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23-Mar-1968

03

The Jammu and Kashmir Representation of the People (Supplementary) Act, 1968 (3 of 1968)

https://www.indiacode.nic.in/bitstream/123456789/2460/1/a1968-3.pdf

central

# THE JAMMU AND KASHMIR REPRESENTATION OF THE PEOPLE (SUPPLEMENTARY) ACT, 1968 __________ ARRANGEMENT OF SECTIONS _________ SECTIONS 1. Short title and commencement. 2. Application of sections 116A, 116B and 116C of the Representation of the People Act, 1951, to orders made by Jammu and Kashmir High Court. 3. Repeal and saving. 1 ----- # THE JAMMU AND KASHMIR REPRESENTATION OF THE PEOPLE (SUPPLEMENTARY) ACT, 1968 ACT NO. 3 OF 1968 [23rd March, 1968.] # An Act to supplement the Jammu and Kashmir Representation of the People Act, 1957. BE it enacted by Parliament in the Nineteenth Year of the Republic of India as follows:— **1. Short title and commencement.—(1) This Act may be called the Jammu and Kashmir** Representation of the People (Supplementary) Act, 1968. (2) It shall be deemed to have come into force on the 9th day of February, 1968. **2. Application of sections 116A, 116B and 116C of the Representation of the People** **Act, 1951, to orders made by Jammu and Kashmir High Court.—The provisions of sections** 116A, 116B and 116C of the Representation of the People Act, 1951 (43 of 1951) shall, so far as may be, apply to every order made by the High Court of Jammu and Kashmir subject to the following modifications, namely:— (a) references therein to the High Court shall be construed as including references to the High Court of Jammu and Kashmir, (b) references therein to the State Legislature or to the Speaker or Chairman thereof, shall be construed as including references to the Legislature of the State of Jammu and Kashmir* and to the Speaker or Chairman thereof, and (c) references therein to the provisions of the Representation of the People Act, 1951 (43 of 1951), shall, in relation to the State of Jammu and Kashmir*, be construed as references to the corresponding provisions of the Jammu and Kashmir Representation of the People Act, 1957 (Jammu and Kashmir Act No. IV of 1957). **3. Repeal and saving.—(1) The Jammu and Kashmir Representation of the People** (Supplementary) Ordinance, 1968 (2 of 1968) is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act 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. 2 -----

22-May-1968

24

The Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968

https://www.indiacode.nic.in/bitstream/123456789/1501/1/196824.pdf

central

SECTIONS 1. Short title. 2. Definitions. # THE BIHAR AND UTTAR PRADESH (ALTERATION OF BOUNDARIES) ACT, 1968 _______ ARRANGEMENT OF SECTIONS ________ PART I PRELIMINARY PART II TRANSFER OF TERRITORIES 3. Transfer of territories. 4. Amendment of First Schedule to the Constitution. PART III REPRESENTATION IN THE LEGISLATURES 5. Construction of Delimitation Orders. 6. Provision as to sitting members. PART IV HIGH COURTS 7. Extension of jurisdiction of, and transfer of proceedings to, High Court at Patna. 8. Extension of jurisdiction of, and transfer of proceedings to, High Court at Allahabad. 9. Right to appear in any proceedings transferred under section 7 or section 8. 10. Interpretation. PART V AUTHORISATION OF EXPENDITURE 11. Appropriation of moneys for expenditure in transferred territories under existing appropriation Acts. 12. Reports relating to accounts of Bihar and Uttar Pradesh. PART VI APPORTIONMENT OF ASSETS AND LIABILITIES 13. Land and goods. 14. Arrears of taxes. 15. Right to recover loans and advances. 16. Refund of taxes collected in excess. 17. Deposits. 18. Contracts. 19. Liability in respect of actionable wrong. 1 ----- SECTIONS 20. Liability as guarantor of co-operative societies. 21. Items in suspense. 22. Apportionment of assets or liabilities by agreement. 23. Power of Central Government to order allocation or adjustment in certain cases. 24. Expenditure to be charged on the Consolidated Fund. PART VII LEGAL AND MISCELLANEOUS PROVISIONS 25. State Financial Corporations and State Electricity Boards. 26. Territorial extent of laws. 27. Power to adapt laws. 28. Power to construe laws. 29. Legal proceedings. 30. Transfer of pending proceedings. 31. Right of pleaders to practise in certain courts. 32. Construction of boundary pillars, etc. 33. Validity of demarcation done before commencement of Act. 34. Effect of provisions inconsistent with other laws. 35. Power to remove difficulties. 36. Power to make rules. THE SCHEDULE. 2 ----- # THE BIHAR AND UTTAR PRADESH (ALTERATION OF BOUNDARIES) ACT, 1968 ACT NO. 24 OF 1968 [22nd May, 1968.] # An Act to provide for the alteration of boundaries of the States of Bihar and Uttar Pradesh and for matters connected therewith. BE it enacted by Parliament in the Nineteenth Year of the Republic of India as follows:— PART I PRELIMINARY **1. Short title.—This Act may be called the Bihar and Uttar Pradesh (Alteration of Boundaries)** Act, 1968. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “appointed day[1]” means the day which the Central Government may, by notification in the Official Gazette, appoint; (b) “assembly constituency”, “council constituency” and “parliamentary constituency” have the same meanings as in the Representation of the People Act, 1950 (43 of 1950); (c) “deep stream”, in relation to the river Ganga or the river Ghaghra, means the deep stream thereof as verified and agreed upon by the State Governments of Bihar and Uttar Pradesh after the 30th day of September of the year preceding the year in which the appointed day falls and before the 1st day of January of the year in which the appointed day falls and in default of agreement between the State Governments, as determined by such authority as may be specified by the Central Government; (d) “fixed boundary” means the boundary line demarcated under the provisions of sub-section (2) of section 3 in relation to the river Ganga or the river Ghaghra, as the case may be; (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 the State of Bihar or Uttar Pradesh; (f) “notified order” means an order published in the Official Gazette; (g) “prescribed” means prescribed by rules made under this Act; (h) “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; (i) “transferred territories” means,— (i) in relation to the State of Bihar, the territories transferred by this Act from that State to the State of Uttar Pradesh, and (ii) in relation to the State of Uttar Pradesh, the territories transferred by this Act from that State to the State of Bihar; (j) any reference to a district of a State shall be construed as a reference to the area physically comprised within that district immediately before the appointed day. 1. 10th June, 1970, vide notification No. G.S.R. 901, dated 9th June, 1970, see Gazette of India, Extraordinary, Part II, sec. 3(i). 3 ----- PART II TRANSFER OF TERRITORIES **3. Transfer of territories.—(1) As from the appointed day,—** (a) there shall be added to the State of Bihar— (i) all the territories of Ballia district of the State of Uttar Pradesh lying between the fixed boundary and the deep stream of the river Ghaghra, and (ii) all the territories of that district lying between the fixed boundary and the deep stream of the river Ganga, and the said territories shall thereupon cease to form part of the State of Uttar Pradesh; and (b) there shall be added to the State of Uttar Pradesh— (i) all the territories of Saran district of the State of Bihar lying between the fixed boundary and the deep stream of the river Ghaghra, and (ii) all the territories of Shahabad district of the State of Bihar lying between the fixed boundary and the deep stream of the river Ganga, and the said territories shall thereupon cease to form part of the State of Bihar. (2) The fixed boundary in relation to each of the rivers Ganga and Ghaghra shall be demarcated by an authority appointed in this behalf by the Central Government so as to be generally in conformity with the boundary line described in the Schedule in relation to that river: Provided that in the process of such demarcation, the said authority shall have power to rationalise to the extent considered necessary by him, the boundary alignment between the high banks of the river Ganga or the river Ghaghra, as the case may be, and in particular shall try— (a) to ensure, as far as possible, the stability of the boundary pillars and the recognition of the boundary alignment both during the dry and flood seasons; and (b) to avoid, as far as possible, the splitting up of the existing abadis. (3) For the purposes of such demarcation,— (a) the decision of the said authority on any matter relating to the interpretation of any part of the description of the boundary given in the Schedule (including the determination of the relevant record referred to in the Explanatory Note to the Schedule) shall be final; (b) the said authority shall have power to determine the location of the points at which the boundary pillars shall be constructed and to specify the State Government which shall be responsible for the construction and maintenance of the boundary pillars at such points according to such specifications as that authority may indicate (the pillars of the same specifications being apportioned, as far as practicable equally between the two State Governments), the decision of the said authority in regard to these matters being final; (c) it shall be lawful for the said authority and for any person specified by such authority to enter upon and survey any area in the vicinity of the boundary line and to do all other acts as may be necessary. (4) The authority referred to in sub-section (2) shall also prepare a map of the transferred territories showing— (a) the deep stream of the river Ghaghra or the river Ganga, as the case may be, and the fixed boundary in relation to that river; (b) the names and boundaries of the villages in the transferred territories, as indicated by the State Government having jurisdiction over the territories before their transfer, with reference to the revenue records of that Government in force immediately before the preparation of such map, 4 ----- and forward such map to the Central Government who shall cause it to be published in the transferred territories in such manner as it thinks fit. (5) As from the appointed day, the State Government of Bihar or Uttar Pradesh shall, by order in the Official Gazette, provide for the administration of the territories transferred to that State under sub-section (1) by including them or any part of them in such district, sub-division, police-station or other administrative unit as may be specified in the order. **4. Amendment of First Schedule to the Constitution.—As from the appointed day, in the First** Schedule to the Constitution, under the heading “I. THE STATES”— (a) for the entry against “3. Bihar”, the following shall be substituted, namely:— “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 and the territories specified in clause (a) of sub-section (1) of section 3 of the Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968, but excluding the territories specified in sub-section (1) of section 3 of the Bihar and West Bengal (Transfer of Territories) Act, 1956, and the territories specified in clause (b) of sub-section (1) of section 3 of the first mentioned Act.”; (b) for the entry against “13. Uttar Pradesh”, the following shall be substituted, namely:— “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 and the territories specified in clause (b) of sub-section (1) of section 3 of the Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968, but excluding the territories specified in clause (a) of sub-section (1) of section 3 of that Act.” PART III REPRESENTATION IN THE LEGISLATURES **5. Construction of Delimitation Orders.—As from the appointed day, any reference in any order** relating to delimitation of parliamentary constituencies, assembly constituencies or council constituencies— (a) (i) to the State of Bihar, shall be construed as including the territories transferred to that State from the State of Uttar Pradesh under clause (a) of sub-section (1) of section 3, but excluding the territories transferred from the State of Bihar to the State of Uttar Pradesh under clause (b) of that sub-section; (ii) to any district, sub-division, police-station or other administrative unit in the State of Bihar, shall be construed as including that part of the territories, if any, transferred to that State, which is included in that district, sub-division, police-station or other administrative unit by order made under sub-section (5) of section 3; (b) (i) to the State of Uttar Pradesh, shall be construed as including the territories transferred to that State from the State of Bihar under clause (b) of sub-section (1) of section 3, but excluding the territories transferred from the State of Uttar Pradesh to the State of Bihar under clause (a) of that sub-section; (ii) to any district, sub-division, police-station or other administrative unit in the State of Uttar Pradesh, shall be construed as including that part of the territories, if any, transferred to that State, which is included in that district, sub-division, police-station or other administrative unit by order made under sub-section (5) of section 3. **6. Provision as to sitting members.—(1) Every sitting member of the House of the People** representing any parliamentary constituency the extent of which has been altered by virtue of the provisions of this Act shall, notwithstanding such alteration, be deemed, as from the appointed day, to have been elected to that House by that constituency as so altered. 5 ----- (2) Every sitting member of the Legislative Assembly of the State of Bihar or Uttar Pradesh representing any assembly constituency the extent of which has been altered by virtue of the provisions of this Act shall, notwithstanding such alteration, be deemed as from the appointed day, to have been elected to the said Legislative Assembly by that constituency as so altered. (3) Every sitting member of the Legislative Council of Bihar or Uttar Pradesh representing any council constituency the extent of which has been altered by virtue of the provisions of this Act, shall, notwithstanding such alteration, be deemed as from the appointed day, to have been elected to the said Legislative Council by that constituency as so altered. PART IV HIGH COURTS **7. Extension of jurisdiction of, and transfer of proceedings to, High Court at Patna.—(1) Except** as hereinafter provided— (a) the jurisdiction of the High Court at Patna shall, as from the appointed day, extend to the territories transferred by this Act from the State of Uttar Pradesh to the State of Bihar; and (b) the High Court of Judicature at Allahabad shall, as from that day, have no jurisdiction in respect of the said territories. (2) Such proceedings pending in the High Court of Judicature at Allahabad 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 Patna shall, as soon as may be after such certification, be transferred to the High Court at Patna. (3) Notwithstanding anything contained in sub-sections (1) and (2), but save as hereinafter provided, the High Court of Judicature at Allahabad shall have, and the High Court at Patna shall not have, jurisdiction to entertain, hear or dispose of appeals, applications for leave to appear 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 Judicature at Allahabad before the appointed day: Provided that if, after such proceedings have been entertained by the High Court of Judicature at Allahabad, it appears to the Chief Justice of that High Court that they ought to be transferred to the High Court at Patna, 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 of Judicature at Allahabad— (a) before the appointed day in any proceedings transferred to the High Court at Patna by virtue of sub-section (2), or (b) in any proceedings with respect to which the High Court of Judicature at Allahabad retains jurisdiction by virtue of sub-section (3), shall, for all purposes, have effect not only as an order of the High Court of Judicature at Allahabad, but also as an order made by the High Court at Patna. (5) Subject to any rule made or direction given by the High Court at Patna, any such person who immediately before the appointed day is an advocate entitled to practise in the High Court of Judicature at Allahabad as may be specified in this behalf by the Chief Justice of the High Court at Patna having regard to the transfer of territories from the State of Uttar Pradesh to the State of Bihar, shall be recognised as an advocate entitled to practise in the High Court at Patna. **8. Extension of jurisdiction of, and transfer of proceedings to, High Court at** **Allahabad.—(1) Except as hereinafter provided—** (a) the jurisdiction of the High Court of Judicature at Allahabad shall, as from the appointed day, extend to the territories transferred by this Act from the State of Bihar to the State of Uttar Pradesh; and 6 ----- (b) the High Court at Patna shall, as from that day, have no jurisdiction in respect of the said territories. (2) Such proceedings pending 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 of Judicature at Allahabad shall, as soon as may be after such certification, be transferred to the High Court of Judicature at Allahabad. (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 of Judicature at Allahabad 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 of Judicature at Allahabad, 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 of Judicature at Allahabad 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 of Judicature at Allahabad. (5) Subject to any rule made or direction given by the High Court of Judicature at Allahabad, any such person who immediately before the appointed day is an advocate entitled to practise in the High Court at Patna as may be specified in this behalf by the Chief Justice of the High Court of Judicature at Allahabad having regard to the transfer of territories from the State of Bihar to the State of Uttar Pradesh, shall be recognised as an advocate entitled to practise in the High Court of Judicature at Allahabad. **9. Right to appear in any proceedings transferred under section 7 or section 8.—Any person who** immediately before the appointed day is an advocate entitled to practise in the High Court at Patna or the High Court of Judicature at Allahabad and was authorised to appear in any proceedings transferred under section 7 or section 8 shall have the right to appear in the High Court to which the proceedings have been transferred, in relation to those proceedings. **10. Interpretation.—For the purposes of sections 7 and 8,—** (a) proceedings shall be deemed to be pending in the High Court at Patna or the High Court of Judicature at Allahabad until that Court has disposed of all issues between the parties, including any issue with respect to the taxation of the costs of the proceedings and shall include appeals, applications for leave to appeal to the Supreme Court, applications for review, petitions for revision and petitions for writs; (b) references to the High Court at Patna or the High Court of Judicature at Allahabad 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 **11. 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** Bihar or Uttar Pradesh before that day for the appropriation of any moneys out of the Consolidated Fund 7 ----- of the State to meet any expenditure in respect of any part of the financial year in which the appointed day falls shall have effect also in relation to the territories transferred to that State by the provisions of Part II 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 Bihar or of Uttar Pradesh 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 territories transferred to that State for a period of not more than six months beginning with the appointed day pending the sanction of such expenditure by the Legislature of the State. **12. Reports relating to accounts of Bihar and Uttar Pradesh.—The reports of the Comptroller and** Auditor-General of India referred to in clause (2) of article 151 of the Constitution relating to the accounts of the State of Bihar or Uttar Pradesh in respect of any period prior to the appointed day shall be submitted to the Governor of each of the States of Bihar and Uttar Pradesh who shall cause them to be laid before the Legislature of the State. PART VI APPORTIONMENT OF ASSETS AND LIABILITIES **13. Land and goods.—(1) Subject to the other provisions of this Part, all land and all stores, articles** and other goods belonging to the State of Bihar or Uttar Pradesh in the transferred territories shall, as from the appointed day, pass to the State to which the territories are transferred. (2) In this section, the expression “land” includes immovable property of every kind and any rights in or over such property. **14. Arrears of taxes.—The right of Bihar or Uttar Pradesh to recover arrears of any tax or duty on** property situate in the transferred territories, including land revenue, or 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 belong to the State to which the territories are transferred. **15. Right to recover loans and advances.—The right to recover any loans or advances made before** the appointed day by Bihar or Uttar Pradesh to any local body, society, agriculturist, or other person in the transferred territories shall belong to the State to which the territories are transferred. **16. Refund of taxes collected in excess.—The liability of Bihar or Uttar Pradesh to refund any tax or** duty on property situate in the transferred territories, including land revenue, collected in excess shall be the liability of the State to which the territories are transferred and the liability of Bihar or Uttar Pradesh to refund any other tax or duty collected in excess in any case where the place of assessment of the tax or duty is in the transferred territories shall also be the liability of the State to which the territories are transferred. **17. Deposits.—The liability of Bihar or Uttar Pradesh 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 the State to which the territories are transferred. **18. Contracts.—(1) Where, before the appointed day, the State of Bihar or Uttar Pradesh 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) if such purposes are, as from that day, purposes relatable exclusively to the transferred territories, of the State to which the territories are transferred; and (b) in any other case, of the State which made the contract, and all rights and liabilities which have accrued, or may accrue, under any such contract shall, to the extent to which they are rights or liabilities of the State which made the contract, be rights or liabilities of the State specified in clause (a) or clause (b) above. 8 ----- (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. **19. Liability in respect of actionable wrong.—Where, immediately before the appointed day, the** State of Bihar or Uttar Pradesh is subject to any liability in respect of an 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 the State to which the territories are transferred; and (b) in any other case, continue to be a liability of the State which, immediately before that day, was subject to such liability. **20. Liability as guarantor of co-operative societies.—Where, immediately before the appointed** day, the State of Bihar or Uttar Pradesh 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 the State to which the territories are transferred; and (b) in any other case, continue to be a liability of the State which, immediately before that day, was subject to such liability. **21. 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. **22. Apportionment of assets or liabilities by agreement.—Where the States of Bihar and** Uttar Pradesh agree that the benefit or burden of any particular asset or liability should be apportioned between them in a manner other than that provided for in the foregoing provisions of this Part, then, notwithstanding anything contained therein, the benefit or burden of that asset or liability shall be apportioned in the manner agreed upon. **23. Power of Central Government to order allocation or adjustment in certain cases.—Where,** by virtue of any of the provisions of this Part, either of the States of Bihar or Uttar Pradesh 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 such contribution in respect thereof, as the Central Government may, after consultation with the two State Governments, by order determine. **24. Expenditure to be charged on the Consolidated Fund.—All sums payable by either Bihar or** Uttar Pradesh 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 LEGAL AND MISCELLANEOUS PROVISIONS **25. State Financial Corporations and State Electricity Boards.—As from the appointed day—** (a) the Financial Corporations constituted under the State Financial Corporations Act, 1951 (63 of 1951), for the States of Bihar and Uttar Pradesh, and 9 ----- (b) the State Electricity Boards constituted under the Electricity (Supply) Act, 1948 (54 of 1948), for the said States, shall be deemed to have been constituted for those States with their areas as altered by the provisions of section 3. **26. 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 the State of Bihar or Uttar Pradesh 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. **27. Power to adapt laws.—For the purpose of facilitating the application of any law in relation to the** State of Bihar or Uttar Pradesh, 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 or 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 any law_ relating to a matter enumerated in the Union List, the Central Government, and as respects any other law, the State Government. **28. 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 the State of Bihar or Uttar Pradesh, 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. **29. Legal proceedings.—Where, immediately before the appointed day, the State of Bihar or** Uttar Pradesh is a party to any legal proceedings with respect to any property, rights or liabilities transferred to the other State under this Act, the other State shall be deemed to be substituted for the State from which such property rights or liabilities are transferred as a party to those proceedings, or added as a party thereto, as the case may be, and the proceedings may continue accordingly. **30. 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 in any area which on that day falls within the State of Bihar or Uttar Pradesh shall, if it is a proceeding relatable exclusively to any part of the territories which as from that day are the territories of the other State, stand transferred to the corresponding court, tribunal authority or officer in the other 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 the other State, to be the corresponding court, tribunal, authority or officer. **31. 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 10 ----- courts, notwithstanding that the whole or any part of the territories within the jurisdiction of those courts has been transferred to another State. **32. Construction of boundary pillars, etc.—(1) It shall be lawful for the State Government which is** responsible for the construction of any boundary pillar under sub-section (3) of section 3 to cause such pillar to be constructed and maintained and no suit, prosecution or other legal proceeding shall lie against the State Government or any of its officers for anything in good faith done or intended to be done under this section. (2) The boundary pillars shall be inspected jointly by the officers of the State Governments of Bihar and Uttar Pradesh in accordance with such rules as the Central Government may make in this behalf. (3) Whoever wilfully removes or injures any boundary pillar shall be punishable with imprisonment of either description for a term which may extend to one year, or with fine, or with both. (4) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (5 of 1898), an offence under sub-section (3) may be inquired into and tried by a court in either of the States of Bihar and Uttar Pradesh. **33. Validity of demarcation done before commencement of Act.—All things done, and all steps** taken, before the commencement of this Act in connection with the demarcation of the fixed boundary in relation to the river Ganga or the river Ghaghra, as the case may be, shall, in so far as they are in conformity with the provisions of sub-sections (2) and (3) of section 3, be deemed to have been done in accordance with law. **34. Effect of provisions inconsistent with other laws.—The provisions of this Act shall have effect** notwithstanding any law, custom or usage which is inconsistent therewith. **35. Power to remove difficulties.—If any difficulty arises in giving effect to the provisions of this** Act, the President may, by notified order, do anything, not inconsistent with such provisions which appears to him to be necessary or expedient for the purpose of removing the difficulty. **36. 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) 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 [1][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 certain words (w.e.f. 15-5-1986). 11 ----- THE SCHEDULE [See section 3 (2)] EXPLANATORY NOTE The village boundaries and names mentioned in this Schedule have reference to boundaries and names as shown in the sheets of large scale surveys covering relevant areas of Saran and Shahabad districts of the State of Bihar and Ballia district of the State of Uttar Pradesh, conducted by the Survey of India during the period 1881-83, and where such sheets are not available as shown in any other record which the State Governments of Bihar and Uttar Pradesh agree to be relevant within one month from the commencement of this Act, or in default of such agreement, which the authority referred to in sub-section (2) of section 3 may determine to be the relevant record. The Ganga and Ghaghra rivers and their high banks wherever mentioned in this Schedule have reference to the geographical river or high bank positions, as the case may be, as shown in the survey records mentioned in the foregoing paragraph. _Ganga Sector_ The boundary in this sector shall commence from a point (approximate Latitude 25° 44' 10", Longitude 84° 36' 06") on the existing fixed boundary between Bihar and Uttar Pradesh, lying between Shitab Diara (Bihar), Mahazi Kondarha (Uttar Pradesh) and Khawaspur (till now in Uttar Pradesh) and located about half mile roughly south-west of the present “abadi” site of Babudera village (near Daljitola). Accordingly, the portion of the present alignment of the above-mentioned existing fixed boundary between this point and the present Ganga river will cease to be the boundary between the States of Bihar and Uttar Pradesh. 2. From this point, the boundary shall run in straight lines within the high banks of the Ganga, connecting successively points (approximate Latitude 25° 44' 12", Longitude 84° 33' 44"), and (approximate Latitude 25° 44' 06", Longitude 84° 33' 46"), placing villages Mahazi Kondarha and Kondarha completely in Uttar Pradesh and village Khawaspur completely in Bihar. From this point, the boundary shall run along the common boundaries of villages Mohanpur and Mandrauli Kans or Tirbhuani, placing them completely in Uttar Pradesh, and Khawaspur, Padumanian, Sohra, Inglis Arazi appg. to Balua Nargada, Piparpati and Salempur Diara Mamluk Sarkar villages placing them completely in Bihar, till it goes to a point (approximate Latitude 25° 43' 35", Longitude 84° 32' 32") on the high bank of the Ganga. From this point, the boundary shall run in straight lines within the high banks of the Ganga, connecting points (approximate Latitude 25° 43' 26", Longitude 84° 32' 12"), (approximate Latitude 25° 40' 56", Longitude 84° 31' 52") and (approximate Latitude 25° 40' 30", Longitude 84° 31' 20"), so as to place villages Raghunathpur, Dewakar Dehari, Kewatia, Narainpur, Singhai, Dharampur, Dokti and Mahazi Dokti completely in Uttar Pradesh and villages Salempur Diara Mamluk Sarkar, Salempur Parsa and Tek Semar completely in Bihar. 3. The boundary will then follow the common boundaries of villages Mahazi Dokti, Arazi Zabti, Mahazi Naubarar No. 49, Naubarar Bandobasti No. 48, Tika Semaria and Nipanian, keeping these villages completely in Uttar Pradesh and villages Zamin Fazil, Suremanpur Harnarain and Bara Singha Buzurg, keeping these villages completely in Bihar, till the boundary reaches point (approximate Latitude 25° 41' 17", Longitude 84° 28' 21") at the north-west corner of village Bara Singha Buzurg and located within the high banks of Ganga river. From this point, the boundary shall run in a straight line to another point (approximate Latitude 25° 41' 35", Longitude 84° 28' 05") on the high bank of the Ganga, placing village Nardara in Uttar Pradesh and villages Parsotimpur Babhnauli and Bahoranpur Chakki completely in Bihar. Thence the boundary shall follow the common boundaries of villages Nardara, Nipanian, Patkhauli, Uchitpur, Bahuara, Udhopur, Nauranga and Bhagwanpur keeping these villages completely in Uttar Pradesh, and villages Pipra Ganesh Damodarpur and Jewainian keeping these villages completely in Bihar, till the boundary reaches point (approximate Latitude 25° 41' 34", Longitude 84° 25' 45") within the high banks of the Ganga. From this point, the boundary shall proceed along the common boundary of village Bhagwanpur and village Bahoranpur, keeping the latter village completely in Bihar, till the boundary reaches point (approximate Latitude 25° 41' 54", Longitude 84° 25' 02") at the north-west corner of village Bahoranpur. 12 ----- 4. Thence the boundary shall run in straight lines within the high banks of the Ganga connecting successively points (approximate Latitude 25° 41' 55", Longitude 84° 24' 33") and (approximate Latitude 25°42' 33", Longitude 84° 24' 11") so as to place village Nauranga completely in Uttar Pradesh and village Nauranga Chakki and Sonbarsa on the other hand completely in Bihar. From this point, the boundary shall follow the common boundaries of villages Nauranga, Bhual Chhapra, Pandepur, Rampur and Udai Chhapra keeping these villages completely in Uttar Pradesh and villages Nauranga Chak, Shiupur and Bariarpur, keeping these villages completely in Bihar, till the boundary reaches point (approximate Latitude 25° 43' 55", Longitude 84° 23' 11"), within the high banks of the Ganga. From this point the boundary shall follow the western boundary of Udai Chhapra up to the high bank of the Ganga and then follow the common boundaries of villages Udai Chhapra, Tola Bari Babu, Kaulapat Chhapra Urf Dubey Chhapra 1st Portion, Pachrukhia, Tulapur Arazi Mafi Khedan Kuanr and Durjanpur, keeping these villages completely in Uttar Pradesh and villages Tulapur and Sughar Chhapra, keeping these villages and village Durjanpur Chak completely in Bihar, till the boundary reaches a point (approximate Latitude 25° 44' 12", Longitude 84° 22' 41") on the high bank of Ganga river. The boundary shall then run in straight lines connecting successively points (approximate Latitude 25° 44' 05", Longitude 84° 22' 38") and (approximate Latitude 25° 44' 29", Longitude 84° 22' 04") and shall then continue along the common boundary of villages Durjanpur and Dangrabad, placing them in Uttar Pradesh, and village Shukulpura or Ghinahu Chhapra, placing this village in Bihar, till the boundary reaches point (approximate Latitude 25° 44' 33”, Longitude 84° 22' 00"), south of the north-west corner of village Shukulpura and located on the high bank of the river. 5. Thence the boundary shall run straight to point (approximate Latitude 25° 44' 35", Longitude 84° 20' 58") at the south-east corner of Gaighat village and located within the high banks of Ganga river so as to place villages Dangrabad and Bighai completely in Uttar Pradesh and village Naini Jor completely in Bihar and then run in a straight line till point (approximate Latitude 25° 44' 37", Longitude 84° 24' 50") at the south-west corner of village Gaighat, placing the village in Uttar Pradesh. From this point, the boundary shall run in straight lines within the high banks of the Ganga, connecting successively points (approximate Latitude 25° 44' 37", Longitude 84° 20' 18"), (approximate Latitude 25° 43' 52", Longitude 84° 19' 49”), (approximate Latitude 25° 42' 29", Longitude 84° 19' 54"), (approximate Latitude 25° 40' 14", Longitude 84° 19' 35"), and (approximate Latitude 25° 40' 04", Longitude 84° 19' 17"), so as to place villages Baghaunch, Pokhra, Babubel, Haldi, Rikni Chhapra, Hansnagar and Jauhi completely in Uttar Pradesh and villages Naini Jor, Mahuar and Bahaduri Patti completely in Bihar. Thence the boundary shall follow the common village boundaries of village Jauhi placing this village in Uttar Pradesh and villages Bisupur and Jagdishpur on the other hand placing these two villages in Bihar, till the boundary reaches point (approximate Latitude 25° 39' 54", Longitude 84° 18' 21"). From this point, the boundary shall run straight within the high banks of the Ganga to a point (approximate Latitude 25° 39' 39", Longitude 84° 17' 43") near the north-east corner of village Sapahi and located at the sharp bend of the high bank of the Ganga so as to place village Jauhi in Uttar Pradesh and villages Pandepur and Hirdahi in Bihar. The boundary shall then follow the northern boundary of village Sapahi up to a point (approximate Latitude 25° 39' 35", Longitude 84° 16' 38") at the north-west corner of this village, placing this village completely in Bihar. 6. The boundary shall then run in straight lines within the high banks of the Ganga, connecting successively points (approximate Latitude 25° 39' 49". Longitude 84° 16' 35"), (approximate Latitude 25° 39' 43", Longitude 84° 13' 30"), (approximate Latitude 25° 40' 08”. Longitude 84° 12' 28"), (approximate Latitude 25° 42' 06", Longitude 84° 12' 01") and (approximate Latitude 25° 43' 03", Longitude 84° 10' 35"), placing villages Jauhi, Shiupur Diar Gangbarar and Shiupur Diar completely in Uttar Pradesh and villages Mannipur, Shiupur Diar Chakki, Paranpur, Pharhada, Kharha Tanr Estate No. 1 Taufir, Gangauli Estate No. 1 Taufir, Dubha Estate No. 1 Taufir, Rajapur and Diara Partappur completely in Bihar. 7. Then the alignment of the boundary from this point to point (approximate Latitude 25° 43' 24", Longitude 84° 07' 52") will be such as to place villages Shiupur Diar, Shiurampur, Dhamauli, Kashimpur, Wazirapur, Bhikhampura, Turk Ballia, Shahpur Dikhwara, Sobhapur and Bijaipur in Uttar Pradesh and villages Diara Partappur, Bhirgu Ashram, Diara Jagdishpur and Parsanpah in Bihar. 13 ----- 8. The boundary shall then run in straight lines within the high banks of the Ganga joining points (approximate Latitude 25° 43' 16", Longitude 84° 06' 25"), (approximate Latitude 25° 42' 48", Longtitude 84° 05' 28"), (approximate Latitude 25° 41' 40", Longitude 84° 04' 37”), (approximate Latitude 25° 39' 06", Longitude 84° 05' 14"), (approximate Latitude 25° 38' 10”, Longitude 84° 04' 59"), (approximate Latitude 25° 37' 33", Longitude 84° 02' 47") and (approximate Latitude 25° 36' 52", Longitude 84° 01' 10") consecutively, placing villages Maldepur, Parsi Patti or Chakia, Haibatpur or Begpur, Taranpur, Bansthana, Pandepur appg. to Ismaila, Hasanpur appg. to Takarsand, Anjorpur, Kot, Arazi Diara (appg. to Kot), Naubarar of Shahapur of 1873, Naubarar of Shahpur of 1880, Naubarar of Kulharia 1880, Naubarar of Palia 1881, Naubarar of Sarwanpur 1881, Naubarar of Rai Kishun Patti 1881, Naubarar of Belsipah 1881, Gangbarar of Sheopur and Gangbarar of Sital Patti completely in Uttar Pradesh and villages Parsanpah, Sultanhi, Dilia Estate No. 1 Taufir, Parnahi Kalan, Parnahi Khurd, Umarpur Diara, Sura tanr or Barkagaon, Nagpura, Padampur, Desar Buzurg, Misraulia, Umarpur Diara, Majharia and Arjunpur completely in Bihar. 9. Thence the boundary will run in straight lines within the high banks of the Ganga, joining successively points (approximate Latitude 25° 34' 09", Longitude 83° 57' 29") and (approximate Latitude 25° 33' 36", Longitude 83° 55' 51"). The last point is the trijunction of the boundaries of districts Ballia and Ghazipur of Uttar Pradesh and district Shahabad of Bihar. 10. The boundary described above, shall be a continuous line. _Ghaghra Sector_ The boundary in this sector shall commence from a point (approximate Latitude 25° 46' 21", Longitude 84° 37' 15") on the existing fixed boundary between Shitab Diara in Bihar and Jazira No. 36 in Uttar Pradesh, located at a distance of about 1 mile north-east of the present village Naukatola. 2. From this point, the boundary shall run in straight lines within the high banks of Ghaghra river, connecting successively points (approximate Latitude 25° 46' 18”, Longitude 84° 37' 31"), (approximate Latitude 25° 47' 27", Longitude 84° 37' 36"), (approximate Latitude 25° 49' 29”, Longitude 84° 35' 04"), (approximate Latitude 25° 49' 55", Longitude 84° 34' 19") and (approximate Latitude 25° 50' 21", Longitude 84° 33' 06") so as to place villages Shitab Diara, Diara Naubarar Godnan, Simaria Bhadpa Buzurg, Manjhanpura, Kaunru, Dhaunru, Manjhi Khas, Diara Manjihi and Mahazi Dumari completely in Bihar and villages Jazira No. 36 and Chand Diara completely in Uttar Pradesh. Thence the boundary shall follow the common boundary between village Mahazi Chand Diara or Dumaria, keeping this village completely in Bihar, and villages Chand Diara and Mahazi Adhsijhua, keeping these villages completely in Uttar Pradesh, till the boundary reaches point (approximate Latitude 25° 51' 31", Longitude 84° 32' 32") on the high bank of the Ghaghra. 3. Thence the boundary shall run in straight lines within the high banks of the Ghaghra, connecting successively points (approximate Latitude 25° 51' 53", Longitude 84° 32' 39") (approximate Latitude 25° 52' 33", Longitude 84° 32' 04") (approximate Latitude 25° 52' 16", Longitude 84° 30' 47") and (approximate Latitude 25° 53' 08", Longitude 84° 29' 34") so as to place villages Jazira Half Be (East), Dumri, Babhanauli or Babhuli, Jazira Hari Be (West), and Domaigarh completely in Bihar and villages Mahazi Adhsijhua and Gopalnagar completely in Uttar Pradesh. The boundary shall then follow the common boundaries between villages Matiar Diara, Mahazi Naubarar Bashishtnagar, Naubarar Ramnagar, Gopalpur and Ramnagar Shumali, keeping these villages completely in Bihar, and villages Gopalnagar, Bashishtnagar, Ramnagar Janubi, Asmanpur, Chattur Bhojpur, Gobindpur, Alagdiari, Zamin Gangbarari Patti Mashrik and Jazira Diara Rampur, keeping these villages completely in Uttar Pradesh, till the boundary reaches point (approximate Latitude 25° 55' 49", Longitude 84° 24' 46") on the high bank of Ghaghra river. 4. From this point, the boundary shall run in straight lines within the high banks of Ghaghra river, connecting successively points (approximate Latitude 25° 56' 05", Longitude 84° 23' 16") (approximate Latitude 25° 57' 27", Longitude 84° 21' 21") (approximate Latitude 25° 56' 36", Longitude 84° 18' 50") (approximate Latitude 25° 56' 39", Longitude 84° 17' 55") (approximate Latitude 25° 57' 28", Longitude 84° 17' 02") (approximate Latitude 25° 58' 30", Longitude 84° 14' 49") and (approximate Latitude 25° 58' 38", Longitude 84° 14' 46"), so as to place villages Siswan, Gangapur, Bhagar Nizamat, 14 ----- Kachnar and Sisai Diara, Gabhirar, Diara Ghabhirar Mamluk Sarkar, Kaunsar Patti Jujhar, Diara Kaunsar Patti Purab, Diara Kaunsar Patti Jujhar, Diara Kaunsar Patti Pachhim, Diara Narhan Mamluk Sarkar and Narhan Badlu Kokhan Patti Kakuliat completely in Bihar and villages Jazira Diara Rampur, Diara Bhagar, Diara Naubarar Lakhmi Rai Madho Rai, Diara Lakhmi Rai Madho Rai, Chhap Dhanantar, Marwatia Naubarar and Chakki Diara Sultanpur completely in Uttar Pradesh. 5. Then the boundary shall follow the common boundaries between villages Narhan Badlu Mohkam Patti Kakuliat, Diara Bhao Singhpur, Diara Kakuliat or Patti Kakuliat, Adhampur, Patar and Diara Naubarar Bandobasti Patar, keeping these villages completely in Bihar and village Adampur Chakki, keeping this village completely in Uttar Pradesh, till the boundary, reaches point (approximate Latitude 25° 59' 24", Longitude 84° 12' 12") on the high bank of Ghaghra river. From this point the boundary shall run in straight lines within the high banks of Ghaghra river, connecting successively points (approximate Latitude 25° 59' 15", Longitude 84° 11' 53") and (approximate Latitude 25° 59' 35", Longitude 84° 11' 16") so as to place village Diara Naubarar Bandobasti Patar completely in Bihar and villages Kakarghatta, Gondauli and Sangapur completely in Uttar Pradesh. Thence the boundary shall run straight to point (approximate Latitude 25° 59' 38", Longitude 84° 11' 08") approximately following the northern boundary of village Bikrampur, placing the village in Uttar Pradesh. 6. From this point, the boundary shall run straight within the high banks of Ghaghra river to point (approximate Latitude 25° 59' 39", Longitude 84° 10' 46") so as to place village Diara Naubarar Bandobasti Patar completely in Bihar and village Ailasgarh completely in Uttar Pradesh. The alignment thence to point (approximate Latitude 26° 01' 27", Longitude 84° 10' 11") will be such that village Diara Maniar Tukra I shall be placed in Bihar and village Mahazi Maniar Tukra II shall be placed in Uttar Pradesh. 7. From thereon, the boundary shall run in straight lines within the high banks of Ghaghra river, connecting successively points (approximate Latitude 26° 03' 07”, Longitude 84° 08' 21"), (approximate Latitude 26° 04' 29", Longitude 84° 07' 26"), (approximate Latitude 26” 05' 34", Longitude 84° 06' 22"), (approximate Latitude 26° 06' 00", Longitude 84° 05' 27"), and (approximate Latitude 26° 06' 00", Longitude 84° 03' 27") so as to place villages Kasalia Pachbimia, Diara Kashidat, Diara Harna Tand, Darauli, Doba Karwan, Karamha, Amarpur, Keontallia and Dumarbar Khurd completely in Bihar and villages Dewarah Mahazi Kashidat, Demarah Harnatar, Dewarah Darauli, Dewarah Karmaha, Dewarah Amarpur, Sisotar and Lilkar completely in Uttar Pradesh. The last point is the trijunction of the boundaries of districts Saran of Bihar and Ballia and Deoria of Uttar Pradesh. 8. The boundary described above shall be a continuous line. 15 -----

24-May-1968

26

The Pondicherry (Extension of Laws) Act, 1968

https://www.indiacode.nic.in/bitstream/123456789/1592/2/A1968-26.pdf

central

# THE PONDICHERRY (EXTENSION OF LAWS) ACT, 1968 __________ ARRANGEMENT OF SECTIONS ___________ SECTIONS 1. Short title. 2. Definitions. 3. Extension with amendments of certain laws to Pondicherry and their commencement therein. 4. Repeal and saving. 5. Extension of rules, orders, etc., under certain laws. 6. Rules of construction. 7. Power to remove difficulties. THE SCHEDULE. 1 ----- # THE PONDICHERRY (EXTENSION OF LAWS) ACT, 1968 ACT NO. 26 OF 1968 An Act to extend certain Central Acts to the Union territory of Pondicherry. [24th May, 1968.] BE it enacted by Parliament in the Nineteenth Year of the Republic of India as follows:— **1. Short title.—This Act may be called the Pondicherry (Extension of Laws) Act, 1968.** **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “Act” means an Act or the Ordinance specified in the Schedule; (b) “Administrator” means the administrator of Pondicherry appointed by the President under article 239 of the Constitution; (c) “Pondicherry” means the Union territory of Pondicherry. **3. Extension with amendments of certain laws to Pondicherry and their commencement** **therein.—(1) The Acts specified in Part I of the Schedule as they are generally in force in the territories** to which they extend and the Acts specified in Part II of the Schedule as they were in force on the 1st day of August, 1966, in the State or Union territory mentioned there against shall extend to Pondicherry, subject to the modifications, if any, specified in the Schedule. (2) Notwithstanding anything contained in sub-section (1), or in the relevant provision, if any, of each such Act for the commencement thereof, the provisions of each such Act shall come into force in Pondicherry on such date as the Administrator may, by notification in the Official Gazette, appoint: Provided that different dates may be appointed for different provisions of any Act and any reference in any such provision to the commencement of the Act shall be construed as a reference to the coming into force of that provision. **4. Repeal and saving.—(1) Any law in force in Pondicherry or any area thereof corresponding to any** Act referred to in sub-section (1) of section 3 or any part thereof (except in so far as such law continues to be applicable to Renoncants) shall stand repealed as from the coming into force of such Act in Pondicherry. (2) Nothing in sub-section (1) shall effect— (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 has not been passed: Provided that 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 licene granted, or registration effected) under any such law, shall be deemed to have been done or taken under the corresponding provision of the Act extended to Pondicherry by this Act and shall continue to be in force accordingly unless and until superseded by anything done or any action taken under the said Act. 2 ----- **5. Extension of rules, orders, etc., under certain laws.—All rules, notifications, orders, regulations** and bye-laws made or issued by the Central Government under the provisions of any Act generally for the territories to which such Act extends shall, as from the commencement of the provisions of such Act in Pondicherry, extend to, and come into force in, Pondicherry. **6. Rules of construction.—(1) In any Act or in any of the rules, notifications, orders, regulations and** bye-laws made or issued thereunder and extended to Pondicherry by this Act,— (a) any reference to any provision of law not in force, or to any functionary not in existence, in Pondicherry shall be construed as a reference to the corresponding law in force, or to the corresponding functionary in existence, in that Union territory: Provided that— (i) if any question arises as to who such corresponding functionary is, or (ii) if there is no such corresponding functionary, the Administrator shall decide as to who such functionary will be and his decision shall be final; (b) any reference to the State Government shall be construed as a reference to the Central Government and also as including a reference to the Administrator. (2) For the purpose of facilitating the application in relation to Pondicherry of any Act or any rule, notification, order, regulation or bye-law made or issued thereunder, any court or other authority may construe it in such manner, not affecting the substance, as may be necessary or proper to adapt it to the matter before the court or other authority. **7. Power to remove difficulties.—If any difficulty arises in giving effect in Pondicherry to the** provisions of any Act extended by this Act to Pondicherry, the Central Government may, as occasion may require, by order, make such provisions or give such directions not inconsistent with the provisions of such Act as appear to it to be necessary for the purpose of removing the difficulty and any such order may provide for the transfer of any matter pending before any court, tribunal or other authority immediately before the commencement of such Act in Pondicherry to any corresponding court, tribunal or authority for disposal: Provided that no such order shall be made under this section in respect of any Act after the expiration of two years from the date on which such Act comes into force in Pondicherry and in respect of an Act, the provisions of which are brought into force in Pondicherry on different dates, the period of two years shall be reckoned with reference to the commencement of the relevant provision as specified in the proviso to sub-section (2) of section 3. THE SCHEDULE [See section 3(1)] PART I Year No. Short title Modifications 1 2 3 4 1839 32 The Interest Act, 1839. 1850 12 The Public Accountants‟ Default Act, 1850. 1850 18 The Judicial Officers Protection Act, 1850. 1850 21 The Caste Disabilities Removal Act, 1850. 1851 8 The Indian Tolls Act, 1851. 3 ----- Year No. Short title Modifications 1 2 3 4 1855 12 The Legal Representatives‟ Suits Act, 1855. 1855 13 The Indian Fatal Accidents Act, 1855. 1856 9 The Indian Bills of Lading Act, 1856. 1856 12 The Civil Courts Amins Act, 1856. 1859 9 The Forfeiture Act, 1859. 1863 23 The Waste Lands (Claims) Act, 1863. 1864 15 The Indian Tolls Act, 1864. 1865 3 The Carriers Act, 1865. 1866 21 The Converts‟ Marriage Dissolution Act, 1866. 1872 9 The Indian Contract Act, 1872. 1872 15 The Indian Christian Marriage Act, 1872. 1873 10 The Indian Oaths Act, 1873. After section 1, insert:— “2. Nothing contained in this Act shall apply to saving the Renoncants of the Union territory of Pondicherry.”. In section 1, at the end, insert:— “Provided that nothing contained in this Act shall apply to the Renoncants of the Union territory of Pondicherry.”. 1875 9 The Indian Majority Act, 1875. In section 1, at the end insert:— “Provided that nothing contained in this Act shall apply to the Renoncants of the Union territory of Pondicherry.”. 1880 1 The Religious Societies Act, 1880. 1880 12 The Kazis Act, 1880. 1880 13 The Vaccination Act, 1880. 1882 4 The Transfer of Property Act, 1882. 1882 5 The Indian Easements Act, 1882. 1882 7 The Powers-of-Attorney Act, 1882. 1887 7 The Suits Valuation Act, 1887. 1887 9 The Provincial Small Cause Courts Act, 1887. 1890 1 The Revenue Recovery Act, 1890. 4 ----- Year No. Short title Modifications 1 2 3 4 1890 8 The Guardians and Wards Act, 1890. In section 1, after sub-section (2), insert:— “Provided that nothing contained in this Act shall apply to the Renoncants of the Union territory of Pondicherry.” 1891 18 The Bankers‟ Books Evidence Act, 1891. 1893 4 The Partition Act, 1893. 1894 9 The Prisons Act, 1894. 1897 3 The Epidemic Diseases Act, 1897. 1899 4 The Government Buildings Act, 1899. 1900 3 The Prisoners Act, 1900. 1908 16 The Indian Registration Act, 1908. 1914 9 The Local Authorities Loans Act, 1914. 1916 15 The Hindu Disposition of Property Act, 1916. 1917 5 The Destruction of Records Act, 1917. 1918 10 The Usurious Loans Act, 1918. 1919 12 The Poisons Act, 1919. 1920 5 The Provincial Insolvency Act, 1920. 1920 10 The Indian Securities Act, 1920. 1920 15 The indian Red Cross Society Act, 1920. In section 1, after sub-section (2), insert:— “Provided that nothing contained in this Act shall apply to the Renoncants of the Union territory of Pondicherry.”. 1920 33 The Identification of Prisoners Act, 1920. 1921 18 The Maintenance Orders Enforcement Act, 1921. 1922 7 The Emigration Act, 1922. 1922 22 The Police(incitement to Disaffection)Act, 1922. 1923 5 The Indian Boilers Act, 1923. 1928 12 The Hindu Inheritance (Removal of Disabilities) Act, 1928. 5 In section 1, in sub-section (3), add at the end:— “or to the Renoncants of the Union territory of Pondicherry.”. ----- Year No. Short title Modifications 1 2 3 4 1929 19 The Child Marriage Restraint Act, 1929. 1930 3 The Sale of Goods Act, 1930. In section 1, after sub-section (2), insert:— “Provided that nothing contained in this Act shall apply to the Renoncants of the Union territory of Pondicherry.”. 1930 30 The Hindu Gains of Learning Act, 1930. 1936 3 The Parsi Marriage and Divorce Act, 1936. 1937 26 The Muslim Personal Law (Shariat), Application Act, 1937. 1939 8 The Dissolution of Muslim Marriages Act, 1939. 1939 30 The Commercial Documents Evidence Act, 1939. 1940 10 The Arbitration Act, 1940. 1943 9 The Reciprocity Act, 1943. 1944 38 The Criminal Law Amendment Ordinance, 1944. 1945 ... The International Monetary Fund and Bank Act,1945. 1947 43 The United Nations(Security Council) Act, 1947. 1947 46 The United Nations (Privileges and Immunities) Act, 1947. 1948 41 The Diplomatic and Consular Officers (Oaths and Fees) Act, 1948. 1950 29 The Transfer of Prisoners Act, 1950. 6 In section 1, in sub-section (2), after the proviso, insert:— “Provided further that nothing contained in this Act shall apply to the Renoncants of the Union territory of Pondicherry.”. In section 1, after sub-section (2), insert: “Provided that nothing contained in this Act shall apply to the Renoncants of the Union territory of Pondicherry.”. In section 1, after sub-section (2), insert:— “Provided that nothing contained in this Act shall apply to the Renoncants of the Union territory of Pondicherry.”. ----- Year No. Short title Modifications 1 2 3 4 1950 64 The Road Transport Corporations Act, 1950. 1950 74 The Telegraph Wires (Unlawful Possession) Act, 1950. 1951 50 The Tariff Commission Act, 1951. 1951 54 The Companies (Donations to National Funds) Act, 1951. 1951 61 The All-India Services Act, 1951. 1952 35 The Mines Act, 1952. 1952 53 The Notaries Act, 1952. 1954 29 The Wakf Act, 1954. 1955 32 The Prisoners (Attendance in Courts) Act, 1955. 1955 42 The Prize Competitions Act, 1955. 1955 45 The Working Journalists (Conditions of Service) and Miscellaneous Provisions Act, 1955. 1956 3 The University Grants Commission Act, 1956. 1956 31 The Life Insurance Corporation Act, 1956. 1956 32 The Hindu Minority and Guardianship Act, 1 956. 1956 42 The Securities Contracts (Regulation) Act, 1956. 1956 78 The Hindu Adoptions and Maintenance Act, 1956. In section 3, 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.”. 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.”. 1956 93 The Young Persons (Harmful Publications) Act, 1956. 7 ----- Year No. Short title Modifications 1 2 3 4 1956 96 The Slum Areas (Improvement and Clearance) Act, 1956. 1956 104 The Suppression of Immoral Traffic in Women and Girls Act, 1956. 1958 20 The Probation of Offenders Act, 1958. 1958 21 The Rice-Milling Industry (Regulation) Act, 1958. 1958 29 The Working Journalists (Fixation of Rates of Wages) Act, 1958. 1958 42 The International Finance Corporation (Status, Immunities and Privileges) Act, 1958. 1960 6 The Geneva Conventions Act, 1960. 1960 32 The International Development Association (Status, Immunities and Privileges) Act, 1960. 1960 63 The Preference Shares (Regulation of Dividends) Act, 1960. 8 In section 1, after sub-section (2), insert:— “(3) Notwithstanding anything contained in sub-section (2), the provisions of this Act shall, in their application to the Union territory of Pondicherry, have effect subject to the modifications specified in the Schedule.”. After section 7, add:— THE SCHEDULE [See section 1(3)] _Modifications of the Act in its application to_ _the Union territory of Pondicherry_ 1. Sections 3 and 4 shall be omitted. 2. In section 4A, for the words, brackets, letters and figures “twenty-seven and a half per cent. of the aggregate of (i) the stipulated dividend, and (ii) an amount equal to eleven per cent. of the stipulated dividend as specified in sub-section (3) of section 3”, the following shall be substituted, namely:— “twenty-seven and a half per cent. of the stipulated dividend: Provided that in a case where the preference shares in respect of which dividend is declared or paid from part of the preference share capital of a company which, in respect ----- Year No. Short title Modifications 1 2 3 4 of the greater part of its total income, is entitled to a deduction from the tax chargeable from it under the Income-tax Act, 1961 (43 of 1961), under a notification issued by the Central Government under section 294A of that Act, the reference to twenty-seven and a half per cent. of the stipulated dividend shall be construed as a reference to— (i) where the stipulated dividend in respect of such preference share is declared or paid in respect of the previous year relevant to the assessment year commencing on the 1st day of April, 1965, the said twenty-seven and a half per cent. asreduced by forty-five per cent. thereof; (ii) where such dividend is declared or paid in respect of the previous year relevant to the assessment year commencing on the 1st day of April, 1966, the said twenty-seven and a half per cent. as reduced by twenty-five per cent. thereof; (iii) wheresuch dividend is declared or paid in respect of the previous year relevant to the assessment year commencing on the 1st day of April, 1967, or the 1st day of April, 1968, or the 1st day of April, 1969, the said twentyseven and a half per cent. as reduced by ten per cent. thereof. _Explanation.—For the removal of doubts it is_ hereby declared that any reference in this section to deduction made from a dividend on account of the income-tax payable by the company does not include any amount deducted by the company from that dividend under section 194 of the Income-tax Act, 1961 (43 of 1961).”. 3. In section 5, sub-section (2) shall be omitted. 4. Section 6 shall be omitted.‟. 1961 25 The Advocates Act, 1961 In section 3. in sub-section (1),— (1) in clause (a), omit, “Madras”; (2) re-letter clause (cc) (inserted by Regulation 8 of 1963) as clause (ccc) and before the clause as so re-lettered, insert:— “(cc) for the State of Madras and the Union territory of Pondicherry to be known as the Bar Council of Madras.”. After Section 58A, insert :— “58AA. Special Provisions in relation to the _Union Territory of Pondicherry.—_ 9 ----- Year No. Short title Modifications 1 2 3 4 (1) Notwithstanding anything contained in this Act, all persons who, immediately before the date on which the provisions of Chapter III are brought into force in the Union territory of Pondicherry, were entitled to practise the profession of law (whether by way of pleading or acting or both) under any law in force in the said Union territory or who would have been so entitled had they not been in public service on the said date, shall for the purposes of clause (a) of subsection (1) of section 17, be deemed to be persons who were entered as advocates on the roll of a High Court under the Indian Bar Councils Act, 1926, (38 of 1926) and every such person may, on an application made in this behalf within such time as may be specified by the Bar Council of Madras, be admitted as an advocate on the State roll maintained in respect of the said Union territory. (2) Notwithstanding anything contained in this Act, every person who, immediately before the date on which the provisions of Chapter IV are brought into force in the Union territory of Pondicherry, was practising the profession of law (whether by way of pleading or acting or both or in any other way) by virtue of the provisions of any law in force in the said Union territory, who does not elect to be or is not qualified to be, enrolled as an advocate under sub-section (1), shall, notwithstanding the repeal of the relevant provisions of such law by the Pondicherry (Extension of Laws) Act, 1968, continue to enjoy the same rights as respects practice in any court or revenue office or before any authority or person andbe subject to the disciplinary jurisdiction of the same authority which he enjoyed, or, as the case may be, to which he was subject, immediately before the said date and accordingly the relevant provisions of the law aforesaid shall have effect in relation to such persons as if they had not been repealed.” 1961 28 The Dowry Prohibition Act, 196l. 1961 45 The Foreign Awards (Recognition and Enforcement) Act, 1961. 10 ----- PART II Year No. Short title In force in a State or a Union Territory Modifications 1 2 3 4 5 1870 7 The Court-fees Act, 1870. 1899 2 The Indian Stamp Act, 1899. As in force in the Union territory of Andaman and Nicobar Islands on the 1st day of August, 1966. As in force in the State of Madras on the 1st day of August, 1966. 11 In section 2, for clause (b), substitute:— „(b) “State Government” in relation to the Union territory of Pondicherry means the administrator thereof.‟. In section 2, after clause (25), insert:— (26) “State Government” in relation to the Union territory of Pondicherry means the administrator thereof.‟. In section 3, omit the first and second provisos. In section 19A,— (a) for “Presidency of Madras”, substitute “Union territory of Pondicherry”; (b) for“Presidency” substitute “Union territory”. In section 57, in sub-section (1), omit “and” at the end of clause (d) and after clause (e) insert: — “(ee) if it arises in the Union territory of Pondicherry, to the High Court of Madras.”. In section 75 A, for sub-section (2), substitute :— “(2) Every rule made under this Act shall, as soon as may be after it is made, be laid before the Legislative Assembly while it is in session for a total period of fourteen 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, the Legislative Assembly makes any modification in the rule or decides that any such rule should not be made, that 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 after under that rule.”. ----- Year No. Short title In force in a State or a Union Territory Modifications 1 2 3 4 5 In Schedule 1— (i) in entry 9, omit the Exemption; (ii) in entry 15, for “Madras Courtfees and Suits Valuation Act, 1955 (Madras Act XIV of 1955)”, substitute “Court-fees Act, 1870 (7 of 1870)”; (iii) omit entry 20A; (iv) in entry 62, in clause (d), for “Administrator General‟s Act, 1913 (Central Act III of 1913), section 25”, substitute“Administrators-General Act, 1963 (45 of 1963), section 22.”. 1908 5 The Code of Civil Procedure, 1908 As in force in the State of Madras on the 1st day of August, 1966. 12 After section 45, insert :— “45A. Execution of decrees, etc., passed _or made before the commencement of the_ _Code in Pondicherry.—Any judgment,_ decree or order passed or made before the commencement of this Code by any civil court in the Union territory of Pondicherry shall, for the purpose of execution, be deemed to have been passed or made under this Code: Provided that nothing contained in this section shall be construed as extending the period of limitation to which any proceeding in respect of such judgment, decree or order may be subject.”. -----

24-May-1968

27

The Civil Defence Act, 1968

https://www.indiacode.nic.in/bitstream/123456789/1524/2/A1968-27.pdf

central

# THE CIVIL DEFENCE ACT, 1968 ______ ARRANGEMENT OF SECTIONS ______ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. CHAPTER II POWER OF CENTRAL GOVERNMENT TO MAKE RULES FOR CIVIL DEFENCE 3. Power to make rules for civil defence. CHAPTER III CIVIL DEFENCE CORPS 4. Constitution of Civil Defence Corps. 5. Appointment of members and officers. 6. Dismissal of members of Civil Defence Corps. 7. Appeal. 8. Functions of members of Civil Defence Corps. 9. Power to make regulations. CHAPTER IV MISCELLANEOUS 10. Provisions of the Personal Injuries (Emergency Provisions) Act to apply to injuries sustained by the members of the Corps. 11. Penalties. 12. Effect of Act and rules, etc., inconsistent with other enactments. 13. Ordinary avocations of life to be interfered with as little as possible. 14. Savings as to orders. 15. Act not to apply to measures taken for the protection of the Armed Forces. 16. Limitation of prosecutions. 16A. Power of the Central Government to delegate. 16B. Effect of order made by the Central Government, etc. 17. Power to delegate. 18. Protection of action taken in good faith. 19. Authorised persons and members of the Corps to be public servants. 20. Rules and regulations to be laid before Parliament. 1 ----- # THE CIVIL DEFENCE ACT, 1968 ACT NO. 27 OF 1968 [24th May, 1968.] An Act to make provision for civil defence and for matters connected therewith. BE it enacted by Parliament in the Nineteenth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title, extent and commencement.—(1) This Act may be called the Civil Defence Act, 1968.** (2) It extends[1] to the whole of India. (3) It shall come into force in a State or part thereof on such date[2], not being a date earlier than the date of the expiry of the Defence of India Act, 1962 (51 of 1962), as the Central Government may, by notification, appoint and different dates may be appointed for different States or different parts thereof. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “civil defence” includes any measures, not amounting to actual combat, for affording protection to any person, property, place or thing in India or any part of the territory thereof against any hostile attack, whether from air, land, sea or other places, or, for depriving any such attack of the whole or part of its effect, whether such measures are taken before, during, at or after the time of such attack[3][or any measure taken for the purpose of disaster management, before, during, at, or after any disaster]; (b) “Civil Defence Corps” means the Corps formed wholly or mainly to meet the needs of civil defence and includes an organisation deemed to be a Corps under the proviso to sub-section (1) of section 4; (c) “hostile attack” means any attack by any person or body of persons, whether during any war, external aggression, internal disturbance or otherwise which endangers the security of any life, property, place or thing in India or any part of the territory thereof; (d) “notification” means a notification published in the Official Gazette; (e) “personal service injury” has the meaning assigned to it in the Personal Injuries (Emergency Provisions) Act, 1962 (59 of 1962); (f) “State Government”, in relation to a Union territory, means the Administrator of the Union territory; 1[(g) “disaster” means a disaster as defined in clause (d) of section 2 of the Disaster Management Act, 2005(53 of 2005); (h) “disaster management” means the disaster management as defined in clause (e) of section 2 of the Disaster Management Act, 2005(53 of 2005).] CHAPTER II POWER OF CENTRAL GOVERNMENT TO MAKE RULES FOR CIVIL DEFENCE **3. Power to make rules for civil defence.—(1) The Central Government may, for securing civil** defence, by notification, make rules providing for all or any of the following matters, namely:— (a) preventing the prosecution of any work likely to prejudice civil defence; 1. 1st October, 1975, vide notification No. S.O.478(E),dated 8th September, 1975, extended and brought into force in the State of Sikkim. 2. 10th July, 1968, _vide_ notification No. S.O.2435(E), dated 5th July, 1968, _see_ Gazette of India, Extraordinary, Part II, sec. 3 (ii). 3. Ins. by Act 3 of 2010, s. 2 (w.e.f. 21-1-2010). 2 ----- (b) instruction of members of the public regarding civil defence and their equipment for the purposes of such defence; (c) provision, storage and maintenance of commodities and things required for civil defence; (d) prohibiting or regulating traffic, and the use of vessels, buoys, lights and signals in ports and territorial, tidal and inland waters; (e) control of lights and sounds; (f) protection of life and property by taking fire prevention and other measures; (g) securing of any buildings, premises or other structures from being readily recognisable in the event of a hostile attack; (h) for the prevention of danger to life or property, the demolition, destruction or rendering useless, of any building, premises or other structures or any other property; (i) prohibiting or regulating the possession, use or disposal of— (i) explosives, inflammable substances, corrosive and other dangerous substances or articles, arms and ammunition; (ii) vessels; (iii) wireless telegraphic apparatus; (iv) aircraft; and (v) photographic and signalling apparatus and any means of recording information; (j) evacuation of areas and the removal of property or animals therefrom; (k) accommodation in any area of persons evacuated from another area and the regulation of the conduct of evacuated persons accommodated in such area; (l) billeting of evacuated person or persons authorised to perform functions under this Act; (m) salvage of damaged buildings, structures and property and disposal of the dead; (n) seizure and custody or destruction of injured, unclaimed or dangerous animals; (o) ensuring the safety of— (i) ports, dockyards, lighthouses, lightships, aerodromes and facilities associated with aerial navigation; (ii) railways, tramways, roads, bridges, canals and all other means of transport by land or water; (iii) telegraphs, post offices, signalling apparatus and all other means of communication; (iv) sources and systems of water supply, works for the supply of water, gas or electricity and all other works for public purposes; (v) vessels, aircraft, transport vehicles as defined in the Motor Vehicles Act, 1939 (4 of 1939), and rolling stocks of railways and tramways; (vi) warehouses and all other places used or intended to be used for storage purposes; (vii) mines, oilfields, factories or industrial or commercial undertakings generally, or any mine, oilfield, factory or industrial or commercial undertaking in particular; (viii) laboratories and institutions where scientific or technological research or training is conducted or imparted; (ix) all works and structures being part of, or connected with, anything earlier mentioned in this clause; and 3 ----- (x) any other place or thing used or intended to be used for the purposes of Government or a local authority or a semi-Government or autonomous organisation, the protection of which is considered necessary or expedient for securing civil defence; (p) control of any road or pathway, waterway, ferry or bridge, river, canal or other source of water supply; (q) precautionary measures, which the Government or any department thereof or any local authority, members of police force, fire brigade and members of any other service or authority employed primarily for purposes other than civil defence purposes should be required to take within their respective jurisdictions or with respect to any personnel employed by them; (r) preventing or controlling any use of uniforms, whether official or otherwise, or flags or official decorations like medals, badges or other insignia or anything similar thereto, the wearing of which is calculated to deceive or to prejudice civil defence; (s) precautions to be taken or action to be taken by persons or authorities with a view to protecting or acquainting the general public or any members thereof against the dangers involved in any apprehended hostile attack; (t) requiring the owner or occupier of any building, structure or premises to make or carry out such arrangements as may be necessary for the purposes of detection and prevention of fire; (u) taking of specified measures for dealing with outbreaks of fire; (v) directing that, subject to any specified exemption, no person present in any specified area shall, between such hours as may be specified, be out of doors except under the authority of a written permit granted by a specified authority or person; (w) (i) prohibiting the printing and publication of any newspaper, news-sheet, book or other document containing matters prejudicial to civil defence; (ii) demanding security from any press used for the purpose of printing or publishing, and forfeiting the copies of, any newspaper, news-sheet, book or other document containing any of the matters referred to in sub-clause (i); (x) regulating the conduct of persons in respect of areas the control of which is considered necessary or expedient, and removal of persons from such areas; (y) requiring any person or class of persons to comply with any scheme of civil defence; (z) any other provision which may be necessary for the purposes of civil defence. (2) Any rule made under sub-section (1) may provide that orders with regard to the matters specified therein may be made by the State Government. 1(3) Any rule made under sub-section (1) may provide that a contravention thereof or any order made thereunder shall be punishable with fine which may extend to five hundred rupees, and where the contravention is a continuing one, with a further fine which may extend to fifty rupees for every day, after the first, during which such contravention continues. 1. Subs. by Act 42 of 1971, s. 6 (during emergency and six months thereafter) (w.e.f.3-12-1971). “(3) Any rule made under sub-section (1) may provide that a contravention thereof or any order made or direction given thereunder shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both.”. 4 ----- CHAPTER III CIVIL DEFENCE CORPS **4. Constitution of Civil Defence Corps.—(1) The State Government may constitute, for any area** within the State, a body of persons to be called the Civil Defence Corps (hereinafter referred to as the “Corps”) and may appoint a person, not being, in its opinion, below the rank of a District Magistrate (to be known as the “Controller”) to command such Corps: Provided that if there is in existence in any area in a State, immediately before the commencement of this Act in that area, an organisation which, in the opinion of the State Government, may be entrusted with the functions of the Corps, the State Government may, instead of constituting a separate Corps for such area, call upon that organisation to take over or discharge the functions of the Corps in that area, and thereupon such organisation shall be deemed, for the purposes of this Act, to be the Corps for that area. (2) The State Government may, for the purpose of co-ordinating the activities of the Controllers within the State, appoint a Director of Civil Defence and every Controller shall comply with the directions given by such Director. **5. Appointment of members and officers.—(1) The State Government may appoint as members of** the Corps persons who are fit and willing to serve as such and the Controller may appoint any member so appointed to such office or command in the Corps, as such member is, in the opinion of the Controller, fit to hold. (2) Every person appointed to be a member of the Corps shall be given a certificate of membership in such form as may be prescribed. **6. Dismissal of members of Civil Defence Corps.—(1) Where any member of the Corps fails or has** failed, in the opinion of the Controller, to discharge his duties as such member satisfactorily or is or has been found guilty of any misconduct in the discharge of his duties as such member, the Controller may, after an inquiry in which such member of the Corps has been given a reasonable opportunity of being heard in respect of the charges against him, by an order, dismiss such member from the Corps. (2) Where the Controller is of opinion that the continued presence of any member of the Corps is undesirable, he may, without assigning any reason, summarily dismiss such member from the Corps. **7. Appeal.—A member of the Corps who is dismissed from the Corps under section 6 may prefer an** appeal to the State Government within thirty days from the date of such dismissal and that Government may, on such appeal, confirm, modify or reverse the order made by the Controller or other authority. **8. Functions of members of Civil Defence Corps.—(1) The members of the Corps shall perform** such functions in relation to the carrying out of measures for civil defence as may be assigned to them by rules made under this Act or by any other law for the time being in force. (2) The State Government or the Controller may, by order, call out a member of the Corps for training or for discharging such functions in relation to the carrying out of measures for civil defence as may be specified in such order. (3) Subject to such orders as the Central Government may make in this behalf, any member of the Corps of any State may at any time be required, by order, to discharge functions in relation to civil defence in any other State and shall while discharging such functions, be deemed to be a member of the Corps of that other State and be vested with the powers, functions and privileges and be subject to the liabilities of a member of the Corps in that other State. **9. Power to make regulations.—(1) The Central Government may, by notification, make regulations** for carrying out the purposes of this Chapter. (2) In particular, and without prejudice to the generality of the foregoing power such regulations may— (a) prescribe the functions of the members of the Corps and regulate the manner in which they may be called out for service; 5 ----- (b) regulate the organisation, appointment, conditions of service, discipline, accoutrement and clothing of members of any or all of the Corps; (c) prescribe the form of certificates of membership of any or all of the Corps. CHAPTER IV MISCELLANEOUS **10. Provisions of the Personal Injuries (Emergency Provisions) Act to apply to injuries** **sustained by the members of the Corps.—The provisions of the Personal Injuries (Emergency** Provisions) Act, 1962 (59 of 1962), and of every scheme made thereunder shall apply, so far as may be, to every personal service injury sustained by any person appointed to be a member of the Corps as they apply to personal service injury sustained by a civil defence volunteer, subject to the modifications that— (a) any reference to a civil defence volunteer under that Act or any scheme made thereunder shall be construed as reference to a member of the Corps; and (b) any reference therein to the period of emergency shall, in relation to a member of the Corps, be construed as the period during which this Act is in force. **11. Penalties.—(1) If any member of the Corps on being called out by an order under sub-section (2)** of section 8 neglects or refuses without sufficient excuse to obey such order or to discharge his functions as such member or to obey any lawful order or direction given to him for the performance of his functions, he shall be punishable with fine which may extend to five hundred rupees, and where such neglect or refusal is a continuing one, with a further fine which may extend to fifty rupees for every day, after the first, during which such contravention continues. 1(2) If any person neglects or fails without any reasonable excuse to obey any order made or direction given to him under this act or rules made thereunder, he shall be punishable with fine which may extend to five hundred rupees, and where such negligence or failure is a continuing one, with a further fine which may extend to fifty rupees for every day, after the first, during which such negligence or failure continues. **12. Effect of Act and rules, etc., inconsistent with other enactments.—(1) The provisions of this** Act or any rules thereunder or any order made under this Act or any such rule shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or in any instrument having effect by virtue of any enactment other than this Act. (2) Every appointment, order or rule made in relation to civil defence before the commencement of this Act by or under any law relating to civil defence shall, in so far as it is not inconsistent with the provisions of this Act, continue to be in force until it is rescinded or altered under this Act, and be deemed to have been made under the corresponding provisions of this Act. _Explanation.—“Commencement of this Act”, in relation to any provision or area, means the_ commencement of that provision or, as the case may be, the commencement of this Act in that area. **13. Ordinary avocations of life to be interfered with as little as possible.—Any authority or** person acting in pursuance of this Act shall interfere with the ordinary avocations of life and the enjoyment of property as little as may be consonant with the purpose of ensuring the public safety and civil defence. **14. Savings as to orders.—(1) No order made in exercise of any power conferred by or under this** Act shall be called in question in any court. (2) Where an order purports to have been made and signed by any authority in exercise of any power conferred by or under this Act, 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. **15. Act not to apply to measures taken for the protection of the Armed Forces.—Nothing** contained in this Act or any rule, regulation or order made thereunder shall apply to the Armed Forces of 1. Sub-section (2) omitted by Act 42 of 1971, s. 6 (during emergency and six months thereafter) and restored thereafter (w.e.f. 3-12-1971). 6 ----- the Union or to any measures taken by any of the authorities in control of the Armed Forces of the Union for the purpose of securing civil defence or safety of such forces or for the protection of any naval, military or air force installations or stores. **16. Limitation of prosecutions.—No prosecution for any offence punishable under this Act shall be** instituted against any person except by, or with the consent of, the Controller or any person authorised by the Controller in this behalf. 1[16A. Power of the Central Government to delegate.—The Central Government may, by order, direct that any power or duty, which by this Act or any rule made thereunder is conferred or imposed upon the Central Government shall, in such circumstances and under such conditions, if any, as may be specified in the direction, be exercised or discharged also by any officer or authority subordinate to the Central Government. **16B. Effect of order made by the Central Government, etc.—Any order made by the Central** Government or the officer or authority authorised by it under section 16A in relation to a matter to which this Act or any rule made thereunder relates shall have effect, notwithstanding anything contained in any order made by the State Government or any other authority with regard to such matter.] **17. Power to delegate.—The State Government may, by notification, direct that—** (a) all or any of the powers which may be exercised by it under this Act shall, in such circumstances and under such conditions, if any, as may be specified in that notification, be exercised also by such officer, not being, in the opinion of the State Government, inferior in rank to that of a District Magistrate, as may be specified in the said notification; (b) all or any of the powers which may be exercised by the Controller under this Act shall, in such circumstances and under such conditions, if any, as may be specified in that notification, be exercised also by such officer, not being, in the opinion of the State Government, inferior in rank to that of a Sub- Divisional Magistrate, as may be specified in the said notification. **18. Protection of action taken in good faith.—(1) No suit, prosecution or other legal proceeding** shall lie against the Government, the Director or the Controller or any person, authorised by the Government or the Controller, for anything which is in good faith done or intended to be done under this Act or any rules or orders made thereunder or any orders issued under any such rule. (2) No suit or other legal proceeding shall lie against the Government, the Director or the Controller or any person, authorised by the Government or the Controller, 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 made thereunder or any order issued under any such rule. **19. Authorised persons and members of the Corps to be public servants.—Any person authorised** by[1][the Central Government] the Controller or the State Government under this Act and every member of the Corps, while functioning as such, shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860). **20. 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 [2][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, as the case may be, 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 42 of 1971, s. 6 (during emergency and six months thereafter) (w.e.f. 3-12-1971). 2. Subs. by Act 20 of 1983, s. 2 and the Schedule, for certain words (w.e.f. 15-3-1984). 7 -----

24-May-1968

25

The Central Laws (Extension to Jammu and Kashmir) Act, 1968

https://www.indiacode.nic.in/bitstream/123456789/1555/1/A1968-25.pdf

central

# THE CENTRAL LAWS (EXTENSION TO JAMMU AND KASHMIR) ACT, 1968 _________ 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. Powers to remove difficulties. THE SCHEDULE. 1 ----- # THE CENTRAL LAWS (EXTENSION TO JAMMU AND KASHMIR) ACT, 1968 ACT NO. 25 OF 1968 [24th May, 1968.] # An Act to provide for the extension of certain Central Laws to the State of Jammu and Kashmir. BE it enacted by Parliament in the Nineteenth Year of the Republic of India as follows:— **1. Short title and commencement.—(1) This Act may be called the Central Laws (Extension to** Jammu and Kashmir) Act, 1968. (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 mentioned in the Schedule and all** rules, orders and regulations made thereunder are hereby extended to, and shall be in force in the State of Jammu and Kashmir*. (2) With effect from the commencement of this Act, the Acts 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 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 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 thereunder, (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 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. 1. 15th August, 1968, _vide_ notification No. G.S.R. 1482, dated 2nd July, 1968, _see Gazette of India, Extraordinary, Part II,_ sec. 3(i). *. 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. Powers to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of** any Act 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 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 other 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 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 OFFICIAL TRUSTEES ACT, 1913 (2 OF 1913) _Section 1.—In sub-section (2), omit “except the State of Jammu and Kashmir*”._ THE MOTOR VEHICLES ACT, 1939 (4 OF 1939) _Section 1.—In sub-section (2), omit “except the State of Jammu and Kashmir*”._ _Section 2.—Omit clause (9A)._ _Section 9.—Omit sub-sections (2) and (4)._ _Section 28.—Omit sub-sections (2), (3), (4) and (5)._ _Section 29.—In sub-section (1),—_ (a) in clause (a) omit “or”; (b) Omit clause (b). _Section 38.—For sub-section (4), substitute—_ “(4) A certificate of fitness issued under this Act shall, while it remains effective, be valid throughout India.”. _Section 42.—In sub-section (3), omit clause (h)._ _Section 63.—Omit In sub-section (5)._ _Section 96.—(a) In sub-section (2A), omit “in the State of Jammu and Kashmir* or” and in the proviso,_ omit “of the State of Jammu and Kashmir* or”; (b) In sub-section (6), omit “of the State of Jammu and Kashmir* or”. _The Sixth Schedule.—In the first and second columns, after “West Bengal” and the entry relating_ thereto in the second column, insert “Jammu and Kashmir” and “J & K” respectively. THE CHARTERED ACCOUNTANTS ACT, 1949 (38 OF 1949) _Section 1.—In sub-section (2), omit “except the State of Jammu and Kashmir*”._ THE TRANSFER OF PRISONERS ACT, 1950 (29 OF 1950) _Section 1.—In sub-section (2), omit “except the State of Jammu and Kashmir*”._ THE ROAD TRANSPORT CORPORATIONS ACT, 1950 (64 OF 1950) _Section 1.—In sub-section (2), omit “the State of Jammu and Kashmir* and”._ THE MINES ACT, 1952 (35 OF 1952) _Section 1.—In sub-section (2), omit “except the State of Jammu and Kashmir*”._ THE NOTARIES ACT, 1952 (53 OF 1952) _Section 1.—In sub-section (2), omit “except the State of Jammu and Kashmir*”._ _Section 2.—(a) Omit clause (a);_ (b) In the proviso to clause (d)— (i) for “either under”, substitute “under”; *. 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 ----- (ii) omit “or by the Master of Faculties in England”; (iii) for “any part of India”, substitute— “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;”. _Section 9.—In sub-section (2), insert—_ “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.”. THE ESSENTIAL COMMODITIES ACT, 1955 (10 OF 1955) _Section 1.—In sub-section (2), omit “except the State of Jammu and Kashmir*”._ THE COMPANIES ACT, 1956 (1 OF 1956) _Section 1.—In sub-section (3),—_ (a) omit first proviso; (b) in the second proviso, omit “further”. _Section 3.—In sub-clause (f) (2) of clause (ii) of sub-section (1), insert at the end “in so far as_ banking, insurance and financial corporations are concerned, and before the commencement of the Central Laws (Extension to Jammu and Kashmir) Act, 1968 in so far as other corporations are concerned”. After section 620B, insert— _“Special provision as to companies in Jammu and Kashmir.”_ **620C. Special provision as to companies in Jammu and Kashmir.—The Central Government may** by notification in the Official Gazette, direct that with effect from the commencement of the Central Laws (Extension to Jammu and Kashmir) Act, 1968 or any subsequent date, any of the provisions of this Act specified in the notification shall not apply, or shall apply only with such exceptions and modifications or adaptations as may be specified in the notification, to— (a) any existing company in the State of Jammu and Kashmir*; (b) any company registered in that State under this Act after the commencement of the Central Laws (Extension to Jammu and Kashmir) Act, 1968.”. THE COST AND WORKS ACCOUNTANTS ACT, 1959 (23 OF 1959) _Section 1.—In sub-section (2), omit “except the State of Jammu and Kashmir*”._ THE APPRENTICES ACT, 1961 (52 OF 1961) _Section 1.—In sub-section (2), omit “except the State of Jammu and Kashmir*”._ THE ADMINISTRATORS-GENERAL ACT, 1963 (45 OF 1963) _Section 1.—In sub-section (2), omit “except the State of Jammu and Kashmir*”._ _Section 20.—(a) In sub-section (1), for “the territories to which this Act extends” 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. 5 ----- (b) after sub-section (2), insert— “(3) Any probate or letters of administration granted by the High Court for the State of Jammu and Kashmir* before the commencement of the Central Laws (Extension to Jammu and Kashmir) Act, 1968 shall, after such commencement, be as effective as if such probate or letters of administration has been granted under this section.”. Omit section 21. _Section 37.—(a) In clause (a), for “to which this Act extends”, substitute “in India”;_ (b) Omit “or in the State of Jammu and Kashmir*”. _Section 56.—For “the territories to which this Act extends” and for “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. 6 -----

20-Aug-1968

34

The Enemy Property Act, 1968

https://www.indiacode.nic.in/bitstream/123456789/1582/1/196834.pdf

central

# THE ENEMY PROPERTY ACT, 1968 _________ ARRANGEMENT OF SECTIONS _________ SECTIONS 1. Short title, extent, application and commencement. 2. Definitions. 3. Appointment of Custodian of Enemy Property for India and Deputy Custodian, etc. 4. Appointment of Inspectors of Enemy Property. 5. Property vested in the Custodian of Enemy Property for India under the Defence of India Rules, 1962 and the Defence of India Rules, 1971 to continue to vest in Custodian. 6. Transfer of property vested in Custodian by enemy on enemy subject or enemy firm. 7. Payment to Custodian of money otherwise payable to an enemy, enemy subject or enemy firm. 8. Power of Custodian in respect of enemy property vested in him. 8A. Sale of Property by Custodian. 9. Exemption from attachment, etc. 10. Transfer of securities belonging to an enemy. 10A. Power to issue certificate of sale. 11. Powers of Custodian to summon persons and call for documents. 12. Protection for complying with orders of Custodian. 13. Validity of action taken in pursuance of orders of Custodian. 14. Proceedings against companies whose assets vest in Custodian. 15. Returns as to enemy property. 16. Registers of returns. 17. Levy of fees. 18. Transfer of property vested as enemy property in certain cases. 18A. Income not liable to be returned. 18B. Exclusion of jurisdiction of civil courts. 18C. Appeal to High Court. 19. Protection of action taken under the Act. 20. Penalty. 21. Offences by companies. 22. Effect of laws inconsistent with the Act. 22A. Validation. 23. Power to make rules. 24. Certain orders made under the Defence of India Rules, 1962 and the Defence of India Rules, 1971 to continue in force. 25. Repeal and saving. 1 ----- # THE ENEMY PROPERTY ACT, 1968 ACT NO. 34 OF 1968 [20th August, 1968.] # An Act to provide for the continued vesting of enemy property vested in the Custodian of Enemy Property for India under the Defence of India Rules, 1962 [1][and the Defence of India Rules, 1971], and for matters connected therewith. BE it enacted by Parliament in the Nineteenth Year of the Republic of India as follows:— **1. Short title, extent, application and commencement.—(1) This Act may be called the Enemy** Property Act, 1968. (2) It extends to the whole of India [2]*** and it applies also to all citizens of India outside India and to branches and agencies outside India of companies or bodies corporate registered or incorporated in India. (3) It shall be deemed to have come into force on the 10th day of July, 1968. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “Custodian” means the Custodian of Enemy Property for India appointed or deemed to have been appointed under section 3 and includes a Deputy Custodian and an Assistant Custodian of Enemy Property appointed or deemed to have been appointed under that section; (b) “enemy” or “enemy subject” or “enemy firm” means a person or country who or which was an enemy, [3][an enemy subject including his legal heir and successor whether or not a citizen of India or the citizen of a country which is not an enemy or the enemy, enemy subject or his legal heir and successor who has changed his nationality] or [4][an enemy firm, including its succeeding firm whether or not partners or members of such succeeding firm are citizen of India or the citizen of a country which is not an enemy or such firm which has changed its nationality], as the case may be, under the Defence of India Act, 1962 (51 of 1962), and the Defence of India Rules, 1962 5[or the Defence of India Act, 1971 (42 of 1971) and the Defence of India Rules, 1971], but 6[does not include a citizen of India other than those citizens of India, being the legal heir and successor of the "enemy" or "enemy subject" or "enemy firm”]. 7[Explanation 1.—For the purposes of this clause, the expression "does not include a citizen of India" shall exclude and shall always be deemed to have been excluded those citizens of India, who are or have been the legal heir and successor of an "enemy" or an "enemy subject" or an "enemy firm" which or who has ceased to be an enemy due to death, extinction, winding up of business or change of nationality or that the legal heir and successor is a citizen of India or the citizen of a country which is not an enemy. _Explanation 2.—For the purposes of this clause, it is hereby clarified that nothing contained_ in this Act shall affect any right of the legal heir and successor referred to in this clause (not being inconsistent to the provisions of this Act) which have been conferred upon him under any other law for the time being in force;] (c) “enemy property” means any property for the time being belonging to or held or managed on behalf of an enemy, an enemy subject or an enemy firm: 1. Ins. by Act 40 of 1977, s. 2 (w.e.f. 27-9-1977). 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 3 of 2017, s. 2 “for enemy subject” (w.e.f. 10-7-1968). 4. Subs. by s. 2, ibid., for certain words (w.e.f. 10-7-1968). 5. Ins. by Act 40 of 1977, s. 3 (w.e.f. 27-9-1977). 6. Subs. by Act 3 of 2017, s. 2, for certain words (w.e.f. 10-7-1968). 7. Ins. by s. 2, for ibid. (w.e.f. 10-7-1968). 2 ----- Provided that where an individual enemy subject dies in the territories to which this Act extends, [6][or dies in any territory outside India], any property which immediately before his death, belonged to or was held by him or was managed on his behalf, may, notwithstanding his death, continue to be regarded as enemy property for the purposes of this Act; 1[Explanation 1.—For the purposes of this clause, it is hereby clarified that "enemy property" shall, notwithstanding that the enemy or the enemy subject or the enemy firm has ceased to be an enemy due to death, extinction, winding up of business or change of nationality or that the legal heir and successor is a citizen of India or the citizen of a country which is not an enemy, continue and always be deemed to be continued as an enemy property. _Explanation 2.—For the purposes of this clause, the expression "enemy property" shall mean_ and include and shall be deemed to have always meant and included all rights, titles and interest in, or any benefit arising out of, such property;] (d) “prescribed” means prescribed by rules made under this Act. **3. Appointment of Custodian of Enemy Property for India and Deputy Custodian, etc.—The** Central Government may, by notification in the Official Gazette, appoint a Custodian of Enemy Property for India and one or more Deputy Custodians and Assistant Custodians or Enemy Property for such local areas as may be specified in the notification: Provided that the Custodian of Enemy Property for India and any Deputy Custodian or Assistant Custodian of Enemy Property appointed under the Defence of India Rules, 1962 [2][or the Defence of India Rules, 1971, as the case may be], shall be deemed to have been appointed under this section. **4. Appointment of Inspectors of Enemy Property.—The Central Government may, either** generally or for any particular area, by notification in the Official Gazette, appoint one or more Inspectors of Enemy Property for securing compliance with the provisions of this Act and may, by general or special order, provide for the distribution and allocation of the work to be performed by them for securing such compliance: Provided that every Inspector of Enemy Firms appointed under the Defence of India Rules, 1962 3[or the Defence of India Rules, 1971, as the case may be], shall be deemed to be an Inspector of Enemy Property appointed under this section. **5. Property vested in the Custodian of Enemy Property for India under the Defence of India** **Rules, 1962, and the Defence of India Rules, 1971 to continue to vest in Custodian.—[4][(1)]** Notwithstanding the expiration of the Defence of India Act, 1962 (51 of 1962), and the Defence of India Rules, 1962, all enemy property vested before such expiration in the Custodian of Enemy Property for India appointed under the said Rules and continuing to vest in him immediately before the commencement of this Act, shall, as from such commencement, vest in the Custodian. 5[(2) Notwithstanding the expiration of the Defence of India Act, 1971 (42 of 1971) and the Defence of India Rules, 1971, all enemy property vested before such expiration in the Custodian of Enemy Property for India appointed under the said Rules and continuing to vest in him immediately before the commencement of the Enemy Property, (Amendment) Act, 1977 (40 of 1977) shall, as from such commencement, vest in the Custodian.] 6[(3) The enemy property vested in the Custodian shall, notwithstanding that the enemy or the enemy subject or the enemy firm has ceased to be an enemy due to death, extinction, winding up of business or change of nationality or that the legal heir and successor is a citizen of India or the citizen of a country which is not an enemy, continue to remain, save as otherwise provided in this Act, vested in the Custodian. 1. Ins. by Act 3 of 2017, s. 2 (w.e.f. 10-7-1968). 2. Ins. by Act 40 of 1977, s. 4 (w.e.f. 27-9-1977). 3. Ins. by s. 5, ibid (w.e.f. 27-9-1977). 4. Section 5 renumbered as sub-section (1) thereof by s. 6, ibid. (w.e.f. 27-9-1977). 5. Ins. by s. 6, for ibid. (w.e.f. 27-9-1977). 6. Ins. by Act 3 of 2017, s. 3 (w.e.f. 10-7-1968). 3 ----- _Explanation.—For the purposes of this sub-section, "enemy property vested in the Custodian"_ shall include and shall always be deemed to have been included all rights, titles, and interest in, or any benefit arising out of, such property vested in him under this Act.] 1[5A. Issue of certificate by Custodian. —The Custodian may, after making such inquiry as he deems necessary, by order, declare that the property of the enemy or the enemy subject or the enemy firm described in the order, vests in him under this Act and issue a certificate to this effect and such certificate shall be the evidence of the facts stated therein.] 2[5B. Law of succession or any custom or usage not to apply to enemy property.—Nothing contained in any law for the time being in force relating to succession or any custom or usage governing succession of property shall apply in relation to the enemy property under this Act and no person (including his legal heir and successor) shall have any right and shall be deemed not to have any right (including all rights, titles and interests or any benefit arising out of such property) in relation to such enemy property. _Explanation.—For the purposes of this section, 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 in the matters of succession of property.] 3[6. Prohibition to transfer any property vested in Custodian by an enemy, enemy subject or **enemy firm.—(1) No enemy or enemy subject or enemy firm shall have any right and shall never be** deemed to have any right to transfer any property vested in the Custodian under this Act, whether before or after the commencement of this Act and any transfer of such property shall be void and shall always be deemed to have been void. (2) Where any property vested in the Custodian under this Act had been transferred, before the commencement of the Enemy Property (Amendment and Validation) Act, 2017, by an enemy or enemy subject or enemy firm and such transfer has been declared, by an order, made by the Central Government, to be void, and the property had been vested or deemed to have been vested in the Custodian [by virtue of the said order made under section 6, as it stood before its substitution by section 6 of the Enemy Property (Amendment and Validation) Act, 2017] such property shall, notwithstanding anything contained in any judgment, decree or order of any court, tribunal or other authority, continue to vest or be deemed to have been vested in the Custodian and no person (including an enemy or enemy subject or enemy firm) shall have any right or deemed to have any right (including all rights, titles and interests or any benefit arising out of such property) over the said property vested or deemed to have been vested in the Custodian.] **7. Payment to Custodian of money otherwise payable to an enemy, enemy subject or enemy** **firm.—(1) Any sum payable by way of dividend, interest, share profits or otherwise to or for the** benefit of an enemy or an enemy subject or an enemy firm shall, unless otherwise ordered by the Central Government, be paid by the person by whom such sum would have been payable but for the prohibition under the Defence of India Rules, 1962 [4][or the Defence of India Rules, 1971, as the case may be], to the Custodian or such person as may be authorised by him in this behalf and shall be held by the Custodian or such person subject to the provisions of this Act. (2) In cases in which money would, but for the prohibition under the Defence of India Rules, 1962 [4][or the Defence of India Rules, 1971, as the case may be], be payable in a foreign currency to or for the benefit of an enemy or an enemy subject or an enemy firm (other than cases in which money is payable under a contract in which provision is made for specified rate of exchange), the payment shall be made to the Custodian in rupee currency at the middle official rate of exchange fixed by the Reserve Bank of India on the date on which the payment became due to that enemy, enemy subject or enemy firm. (3) The Custodian shall, subject to the provisions of section 8, deal with any money paid to him under the Defence of India Rules, 1962 [4][or the Defence of India Rules, 1971, as the case may be] or 1. Ins. by Act 3 of 2017, s. 4 (w.e.f. 7-1-2016). 2. Ins. by s. 5, ibid. (w.e.f. 10-7-1968). 3. Subs. by s. 6, ibid., for section 6 (w.e.f. 10-7-1968). 4. Ins. by Act 40 of 1977, s. 7 (w.e.f. 27-9-1977). 4 ----- under this Act and any property vested in him under this Act in such manner as the Central Government may direct. **8. Power of Custodian in respect of enemy property vested in him.—** [1][(1) With respect to the property vested in the Custodian under this Act, the Custodian may take or authorise the taking of such measures as he considers necessary or expedient for preserving such property till it is disposed of in accordance with the provisions of this Act.] (2) Without prejudice to the generality of the foregoing provision, the Custodian or such person as may be specifically authorised by him in this behalf, may, for the said purpose,— (i) carry on the business of the enemy; 2[(ia) fix and collect the rent, standard rent, lease rent, licence fee or usage charges, as the case may be, in respect of enemy property;] (ii) take action for recovering any money due to the enemy; (iii) make any contract and execute any document in the name and on behalf of the enemy; (iv) institute, defend or continue any suit or other legal proceeding, refer any dispute to arbitration and compromise any debts, claims or liabilities; 2[(iva) secure vacant possession of the enemy property by evicting the unauthorised or illegal occupant or trespasser and remove unauthorised or illegal constructions, if any]. (v) raise on the security of the property such loans as may be necessary; (vi) incur out of the property any expenditure including the payment of any taxes, duties, cesses and rates to Government or to any local authority and of any wages, salaries, pensions, provident fund contributions to, or in respect of, any employee of the enemy and the repayment of any debts due by the enemy to persons other than enemies; (vii) transfer by way of sale, mortgage or lease or otherwise dispose of any of the properties; (viii) invest any moneys held by him on behalf of enemies for the purchase of Treasury Bills or such other Government securities as may be approved by the Central Government for the purpose; (ix) make payments to the enemy and his dependents; (x) make payments on behalf of the enemy to persons other than those who are enemies, of dues outstanding on the 25th October, 1962 [3][or on the 3rd December, 1971]; and (xi) make such other payments out of the funds of the enemy as may be directed by the Central Government. _Explanation.—In this sub-section and in sections 10 and 17, “enemy” includes an enemy_ subject and an enemy firm. 4[8A. Sale of property by Custodian.—(1) Notwithstanding anything contained in any judgment, decree or order of any court, tribunal or other authority or any law for the time being in force, the Custodian may, within such time as may be specified by the Central Government in this behalf, dispose of whether by sale or otherwise, as the case may be, with prior approval of the Central Government, by general or special order, enemy properties vested in him immediately before the date of commencement of the Enemy Property (Amendment and Validation) Act, 2017 in accordance with the provisions of this Act, as amended by the Enemy Property (Amendment and Validation) Act, 2017. (2) The Custodian may, for the purpose of disposal of enemy property under sub-section (1), make requisition of the services of any police officer to assist him and it shall be the duty of such officer to comply with such requisition. 1. Subs. by Act 3 of 2017, s. 7, for sub-section (1) (w.e.f. 10-7-1968). 2. Ins. by s. 7, ibid. (w.e.f. 10-7-1968). 3. Ins. by Act 40 of 1977, s. 8 (w.e.f. 29-7-1977). 4. Ins. by Act 3 of 2017, s. 8 (w.e.f. 7-1-2016). 5 ----- (3) The Custodian shall, on disposal of enemy property under sub-section (1) immediately deposit the sale proceeds into the Consolidated Fund of India and intimate details thereof to the Central Government. (4) The Custodian shall send a report to the Central Government at such intervals, as it may specify, for the enemy properties disposed of under sub-section (1), containing such details, (including the price for which such property has been sold and the particulars of the buyer to whom the properties have been sold or disposed of and the details of the proceeds of sale or disposal deposited into the Consolidated Fund of India) as it may specify. (5) The Central Government may, by general or special order, issue such directions to the Custodian on the matters relating to disposal of enemy property under sub-section (1) and such directions shall be binding upon the Custodian and the buyer of the enemy properties referred to in that sub-section and other persons connected to such sale or disposal. (6) The Central Government may, by general or special order, make such guidelines for disposal of enemy property under sub-section (1). (7) Notwithstanding anything contained in this section, the Central Government may direct that disposal of enemy property under sub-section (1) shall be made by any other authority or Ministry or Department instead of Custodian and in that case all the provisions of this section shall apply to such authority or Ministry or Department in respect of disposal of enemy property under sub-section (1). (8) Notwithstanding anything contained in sub-sections (1) to (7), the Central Government may deal with or utilise the enemy property in such manner as it may deem fit.] **9. Exemption from attachment, etc.—All enemy property vested in the Custodian under this** Act shall be exempt from attachment, seizure or sale in execution of decree of a civil court or orders of any other authority. **10. Transfer of securities belonging to an enemy.—(1) Where, in exercise of the powers** conferred by section 8, the Custodian proposes to sell any security issued by a company and belonging to an enemy, the company may, with the consent of the Custodian, purchase the securities, notwithstanding anything to the contrary in any law or in any regulations of the company and any securities so purchased may be re-issued by the company as and when it thinks fit so to do. (2) Where the Custodian executes and transfers any securities issued by a company, the company shall, on receipt of the transfer and an order in this behalf from the Custodian, register the securities in the name of the transferee, notwithstanding that the regulations of the company do not permit such registration in the absence of the certificate, script or other evidence of title relating to the securities transferred: Provided that any such registration shall be without prejudice to any lien or charge in favour of the company and to any other lien or charge of which the Custodian gives express notice to the company. _Explanation.—In this section, “securities” includes shares, stocks, bonds, debentures and_ debenture stock but does not include bills of exchange. 1[10A. Power to issue certificate of sale.—(1) Where the Custodian proposes to sell any enemy immovable property vested in him, to any person, he may on receipt of the sale proceeds of such property, issue a certificate of sale in favour of such person and such certificate of sale shall, notwithstanding the fact that the original title deeds of the property have not been handed over to the transferee, be valid and conclusive proof of ownership of such property by such person. (2) Notwithstanding anything contained in any law for the time being in force, the certificate of sale, referred to in sub-section (1), issued by the Custodian shall be a valid instrument for the registration of the property in favour of the transferee and the registration in respect of enemy property for which such certificate of sale had been issued by the Custodian, shall not be refused on the ground of lack of original title deeds in respect of such property or for any such other reason.]. 1. Ins. by Act 3 of 2017, s. 9 (w.e.f. 7-1-2016). 6 ----- **11. Power of Custodian to summon persons and call for documents.—(1) The Custodian may,** by notice in writing, require any person whom he believes to be capable of giving information concerning any enemy property to attend before him at such time and place as may be specified in the notice and examine any such person concerning the same, reduce his statement to writing and require him to sign it. (2) The Custodian may, by notice in writing, require any person whom he believes to have in his possession or control any account book, letter book, invoice, receipt or other document of whatever nature relating to any enemy property, to produce the same or cause the same to be produced before the Custodian at such time and place as may be specified in the notice and to submit the same to his examination and to allow copies of any entry therein or any part thereof to be taken by him. 1[(3) The Custodian, Deputy Custodian or Assistant Custodian shall have, for the purposes of exercising powers or discharging his functions under this Act, the same powers as are vested in a civil court under the Code of Civil Procedure,1908 (5 of 1908), while dealing with any case under this Act, in respect of the following matters, namely:— (a) requiring the discovery and inspection of documents; (b) enforcing the attendance of any person, including any officer dealing with land, revenue and registration matters, banking officer or officer of a company and examining him on oath; (c) compelling the production of books, documents and other records; and (d) issuing commissions for the examination of witnesses or documents.] **12. Protection for complying with orders of Custodian.—Where any order with respect to any** money or property is addressed to any person by the Custodian and accompanied by a certificate of the Custodian that the money or property is money property vested in him under this Act, the certificate shall be evidence of the facts stated therein and if that person complies with the orders of the Custodian, he shall not be liable to any suit or other legal proceeding by reason only of such compliance. **13. Validity of action taken in pursuance of orders of Custodian.—Where under this Act,—** (a) any money is paid to the Custodian; or (b) any property is vested in the Custodian or an order is given to any person by the Custodian in relation to any property which appears to the Custodian to be enemy property vested in him under this Act, neither the payment, vesting nor order of the Custodian nor any proceedings in consequence thereof shall be invalidated or affected by reason only that at a material time,— (i) some person who was or might have been interested in the money or property, and who was an enemy or an enemy firm, had died or had ceased to be an enemy or an enemy firm; or (ii) some person who was so interested and who was believed by the Custodian to be an enemy or an enemy firm, was not an enemy or an enemy firm. **14. Proceedings against companies whose assets vest in Custodian.—Where the enemy** property vested in the Custodian under this Act consists of assets of a company, no proceeding, civil or criminal, shall be instituted under the Companies Act, 1956 (1 of 1956), against the company, or any director, manager or other officer thereof except with the consent in writing of the Custodian. **15. Returns as to enemy property.—(1) The Custodian may call for from persons who, in his** opinion, have any interest in, or control over, any enemy property vested in him under this Act, such returns as may be prescribed. 1. Ins. by Act 3 of 2017, s. 10 (w.e.f. 7-1-2016). 7 ----- (2) Every person from whom a return is called for under sub-section (1) shall be bound to submit such return within the prescribed period. **16. Registers of returns.—(1) All returns relating to enemy property submitted to the Custodian** under this Act shall be recorded in such registers as may be prescribed. (2) All such registers shall be open to inspection subject to the payment of such fees as may be prescribed and to such reasonable restrictions as the Custodian may impose, to any person who, in the opinion of the Custodian, is interested in any particular enemy property as a creditor or otherwise and any such person may also obtain a copy of the relevant portion from the registers on payment of the prescribed fees. **17. Levy of fees.—(1) There shall be levied by the Custodian fees equal to** [1][five per centum] of— (a) the amount of moneys paid to him; (b) the proceeds of the sale or transfer of any property which has been vested in him under this Act; and (c) the value of the residual property, if any, at the time of its transfer to the original owner or other person specified by the Central Government under section 18: Provided that in the case of an enemy whose property is allowed by the Custodian to be managed by some person specially authorised in that behalf, there shall be levied a fee of [1][five per centum] of the gross income of the enemy or such less fee as may be specifically fixed by the Central Government after taking into consideration the cost of direct management incurred by that Government, the cost of superior supervision and any risks that may be incurred by that Government in respect of the management: Provided further that the Central Government may, for reasons to be recorded in writing, reduce or remit the fees leviable under this sub-section in any special case or class of cases. _Explanation.—In this sub-section “gross income of the enemy” means income derived out of the_ properties of the enemy vested in the Custodian under this Act. (2) The value of any property for the purpose of assessing the fees shall be the price which, in the opinion of the Central Government or of an authority empowered in this behalf by the Central Government, such property would fetch if sold in the open market. (3) The fees in respect of property may be levied out of any proceeds of the sale or transfer thereof or out of any income accrued therefrom or out of any other property belonging to the same enemy and vested in the Custodian under this Act. (4) The fees levied under this section shall be credited to the Central Government. 2[18. Transfer of property vested as enemy property in certain cases.—The Central Government may, on receipt of a representation from a person, aggrieved by an order vesting a property as enemy property in the Custodian within a period of thirty days from the date of receipt of such order or from the date of its publication in the Official Gazette, whichever is earlier and after giving a reasonable opportunity of being heard, if it is of the opinion that any enemy property vested in the Custodian under this Act and remaining with him was not an enemy property, it may by general or special order, direct the Custodian that such property vested as enemy property in the Custodian may be transferred to the person from whom such property was acquired and vested in the Custodian.] 3[18A. Income not liable to be returned.—Any income received in respect of the enemy property by the Custodian shall not, notwithstanding that such property had been transferred by way of sale under section 8A or section 18, as the case may be, to any other person, be returned or liable to be returned to such person or any other person.] 1. Subs. by Act 3 of 2017, s. 11, for “two per centum” (w.e.f. 7-1-2016). 2. Subs. by s.12, ibid., for section 18 (w.e.f. 7-1-2016). 3. Ins. by s. 13, ibid. (w.e.f. 10-7-1968). 8 ----- 1[18B. Exclusion of jurisdiction of civil courts.—Save as otherwise provided in this Act, no civil court or authority shall have jurisdiction to entertain any suit or proceedings in respect of any property, subject matter of this Act, as amended by the Enemy Property (Amendment and Validation) Act, 2017, or any action taken by the Central Government or the Custodian in this regard. **18C. Appeal to High Court.—Any person aggrieved by an order of the Central Government** under section 18 of this Act, may, within a period of sixty days from the date of communication or receipt of the order, file an appeal to the High Court on any question of fact or law arising out of such orders, and upon such appeal the High Court may, after hearing the parties, pass such orders thereon as it thinks proper: Provided that the High Court may, if it is satisfied that the appellant was prevented by sufficient cause from filing an appeal within the said period, allow it to be filed within a further period not exceeding sixty days. _Explanation.—In this section, “High Court” means the High Court of a State or Union territory in_ which the property referred to in section 18 is situated.] **19. Protection of action taken under the Act.—No suit, prosecution or other legal proceeding** shall lie against the Central Government or the Custodian or an Inspector of Enemy Property for anything which is in good faith done or intended to be done under this Act. **20. Penalty.—(1) If any person makes any payment in contravention of the provisions of** sub-section (1) of section 7, he shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both and the payment or dealing shall be void. (2) If any person contravenes the provisions of sub-section (2) of section 10, he shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both. (3) If any person fails to comply with a requisition made by the Custodian under sub-section (1) or sub-section (2) of section 11, he shall be punishable with fine which may extend to [2][ten thousand rupees]. (4) If any person fails to submit the return under sub-section (2) of section 15, or furnishes such return containing any particular which is false and which he knows to be false or does not believe to be true, he shall be punishable with fine which may extend to [2][ten thousand rupees]. **21. Offences by companies.—(1) Where an offence under this Act has been committed by a** company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due deligence 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 purposes of this section,—_ (a) “company” means anybody 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. Ins. by Act 3 of 2017, s.14 (w.e.f. 7-1-2016). 2. Subs. by s. 15, ibid., for “five hundred rupees” (w.e.f. 7-1-2016). 9 ----- **22. Effect of laws inconsistent with the Act.—The provisions of this Act shall have effect** notwithstanding anything inconsistent therewith contained in any other law for the time being in force, [1][(including any law of succession or any custom or usage in relation to succession of property)]. 2[22A. Validation.—Notwithstanding anything contained in any judgment, decree or order of any court, tribunal or other authority,— (a) the provisions of this Act, as amended by the Enemy Property (Amendment and Validation) Act, 2017, shall have and shall always be deemed to have effect for all purposes as if the provisions of this Act, as amended by the said Act, had been in force at all material times; (b) any enemy property divested from the Custodian to any person under the provisions of this Act, as it stood immediately before the commencement of the Enemy Property (Amendment and Validation) Act, 2017, shall stand transferred to and vest or continue to vest, free from all encumbrances, in the Custodian in the same manner as it was vested in the Custodian before such divesting of enemy property under the provisions of this Act, as if the provisions of this Act, as amended by the aforesaid Act, were in force at all material times; (c) no suit or other proceedings shall, without prejudice to the generality of the foregoing provisions, be maintained or continued in any court or tribunal or authority for the enforcement of any decree or order or direction given by such court or tribunal or authority directing divestment of enemy property from the Custodian vested in him under section 5 of this Act, as it stood before the commencement of the Enemy Property (Amendment and Validation) Act, 2017, and such enemy property shall continue to vest in the Custodian under section 5 of this Act, as amended by the aforesaid Act, as the said section, as amended by the aforesaid Act was in force at all material times; (d) any transfer of any enemy property, vested in the Custodian, by virtue of any order of attachment, seizure or sale in execution of decree of a civil court or orders of any tribunal or other authority in respect of enemy property vested in the Custodian which is contrary to the provisions of this Act, as amended by the Enemy Property (Amendment and Validation) Act, 2017, shall be deemed to be null and void and notwithstanding such transfer, continue to vest in the Custodian under this Act.] **23. Power to make rules.—(1) The Central Government may make rules for carrying out the** purposes of this Act. (2) Without prejudice to the generality of the foregoing power, such rules may provide for— (a) the returns that may be called for by the Custodian under sub-section (1) of section 15 and the period within which such returns shall be submitted under sub-section (2) of that section; (b) the registers in which the returns relating to enemy property shall be recorded under section 16; (c) the fees for the inspection of registers and for obtaining copies of the relevant portions from the registers under sub-section (2) of section 16; 3* - * - (e) any other matter which has to be or may be prescribed. (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 [4][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 1. Ins. by Act 3 of 2017, s. 16 (w.e.f. 10-7-1968). 2. Ins. by s. 17, ibid. (w.e.f. 2-7-2010). 3. Clause (d) omitted by s.18, ibid. (w.e.f. 7-1-2016). 4. Subs. by Act 40 of 1977, s. 9, for certain words (w.e.f. 27-9-1977). 10 ----- may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. **24. Certain orders made under the Defence of India Rules, 1962 and the Defence of India** **Rules, 1971 to continue in force.—[1][(1)] Every order which was made under the Defence of India** Rules, 1962, by the Central Government or by the Custodian of Enemy Property for India appointed under those Rules, relating to enemy property and which was in force immediately before the expiration thereof shall, in so far as such order is not inconsistent with the provisions of this Act, be deemed to continue in force and to have been made under this Act. 2[(2) Every order which was made under the Defence of India Rules, 1971 by the Central Government or by the Custodian of Enemy Property for India appointed under those Rules relating to enemy property and which was in force immediately before the expiration thereof shall, in so far as such order is not inconsistent with the provisions of this Act, be deemed to continue in force and to have been made under this Act.] **25. Repeal and saving.—(1) The Enemy Property Ordinance, 1968 (7 of 1968), is hereby** repealed. (2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act. 1. Section 24 renumbered as sub-section (1) thereof by Act 40 of 1977, s. 10 (w.e.f. 27-9-1977). 2. Ins. by s. 10, ibid. (w.e.f. 27-9-1977). 11 -----

22-Aug-1968

36

The Andhra Pradesh and Mysore (Transfer of Territory) Act, 1968

https://www.indiacode.nic.in/bitstream/123456789/1603/2/A1968-36.pdf

central

# THE ANDHRA PRADESH AND MYSORE (TRANSFER OF TERRITORY) ACT, 1968 ___________ ARRANGEMENT OF SECTIONS __________ SECTIONS 1. Short title. 2. Definitions. 3. Transfer of territory from Mysore to Andhra Pradesh. 4. Amendment of First Schedule to the Constitution. 5. Extent of parliamentary and assembly Constituencies. 6. Provision as to sitting members of Parliament and Legislative Assemblies. 7. Extent of Council Constituencies. 8. Sitting Members of Legislative Councils. 9. Extension of jurisdiction of Andhra Pradesh High Court. 10. Appropriation of moneys for expenditure in transferred territory under existing Appropriation Acts. 11. Assets and liabilities. 12. State Financial Corporations and State Electricity Boards. 13. Extension of laws. 14. Power to construe laws. 15. Legal proceedings. 16. Transfer of pending proceedings. 17. Effect of provisions inconsistent with other laws. 18. Power to remove difficulties. 19. Power to make rules. THE SCHEDULE. 1 ----- # THE ANDHRA PRADESH AND MYSORE (TRANSFER OF TERRITORY) ACT, 1968 ACT NO. 36 OF 1968 [22nd August, 1968.] # An Act to provide for the transfer of certain territory from the State of Mysore to the State of Andhra Pradesh and for matters connected therewith. BE it enacted by Parliament in the Nineteenth Year of the Republic of India as follows:— **1. Short title.—This Act may be called the Andhra Pradesh and Mysore (Transfer of Territory)** Act, 1968. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “appointed day” means the 1st day of October, 1968; (b) “assembly constituency”, “council constituency” and “parliamentary constituency” have the same meanings as in the Representation of the People Act, 1950 (43 of 1950); (c) “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; (d) “transferred territory” means the territory specified in the Schedule and transferred from the State of Mysore to the State of Andhra Pradesh by section 3. **3. Transfer of territory from Mysore to Andhra Pradesh.—(1) As from the appointed day,** there shall be added to the State of Andhra Pradesh the territory specified in the Schedule which shall thereupon cease to form part of the State of Mysore. (2) The transferred territory shall be included in, and form part of the Hindupur taluk of Anantapur district in the State of Andhra Pradesh. (3) Nothing in sub-section (2) shall be deemed to affect the power of the State Government to alter, after the appointed day, the name, extent or boundaries of any district or taluk in the State of Andhra Pradesh. **4. Amendment of First Schedule to the Constitution.—As from the appointed day, in the First** Schedule to the Constitution, under the heading “I. THE STATES”,— (a) for the entry against “I. Andhra Pradesh”, the following shall be substituted, namely:— “The territories specified in sub-section (1) of section 3 of the Andhra State Act, 1953, sub-section (1) of section 3 of the States Reorganisation Act, 1956, the First Schedule to the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959, and the Schedule to the Andhra Pradesh and Mysore (Transfer of Territory) Act, 1968, but excluding the territories specified in the Second Schedule to the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959.”; and (b) in the entry against “9. Mysore”, after the words and figures “States Reorganisation Act, 1956”, the words, brackets and figures “but excluding the territory specified in the Schedule to the Andhra Pradesh and Mysore (Transfer of Territory) Act, 1968” shall be inserted. **5. Extent of parliamentary and assembly Constituencies.—As from the appointed day, the** transferred territory shall cease to be part of Madhugiri parliamentary constituency and Bagepalli assembly constituency in the State of Mysore as delimited in Order No. 11 of the Delimitation Commission made under section 10 of the Delimitation Commission Act, 1962 (61 of 1962), and shall form part of Hindupur parliamentary constituency and Hindupur assembly constituency in the State of Andhra Pradesh as delimited in Order No. 3 of the Delimitation Commission made under the said section. 2 ----- **6. Provision as to sitting members of Parliament and Legislative Assemblies.—(1) The sitting** members of the House of the People representing Hindupur parliamentary constituency in the State of Andhra Pradesh and Madhugiri parliamentary constituency in the State of Mysore shall, notwithstanding the alteration in the extent of those constituencies by virtue of the provisions of this Act, continue to be members of the House of the People. (2) The sitting members of the Legislative Assemblies of Andhra Pradesh and Mysore representing Hindupur assembly constituency and Bagepalli assembly constituency respectively shall, notwithstanding the alteration in the extent of those constituencies by virtue of the provisions of this Act, continue to be members of the said Assemblies. **7. Extent of Council Constituencies.—(1) Any reference in the Delimitation of Council** Constituencies (Andhra Pradesh) Order, 1957, to Anantapur district shall be construed as including the territory transferred to that district from the State of Mysore. (2) Any reference in the Delimitation of Council Constituencies (Mysore) Order, 1951, to Kolar district shall be construed as excluding the territory transferred from that district to the State of Andhra Pradesh. **8. Sitting Members of Legislative Councils.—Every sitting member of the Legislative Council** of Andhra Pradesh or of Mysore representing a council constituency the extent of which is altered by virtue of section 7 shall, as from the appointed day, be deemed to have been elected to the said Council by that constituency as so altered. **9. Extension of jurisdiction of Andhra Pradesh High Court.—(1) As from the** appointed day,— (a) the jurisdiction of the High Court of Andhra Pradesh shall extend to the transferred territory; and (b) the High Court of Mysore shall have no jurisdiction in respect of the said territory. (2) If, immediately before the appointed day, there is any proceeding relatable to the transferred territory pending in the High Court of Mysore, then, notwithstanding anything contained in sub-section (1), such proceeding shall be heard and disposed of by that High Court. (3) Any order made by the High Court of Mysore in any proceeding with respect to which that High Court exercises jurisdiction by virtue of sub-section (2) shall, for all purposes, have effect, not only as an order of the High Court of Mysore but also as an order made by the High Court of Andhra Pradesh. (4) For the purposes of this section,— (a) proceedings shall be deemed to be pending in the High Court of Mysore 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. **10. Appropriation of moneys for expenditure in transferred territory under existing** **Appropriation Acts.—As from the appointed day, any Act passed by the Legislature of Andhra** Pradesh 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 1968-69 shall have effect also in relation to the transferred territory, and it shall be lawful for the State Government to spend any amount for that territory out of the amount authorised by such Act to be expended for any services in that State. 3 ----- **11. Assets and liabilities.—(1) All land and all stores, articles and other goods in the transferred** territory belonging to the State of Mysore shall, as from the appointed day, pass to the State of Andhra Pradesh. _Explanation.—In this sub-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. (2) All rights, liabilities and obligations, whether arising out of a contract or otherwise, of the State of Mysore in relation to the transferred territory shall, as from the appointed day, be the rights, liabilities and obligations, respectively, of the State of Andhra Pradesh. **12. State Financial Corporations and State Electricity Boards.—As from the appointed day,—** (a) the Financial Corporations constituted under the State Financial Corporations Act, 1951 (63 of 1951), for the States of Mysore and Andhra Pradesh, and (b) the State Electricity Boards constituted under the Electricity (Supply) Act, 1948 (54 of 1948), for the said States. shall be deemed to have been constituted for those States with their areas as altered by the provisions of section 3. **13. Extension of laws.—All laws which, immediately before the appointed day, extend to, or are** in force in, the Hindupur taluk of Anantapur district in the State of Andhra Pradesh but do not extend to, or are not in force in, the transferred territory, shall, as from that day, extend to, or as the case may be, come into force in, the transferred territory; and all laws which, immediately before the appointed day, are in force in the transferred territory but not in the Hindupur taluk of Anantapur district in the State of Andhra Pradesh shall, on that day, cease to be in force in the transferred territory, except as respects things done or omitted to be done before that day. _Explanation.—In this section, “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 Andhra Pradesh or Mysore. **14. Power to construe laws.—Any court, tribunal or authority required or empowered to enforce** any law extended to the transferred territory by section 13 may, for the purpose of facilitating its application in relation to the transferred territory, 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. **15. Legal proceedings.—Where, immediately before the appointed day, the State of Mysore is a** party to any legal proceedings with respect to any property, rights or liabilities transferred to the State of Andhra Pradesh under this Act, the State of Andhra Pradesh shall be deemed to be substituted for the State of Mysore as a party to those proceedings, or added as a party thereto, as the case may be, and the proceedings may continue accordingly. **16. Transfer of pending proceedings.—(1) Every proceeding pending immediately before the** appointed day before any court (other than a High Court), tribunal, authority or officer in any area which on that day falls within the State of Mysore 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 Andhra Pradesh. (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 of Mysore and the decision of that High Court shall be final. (3) In this section,— (a) “proceeding” includes any suit, case or appeal; and 4 ----- (b) “corresponding court, tribunal, authority or officer” in the State of Andhra Pradesh 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 Andhra Pradesh, or before the appointed day by the Government of Mysore, to be the corresponding court, tribunal, authority or officer. **17. Effect of provisions inconsistent with other laws.—The provisions of this Act shall have** effect notwithstanding anything inconsistent therewith contained in any other law. **18. Power to remove difficulties.—If any difficulty arises in giving effect to the provisions of** this Act (including any difficulty in relation to the transition under section 13 from one law to another law), the President may by order do anything not inconsistent with any such provision which appears to him to be necessary for the purpose of removing the difficulty. **19. 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) 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 [1][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 certain words (w.e.f. 15-5-1986). 5 ----- THE SCHEDULE [See sections 2(d) and 3] TERRITORY TRANSFERRED FROM THE STATE OF MYSORE TO THE STATE OF ANDHRA PRADESH Area comprised in survey number 19 of “Abakavaripalli” village of Bagepallitaluk in Kolar district. 6 -----

2-Sep-1968

46

The Insecticides Act, 1968

https://www.indiacode.nic.in/bitstream/123456789/1551/1/A1968-46.pdf

central

# THE INSECTICIDES ACT, 1968 _______ ARRANGEMENT OF SECTIONS ________ SECTIONS 1. Short title, extent and commencement. 2. Application of other laws not barred. 3. Definitions. 4. The Central Insecticides Board. 5. Registration Committee. 6. Other committees. 7. Procedure for Board. 8. Secretary and other officers. 9. Registration of insecticides. 10. Appeal against non-registration or cancellation. 11. Power of revision of Central Government. 12. Licensing officers. 13. Grant of licence. 14. Revocation, suspension and amendment of licences. 15. Appeal against the decision of a licensing officer. 16. Central Insecticides Laboratory. 17. Prohibition of import and manufacture of certain insecticides. 18. Prohibition of sale, etc., of certain insecticides. 19. Insecticide Analysts. 20. Insecticide Inspectors. 21. Powers of Insecticide Inspectors. 22. Procedure to be followed by Insecticide Inspectors. 23. Persons bound to disclose place where insecticides are manufactured or kept. 24. Report of Insecticide Analyst. 25. Confiscation. 26. Notification of poisoning. 27. Prohibition of sale, etc., of insecticides for reasons of public safety. 28. Notification of cancellation of registration, etc. 29. Offences and punishment. 30. Defences which may or may not be allowed in prosecutions under this Act. 31. Cognizance and trial of offences. 31A. Special Courts. 32. [Repealed.] 1 ----- SECTIONS 33. Offences by companies. 34. Power of Central Government to give directions. 35. Protection of action taken in good faith. 36. Power of Central Government to make rules. 37. Power of the State Governments to make rules. 38. Exemption. THE SCHEDULE. 2 ----- # THE INSECTICIDES ACT, 1968 ACT NO. 46 OF 1968 [2nd September, 1968.] # An Act to regulate the import, manufacture, sale, transport, distribution and use of insecticides with a view to prevent risk to human beings or animals, and for matters connected therewith. BE it enacted by Parliament in the Nineteenth Year of the Republic of India as follows:— **1. Short title, extent and commencement.—(1) This Act may be called the Insecticides Act, 1968.** (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 and different dates may be appointed for different States and for different provisions of this Act. **2. Application of other laws not barred.—The provisions of this Act shall be in addition to, and not** in derogation of, any other law for the time being in force. **3. Definitions.—In this Act, unless the context otherwise requires,—** (a) “animals” means animals useful to human beings and includes fish and fowl, and such kinds of wild life as the Central Government may, by notification in the Official Gazette, specify, being kinds which, in its opinions, it is desirable to protect or preserve; (b) “Board” means the Central Insecticides Board constituted under section 4; (c) “Central Insecticides Laboratory” means the Central Insecticides Laboratory established or as the case may be, the Institution specified, under section 16; (d) “import” means bringing into any place within the territories to which this Act extends from a place outside those territories; (e) “insecticide” means— (i) any substance specified in the Schedule; or (ii) such other substances (including fungicides and weedicides) as the Central Government may, after consultation with the Board, by notification in the Official Gazette, include in the Schedule from time to time; or (iii) any preparation containing any one or more of such substances; (f) “Insecticide Analyst” means an Insecticide Analyst appointed under section 19; (g) “Insecticide Inspector” means an Insecticide Inspector appointed under section 20; (h) “label” means any written, printed or graphic matter on the immediate package and on every other covering in which the package is placed or packed and includes any written, printed or graphic matter accompanying the insecticide; (i) “licensing officer” means a licensing officer appointed under section 12; (j) “manufacture”, in relation to any insecticide, includes— (i) any process or part of a process for making, altering, finishing, packing, labelling, breaking up or otherwise treating or adopting any insecticide with a view to its sale, distribution or use but does not include the packing or breaking up of any insecticide in the ordinary course of retail business; and 1. 1st March, 1971, vide notification No. G.S.R. 300, dated 27th February, 1971, in respect of ss. 4, 7, 8 and 36, _see Gazette of_ India, Extraordinary, Part II, sec. 3(i). 1st August, 1971, vide notification No. G.S.R. 1108, dated the 28th July, 1971, in respect of remaining provisions see Gazette of India, Extraordinary, Part II, sec. 3(i). 3 ----- (ii) any process by which a preparation containing an insecticide is formulated; (k) “misbranded”—an insecticide shall be deemed to be misbranded— (i) if its label contains any statement, design or graphic representation relating thereto which is false or misleading in any material particular, or if its package is otherwise deceptive in respect of its contents; or (ii) if it is an imitation of, or is sold under the name of, another insecticide; or (iii) if its label does not contain a warning or caution which may be necessary and sufficient, if complied with, to prevent risk to human beings or animals; or (iv) if any word, statement or other information required by or under this Act to appear on the label is not displayed thereon in such conspicuous manner as the other words, statements, designs or graphic matter have been displayed on the label and in such terms as to render it likely to be read and understood by any ordinary individual under customary conditions of purchase and use; or (v) if it is not packed or labelled as required by or under this Act; or (vi) if it is not registered in the manner required by or under this Act; or (vii) if the label contains any reference to registration other than the registration number; or (viii) if the insecticide has a toxicity which is higher than the level prescribed or is mixed or packed with any substance so as to alter its nature or quality or contains any substance which is not included in the registration; (l) “package” means a box, bottle casket, tin, barrel, case, receptacle, sack, bag, wrapper, or other thing in which an insecticide is placed or packed; (m) “premises” means any land, shop, stall or place where any insecticide is sold or manufactured or stored or used, and includes any vehicle carrying insecticide; (n) “prescribed” means prescribed by rules made under this Act; (o) “registered”, with its grammatical variations and cognate expressions, means registered under this Act; (p) “sale”, with its grammatical variations and cognate expressions, means the sale of any insecticide, whether for cash or on credit and whether by wholesale or retail, and includes an agreement for sale, an offer for sale, the exposing for sale or having in possession for sale of any insecticide and includes also an attempt to sell any such insecticide; (q) “State Government”, in relation to a Union territory, means the administrator thereof; (r) “worker” means a person employed under a contract of service or apprenticeship. **4. The Central Insecticides Board.—(1) The Central Government shall, as soon as may be,** constitute a Board to be called the, Central Insecticides Board to advise the Central Government and State Governments on technical matters arising out of the administration of this Act and to carry out the other functions assigned to the Board by or under this Act. (2) The matters on which the Board may advise under sub-section (1) shall include matters relating to— (a) the risk to human beings or animals involved in the use of insecticides and the safety measures necessary to prevent such risk; (b) the manufacture, sale, storage, transport and distribution of insecticides with a view to ensure safety to human beings or animals. (3) The Board shall consist of the following members, namely:— (i) the Director General of Heath Services, ex officio, who shall be the Chairman; 4 ----- (ii) the Drugs Controller, India, ex officio; (iii) the Plant Protection Adviser to the Government of India, ex officio; (iv) the Director of Storage and Inspection, Ministry of Food, Agriculture, Community Development and Co-operation (Department of Food), ex officio; (v) the Chief Adviser of Factories, ex officio; (vi) the Director, National Institute of Communicable Diseases, ex officio; (vii) the Director General, Indian Council of Agricultural Research, ex officio; (viii) the Director General, Indian Council of Medical Research, ex officio; (ix) the Director, Zoological Survey of India, ex officio; (x) the Director General, Indian Standards Institution, ex officio; (xi) the Director-General of Shipping or, in his absence, the Deputy Director General of Shipping, Ministry of Transport and Shipping, ex officio; (xii) the Joint Director, Traffic (General), Ministry of Railways (Railway Board), ex officio; (xiii) the Secretary, Central Committee for Food Standards, ex officio; 1[(xiiia) the Animal Husbandry Commissioner, Department of Agriculture, ex officio; (xiiib) the Joint Commissioner (Fisheries), Department of Agriculture, ex officio; (xiiic) the Deputy Inspector General of Forests (Wild Life), Department of Agriculture, ex officio; (xiiid) the Industrial Adviser (Chemicals), Directorate General of Technical Development, _ex officio;]_ (xiv) one person to represent the Ministry of Petroleum and Chemicals, to be nominated by the Central Government; (xv) one pharmacologist to be nominated by the Central Government; (xvi) one medical texicologist to be nominated by the Central Government; (xvii) one person who shall be in charge of the department dealing with public health in a State, to be nominated by the Central Government; (xviii) two persons who shall be Directors of Agriculture in States, to be nominated by the Central Government; (xix) four persons, one of whom shall be an expert in industrial health and occupational hazards, to be nominated by the Central Government; (xx) one person to represent the Council of Scientific and Industrial Research to be nominated by the Central Government; 1[(xxi) one ecologist to be nominated by the Central Government.] (4) The persons nominated under clauses (xiv) to [2][(xxi)] inclusive, of sub-section (3) shall, unless their seats become vacant earlier by resignation, death or otherwise, hold office for three years from the date of their nomination, but shall be eligible for re-nomination: Provided that the persons nominated under clauses (xvii) and (xviii) shall hold office only for so long as they hold the appointments by virtue of which their nominations were made. 1. Ins. by Act 24 of 1977, s. 2 (w.e.f. 2-8-1977). 2. Subs. by s. 2, ibid., for “(xx)” (w.e.f. 2-8-1977). 5 ----- 1[(5) No act or proceeding of the Board, the Registration Committee or any Committee appointed under section 6, shall be called in question on the ground merely of the existence of any vacancy in, or any defect in the constitution of, the Board, the Registration Committee or such Committee, as the case may be.] **5. Registration Committee.—(1) The Central Government shall constitute a Registration Committee** consisting of a Chairman, and not more than five persons who shall be members of the Board (including the Drugs Controller, India and the Plant Protection Adviser to the Government of India)— (i) to register insecticides after scrutinising their formulae and verifying claims made by the importer or the manufacturer, as the case may be, as regards their efficacy and safety to human beings and animals; and (ii) to perform such other functions as are assigned to it by or under this Act. (2) Where the Chairman is not a member of the Board, his term of office and other conditions of service shall be such as may be determined by the Central Government. (3) Subject to the provisions of sub-section (2), a member of the Registration Committee shall hold office for so long as he is a member of the Board. (4) The Committee may also co-opt such number of experts and for such purpose or period as it may deem fit, but any expert so co-opted shall have no right to vote. (5) The Registration Committee shall regulate its own procedure and the conduct of business to be transacted by it. **6. Other committees.—The Board may appoint such committees as it deems fit and may appoint to** them persons who are not members of the Board, to exercise such powers and perform such duties as may, subject to such conditions, if any, as the Board may impose, be delegated to them by the Board. **7. Procedure for Board.—The Board may, subject to the previous approval of the Central** Government, make bye-laws for the purpose of regulating its own procedure and the procedure of any committee thereof and the conduct of all business to be transacted by it or such committee. **8. Secretary and other officers.—The Central Government shall—** (i) appoint a person to be the Secretary of the Board who shall also function as Secretary to the Registration Committee; and (ii) provide the Board and the Registration Committee with such technical and other staff as the Central Government considers necessary. **9. Registration of insecticides.—(1) Any person desiring to import or manufacture any insecticide** may apply to the Registration Committee for the registration of such insecticide and there shall be a separate application for each such insecticide: Provided that any person engaged in the business of import or manufacture of any insecticide immediately before the commencement of this section shall make an application to the Registration Committee within a period of [2][seventeen months] from the date of such commencement for the registration of any insecticide which he has been importing or manufacturing before that date: 3[Provided further that where any person referred to in the preceding proviso fails to make an application under that proviso within the period specified therein, he may make such application at any time thereafter on payment of a penalty of one hundred rupees for every month or part thereof after the expiry of such period for the registration of each such insecticide.] (2) Every application under sub-section (1) shall be made in such form and contain such particulars as may be prescribed. 1. Subs. by Act 24 of 1977, s. 2, for sub-section (5) (w.e.f. 2-8-1977). 2. Subs. by Act 46 of 1972, s. 2, for “six months” (w.e.f. 1-8-1971). 3. Proviso ins. by s. 2, ibid. (w.e.f. 1-8-1971). 6 ----- (3) On receipt of any such application for the registration of an insecticide, the Committee may, after such enquiry as it deems fit and after satisfying itself that the insecticide to which the application relates conforms to the claims made by the importer or by the manufacturer, as the case may be, as regards the efficacy of the insecticide and its safety to human beings and animals, register [1][on such conditions as may be specified by it] and on payment of such fee as may be prescribed, the insecticide, allot a registration number thereto and issue a certificate of registration in token thereof within a period of twelve months from the date of receipt of the application: Provided that the Committee may, if it is unable within the said period to arrive at a decision on the basis of the materials placed before it, extend the period by a further period not exceeding six months: Provided further that if the Committee is of opinion that the precautions claimed by the applicant as being sufficient to ensure safety to human beings or animals are not such as can be easily observed or that notwithstanding the observance of such precautions the use of the insecticide involves serious risk to human beings or animals, it may refuse to register the insecticide. 2[(3A) In the case of applications received by it prior to the 31st day of March, 1975, notwithstanding the expiry of the period specified in sub-section (3) for the disposal of such applications, it shall be lawful and shall be deemed always to have been lawful for the Registration Committee to dispose of such applications at any time after such expiry but within a period of one year from the commencement of the Insecticides (Amendment) Act, 1977 (24 of 1977): Provided that nothing contained in this sub-section shall be deemed to make any contravention before the commencement of the Insecticides (Amendment) Act, 1977 (24 of 1977), of a condition of a certificate of registration granted before such commencement, an offence punishable under this Act. (3B) Where the Registration Committee is of opinion that the insecticide is being introduced for the first time in India, it may, pending any enquiry, register it provisionally for a period of two years on such conditions as may be specified by it. (3C) The Registration Committee may, having regard to the efficacy of the insecticide and its safety to human beings and animals, vary the conditions subject to which a certificate of registration has been granted and may for that purpose require the certificate-holder by notice in writing to deliver up the certificate to it within such time as may be specified in the notice.] (4) Notwithstanding anything contained in this section, where an insecticide has been registered on the application of any person, any other person desiring to import or manufacture the insecticide or engaged in the business of, import or manufacture thereof shall on application and on payment of prescribed fee be allotted a registration number and granted a certificate of registration in respect thereof on the same conditions on which the insecticide was originally registered. **10. Appeal against non-registration or cancellation.—Any person aggrieved by a decision of the** Registration Committee under section 9 may, within a period of thirty days from the date on which the decision is communicated to him, appeal in the prescribed manner and on payment of the proscribed fee to the Central Government whose decision thereon shall be final: Provided that the Central Government may entertain an appeal after the expiry of the said period, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. **11. Power of revision of Central Government.—The Central Government may, at any time, call for** the record relating to any case in which the Registration committee has given a decision under section 9 for the purpose of satisfying itself as to the legality or propriety of any such decision and may pass any such order in relation thereto as it thinks fit: Provided that no such order shall be passed after the expiry of one year from the date of the decision: Provided further that the Central Government shall not pass any order prejudicial to any person unless that person has had a reasonable opportunity of showing cause against the proposed order. 1. Subs. by Act 24 of 1977, s. 3, for “on such conditions” (w.e.f. 2-8-1977). 2. Ins. by s. 3, ibid. (w.e.f. 2-8-1977). 7 ----- **12. Licensing officers.—The State Government may, by notification in the Official Gazette, appoint** such persons as it thinks fit to be licensing officers for the purposes of this Act and define the areas in respect of which they shall exercise jurisdiction. **13. Grant of licence.—(1) Any person desiring to manufacture or to sell, stock or exhibit for sale or** distribute any insecticide [1][or to undertake commercial pest control operations with the use of any insecticide], may make an application to the licensing officer for the grant of a licence: Provided that any person engaged in the business of manufacturing or selling, stocking or exhibiting for sale or distributing any insecticide immediately before the commencement of this section shall make an application to the licensing officer for the grant of a licence within a period of [2][seventeen months] from the date of such commencement: 1[Provided further that any person engaged in the commercial pest control operations immediately before the commencement of the Insecticides (Amendment) Act, 1977 (24 of 1977), shall make an application to the licensing officer for the grant of a licence within a period of six months from the commencement of the said Act.] (2) Every application under sub-section (1) shall be made in such form and shall contain such particulars as may be prescribed. (3) On receipt of any such application for the grant of a licence, the licensing officer may grant a licence in such form, on such conditions and on payment of such fee as may be prescribed. (4) A licence granted under this section shall be valid for the period specified therein and may be renewed from time to time for such period and on payment of such fee as may be prescribed: Provided that where a licence has been granted to any person who has made an application under [3][the first proviso or, as the case may be, the second proviso] to sub-section (1), that licence shall be deemed to be cancelled in relation to any insecticide, the application for registration whereof has been refused or the registration whereof has been cancelled, under this Act, with effect from the date on which such refusal or cancellation is notified in the Official Gazette. 1[(5) In prescribing fees for the grant or renewal of licences under this section, different fees may be prescribed for the sale or distribution of insecticides for purposes of domestic use and for other purposes.] **14. Revocation, suspension and amendment of licences.—(1) If the licensing officer is satisfied,** either on a reference made to him in this behalf or otherwise, that— (a) the licence granted under section 13 has been granted because of misrepresentation as to an essential fact; or (b) the holder of a licence has failed to comply with the conditions subject to which the licence was granted or has contravened any of the provisions of this Act or the rules made thereunder, then, without prejudice to any other penalty to which the holder of the licence may be liable under this Act, the licensing officer may, after giving the holder of the licence an opportunity of showing cause, revoke or suspend the licence. (2) Subject to any rules that may be made in this behalf, the licensing officer may also vary or amend a licence granted under section 13. **15. Appeal against the decision of a licensing officer.—(1) Any person aggrieved by a decision of a** licensing officer under section 13 [except under the proviso to sub-section (4)] or section 14 may, within a period of thirty days from the date on which the decision is communicated to him, appeal to such authority in such manner and on payment of such fee as may be prescribed: 1. Ins. by Act 24 of 1977, s. 4 (w.e.f. 2-8-1977). 2. Subs. by Act 46 of 1972, s. 3, for “three months” (w.e.f. 1-8-1971). 3. Subs. by Act 24 of 1977, s. 4, for “the proviso” (w.e.f. 2-8-1977). 8 ----- Provided that the appellate authority may entertain an appeal after the expiry of the said period if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. (2) On receipt of an appeal under sub-section (1), the appellate authority shall, after giving the appellant an opportunity of showing cause, dispose of the appeal ordinarily within a period of six months and the decision of the appellate authority shall be final. **16. Central Insecticides Laboratory.—The Central Government may, by notification in the Official** Gazette, establish a Central Insecticides Laboratory under the control of a Director to be appointed by the Central Government to carry out the functions entrusted to it by or under this Act: Provided that if the Central Government so directs by a notification in the Official Gazette, the functions of the Central Insecticides Laboratory shall, to such extent as may be specified in the notification, be carried out at any such institution as may be specified therein and thereupon the functions of the Director of the Central Insecticides Laboratory shall to the extent so specified be exercised by the head of that institution. **17. Prohibition of import and manufacture of certain insecticides.—(1) No person shall, himself** or by any person on his behalf, import or manufacture— (a) any misbranded insecticide; (b) any insecticide the sale, distribution or use of which is for the time being prohibited under section 27; (c) any insecticide except in accordance with the conditions on which it was registered; (d) any insecticide in contravention of any other provision of this Act or of any rule made thereunder: Provided that any person who has applied for registration of an insecticide [1][under any of the provisos] to sub-section (1) of section 9 may continue to import or manufacture any such insecticide and such insecticide shall not be deemed to be a misbranded insecticide within the meaning of sub-clause (vi) or sub-clause (vii) or sub-clause (viii) of clause (k) of section 3, until he has been informed by the Registration Committee of its decision to refuse to register the said insecticide. (2) No person shall, himself or by any person on his behalf, manufacture any insecticide except under, and in accordance with the conditions of, a licence issued for such purpose under this Act. **18. Prohibition of sale, etc., of certain insecticides.—(1) No person shall, himself or by any person** on his behalf, sell, stock or exhibit for sale, distribute, [2][transport, use, or cause to be used] by any worker— (a) any insecticide which is not registered under this Act; (b) any insecticide, the sale, distribution or use of which is for the time being prohibited under section 27; (c) any insecticide in contravention of any other provision of this Act or of any rule made thereunder. (2) No person shall, himself or by any person on his behalf, sell, stock or exhibit for sale or distribute [3][or use for commercial pest control operations] any insecticide except under, and in accordance with the conditions of, a licence issued for such purpose under this Act. _Explanation.—For the purposes of this section an insecticide in respect of which any person has_ applied for a certificate of registration [4][under any of the provisos] to sub-section (1) of section 9, shall be deemed to be registered till the date on which the refusal to register such insecticide is notified in the Official Gazette. 1. Subs. by Act 46 of 1972, s. 4, for “under the proviso” (w.e.f. 1-8-1971). 2. Subs. by Act 24 of 1977, s. 5, for “transport or cause to be used” (w.e.f. 2-8-1977). 3. Ins. by s. 5, ibid. (w.e.f. 2-8-1977). 4. Subs. by Act 46 of 1972, s. 5, for “under the proviso” (w.e.f. 1-8-1971). 9 ----- **19. Insecticide Analysts.—The Central Government or a State Government may, by notification in** the Official Gazette, appoint persons in such number as it thinks fit and possessing such technical and other qualifications as may be prescribed to be Insecticide Analysts for such areas and in respect of such insecticides or class of insecticides as may be specified in the notification: Provided that no person who has any financial interest in the manufacture, import or sale of any insecticide, shall be so appointed. **20. Insecticide Inspectors.—(1) The Central Government or a State Government may, by** notification in the Official Gazette, appoint persons in such number as it thinks fit and possessing such technical and other qualifications as may be prescribed to be Insecticide Inspectors for such areas as may be specified in the notification: Provided that any person who does not possess the required qualifications may be so appointed only for the purposes of clause (a) and clause (d) of sub-section (1) of section 21: Provided further that no person who has any financial interest in the manufacture, import or sale of any insecticide shall be so appointed. (2) Every Insecticide Inspector shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860), and shall be officially subordinate to such authority as the Government appointing him may specify in this behalf. **21. Powers of Insecticide Inspectors.—(1) An Insecticide Inspector shall have power—** (a) to enter and search, at all reasonable times and with such assistance, if any, as he considers necessary, any premises in which he has reason to believe that an offence under this Act or the rules made thereunder has been or is being or is about to be committed, or for the purpose of satisfying himself that the provisions of this Act or the rules made thereunder or the conditions of any certificate of registration or licence issued thereunder are being complied with; (b) to require the production of, and to inspect, examine and make copies of, or take extracts from, registers, records or other documents kept by a manufacturer, distributor, carrier, dealer or any other person in pursuance of the provisions of this Act or the rules made thereunder and seize the same, if he has reason to believe that all or any of them, may furnish evidence of the commission of an offence punishable under this Act or the rules made thereunder; (c) to make such examination and inquiry as he thinks fit in order to ascertain whether the provisions of this Act or the rules made thereunder are being complied with and for that purpose stop any vehicle; (d) to stop the distribution, sale or use of an insecticide which he has reason to believe is being distributed, sold or used in contravention of the provisions of this Act or the rules made thereunder, for a specified period not exceeding [1][thirty] days, or unless the alleged contravention is such that the defect may be removed by the possessor of the insecticide, seize the stock of such insecticide; (e) to take samples of any insecticide and send such samples for analysis to the Insecticide Analyst for test in the prescribed manner; and (f) to exercise such other powers as may be necessary for carrying out the purposes of this Act or the rules made thereunder. 2[(2) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974), shall, as far as may be, apply to any search or seizure under this Act as they apply to any search or seizure made under the authority of a warrant issued under section 94 of the said Code.] (3) An Insecticide Inspector may exercise the powers of a police officer under [3][section 42 of the Code of Criminal Procedure, 1973 (2 of 1974)], for the purpose of ascertaining the true name and residence of the person from whom a sample is taken or an insecticide is seized. 1. Subs. by Act 23 of 2000, s. 2, for “twenty” (w.e.f. 5-8-2000). 2. Subs. by Act 24 of 1977, s. 6, for sub-section (2) (w.e.f. 2-8-1977). 3. Subs. by s. 6, ibid., for “section 57 of the Code of Criminal Procedure, 1898 (5 of 1898)” (w.e.f. 2-8-1977). 10 ----- **22. Procedure to be followed by Insecticide Inspectors.—(1) Where an Insecticide Inspector seizes** any record, register or document under clause (b) of sub-section (1) of section 21, he shall, as soon as may be, inform a Magistrate and take his orders as to the custody thereof. (2) Where an Insecticide Inspector takes any action under clause (d) of sub-section (1) of section 21— (a) he shall use all dispatch in ascertaining whether or not the insecticide or its sale, distribution or use contravenes any of the provisions of section 18 and if it is ascertained that the insecticide or its sale, distribution or use does not so contravene, forthwith revoke the order passed under the said clause or, as the case may be, take such action as may be necessary for the return of the stock seized; (b) if he seizes the stock of the insecticide he shall, as soon as may be, inform a Magistrate and take his orders as to the custody thereof; (c) without prejudice to the institution of any prosecution, if the alleged contravention be such that the defect may be remedied by the possessor of the insecticide, he shall, on being satisfied that the defect has been so remedied, forthwith revoke his order and in case where the Insecticide Inspector has seized the stock of insecticide, he shall, as soon as may be, inform a Magistrate and obtain his orders as to the release thereof. 1[(3) Where an Insecticide Inspector takes any sample of an insecticide, he shall issue a receipt therefor stating therein that the fair price of such sample shall be tendered if the sample, after test or analysis is not found to be misbranded and the Insecticide Analyst has reported to that effect and on such price having been tendered may require a written acknowledgement therefor.] (4) [2]*** where the Insecticide Inspector seizes the stock of any insecticide under clause (d) of sub-section (1) of section 21, he shall tender a receipt therefor in the prescribed form. (5) Where an Insecticide Inspector takes a sample of an insecticide for the purpose of test or analysis, he shall intimate such purpose in writing in the prescribed form to the person from whom he takes it and, in the presence of such person unless he wilfully absents himself, shall divide the sample into three portions and effectively seal and suitably mark the same and permit such person to add his own seal and mark to all or any of the portions so sealed and marked: Provided that where the insecticide is made up in containers of small volume, instead of dividing a sample as aforesaid, the Insecticide Inspector may, and if the insecticide be such that it is likely to deteriorate or be otherwise damaged by exposure shall, take three of the said containers after suitably marking the same and, where necessary, sealing them. (6) The Insecticide Inspector shall restore one portion of a sample so divided or one container, as the case may be, to the person from whom he takes it and shall retain the remainder and dispose of the same as follows:— (i) one portion or container, he shall forthwith send to the Insecticide Analyst for test or analysis; and (ii) the second, he shall produce to the court before which proceedings, if any, are instituted in respect of the insecticide. **23. Persons bound to disclose place where insecticides are manufactured or kept.—Every person** for the time being in charge of any premises where any insecticide is being manufactured or is kept for sale or distribution shall, on being required by an Insecticide Inspector so to do, be legally bound to disclose to the Insecticide Inspector the place where the insecticide is being manufactured or is kept, as the case may be. **24. Report of Insecticide Analyst.—(1) The Insecticide Analyst to whom a sample of any** insecticide has been submitted for test or analysis under sub-section (6) of section 22, shall, within a 1. Subs. by Act 23 of 2000, s. 3, for sub-section (3) (w.e.f. 5-8-2000). 2. The words, brackets and figure “Where the price tendered under sub-section (3) is refused, or” omitted by s. 3, _ibid. (w.e.f. 5-8-2000)._ 11 ----- period of [1][thirty] days, deliver to the Insecticide Inspector submitting it a signed report in duplicate in the prescribed form. (2) The Insecticide Inspector on receipt thereof shall deliver one copy of the report to the person from whom the sample was taken and shall retain the other copy for use in any prosecution in respect of the sample. (3) Any document purporting to be a report signed by an Insecticide Analyst shall be evidence of the facts stated therein, and such evidence shall be conclusive unless the person from whom the sample was taken has within twenty-eight days of the receipt of a copy of the report notified in writing the Insecticide Inspector or the court before which any proceedings in respect of the sample are pending that he intends to adduce evidence in controversion of the report. (4) Unless the sample has already been tested or analysed in the Central Insecticides Laboratory, where a person has under sub-section (3) notified his intention of adducing evidence in controversion of the Insecticide Analyst‟s report, the court may, of its own motion or in its discretion at the request either of the complainant or of the accused, cause the sample of the insecticide produced before the magistrate under sub-section (6) of section 22 to be sent for test or analysis to the said laboratory, [2][which shall, within a period of thirty days, make the test or analysis] and report in writing signed by, or under the authority of, the Director of the Central Insecticides Laboratory the result thereof, and such report shall be conclusive evidence of the facts stated therein. (5) The cost of a test or analysis made by the Central Insecticides Laboratory under sub-section (4) shall be paid by the complainant or the accused, as the court shall direct. **25. Confiscation.—(1) Where any person has been convicted under this Act for contravening any of** the provisions of this Act or of the rules made thereunder, the stock of the insecticide in respect of which the contravention has been made shall be liable to confiscation. (2) Without prejudice to the provisions contained in sub-section (1), where the Court is satisfied on the application of an Insecticide Inspector or otherwise and after such inquiry as may be necessary, that the insecticide is a misbranded insecticide, such insecticide shall be liable to confiscation. **26. Notification of poisoning.—The State Government may, by notification in the Official Gazette,** require any person or class of persons specified therein to report all occurrences of poisoning (through the use or handling of any insecticide) coming within his or their cognizance to such officer as may be specified in the said notification. **27. Prohibition of sale, etc., of insecticides for reasons of public safety.—(1) If, on receipt of a** report under section 26 or otherwise, the Central Government or the State Government is of opinion for reasons to be recorded in writing, that the use of any insecticide specified in [3]*** clause (e) of section 3 or any specific batch thereof is likely to involve such risk to human beings or animals as to render it expedient or necessary to take immediate action then that Government may, by notification in the Official Gazette, prohibit the sale, distribution or use of the insecticide or batch, in such area, to such extent and for such period (not exceeding sixty days) as may be specified in the notification pending investigation into the matter: Provided that where the investigation is not completed within the said period, the Central Government or the State Government, as the case may be, may extend it by such further period or periods not exceeding thirty days in the aggregate as it may specify in a like manner. (2) If, as a result of its own investigation or on receipt of the report from the State Government, and after consultation with the Registration Committee, the Central Government, is satisfied that the use of the said insecticide or batch is or is not likely to cause any such risk, it may pass such order (including an order refusing to register the insecticide or cancelling the certificate of registration, if any, granted in respect thereof) as it deems fit, depending on the circumstances of the case. 1. Subs. by Act 23 of 2000, s. 4, for “sixty” (w.e.f. 5-8-2000). 2. Subs. by s. 4, ibid., for “which shall make the test or analysis” (w.e.f. 5-8-2000). 3. The words, brackets and figure “sub-clause (iii) of” omitted by s. 5, ibid. (w.e.f. 5-8-2000). 12 ----- **28. Notification of cancellation of registration, etc.—A refusal to register any insecticide or a** cancellation of the certificate of registration of any insecticide shall be notified in the Official Gazette and in such other manner as may be prescribed. **29. Offences and punishment.—(1) Whoever,—** (a) imports, manufactures, sells, stocks or exhibits for sale or distributes any insecticide deemed to be misbranded under sub-clause (i) or sub-clause (iii) or sub-clause (viii) of clause (k) of section 3; or (b) imports or manufactures any insecticide without a certificate of registration; or (c) manufactures, sells, stocks or exhibits for sale or distributes an insecticide without a licence; or (d) sells or distributes an insecticide, in contravention of section 27; or (e) causes an insecticides, the use of which has been prohibited under section 27, to be used by any worker; or (f) obstructs an Insecticide Inspector in the exercise of his powers or discharge of his duties under this Act or the rules made thereunder, 1[shall be punishable— (i) for the first offence, with imprisonment for a term which may extend to two years, or with fine which shall not be less than ten thousand rupees but which may extend to fifty thousand rupees, or with both; (ii) for the second and a subsequent offence, with imprisonment for a term which may extend to three years, or with fine which shall not be less than fifteen thousand rupees but which may extend to seventy-five thousand rupees, or with both]. (2) Whoever uses an insecticide in contravention of any provision of this Act or any rule made thereunder shall be punishable with fine [2][which shall not be less than five hundred rupees but which may extend to five thousand rupees, or imprisonment for a term which may extend to six months, or with both]. (3) Whoever contravenes any of the other provisions of this Act or any rule made thereunder or any condition of a certificate of registration or licence granted thereunder, shall be punishable— (i) for the first offence, with imprisonment for a term which may extend to [3][one year, or with fine which shall not be less than five thousand rupees but which may extend to twenty-five thousand rupees, or with both]; (ii) for the second and a subsequent offence, with imprisonment for a term which may extend to 4[two years, or with fine which shall not be less than ten thousand rupees but which may extend to fifty thousand rupees, or with both]. (4) If any person convicted of an offence under this Act commits a like offence afterwards it shall be lawful for the court before which the second or subsequent conviction takes place to cause the offender‟s name and place of residence, the offence and the penalty imposed to be published in such newspapers or in such other manner as the court may direct. **30. Defences which may or may not be allowed in prosecutions under this Act.—(1) Save as** hereinafter provided in this section, it shall be no defence in a prosecution under this Act to prove merely that the accused was ignorant of the nature or quality of the insecticide in respect of which the offence was committed or of the risk involved in the manufacture, sale or use of such insecticide or of the circumstances of its manufacture or import. 1. Subs. by Act 23 of 2000, s. 6, for certain words (w.e.f. 5-8-2000). 2. Subs. by s. 6, ibid., for “which may extend to five hundred rupees” (w.e.f. 5-8-2000). 3. Subs. by s. 6, ibid., for “six months, or with fine, or with both” (w.e.f. 5-8-2000). 4. Subs. by s. 6, ibid., for “one year, or with fine, or with both” (w.e.f. 5-8-2000). 13 ----- (2) For the purposes of section 17, an insecticide shall not be deemed to be misbranded only by reason of the fact that— (a) there has been added thereto some innocuous substance or ingredient because the same is required for the manufacture or the preparation of the insecticide as an article of commerce in a state fit for carriage or consumption, and not to increase the bulk, weight or measure of the insecticide or to conceal its inferior quality or other defect; or (b) in the process of manufacture, preparation or conveyance some extraneous substance has unavoidably become intermixed with it. (3) A person not being an importer or a manufacturer of an insecticide or his agent for the distribution thereof, shall not be liable for a contravention of any provision of this Act, if he proves— (a) that he acquired the insecticide from an importer or a duly licensed manufacturer, distributor or dealer thereof; (b) that he did not know and could not, with reasonable diligence, have ascertained that the insecticide in any way contravened any provision of this Act; and (c) that the insecticide, while in his possession, was properly stored and remained in the same state as when he acquired it. **31. Cognizance and trial of offence.—(1) No prosecution for an offence under this Act shall be** instituted except by, or with the written consent of, the State Government or a person authorised in this behalf by the State Government. (2) No court inferior to that of a [1][metropolitan magistrate or a judicial magistrate of the first class] shall try any offence under this Act. 2[31A. 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, notify 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 to be Special Courts for the purposes of this Act. (2) Unless otherwise directed by the High Court, a court notified under sub-section (1) shall exercise jurisdiction only in respect of cases under this Act. (3) Subject to the provisions of sub-section (2), the jurisdiction and powers of the presiding officer of court notified under sub-section (1) in any district or metropolitan area shall extend throughout the district or the metropolitan area, as the case may be. (4) Subject to the foregoing provisions of this section, a court notified under sub-section (1) in any district or metropolitan area shall be deemed to be a court established under sub-section (1) of section 11, or, as the case may be, sub-section (1) of section 16 of the Code of Criminal Procedure, 1973 (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).] **32. [Magistrate’s power to impose enhanced penalties.] Omitted by the Insecticides (Repealing and** _Amending) Act 1977 (24 of 1977), s. 8_ (w.e.f. 2-8-1977). **33. Offences by companies.—(1) Whenever an offence under this Act has been committed by a** company, every person who at the time the offence was committed was in charge of, or 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 24 of 1977, s. 7, for “presidency magistrate or a magistrate of the first class” (w.e.f. 2-8-1977). 2. Ins. by Act 23 of 2000, s. 7 (w.e.f. 5-8-2000). 14 ----- Provided that nothing contained in this sub-section shall render any such person liable to any punishment under 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. **34. Power of Central Government to give directions.—The Central Government may give such** directions to any State Government as may appear to the Central Government to be necessary for carrying into execution in the State any of the provisions of this Act or of any rule or order made thereunder. **35. Protection of action taken in good faith.—No prosecution, suit or other proceeding shall lie** against the Government or any officer of the Government or the Board, the Registration Committee or any Committee of the Board, for anything in good faith done or intended to be done under this Act. **36. Power of Central Government to make rules.—(1) The Central Government may, after** consultation with the Board and subject to the condition of previous publication, by notification in the Official Gazette, make rules for the purpose of giving effect to the provisions of this Act: Provided that consultation with the Board may be dispensed with if the Central Government is of opinion that circumstances have arisen which render it necessary to make rules without such consultation but in such a case the Board shall be consulted within six months of the making of the rules and the Central Government shall take into consideration any suggestions which the Board may make in relation to the amendment of the said rules. (2) In particular and without prejudice to the generality of the foregoing power, such rules may prescribe— (a) the method of packing and labelling; (b) the manner of registration of an insecticide; (c) the functions of the Board and of the Registration Committee and the travelling and other allowances payable to members of the Board, the Registration Committee and any Committee of the Board; (d) the places at which insecticides may be imported and prohibit their import at any other place; (e) the form of application for registration of an insecticide and the particulars relating thereto; (f) [1]* * * the fee payable in respect of registration; (g) the manner of appeal to the Central Government under section 10 and the fee payable therefore; (h) the form of application for the grant of licence and the particulars relating thereto; (i) the form of licence, the conditions attached thereto and the fee payable therefore; (j) the period for which a licence may be renewed and the fee for such renewal; (k) the circumstances in which a licence may be varied or amended under sub-section (2) of section 14; 1. The words “the conditions of registration and” omitted by Act 24 of 1977, s. 9 (w.e.f. 2-8-1977). 15 ----- (l) the functions of the Central Insecticides Laboratory; (m) the qualifications, powers and duties of an Insecticide Analyst and an Insecticide Inspector; (n) the manner of testing or analysing the samples of any insecticide and the fee payable therefor; (o) the form in which intimation shall be given by an Insecticide Inspector under sub-section (5) of section 22 to a person from whom a sample of an insecticide is taken for test or analysis; (p) the form in which an Insecticide Analyst shall submit a report of his test or analysis to the Insecticide Inspector under sub-section (1) of section 24; (q) the protective clothing and equipment to be used by workers during the manufacture, formulation, transport, distribution and application of insecticides and other facilities to be provided to keep themselves and things supplied to them free from any contamination; (r) the use by the workers of any such protective clothing, equipment and other facilities; (s) the precautions to be taken against poisoning through the use or handling of insecticides; (t) the measures for detecting and investigating cases in which poisoning has occurred; (u) the facilities to be provided for ensuring first-aid treatment; (v) the instruction and training to be provided regarding the use of things supplied to the workers for ensuring their safety; (w) the facilities for medical examination of workers engaged in the manufacture or handling of insecticides; 1* * * * * (y) the equipment for, and method of, application of, an insecticide and the disposal of surplus material, washings and containers, following application; (z) the maintenance and inspection of records and returns; (za) the restrictions on storage of insecticides during transport or, otherwise along with articles of food; (zb) the maximum proportion of any insecticide which may be added to, or contained in, any preparation for domestic use and the restrictions thereon; (zc) the manner in which refusal to register an insecticide or cancellation of certificate of registration thereof may be notified; (zd) the officer or authority to whom the Central Government may delegate any of the powers and functions conferred on it by this Act; (ze) any other matter which has to be, or may be, prescribed. (3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session [2][or in two or more successive sessions, and if, before the expiry of the session immediately following the session or successive sessions aforesaid], both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. **37. Power of the State Governments to make rules.—(1) The State Government may, after** consultation with the board and subject to the condition of previous publication, by notification in the 1. Clause (x) omitted by Act 24 of 1977, s. 9 (w.e.f. 2-8-1977). 2. Subs. by s. 9, ibid., for certain words (w.e.f. 2-8-1977). 16 ----- Official Gazette, make rules for the purpose of giving effect to the provisions of this Act and not inconsistent with the rules, if any, made by the Central Government. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for— (a) the authority to which, the manner in which, and the fee on payment of which, an appeal may be filed under section 15 and the procedure to be followed by the appellate authority in disposing of the appeal; (b) the delegation of any of the powers and functions conferred by this Act on the State Government to any officer or authority specified by that Government. 1[(3) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature.] **38. Exemption.—(1) Nothing in this Act shall apply to—** (a) the use of any insecticide by any person for his own household purposes or for kitchen garden or in respect of any land under his cultivation; (b) any substance specified or included in the Schedule or any preparation containing any one or more such substances, if such substance or preparation is intended for purposes other than preventing, destroying, repelling or mitigating any insects, rodents, fungi, weeds and other forms of plant or animal life not useful to human beings. (2) The Central Government may, by notification in the Official Gazette, and subject to such conditions, if any, as it may specify therein, exempt from all or any of the provisions of this Act or the rules made thereunder, any educational, scientific or research organisation engaged in carrying out experiments with insecticides. 1. Ins. by Act 4 of 2005, s. 2 and the Schedule (w.e.f. 11-1-2005). 17 ----- THE SCHEDULE [See section 3(e)] LIST OF INSECTICIDES Acrylonitrile Aldrin (1:2:3:4:10:10—hexachloro-1:4:4a; 5:8; 8a-hexahydro-1:4:5:8-dimethanonaphthalene) Allethrin (allyl homologue of Cinerein I) Aluminium Phosphide Amiton Antu (Alpha-naphthyl thiourea) Aramite [2 (p-tert-butylphenoxy) ispropyl 1-2 chloroethyl sulphite] Barium Carbonate Barium Fluoro Silicate BHC (Benzene Hexachloride) (1, 2, 3, 4, 5, 6-hexachlorohexane) Bis-dimethylamino Fluorophosphine Oxide Calcium Arsenate Calcium Cyanide Captan (N-trichloromethylmercapto-4-cyclohexane), 1, 2-discarboximide Carbaryl (1-naphthyl-N-methyl carbamate) Carbon Disulphide Carbon Tetrachloride Chlorbenside (p-chlorobenzyl-p-chlorophenyl sulphide) Cholorobis ethyl amino triazine Chlordane (1, 2, 3, 4, 5, 6, 7, 8, 8-Octachlore-2, 3, 3a, 4, 7, 7a-hexahydro-4, 7-methanoindane) Chlorobenzilate (Ethyl 4, 4‟-dichlorobenzilate) Chlorothion (o, o-dimethyl-o-3-chloro-4-nitrophenyl thiono phosphate) Chloro-I.P.C Chloropicrin Chlorofenson (p-chlorophenyl-p-chlorobenzene sulphonate) S-(p-chlorophenylthio) methy-o-o-diethyl phosphorodithioate (Trithion) CIPC [isopropyl-N (3-chlorophenyl) carbamate] CMU (Manuron) Copper Arsenate Copper Cyanide Copper naphthanate Copper Sulphate Coumachlor [3-(a-acetony1-4-chlorobenzy1-4-hydroxy coumarin)] 18 ----- Copper Oxychloride Cuprous Oxide Dalapon (Sodium 2, 2, dichloropropionate) D-D mixture DDD (Dichloro Diphenyl Dichloroethane) DDT [a mixture of 1, 1, 1-trichloro-2, 2-bis (p-chlorophenyl) ethane and 1, 1, 1-trichloro-2 (o-chlorophenyl)-2 (p-chlorophenyl) ethane] DDVP (2, 2-dichlorovinyl dimethyl phosphate) Demeton-O (O, O-diethyl-S [(2-ethylthio)-ethyl] phosphorothioate) Demeton-S (O, O-diethyl-S [(2-ethylthio)-ethyl] phosphorothioate) Diazinon (O, O-diethyl-O [(2-isopropyl-6-methyl-4-pyrimidinyl] phosphorothioate) Dibrom (1, 2-dibromo, 1, 2, 2-dichloroethyl dimethyl phosphate) Dichlorophenoxy acetic acid (2, 4-D) Dieldrin (1 : 2 : 3 : 4 : 10 : 10-hexachloro-6 : 7-epoxy-l : 4a : 5 : 6 : 7 : 8 : 8a-Octahydro-1 : 4 : 5 : 8-dimethanonaphthalene) Dimethoate (O, O-dimethyl-S-(N-methylcarbamoyl methyl) phosphorodithioate) Dipterex (O, O-dimethyl-2, 2, 2-trichloro hydroxy ethyl phosphonate) DNOC (Dinitro-ortho-compound) (3 : 5-dinitro-o-cresol) EDCT mixture (Ethylene Dichloride Carbon Tetrachloride mixture) Ekatin Endrin (1, 2, 3, 4, 10-10-hexachloro-6, 7-epoxy-1, 4, 4a, 5, 6, 7, 8, 8a-Octahydre-1, 4-endo-endo, 5-8 dimethanonaphthalene) E.P.N. (O-ethyl-O-p-nitriphenyl benzene thiophosphonate) Ethyoxy ethyl mercury chloride Ethyl di-n-propylthio‟carbamate (Eptam) Ethyl mercury phosphate Ethyl mercury chloride Ethylene dibromide Ethylene Dichloride Fenson (Parachlorophenyl benzene sulphonate) Fenthion (3-methyl-4-methyl thiophenyl phosphorothionate) Ferbam (Ferric Dimethyl dithio Carbamate) Gusathion [O, O-dimethyl S (4-oxo-1, 2, 3-benzotriazinyl-3-methyl) phosphorothioate] Heptachlor (1, 4, 5, 6, 7, 8, 8-heptachloro-4-7-methano-3a, 4, 7, 7a-tetrahydroindene) HETP (Hexaethyl tetraphosphate) Hexachlorobenzene 1[Hirsutella species] 1. Added by G.S.R. 69(E), dated 5-2-2001. 19 ----- Hydrogen Cyanide Hydrogen Phosphide Lead arsenate Lime Sulphur (Calcium Polysulphide, water-free sulphur, calcium thiosulphate mixture) Lindane (gamma, B.H.C.) Malathion (S-(1, 2-Bis (ethoxycarbony1) ethyl) O, O-dimethyl-phosphoro-dithioate) Maleic hydrazide (1, 2-dihydropyropyridazine 3, 6-dione) Maneb Manganese ethylene bisdithiocarbamate MCPA-(4-chloro-2 Methyl phenoxy acetic acid) Mercuric Chloride Metaldehyde Metasystox Methoxychlor (1, 1, 1-trichloro-2, 2-di-p-methoxyphenylethane) Methoxy ethyl mercury chloride Methyl bromide Methyl demeton (Dimeton-methyl and Dimeton-Methyl) Methyl Mercury Chloride Methyl Parathion (O, O-dimethyl-O-p-nitrophenylthiophosphate) Metox (Chlorsulphicide) Nabam (Disodium ethylene-1, 2-bisdithiocarbamate) Nicotine sulphate Octa methyl pyrophosphoramide Para-dichloro benzene Parathion (O, O-diethyl-O-p-nitrophenylthiophosphate) Paris Green (Copper Aceto arsenite) Pentachloronitrobenzene (P.C.N.B.) Pentachlorophenol Phenyl mercury acetate Phenyl mercury chloride Phenyl mercury urea Phosdrine Phthalimidomethyl-O-O-dimethyl phosphorodithioate (Imidan) Piperonyl butoxide (butyl carbityl) (6-propyl piperonyl) ether O Pival (2-Pivalyl-indane 1-3 dione) Potassium Cyanide n-Propyl ethyl-n-butyl thiolcarbamate (Tillam) Pyrethrins (insectically active principles of Chrysanthemum cinerariaefolium) 20 ----- Rotenone Ryania Sodium fluoroacetate Sodium cyanide Sodium Fluoro Silicate Sulphur (wettable or colloidal sulphur) Strychnine Sulphoxide [1, 2-methylene-dioxy-4 (2-octylsulphinyl) propyl benyene] TCA (trichlor acetic acid sodium and ammonium salts) Tedion (tetrachlor diphenyl sulphone) TEPP (tetraethyl Pyrophosphate) Tetrachloro-p-benzoquinone Thanite Thiram [bis (dimethyl Thiocarbamyl) disulphide] Tolyl mercury acetate Trichlorphon Triorthocresyl Phosphate Thallium sulphate Thiometon Toxaphene (chlorinated camphene containing 67—69% chlorine) Trichlorophenoxy acetic acid (2, 4, 5-T) Warfarin (3-a-acetonyl benzyl-4-hydroxy-coumarin) Zinc Phosphide Zimet Zineb (Zinc Ethylene bis-dithiocarbamate) Ziram (Zinc dimethyl-dithiocarbamate) Zulate 1[Acrolein. . . . . . . . 2-Propenal or Acrylaldehyde Actellic (Pirimiphosmethyl). . 2-diethylamino-6-methylpyrimidin-4-yl dimethyl phosphorothionate Afugon. . . . . . . Diethyl methyl ethoxycarbonyl pyrazolo-pyrimidine-yl-phosphoroth onate Alachlor. . . . . . . 2-Chloro-2; 6‟-dienthyl-n-(methoxymethyl)-acetanilide Aldicarb. . . . . . . 2-methyl-2-(methylthio) propionaldehyde-o-(methylcarbamoyl) oxime Amidithion. . . . . . S-(N-2 methoxyethyl-Carlomoyl-methyl) phosphorothiolothionate 1. Ins. by G.S.R. 9(E), dated 9-1-1974. 21 |1[Acrolein. . . . . . . .|2-Propenal or Acrylaldehyde| |---|---| |Actellic (Pirimiphosmethyl). .|2-diethylamino-6-methylpyrimidin-4-yl dimethyl phosphorothionate| |Afugon. . . . . . .|Diethyl methyl ethoxycarbonyl pyrazolo-pyrimidine-yl-phosphoroth onate| |Alachlor. . . . . . .|2-Chloro-2; 6‟-dienthyl-n-(methoxymethyl)-acetanilide| |Aldicarb. . . . . . .|2-methyl-2-(methylthio) propionaldehyde-o-(methylcarbamoyl) oxime| |Amidithion. . . . . .|S-(N-2 methoxyethyl-Carlomoyl-methyl) dimethyl phosphorothiolothionate| ----- Bensulide. . . . . . . S-(O, O-Di-isopropyl phosphorodithionate) cester with N-(2-mercaptoethyl) benzene Sulphenamide Binapacryl. . . . . . . 2-(1-methyl-n-propyl)-4, 6-dinitrophenily-2-methylcrotonate Bromacil. . . . . . . 5-bromo-6-methyl-3-(1-methylpropyl) uracil Brompyrazen. . . . . . 5-amino-4-bromo-2-phenylpyridazin-3-one Bromoxynil. . . . . . 3, 5-dibromo-4-hydroxybenzonitrile Brozone. . . . . . . Methyl bromide & chloropicrin in petroleum solvent Buturon. . . . . . . 3-(4-chlorophenyl)-1-methyl-1 (1-methyl prop-2-ynyl) urea Butylate. . . . . . . S-ethyl-N, N-diisobutylthiocarbamate Bux. . . . . . . . Mixture of m-(1-methyl butyl) phenylmethyl carbamate and m-(1-ethyl propyl) phenyl methyl carbamate Cadmium based compounds. . (Cadmium chloride, Cadmium sulphate, Cadmium succinate) Captafel. . . . . . . N-O (1, 1, 2, 2-tetrachloroethylthio) cyelohex-4-ene-1 2-dicarboxymide Carbefuran. . . . . . 2, 3-dihydro-2, 2 : dimethyl-7-benzofuranyl methylcarbamate Carbophenothion. . . . . S-[(p-Chlorophenylthio)-methyl]-o, o-diethyl phosphorodithioate Carboxin (DCMO). . . . 5, 6-Dihydro-2-methyl-1, 4-oxathiin-3-carboxanilide Chinomethionate. . . . . 6-methyl-2-oxo-1, 3-dithio (4, 5-b) quinoxaline Chloramben. . . . . . 3-amine-2, 5-dichorobenzonic acid Chlorbufam (BIPC). . . . 1-methyl-2-propynyl-m-chlorocarbanilate Chlorfenyinphos. . . . . 2-chloro-1 (2, 4-dichlorophenyl)-Vinyl diethylphosphate Chloromequate chloride. . . (2-chloroethyl) trimethyl ammonium chloride Chloroneb. . . . . . 1, 4-dichloro-2, 5-dimethexybenzine Chlorpropane. . . . . . Chloropropane Chloroxur-n. . . . . . N-4-(4-Chlorophenoxy) phenyl-NN-dimethyl-ureat Citicide. . . . . . . Chlorinated turpene 22 |Amitrole. . . . . . .|3-Amino-1, 2, 4-triazole| |---|---| |Ammonium Sulphamate. . .|Ammonium Sulphamate| |Asulam. . . . . . .|Methyl-N (4-aminobenzenesulphonyl) carbamate| |Atrazine. . . . . . .|2-Chloro-4-ethylamino-6-isopropylamino-1, 3, 5-trizine| |Aureofungin. . . . . .|Aureofungin| |Azinphos-ethyl. . . . . .|S-(3, 4-dihydro-4-oxobenzo-(d)-(1, 2, 3)-triazin-3-ylmethyl) diethyl phosphorothiolothionate| |Barban. . . . . . .|4-chloro-2-ynyl-3-chlophenyl carbamate| |Barium Polysulphide. . . .|Barium Polysulphide| |Bassa. . . . . . . .|O-Secondary-butylphenylmethyl carbamate| |BCPE (Chlorphenithel). . .|1, 1-bis-(4-Chlorophenyl)-ethanol| |Benomyl. . . . . . .|M ethyl-N-benzimidazol-2-yl-N (butylcarbemoyal carbamate)| |Bensulide. . . . . . .|S -(O, O-Di-isopropyl phosphorodithionate) cester with N-(2-mercaptoethyl) benzene Sulphenamide| |Binapacryl. . . . . . .|2-(1-methyl-n-propyl)-4, 6-dinitrophenily-2-methylcrotonate| |Bromacil. . . . . . .|5 -bromo-6-methyl-3-(1-methylpropyl) uracil| |Brompyrazen. . . . . .|5 -amino-4-bromo-2-phenylpyridazin-3-one| |Bromoxynil. . . . . .|3, 5-dibromo-4-hydroxybenzonitrile| |Brozone. . . . . . .|M ethyl bromide & chloropicrin in petroleum solvent| |Buturon. . . . . . .|3-(4-chlorophenyl)-1-methyl-1 (1-methyl prop-2-ynyl) urea| |Butylate. . . . . . .|S -ethyl-N, N-diisobutylthiocarbamate| |Bux. . . . . . . .|Mixture of m-(1-methyl butyl) phenylmethyl carbamate and m-(1-ethyl propyl) phenyl methyl carbamate| |Cadmium based compounds. .|(Cadmium chloride, Cadmium sulphate, Cadmium succinate)| |Captafel. . . . . . .|N -O (1, 1, 2, 2-tetrachloroethylthio) cyelohex-4-ene-1 2-dicarboxymide| |Carbefuran. . . . . .|2, 3-dihydro-2, 2 : dimethyl-7-benzofuranyl methylcarbamate| |Carbophenothion. . . . .|S-[(p-Chlorophenylthio)-methyl]-o, o-diethyl phosphorodithioate| |Carboxin (DCMO). . . .|5, 6-Dihydro-2-methyl-1, 4-oxathiin-3-carboxanilide| |Chinomethionate. . . . .|6-methyl-2-oxo-1, 3-dithio (4, 5-b) quinoxaline| |Chloramben. . . . . .|3-amine-2, 5-dichorobenzonic acid| |Chlorbufam (BIPC). . . .|1-methyl-2-propynyl-m-chlorocarbanilate| |Chlorfenyinphos. . . . .|2-chloro-1 (2, 4-dichlorophenyl)-Vinyl diethylphosphate| |Chloromequate chloride. . .|(2-chloroethyl) trimethyl ammonium chloride| |Chloroneb. . . . . .|1, 4-dichloro-2, 5-dimethexybenzine| |Chlorpropane. . . . . .|C hloropropane| |Chloroxur-n. . . . . .|N-4-(4-Chlorophenoxy) phenyl-NN-dimethyl-ureat| |Citicide. . . . . . .|Chlorinated turpene| ----- Decazolin. . . . . . . 1-(alpha, alpha-dimethyl-beta-acetoxypropionyl-3-isopropyl-2, 4-dioxodeoa-hydroquinazoline DEET. . . . . . . . N, N-Diethyl-m-toluamide Dibromochloropropane. . . 1, 2-dibromo-3-chloropropane Dicamba. . . . . . . 3, 6-dichloro-2-methoxybenzoic acid Dichlobenil. . . . . . 2, 6-dichlorobanzo nitrile Dichlofenthion. . . . 0-(2, 4-dichlorophenyl) O, O-diethyl phosphorothioate Dichlone. . . . . . . 2, 3-dichloro-1, 4-naphthoquinone Dichloropropane. . . . . 1, 3-dichloropropane Dicloran. . . . . . . 2, 6-dichloro-4-nitroaniline Dicofol. . . . . . . 2, 2, 2-trichloro-1, 1-di-(4-chlorophenyl) ethanol Dicrotophos. . . . . . Dimethyl phosphate ester with (E)-3-Hydroxy-N, N-dimethyl-crs crotonamide dimethyl phosphate 2, 4-D B. . . . . . . 4-(2, 4-Dichlorophenoxy) butyric acid Difenphos (Abate). . . . O.O.O‟, O‟-Tetramethyl O, O‟-thiodi-p-phenylene phosphorothioate Dikar. . . . . . . . A blend of Dithane M-45 and Tech. Karathane Dimas (Alar). . . . . . N-dimethylamino suceinic acid Dinocap. . . . . . . Mixture of 4 & 5 parts of 2, 4-dinitro-6-octophyany1 crotonates to 2 parts of the isomer of 2, 6 dinitro-4-octylphenyl crotonates Dinoseb. . . . . . . 2, 4-dinitro-6-S-butylphenol Dinoseb acetate. . . . . 2, 4-dinitro-6-S-butylphenol acetate Dioxathion. . . . . . S-S-1, 4-dioxane-2, 3-ylidene (bis) o, o-diethyl phos phosphorothiolothionate Diphacinene. . . . . . 2-diphenylacetyl 1, 3-indanediene Diphenamid. . . . . . NN-dimethyl-2, 2-diphenylacetamide 23 |Citowett. . . . . . .|Alkylarylpolyglykelether| |---|---| |Clonitralid. . . . . .|5, 2-dichloro-4‟nitro-salicylic-anilide-ethanolamine| |Copper Hydroxide. . . .|Copper Hydroxide| |Coumafuryl. . . . . .|3-(a-Acetonylfurfuryl)-4-hydrocyceumarine| |Coumaphos. . . . . .|3-Chloro-4-methyl-7-coumarinyl diethyl phosphorothionat| |Coumatetralyl. . . . . .|4-hydroxy-3-(1, 2, 3, 4-tetraphydro-1-naphthyl) coumarin| |Coyden. . . . . . .|3, 5-dichloro-2, 6-dimethyl-4-pyridinol| |CPAS. . . . . . . .|4-Chlorophenyl, 2, 4, 5-trichlorophynylazosulphide| |Cyclomorph. . . . . .|N-Cyclodedecyl-2, 6-dimethyl-morpholinacetate| |Cycluren (OMU). . . . .|N ‟-Cycle-octyl-N-N-dimethyl urea| |Cytrolane. . . . . . .|2 -(diethoxy phosphraylimino)-4-methyl-1, 3-dithiolane| |Decarbofuran. . . . . .|2 , 3-dihydro-2-methylobenzofuren-7-yl-methyl carbamate| |Decazolin. . . . . . .|1 -(alpha, alpha-dimethyl-beta-acetoxypropionyl-3-isopropyl-2, 4-dioxodeoa-hydroquinazoline| |DEET. . . . . . . .|N, N-Diethyl-m-toluamide| |Dibromochloropropane. . .|1, 2-dibromo-3-chloropropane| |Dicamba. . . . . . .|3, 6-dichloro-2-methoxybenzoic acid| |Dichlobenil. . . . . .|2, 6-dichlorobanzo nitrile| |Dichlofenthion. . . .|0-(2, 4-dichlorophenyl) O, O-diethyl phosphorothioate| |Dichlone. . . . . . .|2, 3-dichloro-1, 4-naphthoquinone| |Dichloropropane. . . . .|1, 3-dichloropropane| |Dicloran. . . . . . .|2, 6-dichloro-4-nitroaniline| |Dicofol. . . . . . .|2, 2, 2-trichloro-1, 1-di-(4-chlorophenyl) ethanol| |Dicrotophos. . . . . .|Dimethyl phosphate ester with (E)-3-Hydroxy-N, N-dimethyl-crs- crotonamide dimethyl phosphate| |2, 4-D B. . . . . . .|4-(2, 4-Dichlorophenoxy) butyric acid| |Difenphos (Abate). . . .|O.O.O‟, O‟-Tetramethyl O, O‟-thiodi-p-phenylene phosphorothioate| |Dikar. . . . . . . .|A blend of Dithane M-45 and Tech. Karathane| |Dimas (Alar). . . . . .|N-dimethylamino suceinic acid| |Dinocap. . . . . . .|Mixture of 4 & 5 parts of 2, 4-dinitro-6-octophyany1 crotonates to 2 parts of the isomer of 2, 6 dinitro-4-octylphenyl crotonates| |Dinoseb. . . . . . .|2, 4-dinitro-6-S-butylphenol| |Dinoseb acetate. . . . .|2, 4-dinitro-6-S-butylphenol acetate| |Dioxathion. . . . . .|S-S-1, 4-dioxane-2, 3-ylidene (bis) o, o-diethyl phos phosphorothiolothionate| |Diphacinene. . . . . .|2-diphenylacetyl 1, 3-indanediene| |Diphenamid. . . . . .|NN-dimethyl-2, 2-diphenylacetamide| ----- |Disulfoton. . . . . .|diethyl s-[2-(ethylthio) ethyl] phosphorothiolothionate| |---|---| |Diuron. . . . . . .|N‟-3- (4-dichlorophenyl)-NN-dimethylurea| |DMPA. . . . . . .|O-(2, 4-Dichlorophenyl) O‟ methyl N-isopropyl-phosphoromidithicate| |Dodine. . . . . . .|Dodecylguanidine-monoacetate| |Dodomorph. . . . . .|4-Cyclododeeyl-2, 6-dimethyl-morpholine| |Drat (Chlorophacinone). . .|2-(a-P-Chlorophenyl-a-pheylacetyl) indane-1, 3-dione| |DSMA. . . . . . .|Disodium methanearsonate| |Dursban. . . . . . .|O, O-diethyl O-(3, 5, 6-trichloro-2-pyridyl) phosphorophorothioate| |Dusting Sulphur. . . . .|| |Ediphenphos. . . . . .|O-ethyl-s, s-diphenyl-dithiophosphate| |Endosulfan. . . . . .|6, 7, 8, 9, 10, 10-hexachloro-1, 5, 5a, 6, 9, 9a hexahydro-6, 9-methano- 2, 4, 3-benzo (e)-dioxathiepin-3-oxide| |Endothall. . . . . . .|7 oxabicylo (2, 2, 1)-heptane-2, 3-dicarboxylate| |E P T C. . . . . . .|S-ethyl-dipropylthiocarbamate| |Erbon. . . . . . . .|2-(2, 4, 5-trichlorophenoxy) methyl 2, 2-dichloropropionate| |Ethion. . . . . . .|Tetraethyl SS‟ methylene bis phospherothiolothionate| |Ethrel. . . . . . . .|2-chloroethane phosphonic acid| |Fenac. . . . . . . .|Sodium 2, 3, 6-trichlorophenylacetate| |Fenazeflor. . . . . . .|Phenyl 5, 6-dichlore-2-trifluoromethyl benzimidazole-1-carboxylate| |Fenitrothion. . . . . .|dimethyl 3-methyl-4-nitrophenyl phosphorothionte| |Fensulfothion. . . . . .|d iethyl 4-(methyl sulphinyl) phenyl phosphorothionate| |Fentinacetate. . . . . .|triphenyltin acetate| |Fentin chloride. . . . .|triphenyltin chloride| |Fentin-hydroxide. . . . .|triphenyltin hydroxide| |Folex. . . . . . . .|SSS-Tributyl phosphorotrithioate| |Formethion. . . . . .|S-(N-formyl-N-methylcarbamoyl methyl) OO-dimethyal phosphorodithioate| |Fonofos (Dyfonate). . . .|O-ethyl-s-phenyl ethyl phosphorodithioate| |Fujithion. . . . . . .|O, O-Dimethyl-s-Parachlorophenyl phosphorothis| |Gibberellins. . . . . .|Gibberellic acid| |Herban. . . . . . . .|3-5-3-a, 4, 5, 6, 7, 8, 8-a-hexahydro-4, 7-methanoindanyl)-1, 1-dimethyl urea| |Indole Acetic & Butyric Acids. . . . . . . .|Indole Acetic Acid, Indole Butyric acid| |loxynil (Pantrol) . . . . .|3, 5-di-iodo-4-hydroxy benzenitrile| |Isobenzan. . . . . . .|1, 3, 4, 5, 6, 7, 7, 7-Octachloro-1, 3, 3a, 4, 7, 7a-hexahydro-4, 7, methanois olbenzofuran| 24 ----- |Isononuron. . . . . .|N‟ (hexahydro-4, 7, methanoindan-1-yl) NN-dimethyl urea| |---|---| |Kitazin. . . . . . .|O-O-Di-isopropyl-s-Benzyle thiophosphate| |Lenacil. . . . . . .|3-cyclohexyl-5, 6-trimethyleneuracil| |Linuron. . . . . . .|N-(3, 4-dichlorophenyl)-N-methoxy-N-methylurea| |Lucel. . . . . . . .|5, 6, 7, 8-tetrachloroquinecxaline| |Machete (Butachlor). . . .|(2-chloro-2‟, 6‟-diethyl-N-(Butoxymethyl)-acetanilide)| |M. C. P. B. . . . . . .|4-(4-Chloro-2-methylphenoxy) butyric acid| |Menazon. . . . . . .|S-(4-, 6-diamino-1, 3, 5-triazin-2-yl methyl) dimethyl- phosphorothiolothionate| |Methamidophos. . . . .|O-S-dimethylester amide of thiphosphoric acid| |Metam Sodium. . . . .|N-methyldithiocarbamic acid| |Methomyl. . . . . . .|S-methyl N-((methylcarbamoyl) oxy) thioacetimidate| |Methylmetiram. . . . .|Ammonium complex with Zn-(N‟ N-1, 2-propylenebis- (dithiocarbamate) and N‟, N‟-Poly-1, 2-propylene-bis (Thiocarbamoyl)- di-sulphid| |Metiram. . . . . . .|Ammonium complex with Zn-(N, „N-1, 2-Ethylenebis, (dithiocarbamate) and N‟-N‟-Poly-1, 2-propylene-bi (Thiocarbamoyl)- disulphid| |Metoxuron. . . . . .|N‟ (3-chloro-4-methoxyphenyl)-N, N-dimethyl urea| |Mevinphos. . . . . .|2-methoxy carbonyl-1-methyl vinyl dimethyl phosphate| |MIPCIN. . . . . . .|2-inpropylphenyl-N-methyl carbamate| |Menap. . . . . . . .|O-Ethyl S, S-dipropyl phosphordithioate| |Molinate. . . . . . .|S-Ethyl-N-hexaphydro-1 H-azepinuthiolcarbamte| |Monocrotophos. . . . .|3-Hydroxy-N-methyl-crotonamide dimethyl phosphate| |Monolinuron. . . . . .|N-(4-chlorophenyl)-N-Methoxy-N-methyl urea| |MSMA. . . . . . .|Monosodium methaearsonate| |Neled. . . . . . . .|1, 2-dibromo-2, 2-dichloroethyl dimethyl phosphate| |Naphythylacetic acid. . .|Naphthylacetic acid and its derivations| |Naburon. . . . . . .|1-Butyl-3-(3-4-dichlorophenyl)-1-methyl urea| |Nemafos (Thinonzim). . .|O, O-diethyl C-2 pyrazinyl phosphorothioate| |Neopynamin. . . . . .|3, 4, 5, 6-tetrahydro-phthalimidomethyl chrysauthanate| |Nickel Chloride. . . . .|Nicke1 Chloride| |Nitrofen. . . . . . .|2, 4-dichlorophenyl 4-nitrophenyl ether| |Omethoate. . . . . .|dimethyl 8 (N-methyl-carbamoylmethyl) phosphorothioate| |Orthane. . . . . . .|O, S-Dimethyl N-acetyl phosphoramidothioate| |Oxapyrazon. . . . . .|(5-bromo-1, 6-dithydro-6-oxo-1-phenyl-4-pyridazinyl Oxamicacid- compound with 2 dimethyl aminoethanol (1 & 1).]| 25 ----- |1[Methabenzthiazuron|1-3, Dimenthyl-3 (z-benzothiozolyl) urea].| |---|---| |2[1. Streptomycin|| |2. Tetracyclines|| |3. Turbuteryne|(2-terbuty-lamino-4-ethylamino-6-methyl-thio S-hiazine).| |4. Glyphosate|(N-(Phosphonomethyl) glycine) present is isopropylamine salt.| |5. Bacillus thuringiensis ]|| |3[1. Amitraz|2-methyl-1, 3-di (2-4-xylylimino) 2-azapropane.| |2. Bendiocarb|2, 2-dimethylbenzo-I, 3-dioxol 4-yl, methyl carbamate.| |3. Benzoylprop-ethyl|ethyl N-benzoyl-N-(3-4-dichlorophenyl) DL alaninate.| |4. Cyanazine|2-(4-chloro-6-ethylamino 1, 3, 5-triazin 2-ylamino)-2methyl propionitrile.| |5. Etrimfos|O-6-ethoxy-2-ethyl-4-pyrimidinyl) O, O-dimethyl phospho-rothioate.| |6. Glyodin|2-heptadecyl 3, 4-dihydro-1 H-imidazolyl acetate.| |7. Oxadiazon|3-(2, 4-dichloro-5-(1-methylethoxy) phenyl) 5-(1, 1-dime-thylethyl)-1, 3, 4-Oxadiazol-2 (3H) one.| |8. Oxyfluorfen|2-choloro-1 (3-ethoxy-4-nitrophenoxy) 4-trifluormethyl) benzene.| |9. Propetamphos|(E)-O-2-isopropoxy carbonyl-1-methyl vinyl-o-mythyl ethy- phosphoramidothioate.| |10. Scilliroside|3 B, 6B-6-acetyloxy-3 (B-D-glucopyrano-syloxy) 8, 14-dihydroxybufa- 1, 20, 22, trienolide.| |11.Thiocyclam (hydrogenoxalate)|N, N-dimethyl-1, 2, 3-trithian-5-amine hydrogenoxalate.| |12. Vinclozolin|| |13. Benodanil|2-Iodo-N-phenylbenzamide.| |14. Diclofop-methyl|2-(4-(2,4-dichlorophenoxy)phenoxy)propanoic acid.| |15. Metalaxyl methyl|(2-methoxyacetyl) N-2, 6-xylyl)DL alaninate.| |16. Pendimethain|N-(I-ethyl propyl)3, 4-dimethyl 2, 6-dinitro-benzeneamin.| 1. Ins. by G.S.R. 823 (E), dated 28-9-1976. 2. Ins. by G.S.R. 200(E), dated 29-3-1978. For certain entries-See G.S.R. 32 (E) dated 12-2-1980. 3. Ins. by G.S.R. 501 (E), dated 17-7-1982. 26 ----- |17. Fosethyl Aluminium|Aluminium tris (ethyl-phosphonate).| |---|---| |18. Thiabendazole 20. TCMTB|4-n-butyl-4H-1, 24- triazole. 2-(thicyanomethylathio) benzothiazole.| |21. Bromadiolone|3-3-4' bromol, 1-biphenyl 4-y-3 hydroxy-I-phenyl propyl 4-hydroxy-2 H-1-benzopyran-2 one.]| |1[1. Benthiocarb|S(4-chlorobenzyl)N, N-dicthylthiol carbamate.| |2. Cypermethrin|ac-cyano-3-phenoxybenzyl-2, 2- dimethyl-3(2, 2-dichlorovinyl) cyclo- propane carboxylate.| |3. Decamethrin|(S) ac-cyano-m-phenoxybenzyl (IR, 3R)-3(2, 2-dibromoviny) dimethyl cyclopropane carboxylate.| |4. Fenvalerate|ac-cyano-m-phenoxybenzyl oc isopropyl-p-chlorophenyl ace tate.| |5. Permethrin|3-phenoxy benzyl (+-cis, trans 3-(2, 2-dischlorovinyl)-2,2- dimethyl- cyclopropane carboxylate.| |6. Tetrachloroiophthalonitrile|1, 2, 4-Trichloro-3, 5-dinitrobenzene.]| |2[Bromophos|O-(4-bromo-2, 5-dichlorophenyl)OO-di-methyl phosphoroithioate.| |Bromophes ethyl|O-(4-bromo-2, 5- dichlorophenyl) OO-di-ethyl phosphorothioate.| |Cartap|3-di (carbamoylthio)-2-dimethylaminopropane.| |Dichlorophen|5,5-dichloro 2, 2, dihydroxy diphenyl methane.| |(Antiphen)|| |Dinobuton|Isopropyl-2(1-methyl-n-propyl)-4, 6- dinitrophenyl carbonate.| |Dithianon|2, 3-dicano-1, 4-dithia-an tharquin-one.| |Ethyl formate|Ethyl formate.| |Fenfuram|2-methyl furan-3 carboxanilide.| |Glyphosine|N,N-bis (phosphonomethyl)glycine.| 1. Ins. by G.S.R. 500(E)/85 -Gaz. of India, 18-6-1985, Pt.II-S. 3(i), Ext., p. 2(No. 249). 2. Ins. by G.S.R. 32(E)/80. 27 ----- |Guazatine|1.17-diguanindion-9-azahepta decane.| |---|---| |Isofanphos|O-ethyl-o-(2-isopropoxy-carbonyl)phenyl isopropyl phosphoramidothioate.| |Isoproturon|N, N-dimethyl-N-4-isopropyl phenyl urea.| |Magnesium|phosphide Magnesium phosphide.| |Matribuzin|4-amino-6-tort, butyl-3-(methyl thio)-1,2,4-triazin-5-(4H)-One.| |Triadimefon|1-(4-chlorophenoxy)-3, 3-dimethyl-1-(1H-1, 2, 4-tridzol-1-yl(-2- butanone.| |Triforine|1, 4-di-(2,2, 2-trichlord-1-formamidoethyl)-piperazine.| |Vacor|N-3 pyridyl methyl-N-pnitrophenyl urea.]| |1[1. Amirtaz|2-methyl-1, 3-di-(2-4-xylylimino)2-azapropane.| |2. Bendiocarb|2, 2-dimethylbenzo-1, 3-dioxol 4-yl methly carbamate.| |3. Benzolyprop|-ethyl ethl N-benzoyl-N-(3, 4-dichlorophenyl)-DL alaminate.| |4. Cyanazine|2(4-Chloro-6-ethylamino-1, 3, 5-triazin-2-ylamino)-2-methyl proplonitrile.| |5. Etrimfos|0-(6-ethoxy-2-ethyl-4-pyrimldinyl) O. O-dimethyl phosphorothioate.| |6. Glyodin|2-heptadecyl-3, 4-dihydor-1H-imidazoly acetate.| |7. Oxadiazon|3-(2, 4-dichloro-5-(-methylethoxy) phenyl)-5-(I), 1-methylethyl)-1,3,4- oxadazol-2(3H)-one.| |8. Oxyfluorfen|2-Choloro-1-(3-ethoxy-4-nitrophenoxy) 4-trifuluormethyl) benzene.| |9. Propetamphos|(E) -o-2-isopropoxycarbonyl-1-methyl vinyl-O-methyl ethylpho phoramidothioate.| |10. Scilliroside|3B, 6B-6-accetyloxy-3-(B-D-glucopyranosyloxy) 8, 14-dihy- droxybufa-1, 20,22, trienolide.| |11. Thiocyclam|(hydrogenoxalate N, N-dimethyl-1, 2, 3-trithian-5-amine hydrogenoxalate.| |12. Vinclozolin|3-(3, 5-dichlorophenyl)-5-ethenyl-5-methyl-2, 4-oxazolldenedione.| 1. Ins. by G.S.R. 501(E)/82. 28 ----- |13. Benodanil|2-Iodo-N-phenylbenzamide.| |---|---| |14. Diclofop|-methyl 2-(4-(2,4-dichlorophenoxy) phenoxy)-propanoic acid.| |15. Metalaxyl|methyl-(2-methoxyacetyl)N-2, 6-xylyl)-DL-alaninate.| |16. Pendimethalin 17. Fosethl|N-(1-ethuyl propyl]-3, 4-dimethyl-2, 6-dinitrobenzeneamin. Aluminium tris (ethyl-phosphonate).| |18. Thiabendazole|2(4-Thiazoloyl)-benzimidazole.| |19. Butrizol|4-n-butyl-4H-1, 24-triazole.| |20. TCMTB|2-(Thicyanomethyl-thio)zothiazole.| |21. Bromadiolone|3-3-4-bromol, 1-biphenyl-4-Y-3 hydroxy-1-phenyl propyl-4-hydroxy-2, H-1-benzopyran-2-one.]| |1[Flucythrinate|-RS-(Cyano-3-3-Phenoxy benzyl(s)-2-4-difluomethoxy phenyl)- methylbutyrate.| |Triazophos|O, O-diethyl O-1-phenyl-1, 2-4 triazol-3 ylphosphorothioate.| |Diflbenzuron|1-(4-chlorophenyl)-3(2), 6-difluorobenzoyal) urea.| |Bitertanol|B-(1, 1-biphenyl)4-yloxy)L(1,1-dimethylethyl(-IH-1, 2, 4-triazole- ethrool.| |Sethoxydim|2, 1-(ethoxymine) butyl-5 (2-ethylthiopropyl)-3-hydroxy-2 cyclothexen-1-one.| |Brodifacoum|3-(3-(4'-bromobiphenyl-4-yl)-1, 2, 3, 4-tetrahydor-1-naphthyl)- 4hydroxycoumarin.| |Methoprene|Isopropyl (@E, $E)-II-methoxy-3, 7, 11-trimethyl-2, 4- dodecadienoate.]| |2[Phenamiphons|ethyl 4-methylthio-m-tolyl.| |(Fenamiphos)|isopropylphosphoramidate.| |Ametryne|N-ethyl-N1-(1-methylethyl)-6-(methylthio)-1,3,5-triazine-2, 4-diamine.| |Prometryne|N, Ni-bis (1-methylethyl)-6-(methylthio)-1, 3, 5-triazine-2, 4-diamine.| 1. Ins. by G.S.R. 500(E)/85 -Gaz. of India, 18-6-1985, Pt.II-S. 3(i), Ext., p. 2(No. 249). 2. Ins. by G.S.R. 31 (E)/87-Gaz. of Ind., 15-1-87, Pt, II-S. 3(i), Ext., p.2 (No. 26). 29 ----- |Fluazifop|RS : 2-[4-(5-trifluoromethyl-2-pyridyloxy) phenoxy] propionic acid.]| |---|---| |1[BORICACID|Ortho :-boric acid.| |BROMOPROPYLATE|Isopropyl 4, 4-dibromobenzilate.| |RESMETHRIN AZAMETHIPHOS|5-benzyl-3-furylmethyl (IRS, 3RS, ISR)-2, 2-dimethyl-3-(2- methylprop-i-enyl)cyclopropanecarboxylate. S-6 Chloro-2, 3-dihydro-2-oxo-oxazolo (4, 5-b) pyridine-3- ylmethyl O, O-dimethyl ph-phorothiate.| |METOLACHLOR|2-chloro-6'-ethyl-N-(2-methoxyl-1-methylethyl) accetotoluidide.| |VALIDAMYCIN A|II-(1, 3, 4/2, 6)-2,3 dihydro xy-6 hydroxymethyl-4(IS, $R, %S, ^S)-4, 5, 6-trihydroxy 3-hydroxymethycyclohex-2-enylamino cyclothexyl-B-D- glucopyranoside.| |HALOXYFOP METHYL|Methyl 2-(4-((3-chloro-5-(trifluoromethyl-2-pyridinyl)oxy) phenoxy) Propaonate.| |PIMARICIN|(8E, 14E, 16E, 18E, 20E)-(1S, 3R, 5S, 7S, 12R, 24R, 25S, 26R), -22- (3 amino 3-3- dideoxy-B-D-mannopyranosyloxy)-1, 3, 26-trihydroxy-12- methyl-10-oxo-6, 11, 28-trioxatricyclo (22.3.1.05.7) octacosa-8, 14, 16, 18, 20-pentaene-25-car-boxylic acid.| |CYHALOTHRIN|(RS)-a-cyano-3-phenoxybenzyl (Z)-(IRS, #RS)-2-choloro-3.3. 3- trifluoropropenyl)-2, 2-domethylcyclopropane-carboxylate.| |CHOLECALCIREROL|9, 10-seocholesta-5, 7, 10 (10)-trein-3 betaol; activate 7- dehydrocholeserol.| |TOLCLOFOS-METHYL|O-(2, 6-dichloro-4-methylphenyl) O, O-dimethyl phosphorothioate.| |PIPEROPHOS|S-2 methylpoperidincoarbonyl-methyl O, O-dipropyl- phosphorodithioate.| |CHLORPYRIPHOSMETHYL|O, O-dimethyl O-3, 5, 6-trichloro-2-pyridylphospho-rothioate.]| |2[1. CYPERMETHRIN|(SIR-Cis-and (IUPAC) (S)-alpha-cyano 3- phenoxybenzyl (IR, 3R)-3- RIS-Cis-isomer) (2, 2-dichloririnyl)-2 2 dimethyl cyclopropane Carboxy-| |(ALPHAMETHERIN)|late & (r) alpha-cyano-3-phenoxybenzyl (IS, 3S)-3-(2, 2- dichlorovinyl)2, 2-dimethyl cyclopropane carboxylate| |2. BENFURACARD|(IUPAC) Ethyl N-(2, 3-dihydro-2, 2-dimethyl benzofuron-7-yl oxyocarbonyl (methyl) aminothio - N-isopropyl B-alaninate| |3. CYPHENOTHRIN|(IUPAC) (RS)-O-cyano-3- phenoxybenzyl (IR)-Cis, trans- chrysanthemate| 1. Ins. by G.S. R. 511 (E)/87-Gaz. of Ind., 22-5-1987, Pt. II-S.3(ii), Ext., p.2 (No. 249). 2. Ins. by G.S.R. 858 (E)/88-Gaz. of Ind., 12-8-88, Pt. II-S.39i) Ext. p. 2 (No. 439). 30 ----- |4. CYFLUTHRIN|(IUPAC) Cyano-(4-fluro 3-penoxyphenyl) methyl 3-(2, 2- dichloroethenyl)-2, 2-dimethyl-cyclopropanx carboxylate| |---|---| |5. DIMETHAZONE|(IUPAC) 2-(2-CHLOROPHENYL 4-4 dimethyl-3-isoxazolidi-none)| |6. DIENOCHLOR|(IUPAC) Perchloro-1-bicyclopenta-2, 4-dience| |7. EPHOFENPROX|2-(4-ethroxyphenyl)-2-methylpropyl-3-phenoxybenzyl ether| |8. FLOCOUMAFEN|4-hydroxy-3-(1, 2, 3, 4, -tetrahydro-3-(4-4 trifluromethyl benzyloxy)- phenyl)-1-napthy) coumarin) mixture of Cis & transisomers| |9. FENARIMOL|(IUPAC) (+)-2,4-dichloro-a-(Pyrimidin-5yl) benzhydryl alcohol| |10. FLUROXYPYR|(IUPAC) 4-amino-3, 5-dichloro-6-fluro-2-phyridyloxy acetic acid| |11. FLUFENOXURON|1-(4-2-chloro-4-2chloro-4-(trifluoromethly) phenoxy -2fluorophenyl) 3- (2-6-difluorobenzoyl) urea| |12. FOLPET|(IUPAC) N-(trichloromethylthio) phthalimide| |13. CLOPYRALID|(IUPAC) 3, 6-dichloropyridine-2-carboxyclic acid| |14. MYGLOBUTANIL|(IUPAC) 2-P-Chlorophenyl 2-(1H-1, 2, 4-triazol-1-yl-methyl)-0- dimethyl ) hoxaneritriale| |15. METHEDATHION|S-2, 3-dithydro-5-methoxy-2-oxo-1, 3, 4-thiadizol-3-yl-methyl 0-0 dimethyl phosphorodithioate| |16. OXADIXYL|(IUPAC) 2- methoxy-N-(2-oxo-1, 3- oxazolidin-3yl) acet-2, 6-xylidide| |17. PENCONAZOLE|(IUPAC) 1-(2, 4-dichloro-B-propylphenethyl)-1 H-1, 2, 4,-triazole| |18. PRETILACHLOR|(IUPAC) 2-chloro-2, 6-diethyl-N(2-propoxyethyl) acetanilide| |19. PRALLETHRIN|RS-2-methyl-3-(2-propynyl) 4-oxocyclopen-2-enyl (IR)- Cis, trans- chly-santhemal| |20. PYRIDATE|(IUPAC) 6- chloro-3-phenyl pyridazin-4yl S-octv thiocarbonate| |21. PYROOUILON|| |22. PYRIDAPHENTHION|| |23. SULPROFOS|| |24. SEBUPHOS|| |25. THRIADIMENOL|| |26. TRICYCLAZOLE|| 31 ----- |27. TRIDIPHANE|Col2| |---|---| |1[Ammonium Copper Sulphate|Ammonium Copper Sulphate.| |Benalaxyl|Methyl-N-phenyl acety-N-2, 6-xylyl DL-alaninate.| |Bensulfuronmethyl|Methyl-2-(((4, 6-dimethoxy-pyrimidin-2 yl) amino) Carbonyl) amino)- sulphonyl)-methyl)benzoate. Bifenthrin (z)-IR)-cis (3)-IS)-cis 2- methylbiphenyl-3-yhmethyl (z)-(IRS, 3(RS)-2-(2-chloro-3, 3, trifluoroprop-1-enyl)-2, 2-dimethyl cycle propanecarboxylate 2-tert- butylimino-3-isoprophyl-5-phenyl-1, 3, 5-thiadiazinon-4-one.| |Chlorfluazuron|N(4-(3-chloro-5triflup-remethyl-2-pyridyloxy)-3. 5-| |Dichloroph|only)-N-(2,6-difluorebenzoyl) area| |Chloromuron|ethyl Ethyl 2 ((((4-chloro-6methoxy pyrimidin-2yl) amino)-carbonyl amino) sulphonyl) benzoate.| |Chlorsulfuron|1-(2-chloropheynl sulphonyl)-3-(4-methoxy-6methyl-1,3, 5-trinzin-2- yl)-urea.| |Cinmothylin|exe-1-methy 1-4-(1-methylethyl)-2 ((2- methyl phenyl)-methoxy)- oxabicycle-2(2.2.1) heptane.| |Cinosulfuron|(-)| |Cycloxydim|(1)-2(1-(cthoxyminio) butyl-3-hydroxy-5-thain-3-ylocyclohexenone| |Cymoxanil|1-(2-cyano-2-methoxy-iminoacetyl)-3-ethyl urea| |Cyproconazole|2-(4-chlorophenyl)-3-cyclopropyl-1-(1-11-1.2, 4-triazol-lyl)| |Cyromazine|2-cylorpropyl amino-4, 6-diamino-5- triazine, or N-cyclo-propyl-1-3, 5- triazine-2, 4, 6,-triamine.| |Dazomet|3, 5-dimethyl-1, 3, 5-thiadiazinane-2-thione or Tetrahydro 3, 5- dimethyl-1, 3, 5-thiazine-2-thione.| |Desmetryn|N2-1 sopropyl-N-4 methyl-6-methylthio-1, 3, 5-triazine-2, 4-diamine or 2-isopropylamino-4-| |methylamino-6-Methylthio-1, 3, 5-triazine.|| |Diafenthiurion|3-(2, 6-disopropyl-4 phenoxy phenyl)-1-tert, butyl thiouroa.| 1. Ins. by G.S.R. 13 (E)/90. 32 ----- |Defenfenican|2, 4' difluro-2 µ, µ, µ-trifuluorom-tolyloxy)-nicatina-nilide| |---|---| |Difenoconazole|3-chloro-4-(4-methyl-2(1H-1, 2, 4-triazol-l-ylmethyl)-1, 3-dioxolan-2- yl) phenyl-4-chlorophenyl ether.| |Dimethachlor|2- chlore-N-(2-methoxyethyl) acet 2'-6'-xylidide.| |Dimethomorph|(E, Z) (3-chlorophenyl)3-(3, 4-dimethoxy phenyl)-1-oxo-2- propenyl) morpholine.| |Dipropetryn|6-ethylthio-N2, N1-di isopropyl-1 : 3, 5-triazine-2, 4- diamine, or ethythio-4, 6-bis (isoprophylamino)-1, 3, 5-triazine.| |Diquat & its salts|9, 10-dilhydro-8a, 10a-diazonimphenan-threne. Or 9, 10-dihydro-8a, 10a-diazoniaphenanthrene ion.| |Ethalfluralin|N-ethylµ, µ, µtrifluro-N-(2-methyl allyl)-2, 6-dinitro-p-toluidine| |Esfenvalcrate|(S)µ-cyano-3-phenoxybenzyl (S)-2-(4-chlorophenyl)-3-methyl butyrate.| |Fenoxaprop|-p-ethyl (D) +- ethyl-2-(4-(6-chloro-2-benzoxazol yloxy) phenoxy) Propanoate.| ||Fenpiclonil| |Fenmetralin|N-(2-chloro-6-fluorobenzyl)-N-ethylµ, µ, µ-trifluore-2, 6-dintiro-P- toludine.| |Fluometuron|1, 1-dimethyl-3µ, µ, µtriafluoro-m-tolyl)urea.| |Flutriafol|(RS)-2, 4-difluoro-µ, IH-1, 2 triazol-l-yl-methyl) benzhydryl alchol.| |Furathicourb|Butyl 2, 3-dihydro-2, 2-dimethyl benzofuran-7-yl-N, N'- dimethyl-N, N'-thiodicarbamate.| |Fusilazol|1-((Bis)4-fluorophenyl) methyl sily) methysilyl) methyl. H-1, 2, 4, trizol| |Glufosinate and its salts|4-hydroxy (methyl) phosphinoyl)-DL-homoalanine or DL-homoalanin- 4-yl (methyl) phosphinic acid.| ||Haloxyfop-ethoxyethyl| |Hexaconazole|1-((Bis)4-fluorophenyl) methyl sily) methysilyl) methyl. H-1, 2, 4, trizol| |Glufosinate and its salts|4-hydroxy (methyl) phosphinoyl)-DL-homoalanine or DL-homoalanin- 4-yl (methyl) phosphinic acid.| ||Haloxyfop-ethoxyethyl| |Hexaconazole|(RS)-2 (2-, 4- dichlorophenyl)-1- (1H-1, (2, 4- triazol-l-yl) hexan-2-ol.| |Hexafumuron|N-(((3, 5-dichloro-4-(1, 1, 2, 2-tetrafluoroethxoy) phenyl) amino- carbonyl)-2, 6-difluorobenzamide.| 33 ----- |Hexazinone|3-cyclothexyl-6-dimethyl amino-1-methyl-1, 3, 5-triazine-2, 4-(1H, 3H) dione.| |---|---| |Imazapyr & its salts|(Arsenal) 2(4-Isopropyl-4 methyl-5-Oxo-2-imidazolin 2-yl) nicotinic acid.| |Imazethapyr & its salts|(RS)-5- ethyl-2-(4-isopropyl-4-methyl-5-oxo-2imidazolin-2yl nicotinic acid.| |Iprodicone|3-(3, 5-dichlorophenyl)-N-Isopropyl-2, 4-dioxomidazolidine-1- carboxamide.| |Isazofos|0-5-chloro-1-Isoropyl-1, H-1, 2, 4-triazol-3-yl-0, O-diethyl phas phoro thioate.| |Metsulfovax|2, 4-dimethyl-N-phenyl-5-thiazolecarboxamide.| |Matsulfuron|2-3-(4-methoxy-6-methyl-1, 3, 5-triazin-2yl) ureidosulphony benzoic acid.| |Neem Products|Neem leaves, Neem oil, Neem seed kernel, Neem cake.| |Oxamyl|N, N-dimethyl-2-methyl carbamoyl oxyimine-2- methylthio) ace tamide.| |Profenofos|O-4-brome-2-chloro-phenyl-O-ethyl S- propyl phosphorothiacate.| |Propiconazole|(=)1-[2-(2, 4- dichlorophenyl)-4-propyl-1, 3-dioxolan-2nd methyl]-1H- 1, 2, 4-triazole.| |Prothoate|O, O-diethyl S-isopropylcarbamodyl methyl phosphoro dithoate| |Pyraclofos|(RS)-[0-1-(4-chloro phenyl)-Pyrazol-4yl O-ethyl S-propyl Phosphoro thioate)]| |Pyrozosulfuran and|| |Pyrozosulfuran ethyl|Ethyl 5-(3-(4 dimethoxy permidin-2-yl-carbamoyl sulpho-Moyl)-1- methyl-pyrazol-4-carboxylate.| |Quinclorac|3, 7-dichloro-8-chinolin-carbonic acid| |or|| |3, 7-dichloro-8-quinoline carboxylic acid.|| |Quizalofop and its salts|(RS)-2-(6-chloroquinoxalin-2-yloxy) phenyoxy pro-Pionic acid| |Sulfometuron|2-[3-(4, 6-dimethyl pyrimidin-2-yl) ureidosulphonyl] Benzoic acid| |Tebuthiuron|1-(5-Tert-bury-1, 3, 4-thiadiazol-2-yl)-1, 3-dimethyl urea.| 34 ----- |Tuflubenzuron|1-(3, 5-dichlore-2, 4-difluorophenyl)-3-(2, 6-difluoro-Benzonyl) urea| |---|---| |Terbuthylazine|N2-tert-buryl-6-chloro-N4-ethyl 1, 3, 5-triazine-2, 4-diamine| |or|| |2-tert, butylamino-4-chloro-6- ethylamino-1, 3, 5-triazine|| |Tralkoxydim|2-(1-(ethoxyimino) propyl-3-hydroxy-5-(2, 4, 6-trimetic Phenyl cyclohex-2-enone.| |Triasulfuron|3-(6-methoxy-4-methl-1, 3, 5-triazin-2-yl)-1-[2-(2-chloro-Thoxy)- phenyl sulphonyl-urea.| |Triclopyr|3, 5, 6-trichloro-2-pyridyloxyacetic acid.| |Thiodicarb|3, 7, 9, 13-tetramethyl-5, 11-dioxa-2, 8, 14-trithia-4, 7, 9-12-terra- azapentadeca-3, 12-diene-6, 10-dione.| |Tribenuron-methyl (proposed)|Methyl-2-((([N-(4-methoxy-6-mety-1, 3, 5-triazin-2-yl)-N- Methyl- amino] - carbonyl) amino-sulphonyl) benzoate.| |(--)|Methyl 2-(4-ethoxy-6-methylamino-1amino-1, 3, 5-2yl)-carbamoyl sulphanoyl - benzoate.| |(--)|Methyl 3-((((N-(4-methoxy-6-methyl-1, 3-5-triazin-2-yl) amino) carbonyl) amino) sulphonyl) - 2-thiophene forboxylate.]| |1[1. Allethrin|Allethrin and itsStereo isomers.| |2. Bacillus thuringiensis|Bacillus species.| |3. Fluvalinate|Tau Fluvalinate.]| |1[1. Blasticidin 'S'|1-(4-amino-1, 2-dihydo-2-oxopyrimidin-1-yl)-4-((S-3- amino-5-(1- methylguanidiono) Valermido)-1, 2, 3, 4- tetradeoxy-D-erthro-hex-2- enopyranuronic acid.| |2. Defethialone|((Bromo-4'-beneyl-1-1')-yl-4) 3-tetrahydo-1, 2, 3, 4-naph thyl-1) 3- hydroxy-4, 2H-1 benzo-thiopyranone-2.| |3. Imazalil-MAGNATE|Allyl 1-(2-4-dichlorophenyl)-2-imidazol-1-ylethyl ether.| |4. Naproanilide|(2-(2-naphthyloxy) propionanilide| |5. Phenothiol|S-ethyl (4-chloro-o-tolyloxy) thicacetate.| 1. Ins. by G.S.R. 575(E)/93. 35 ----- |6. Terbufos|S-(((1, 1-dimethylethyl)thio) methyl)-O, 0-diethyl pho- sphorodithicate.| |---|---| |or|| |S-tert-butyl thiomethyl-0, 0- diethyl Phosphorodithioate.|| |7. Butocarboxim|3-(methyl thio)-0-((methyl amino) carbonyl) oxime-2 butanone.| |8. Imidacloprid|1-(6-Chloro-3-pyridinyl)-methyl)-N-nitroimidazolidin- 2-ylideneamine.| |9. Piroxofop Propinyl|2-Propynyl(R)-2-(4-(5-chloro-3-fluoro-2-pyridinyloxy)- phenoxy)- propionate.]| |1[AMIDOSULFURON|(3-4, 6 dim thoxypyrimidia 2-yl)-1-(N-methyl-N-methyl-suplhonyl- aminos-sulphonyl) urea.| |BROMUCONAZOLE|1(4-bromo 2-(2, 4-dichlorophenyl) tetrohydro-2-furanyl) methyl)-1H-1, 2, 4-triazole| |CLOFENTEZINE|3, 6-bis (2-chlorophynyl)-1, 2, 4, 5-tetrazine| |DIFENZOQUAT METHYL|| |SULPHATE|1, 2-dimethyl 3, 5-diphenyl-pyrazolium-methyl sulphate| |FIPRONIL|‡ -5-amino-1-(2, 6 dichloro-a, a, a-triflup-tolyl)-4-trifluro-methyl sulfinyl pyra-orezole Carbonitrile tetra-zine.| ||LACTOFEN 1| |PROPOOMOCARB|| |HYDROCHLORIDE|Propyl 3-(dimethylamine) Propylcarbomate hydro- chloride.| |SILAFLUOFEN|(4-Ethoxyphenyl) (3-(4-fluoro-3-phenoxy-phenyl)-propyl)-(dimethyl)- silance.]| |2[Pinoxaden|2, 2-dimethyl-propanoid acid 8-(2, 6-diethyl 4-methyl phenyl)-9-oxo-1, 2, 4, 5-tetrahydro-9H-Pyrazole [1, 2-d] [1, 4, 5] oxadiazepine-7-yl este| |Dinotefuran|(RS)-1-methyl-2-nitro-3-(tetrahydro-3-furylmethyl) guanidine| |Triptericium of wilferdii Hook|Glycosides having Triptolide, Tripdiolide and Tripterolide| |Glycosides having Triptolide, Tripdiolide and Tripterolide Lepimectin (E-237)|Mixture of (10E, 14E, 16E, 22Z)-(IR, 4S, 5'S, 6R, 6'R, 8R, 12R, 13S, 20R, 21 R, 24S), -21, 24-dihydroxy-5', 6', 11, 13, 22-pentamethyl-12- [(2Z)-2methoxyimino-2-phenylacetoxy]-5', 6', 11, 13, 22-pentamethyl- 3, 7, 19-trioxatetracyclo [15.6.1.14'8.020,24] pentacosa-10, 14, 16, 22- tetraene-6-spiro-2-tetrahydro-pyran-2-one (E-241) and (10E, 14E, 16E, 22Z)-(IR, 4S, 5'S, 6R, 6'R, 8R, 12R, 13S, 20R, 21 R, 24S), -6'-ethyl-21,| 1. Ins. by G.S.R. 730(E)/95. 2. Ins. by G.S.R. 51(E), dated 06-02-2006. 36 ----- |Col1|24-dihydroxy-12-[(2Z)-2 ' methoxyimino-2-phenylacetoxy]-5', 11, 13, 22-tetramethyl-3, 7, 19-trioxatetracyclo [15.6.1. 14,8.020,24] pentacosa-10, 14, 16, 22-tetraene-6-spiro-2'-tetrahydro-pyran-2-one (E- 909) in the ratio of £20 to ³80| |---|---| |Ethiprole|(+)-5-amino-1-(2, 6-dichloro-alpha, alpha, alpha, trifluoro-p-tolyl)-4- ethyl-sulfmyl pyrazole-3-carbonitrile| |Mycothecirem Verrucaria|| |Tetraconazole|(RS)-2-(2, 4-dichlorophenyl)-3-(1H, 1, 2-4-triazole-l-yl) propyl 1,1,2, 2-tetrafluoroethyl ether| |Hydramethylnon|5, 5-dimethyl-perhydro pyrimidin-2-one-4-trifluoromethyl = a-(4- trifluoromethyl styryl) cinnamyliderehydrazone| |Bitterbarkomycin|(Plant extract of Apocynum venetum) 1a, 2a, diacetoxyl-8A, 15 dissobutyl acyloxy!-9a-benzyloxy-4A; 6A dihydroxy-A- dihydrolignaloefuran| |Benalaxyl-M|Methyl-N(Phenylacetyl)-N-(2, 6-xylyl-D-alaninate| |Sulfuryl Fluoride|________| |Thifensulfuron-methyl|3-(4-methoxy-6-methyl-1, 3, 5-triazin-2-yl carbamoyisuifamoyi) = thiophen-2-caiboxylic acid| |NicosulfuronN|2-(4, 6, -dimethoxy pyrimidin-2-yl carbamoyl sulfamoyl)-N, N- dimethyl = nicotinamide-(4, 6, -dimethoxy pyrimidin-2-yl)-3-(3- dimethylcarbamoyl-2-pyridyl = sulfonyl) urea| |Rotenone|(2R, 6as, 12as)-1,2,6 6a,, 12, 12a-hexahydro-2-isopropenyl-8, 9- dimethoxychromeno [3, 4-b] furo [2, 3-h] chromen-6-one| |Diflyufenican|2', 4'-difluoro-2-(a, a, a-trifluoro-m-tolyloxy) nicotinanilide| |Photorhabdus|___________| |luminescences akhurustii|_____________| |Strain K-l|_____________| |Serratia marcescens GPS 5 (Bacteria)|________________| |Squamocin|Seed extract of Plant 'Annona squamosa Linn' (Custard apple)| |1[Flonicamid|N-cyanomethyl-4- (trifluoromethyl) nicotinamide| 1. Ins. by Notification No. GSR 683(E), dated 31-10-2006. 37 ----- |Fluazifop-p-butyl|Butyl(R)-2-{4-[5-(trifluoromethyl)- 2-pyridyloxy]phenoxy}propionate| |---|---| |Flazasulfuron|1-(4,6-dimethoxypyrimidin-2-yl)- 3-(3-trifluoromethyl-2- pyridylsulfonyl)urea| |Cyazofamid|4-chloro-2-cyano-N,N-dimethyl- 5-p-olylimidazole-sulfonamide| |Fluazinam|3-chloro-N-(3-chloro-5-trifluoromethyl- 2-pyridyl)-a,a,a-trifluoro-2,6- dinitro-p-toluidine| |Boscalid|2-chloro-N-(4-chloro-biphenyl-2-yl)nicotinamide| |1-MCP|1-Methylcyclopropene| |Propoxycarbazone- sodium|2-[(4-methyl-5 -oxo-3 -propoxy-4,5 -dihydro-[1,2,4,]triazole-carbonyl)- sulfamoyl]- benzoicacid methylester, sodium salt| |Isoxaflutole|2-[(4-methyl-5 -oxo-3 -propoxy-4,5 -dihydro-[1,2,4,]triazole-carbonyl)- sulfamoyl]- benzoicacid methylester, sodium salt| |Isoxaflutole|5-cyclopropyl-4-(methanesuphonyl- 4-trifluoro-methylbenzzoyl)- isoxazole| |Fluopicolide|2,6-dichloro-N-[3-chloro-5- (trifluoromethyl)-2- pyridylmethyl]benzamide| |Aclonifen|2-chloro-6-nitro-3-phenoxyaniline| |Azimsulfuron|1-(4, 6-dimethoxyprimidin-2-yl)-3-[1-methyl-4- (2-methyl-2H- tetrazole-5-yl)pyrazol-5-ylsulfonyl]urea| |Zoxamide|(RS)-3, 5-dicloro-N-(3-chloro-1-ethyl- 1-methyl-2-oxopropyl)-p- toluamide| |Tribenuron methyl|2-[4-methoxy-6-methyl-1,3,5-triazin- 2-yl(methyl)carbamoyl- sulfamoyl]benzoic acid.| |Thifensulfuron methyl|Methyl-3-(4-methoxy-6-methyl-1, 3,5-triazin-2-ylcarbamoyl sulfamoyl)thiophene-2-carboxylate| |Prothiofos|O-2,4-dichlorophenyl-O-ethyl S-propyl phosphorodithioate| |Penoxsulam|2-(2, 2-difluoroethoxy)-N-(5,8-dimethoxy[1,2,4]triazolo[ 1,5- c]pyrimidin-2-yl)-6-(trifluoromethyl)benzenesulfonamide| |Omethoate|O,O-dimethyl S-methylcarba- moylmethyl phosphorodithioate| |Piriformospora indica|a plant root colonizing basidiomycete fungus| |Mepiquat Pentaborate|N,N dimethylpiperidinium pentaborate| |Sulcotrione|2-[2-chloro-4-(methylsulfonyl) benzoyl]-1,3-cyclohexanedione| 38 ----- |Flumorph|4-[3-(3,4-dimelthoxyphenyl)-3- (4-fluorophenyl)acryloyl] morpholine 1H-1,2,4-triazole-1-ethanole| |---|---| |SYP 1620|N-methyl 2-[2-((((4-(2,6 dichloro-phenyl)-3- butenylidene-2- yl)amino)oxy)methyl)- phenyl]-2-methoxyiminoacetamide| |Metominostrobin|(E)-2-methoxyimino-N-methyl-2- (2-phenoxyphenyl)acetamide| |Empenthrin|(E)-(RS)-ethynyl-2-methylpent-2-enyl(1R;3RS;1R, 3SR)2,2-dimethyl- 3-(2methyl=prop- 1-enylcyclopropanecarboxylate)| |Pyridaben|2-tert-butyl-5-(4-tert-butylbenzylthio)- 4-chloropyridazin-3(2H)-one]| |1[Chromafenozide|2' tert-butyl-5'-methyl-2'-(3,5-xyloyl)chroman-6-carbohydrazide| |Orthosulfamuron|1-(4,6-dimethoxypyrimidin-2-yl)-3-[2-(dimethylcarbamoyl)phenyl sulfamoyl] urea| |6-Benzylaminopurine|N-phyenylmethyl-1 H-purin-6- amine (6-benzylaminopurine)| |Hexamethyldisilazane|Hexamethyldisilazane, reaction product with silica (CAS)| |Kresoxim-Methyl|Methyl(E)-methoxyimino-[2-(O-tolyloxymethyl)phenyl] acetate| |Spirotetramat|Carbonic acid 3-(2,5-dimethyl- phenyl) -8 -methoxy-2-oxo-1 -aza- spiro[4.5]dec-3-en-4-yl ester ethyl ester| |Mandipropamid|2-(4-chloro-phenyl)-N-[2-(3-methoxy-4-pro-2-ynyloxy-phenylo- ethyl]- 2-prop-2-ynyloxy-acetamide| |Chlorantraniliprole|3-Bromo-N-[4-chloro-2-methyl-6- (methyJcarbamoyl) phenyl] -1-(3- chloropyridin-2-yl)-1 H-pyrazole-5-carboxamide| |Prodiamine|5-dipropylamino-a,a,a-trifluoro- 4,6 dinitro-O-toluidine; 2,6-dinitro- Nl,Nl-dipropyl-4 trifluoromethyl-m-Phenylenediamine| |Fomesafen|5-[2-chloro-4-(trufluoromethyl) Phenoxy]-N-(methylsulfonyl)-2- nitrobenzene)| |Topramezone|3-(4,5-dihydro-isoxazol-3-yl)-4-methanesulfonyl-2-methylphenyl)-(5- hydroxyl-1 -methyl-1H-pyrazol-4-yl)methanone| |Pyribenzoxim|Dipheny Imethanone 0-[2,6-bis[(4,6-dimethoxy-2- pyrimidinyl)oxy]benzoyl]oxime(CAS)| |n-Heneicosane|CH3._CH2_CH2_C18H37| |Formetanate hydrochloride|3-dimethylaminomethylene aminophenyl methylcarbamate hydrochloride]| |2[Flundone|l-methyl-3-phenyl-5-(oc, oc, oc-tnfluoro m-tolyl)-4-pyridone| 1. Ins. by Notification No. G.S.R.631(E), dated 28.09.2007. 2. Ins. by Notification No. G.S.R.650(E), dated 11.09.2008. 39 ----- |Tebuthiuron|1 -(5-tert-butyl-1,3,4-thiadiazol-2-yl)-1, 3-dimethylurea| |---|---| |Trinexapac-|Ethyl 4-cyclopropyl (hydroxyl) methylene-| |Ethyl|3,5-dioxocyclohexane carboxylate| |Thidiazuron|l-phenyl-3-(l, 2,3-thiadiazol-5-yl) urea| |Isoxathion|0,0-diethyl 0-5-phenyl isoxazol-3-yl phosphororhioate| |Eucalyptus|Containing 1,8 cineole (eucalyptol)" leaf extract]| |1[Pethoxamid|2-chloro-N-(2-ethoxyethyl)-N-(2-methyl-1-phenylprop-1-enyl) acetamide| |Penthiopyrad|(RS)-N-[{2-1, 3-Dimethylbutyl)-3-thienyl]-1-methyl-3- (trifluoromethyl)| |Imazamethabenz-methyl|Mixture of (+/-)-6-(4-Isopropyle-4-Methyl-5-oxo-2-Imidazolin-2-yl)-m- Toluate and Methyl (+/-)-2-(4-Isopropyle-4-methyl-5-oxo-2- Imidazoldin-2-yl)-p-Toluate| |Aminocyclopyrachlore|6-Amino-5-chloro-2-Cyclopropyl-Pyrimidine-4-Carboxylic acid, Methyl Ester| |Gamma Cyhalothrin|(s) a-cyano-3-phenoxybenzyl (Z)-(IR, 3R)-3-(2-Choloro-3, 3, 3- trifuloroprop-1-enyl-=2, 2-dimethylcyclopropanecarboxylate| |Cyflumetofen|2-methoxyethyl (RS)-2-(4 tert butyly phenyl)-2-Cyano-3-Oxo-3-(a, a, a trifluro-o-tolyl) propionate| |Cyantraniliprole|1H-pyrnzole-5-Carboxamid 3-brome-1-(3-Chloro-2 pyridinyl)-n-[4- cyano-2-methyl-6-(methyl amino carbonyl)] phenyl (9CL)| |Ametoctradin|5-ethyl-6-octyl [1, 2, 4] triazolo [1, 5-a] pyrimidin-7-amine| |Picoxystrobin|Methyl (E) 3-methoxy 2-{2-[6-(trifluoromethyl)-2-pyridloxymethyl] phenyl} acrylate| |Metralenone|3'-bromo-2, 3, 4, 6'-tetramethoxy-2', 6-dimethyl benzophenone]| |2[Pyroxulam|N- (5, 7-dimethoxy [1, 2,4] triazolo [1, 5-a] pyrimidin-2-yl) 2- methoxy-4- (trifluoromethyl) Pyridine-3-Sulfonamide| |Propisochlor|2 chloro-6' -ethyl-N-isopropoxymethylaceto-toluidide| |Orysastrobin|(2 E)-2-(methoxyimino)-2 {2-[3E, 5E, 6E)-5-(methoxymino)-4, 6- dimethyl-2, 8-dioxa-3, 7-diazanona-3, 6-dien-l-yl]-phenyl}-N-methyl acetamide| |Sulfoxaflor|[1 -[6- (trifluoromethyl) pyridine- 3yl] ethyl] methyl(oxido)-?4- SuIfanylidene cyanamide| 1. Ins. by Notification No. G.S.R. 5(E), dated 05-01-2010. 2. Ins. by Notification No. G.S.R. 316(E), dated 13-04-2010. 40 ----- |Siduron|1 (2-methylcylohexyl)- 3 -phenyl urea| |---|---| |Spinetoram|Major component 3'ethoxy 5, 6-dihydro spinosynJ-minor component 3' ethoxy spinosynL| |Diamuron|1-(1-methyl-1-phenyl ethyl)-3-p-tolyl urea| |Simetryn|N2, N4-diethyl-6-methylthio-1, 3, 5-triazine-2, 4-diamine.]| |1[Theta-Cybermethrin|1a(S*),3ß]-(ñ)-cyano(3-phenoxyphenyl)methyl3-(2,2-dichloroethenyl)- 2,2- dimethylcyclopropanecarboxylate| |Pyroxasulfone|3-[(5-difluromethoxy)-1-methyl-3(trifluromethyl)pyrazol-4- ylmethylsulfonyl] -4,5-dihydro-5,5-dimethyl-1,2-oxazole.| |Pyrifluquinazon|1-acetyl-1,2,3,4-tetahydro-3-[(3-pyridylmethyl)amino]-6-[1,2,2,2- tetrafluoro -1- (trifluoomethyl)ethyl]quinazolin-2-one.| |Cyenopyrafen|(E)-2-(4-tert-butylphenyl)-2-cyano-1-(1,3,4-trimethylpyrazol-5-yl)vinyl 2,2-dimethylpropionate.| |Prohexadione Calcium|Calcium 3-oxido-5-oxo-4-propionylcyclohex-3-enecarboxylate.| |Saflufenacil|(N'-[2-chloro-4-fluoro-5-(3-methyl-2,6-dioxo-4-(trifluoromethyl)3,6- dihydro -1(2H)-pyrimidinyl)benzyl]-N-methylsulfamide).| |Fluxapyroxad|3-9difluoromethyl)-1-methyl-N-(3',4',5'-trifluorobiphenyl-2-yl) Pyrazole-4-carboxamide.| |Etoxazole|(RS)-5-tert-butyl-2{2-(2,6-difluorophenyl)-4,5-dihydro-1,3-oxazol-4- ylphenetole.| |Bistrifluron|1-[2-chloro-3,5-bis(trifluoromethyl)phenyl]-3-(2,6- difluiorobenzoyl)urea.| |Flupyradifurone|4-[(6-chloro-3-pyridylmethyl)2,2-difluoroethyl)amino]furan-2(5H)-one.| |Beflubutamid|(RS)-N-benzyl-2-(a,a,a,4-tetrafluoro-m-tolyloxy)butyramide.| |Flutolanil|a,a,a, -trifluoro-3'-isopropoxy-o-tolunanilide.| |itenpyram|(E)-N-(6-chloro-3-pyridylmethyl)-N-ethyl-N'-methyl-2-nitrovinylidene diamine.| |Pyriftalid|(RS)-7-(4,6-dimethoxypyrimidin-2-ylthio)-3-methyl-2-benzofuran- 1(3H)-one]| |2[Metazosulfuron|1-3-chloro-1-methyl-4-[(5RS)-5,6-dihydro-5-methyl-1,4,2-dioxazin-3- yl] Pyrazol-5-ylsulfonyl}-3-(4,6-dimethoxypyrimidin-2-yl)urea| 1. Ins. by Notification No. G.S.R.380(E), dated 24-05-2012. 2. Ins. by Notification No. G.S.R.313(E), dated 06-05-2014. 41 ----- |Spearmint (Mentha spicata) Oil containing L-carvon, Limonin and Pines|Spearmint Extract| |---|---| |Quinmerac|7-Chloro-3 Methyl Quinoninle-8-Carboxylic Acid| |Bispyribac Acid|2,6-[Bis(4,6-Dimethoxy-2-pyriminyle) Oxy] Benzoic Acid| |Triflumezopyrine|3,4-Dihydro-2,4-Dioxo-1-(Pyrimidin-5-Ylmethyl)-3- (Alpha,Alpha,Alpha-Trifluoro-m-Tolyl)-2H-Pyrido(1,2-a) Pyrimidin-1- ium-3-ide| |Renofluthrin|2,3,5,6-tetrafluoro-4-(ymethoxmethyl)benzyl-3-(2,2-dichlorovinyl)-2,2- dimethylcyclopropanecarboxylate| |Benzobicyclon|3-(2-chloro-4mesylbenzoyl)-2-phenylthiobicyclo [3.2.1] oct-2-en-4-one| |Dimethyl disulphide (DMDS)|Dimethyl Disulphide| |N-acetylthiazolidine-4- carboxylic acid (natca)|N-acetylthiazolidine-4-carboxylic acid (natca)]| |1[Ipfencarbazone|1-(2, 4-Dichorophenyl)-N-(2, 4-difluorophenyl)-1, 5-dihydro-N-(1- methyethyl)-5-oxo-4H-1, 2, 4-tiazole-4-carbxoamide| |Fluthiacetmethyl|Methyl [2-chloro-4-fluoro-5-(5, 6, 7, 8-tetrahydro-3-oxo-1H,3H [1, 3, 4] thiadiazdeolo [3, 4-a] pyrifazin-1-ylideneamino] phenythio ] acetate| |Afidopyropen|[(3S, 4R, 4aR, 6S, 6aS, 12R, 12aS, 12bS)-3-(cyclopropylcarbonyloxy)- 1, 2, 3, 4, 4a, 5, 6, 6a, 12a, 12b-decahydro-6, 12-dihydroxy-4, 6a, 12b- trimethyl-11-oxo-9-(3-pyridyl)-11H, 12H-benzo[f]pyrano[4, 3-b] chromen-4-yl] methyl cyclopropanecarboxylate| |Isopyrazam|3-(difluoromethyl)-1 -methyl-N-[1, 2, 3, 4-tetrahydro-9-(1 - methylethyl)-1, 4-methanonaphthalen-5-yl]-1H-pyrazole-4- carboxamide| |Sedaxane|Mixture of 2 cis-isomers 2'-[(1RS, 2RS)-1, 1'-bicycloprop-2-yl]-3- (difluoromethyl)-1-methylpyrazole2'-[(1RS, 2SR)-1, 1'-bicycloprop-2- 1]-3-(Difluoromethyl)-1-methylpyrazole-4-carboxanilide| |Solatenol|N-[(1RS, 4SR)-9-(Dichloromethylidene)-1, 2, 3, 4-tetrahydro-1, 4- methanonaphthalen-5-yl]-3-(difluoromethyl)-1-methyl-1H-pyrazole-4- carboxamide| |Fosthiazate|O-ethyl S-(1-methylpropyl)(2-oxo-3-thiazolidinyl) Phosphonothioate| |Halauxifenmethyl|2-pyridinecarboxylic acid, 4-amino-3-chloro-2-fluoro-3- methoxyphenyl), methyl ester| |Matrine|(7aS, 13aR, 13bR, 13cS)-dodecahydro-1H,5H, 10-H Dipyrido[2, 1- f:3'.2', 1'-j][1, 6]naphthyridin-10-one| 1. Inserted by Notification No. G.S. R790(E), dated 11-11-2014. 42 ----- |2-phenylphenol Poly-D- glucosamine|Biphenyl-2-ol Poly-(1, 4)-2-amino-2-deoxy-B-D-Glucan|Col3| |---|---|---| |Polyoxin (Polyoxin-B, Polyoxin-D, Polyoxin-AL)|5-(2-amino-5-O-carbamoyl-2-deoxy-L-xylonamido)-1,(5- dideoxy-1-(1, 2, 3, 4-tetrahydro-5-hydroxymethyl-2, 4-dioxopyrimidin-1-yl-B-D- allofuranuronic acid)|| |Polyoxorim|5-(2-amino-5-O-carbamoyl-2-deoxy-L-xylonamido)-1-(5- carboxy-1, 2, 3, 4-tetrahydro-2, 4-dioxopyrimidin-1-yl)-1, 5-dideoxy-B-D- allofuranuronic acid.]|| |1[Common Name|CAS/CAS RN No.|IUPAC/Chemical Abstract Name| |Dimethenamid-p|163515-14-8|(S)-2-chloro-N-{2,4-dimethyl-3- thienyl}-N-{2-methoxy-1 - methylethyl}acetamide| |Tri-basic copper sulphate|1344-73-6|Copper (II) hydroxide sulphate| |Cyclaniliprole|1031756-98-5|2,3- dibromo-4-chloro-1-(3- chloro-2- pyridyl)-6-[ {(1RS)-1 - cyclopropylethyl}carbamoyl] pyrazole-5- carboxanilide| |2[Florpyrauxifen-benzyl]|943832-81-3(RN)|4-amino-3-chloro-6-[4-chloro-2-fluro-3- methoxyphenyl] -5-fluro-2-pyridine carboxylic acid| |4,5-dichloro-2-n-octyl-3-(2H)- isothiazolone(DCOIT)|64359-81-5|4,5-dichloro-2-n-octyl-3-(2H)- isothiazolone| |Simeconazole|149508-90-7|{RS}-2-[4-fluorophenyl]-1-[1H-1,2,4- triazol-1-yl]-3 -[trimethylsilyl]propan-2- ol| |Pydiflumetofen|1228284-64-7|3-[difluromethyl]-N-methoxy-methyl- N[1-methyl-2-{2,4,6- tricholorophenyl}ethyl]-1H-pyrazole-4- carboxamide| |Phosphonic acid OR Potassium Phosphonate (mixture of Mono Potassium and Di Potassium Salts of Phosphonic Acid)|(13977-65-6);(13492-2-7) and (13598-36-2)|i. Potassium hydrogen phosphonate ii. Dipotassium phosphonate IUPAC- Potassium hydrogen phosphonate| |3-iodo-2-propynyl Butylcarbamate (IPBC)|55406-53-6|3 -iodoprop-2- ynylbutylcarbamate(IPBC)/3 -iodo-2- propyn-1 -yl N-butylcarbamate| |Mefentrifluconazole|1417782-03-6|(2RS)-2-[4-(4-chlorophenoxy)-a, a, a- trifluoro-0-tolyl] 1 -(1H-1,2,4-triazol-1 - yl)propan-2-ol/a-[4-(4-chlorophenoxy)- 2- (trifluromethyl)phenyl]-a-methyl- 1H- 1,2,4-triazole-1 -ethanol| |Bis(1-hydroxy-2(1H)- pyridinethionato-o,s)-(T-4)zinc (ZPT) also known as -Zinc pyrithione|13463-41-7|13.1.3b.zinc bis (2-thiolpyridine-N- oxide).]| 1. Ins. by Notification No. S.O.3304(E), dated 06-10-2017. 2. Subs. by notification No. S. O. 954(E), dated 2-3-2020, for “Florpyauxifen-benzyl”. 43 ----- 1[Common Name CAS/CAS RN No. IUPAC/Chemical Abstract Name Bixafen 581809-46-3 N-(3', 4'-dichloro-5-fluorobiphenyl-2-yl) 3-(difluromethyl)-1-methyl-1 H pyrazole-4-carboxamide. Fluazaindolizine 1254304-22-7 8-chloro-N-[(2-chloro-5-methoxyphenyl) sulfonyl]-6-(trifluromethyl) imadazo [1, 2-a] pyridine-2-carboxamide Fluindapyr (New Fungicide) 1383809-87-7 3-(difluoromethyl)-N-[(3RS)-7-fluoro-2, 3-dihydro-1, 1, 3-trimethyl-1 H-inden-4yl]-1 methylpyrazole-4-carboxamide Tolpyralate 1101132-67-5 (RS)-1-{1-ethyl-4-[4-mesyl-3-(2 methoxyethoxy) - o - toluoyl]pyrazole-5yloxy} ethyl methyl carbonate Spiropidion 1229023-00-0 3-(4-chloro-2, 6-dimethylphenyl)-8 methoxy-1-methyl-2-oxo1, 8-diazaspiro [4.5] dec-3-en-4-yl ethyl carbonate Fluxametamide 928783-29-3 4-[(5RS)-5-(3, 5-dichlorophenyl)-4, 5 dihydro-5-(trifluromethyl)-1, 2-oxazole3-yl]-N-[(EZ)(methoxyimino) methyl]-otoluamide Flupyrimin 1689566-03-7 [N(E)]-N-[1-[(6-chloro-3-pyridinyl) methyl]-2(1H)-pyridinylidene]-2, 2, 2trifluroacetamide Dimefluthri 271241-14-6 2, 3, 5, 6-tetrafluoro-4-(methoxymethyl) benzyl (1RS, 3RS: 1RS, 3SR)-2, 2dimethyl-3-(2-methylprop-1-enyl) cyclopropane carboxylate Ethaboxam 162650-77-3 (RS)-N-(a-cyano-2-thenyl)-4-ethyl-2 (ethylamino)-1, 3-thiazole-5carboxamide. Pyrazoxyfen CAS RN 71561-11-0 2[4-(2, 4-dichlorobenzoyl)-1, 3 dimethylpyrazole-5-yloxy] acetophenone Dichlormid 37764-25-3 N, N-diallyl-2, 2-dichloroacetamide Lancotrione Sodium 1486617-22-4 Sodium 2-{ 2-chloro-3-[2-(1, 3-dioxolan 2-yl) ethoxy]-4-mesylbenzoyl}-3oxycyclohex-1-en-1-olate Benzpyrimoxan 1449021-97-9 5-(1, 3-dioxan-2-yl)-4-[4 (trifluoromethyl) benzyloxyl] pyrimidine I - ] 1. Ins. by Notification No. S.O. 45(E), dated 02-01-2019. 44 |1[Common Name|CAS/CAS RN No.|IUPAC/Chemical Abstract Name| |---|---|---| |Bixafen|581809-46-3|N-(3', 4'-dichloro-5-fluorobiphenyl-2-yl)- 3-(difluromethyl)-1-methyl-1 H - pyrazole-4-carboxamide.| |Fluazaindolizine|1254304-22-7|8-chloro-N-[(2-chloro-5-methoxyphenyl) sulfonyl]-6-(trifluromethyl) imadazo [1, 2-a] pyridine-2-carboxamide| |Fluindapyr (New Fungicide)|1383809-87-7|3-(difluoromethyl)-N-[(3RS)-7-fluoro-2, 3-dihydro-1, 1, 3-trimethyl-1 H-inden-4- yl]-1 methylpyrazole-4-carboxamide| |Tolpyralate|1101132-67-5|(RS)-1-{1-ethyl-4-[4-mesyl-3-(2- methoxyethoxy) - o - toluoyl]pyrazole-5- yloxy} ethyl methyl carbonate| |Spiropidion|1229023-00-0|3-(4-chloro-2, 6-dimethylphenyl)-8- methoxy-1-methyl-2-oxo1, 8-diazaspiro [4.5] dec-3-en-4-yl ethyl carbonate| |Fluxametamide|928783-29-3|4-[(5RS)-5-(3, 5-dichlorophenyl)-4, 5- dihydro-5-(trifluromethyl)-1, 2-oxazole- 3-yl]-N-[(EZ)(methoxyimino) methyl]-o- toluamide| |Flupyrimin|1689566-03-7|[N(E)]-N-[1-[(6-chloro-3-pyridinyl) methyl]-2(1H)-pyridinylidene]-2, 2, 2- trifluroacetamide| |Dimefluthri|271241-14-6|2, 3, 5, 6-tetrafluoro-4-(methoxymethyl) benzyl (1RS, 3RS: 1RS, 3SR)-2, 2- dimethyl-3-(2-methylprop-1-enyl) cyclopropane carboxylate| |Ethaboxam|162650-77-3|(RS)-N-(a-cyano-2-thenyl)-4-ethyl-2- (ethylamino)-1, 3-thiazole-5- carboxamide.| |Pyrazoxyfen|CAS RN 71561-11-0|2[4-(2, 4-dichlorobenzoyl)-1, 3 dimethylpyrazole-5-yloxy] acetophenone| |Dichlormid|37764-25-3|N, N-diallyl-2, 2-dichloroacetamide| |Lancotrione Sodium|1486617-22-4|Sodium 2-{ 2-chloro-3-[2-(1, 3-dioxolan- 2-yl) ethoxy]-4-mesylbenzoyl}-3- oxycyclohex-1-en-1-olate| |Benzpyrimoxan|1449021-97-9 I -|5-(1, 3-dioxan-2-yl)-4-[4- (trifluoromethyl) benzyloxyl] pyrimidine ]| ----- 1[Common Name CAS/CAS RN No. IUPAC/Chemical Abstract Name Flumetsulam 98967-40-9 CAS: N-(2, 6-difluorophenyl)-5 methyl[1, 2, 4]triazolo[1, 5-a]pyrimidine2-sulfonamide IUPAC: 2', 6'-difluoro-5-methyl[1, 2, 4]triazolo[1, 5-a] pyrimidine-2sulfonanilide Cloransulam-methyl 147150-35-4 methyl 3-chloro-2-(5-ethoxy-7-fluoro[1, 2, 4]triazolo[1, 5-c]pyrimidin-2ylsulfonamido) benzoate; methyl 3chloro-N-(5-ethoxy-7-fluoro[1, 2, 4]triazolo[1, 5-c]pyrimidine-2ylsulfonyl) Pyrapropoyne 1803108-03-3 1H-pyrazole-4-carboxamide, N-[(2Z)-2 [3-chloro-5-(2-cyclopropyethynyl)-2pyridinyl]-2-[(1 methylethoxy) imino]ethy]-3-(difluoromethyl)-1-methyl Isocycloseram 2061933-85-3 4-[(5RS)-5-(3, 5-dichloro-4 fluorophenyl)-4, 5-dihydro-5(trifluoromethyl) isoxazol-3-yl]-N [(4RS)-2-ethyl-3-oxoisoxazolidin-4-yl]o-toluamide Dimethametryn 22936-75-0 N-(1, 2-dimethylpropyl)-N-ethyl-6 methylthio-1, 3, 5-triazine-2, 4-diamine Allyl isothiocyanate 57-06-7 1-propene-3-isothiocyanate Fenpropimorph 67564-91-4 (+)-cis-4-[3-(4-tert-butylphenyl)-2 methylpropyl]-2, 6-dimethylmorpholine Thiencarbazone-methyl 317815-83-1 methyl 4-[(4, 5-dihydro-3-methoxy-4 methyl-5-oxo-1H-1, 2, 4-triazol-1-yl) carbonyl-sulfamoyl]-5-methylthiophene3-carboxylate Fluazaindolizine 1254304-22-7 8-chloro-N-[(2-chloro-5-methoxyphenyl) sulfonyl]-6-(trifluoromethyl) imidazo [1, 2-a]pyridine-2-carboxamide Etobenzanid 79540-50-4 2, 3-dichloro-4 ethoxymethoxybenzanilide Tebufenpyrad 119168-77-3 N-(4-tert-butylbenzyl)-4-chloro-3-ethyl 1-methylpyrazole-5-carboxamide Chlorine dioxide 10049-04-4 Chlorine dioxide Oxaziclomefone 153197-14-9 3-[1-(3, 5-dichlorophenyl)-1 methylethyl]-3, 4-dihydro-6-methyl-5phenyl-2H-1, 3-oxazin-4-one Bixlozone 81777-95-9 2-(2, 4-Dichlorobenzyl)-4, 4 dimethylisoxazolidin-3-one Z11-16OH (Common Name) 56683-54-6 (Z)-11-Hexadecen-1-ol (Z)-11-Hexadecen-1-ol (Chemical name) 1. Ins. by Notification No. S.O. 1767(E), dated 16-05-2019. 45 |1[Common Name|CAS/CAS RN No.|IUPAC/Chemical Abstract Name| |---|---|---| |Flumetsulam|98967-40-9|CAS: N-(2, 6-difluorophenyl)-5- methyl[1, 2, 4]triazolo[1, 5-a]pyrimidine- 2-sulfonamide IUPAC: 2', 6'-difluoro-5-methyl[1, 2, 4]triazolo[1, 5-a] pyrimidine-2- sulfonanilide| |Cloransulam-methyl|147150-35-4|methyl 3-chloro-2-(5-ethoxy-7-fluoro[1, 2, 4]triazolo[1, 5-c]pyrimidin-2- ylsulfonamido) benzoate; methyl 3- chloro-N-(5-ethoxy-7-fluoro[1, 2, 4]triazolo[1, 5-c]pyrimidine-2- ylsulfonyl)| |Pyrapropoyne|1803108-03-3|1H-pyrazole-4-carboxamide, N-[(2Z)-2- [3-chloro-5-(2-cyclopropyethynyl)-2- pyridinyl]-2-[(1 methylethoxy) imino]ethy]-3-(difluoromethyl)-1-methyl| |Isocycloseram|2061933-85-3|4-[(5RS)-5-(3, 5-dichloro-4- fluorophenyl)-4, 5-dihydro-5- (trifluoromethyl) isoxazol-3-yl]-N- [(4RS)-2-ethyl-3-oxoisoxazolidin-4-yl]- o-toluamide| |Dimethametryn|22936-75-0|N-(1, 2-dimethylpropyl)-N-ethyl-6- methylthio-1, 3, 5-triazine-2, 4-diamine| |Allyl isothiocyanate|57-06-7|1-propene-3-isothiocyanate| |Fenpropimorph|67564-91-4|(+)-cis-4-[3-(4-tert-butylphenyl)-2- methylpropyl]-2, 6-dimethylmorpholine| |Thiencarbazone-methyl|317815-83-1|methyl 4-[(4, 5-dihydro-3-methoxy-4- methyl-5-oxo-1H-1, 2, 4-triazol-1-yl) carbonyl-sulfamoyl]-5-methylthiophene- 3-carboxylate| |Fluazaindolizine|1254304-22-7|8-chloro-N-[(2-chloro-5-methoxyphenyl) sulfonyl]-6-(trifluoromethyl) imidazo [1, 2-a]pyridine-2-carboxamide| |Etobenzanid|79540-50-4|2, 3-dichloro-4- ethoxymethoxybenzanilide| |Tebufenpyrad|119168-77-3|N-(4-tert-butylbenzyl)-4-chloro-3-ethyl- 1-methylpyrazole-5-carboxamide| |Chlorine dioxide|10049-04-4|Chlorine dioxide| |Oxaziclomefone|153197-14-9|3-[1-(3, 5-dichlorophenyl)-1- methylethyl]-3, 4-dihydro-6-methyl-5- phenyl-2H-1, 3-oxazin-4-one| |Bixlozone|81777-95-9|2-(2, 4-Dichlorobenzyl)-4, 4- dimethylisoxazolidin-3-one| |Z11-16OH (Common Name) (Z)-11-Hexadecen-1-ol (Chemical name)|56683-54-6|(Z)-11-Hexadecen-1-ol| ----- |Cydia (Common Name) (E, E)-8, 10-Dodecadien-1-ol (Chemical name)|33956-49-9|(E, E)-8, 10-Dodecadien-1-ol| |---|---|---| |Z9-14AC (Common Name) Z- 9-Tetradecenyl acetate (Chemical name)|16725-53-4|Z-9-Tetradecenyl acetate| |Z7-12AC (Common Name) Z- 7 Dodecenyl acetate (Chemical name)|14959-86-5|Z-7 Dodecenyl acetate| |Z-9-HDAL (Common Name) (Z)-11-Hexadecenal (Chemical name)|56219-04-6|(Z)-11-Hexadecenal| |Z-11-HDAL (Common Name) (Z)-11-Hexadecenal (Chemical name)||| |E-11-HDL (Common Name) (E)-11-Hexadecen-1-ol (Chemical name)|61301-56-2|(E)-11-Hexadecen-1-ol| |E-11-HAD (Common Name) (E)-11-Hexadecenyl acetate (Chemical name)|56218-72-5|(E)-11-Hexadecenyl acetate| |CLM (Common Name) (Z, Z, E)-7, 11, 13- exadecatrienal (Chemical Name)|888042-38-4|(Z, Z, E)-7, 11, 13-Hexadecatrienal| |TDTA (Common Name) (3E, 8Z, 11Z)-3, 8, 11- tetradecatrien-1-yl acetate (Chemical Name)|163041-94-9|3, 8, 11-tetradecatrien-1-yl acetate| |florylpicoxamid|1961312-55-9|1S-2, 2-bis (4-fluorophenyl)-1- methylethyl N-{[3-(acetyloxy)-4- methoxy-2-pyridyl]carbonyl}-L- alaninate]| |1[Fenpropimorph|67564-91-4|(+ -) cis-4-[3-(4-tert-butylphenyl)-2- methylpropyl]-2,6-dimethylmorpholine.]| 1. Ins. Notification No. S.O. 296(E), dated 15-01-2020. 46 -----

2-Sep-1968

47

The Border Security Force Act, 1968

https://www.indiacode.nic.in/bitstream/123456789/1561/1/a1968-47.pdf

central

# THE BORDER SECURITY FORCE ACT, 1968 ___________ ARRANGEMENT OF SECTIONS ____________ CHAPTER I PRELIMINARY SECTIONS 1. Short title and commencement. 2. Definitions. 3. Persons subject to this Act. CHAPTER II CONSTITUTION OF THE FORCE AND CONDITIONS OF SERVICE OF THE MEMBERS OF THE FORCE 4. Constitution of the Force. 5. Control, direction. 6. Enrolment. 7. Liability for service outside India. 8. Resignation and withdrawal from the post. 9. Tenure of service under the Act. 10. Termination of service by Central Government. 11. Dismissal, removal or reduction by the Director-General and by other officers. 12. Certificate of termination of service. 13. Restrictions respecting right to form association, freedom of speech, etc. CHAPTER III OFFENCES 14. Offences in relation to the enemy and punishable with death. 15. Offences in relation to the enemy and not punishable with death. 16. Offences punishable more severly on active duty than at other times. 17. Mutiny. 18. Desertion and aiding desertion. 19. Absence without leave. 20. Striking or threatening superior officers. 21. Disobedience to superior officer. 22. Insubordination and obstruction. 23. False answers on enrolment. 24. Certain forms of disgraceful conduct. 25. Ill-treating a subordinate. 26. Intoxication. 27. Permitting escape of person in custody. 28. Irregularity in connection with arrest or confinement. 29. Escape from custody. 30. Offences in respect of property 31. Extortion and corruption. 32. Making away with equipment. 1 ----- SECTIONS 33. Injury to property. 34. False accusations. 35. Falsifying official documents and false declarations. 36. Signing in blank and failure to report. 37. Offences relating to Security Force Court. 38. False evidence. 39. Unlawful detention of pay. 40. Violation of good order and discipline. 41. Miscellaneous offences. 42. Attempt. 43. Abetment of offences that have been committed. 44. Abetment of offences punishable with death and not committed. 45. Abetment of offences punishable with imprisonment and not committed. 46. Civil offences. 47. Civil offences not triable by a Security Force Court. CHAPTER IV PUNISHMENTS 48. Punishments awardable by Security Force Courts. 49. Alternative punishments awardable by Security Force Courts. 50. Combination of punishments. 51. Retention in the Force of a person convicted on active duty. 52. Punishments otherwise than by Security Force Courts. 53. Minor punishments. 54. Limit of punishments under section 53. 55. Punishment of persons of and below the rank of subordinate officers by Deputy Inspectors-General and others. 56. Collective fines. CHAPTER V ARREST AND PROCEEDINGS BEFORE TRIAL 57. Custody of offenders. 58. Duty of Commandant in regard to detention. 59. Interval between committal and trial. 60. Arrest by civil authorities. 61. Capture of deserters. 62. Inquiry into absence without leave. 63. Force police officers. CHAPTER VI SECURITY FORCE COURTS 64. Kinds of Security Force Courts. 65. Power to convene a General Security Force Court. 66. Power to convene a Petty Security Force Court. 67. Contents of warrants issued under sections 65 and 66. 68. Composition of General Security Force Court. 2 ----- SECTIONS 69. Composition of a Petty Security Force Court. 70. Summary Security Force Court. 71. Dissolution of a Security Force Court. 72. Powers of a General Security Force Court. 73. Powers of a Petty Security Force Court. 74. Powers of a Summary Security Force Court. 75. Prohibition of second trial. 76. Period of limitation for trial for an offence of desertion in certain cases. 77. Trial, etc., of offender who ceases to be subject to this Act. 78. Application of Act during term of sentence. 79. Place of trial. 80. Choice between criminal court and Security Force Court. 81. Power of criminal court to require delivery of offender. CHAPTER VII PROCEDURE OF SECURITY FORCE COURTS 82. Presiding Officer. 83. Law Officers. 84. Challenges. 85. Oaths of member, Law Officer and witness. 86. Voting by members. 87. General rule as to evidence. 88. Judicial notice. 89. Summoning witnesses. 90. Documents exempted from production. 91. Commissions for examination of witnesses. 92. Examination of a witness on commission. 93. Conviction of offence not charged. 94. Presumption as to signatures. 95. Enrolment paper. 96. Presumption as to certain documents. 97. Reference by accused to Government Officer. 98. Evidence of previous convictions and general character. 99. Lunacy of accused. 100. Subsequent fitness of lunatic accused for trial. 101. Transmission to Central Government of orders under section 100. 102. Release of lunatic accused. 103. Delivery of lunatic accused to relatives. 104. Order for custody and disposal of property pending trial. 105. Order for disposal of property regarding which offence is committed. 106. Powers of Security Force Court in relation to proceedings under this Act. CHAPTER VIII CONFIRMATION AND REVISION 107. Finding and sentence not valid, unless confirmed. 108. Power to confirm finding and sentence of General Security Force Court. 3 ----- SECTIONS 109. Power to confirm finding and sentence of Petty Security Force Court. 110. Limitation of powers of confirming authority. 111. Power of confirming authority to mitigate, remit or commute sentences. 112. Confirming of findings and sentences on board a ship. 113. Revision of finding of sentence. 114. Finding and sentence of a Summary Security Force Court. 115. Transmission of proceedings of Summary Security Force Courts. 116. Alteration of finding or sentence in certain cases. 117. Remedy against order, finding or sentence of Security Force Courts. 118. Annulment of proceedings. CHAPTER IX EXECUTION OF SENTENCE, PARDONS, REMISSIONS, ETC. 119. Form of sentence of death. 120. Commencement of sentence of imprisonment. 121. Execution of sentence of imprisonment. 121A. Period of custody undergone by a person to be set-off against the imprisonment. 122. Temporary custody of offender. 123. Execution of sentence of imprisonment in special cases. 124. Conveyance of prisoner from place to place. 125. Communication of certain orders to prison officers. 126. Execution of sentence of fine. 127. Informality or error in the order or warrant. 128. Pardon and remission. 129. Cancellation of conditional pardon, release on parole or remission. 130. Suspension of sentence of imprisonment. 131. Orders pending suspension. 132. Release on suspension. 133. Computation of period of suspension. 134. Order after suspension. 135. Reconsideration of case after suspension. 136. Fresh sentence after suspension. 137. Scope of power of suspension. 138. Effect of suspension and remission on dismissal. CHAPTER X MISCELLANEOUS 139. Powers and duties conferrable and imposable on members of the Force. 140. Protection for acts of members of the Force. 141. Power to make rules. 142. Provisions as to existing Border Security Force. 4 ----- # THE BORDER SECURITY FORCE ACT, 1968 ACT NO. 47 OF 1968 [2nd September, 1968.] # An Act to provide for the constitution and regulation of an Armed Force of the Union for ensuring the security of the borders of India and for matters connected therewith. BE it enacted by Parliament in the Nineteenth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title and commencement.—(1) This Act may be called the Border Security Force Act,** 1968. (2) It shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette, appoint. **2. Definitions.—(1) In this Act, unless the context otherwise requires,—** (a) “active duty”, in relation to a person subject to this Act, means any duty as a member of the Force during the period in which such person is attached to, or forms part of, a unit of the Force— (i) Which is engaged in operations against an enemy, or (ii) which is operating at a picket or engaged on patrol or other guard duty along the borders of India, and includes duty by such person during any period declared by the Central Government by notification in the Official Gazette as a period of active duty with reference to any area in which any person or class of persons subject to this Act may be serving; (b) “battalion” means a unit of the Force constituted as a battalion by the Central Government; (c) “Chief Law Officer” and “Law Officer” mean, respectively, the Chief Law officer and a Law Officer of the Force appointed by the Central Government; (d) “civil offence” means an offence which is triable by a criminal court; (e) “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; (f) “Commandant”, when used in any provision of this Act with reference to any unit of the Force, means the officer whose duty it is under the rules to discharge with respect to that unit, the functions of a Commandant in regard to matters of the description referred to in that provision; (g)”criminal court” means a court of ordinary criminal justice in any part of India; (h) “Deputy Inspector-General” means a Deputy Inspector General of the Force appointed under section 5; (i) “Director-General” means the Director-General of the Force appointed under section 5; (j) “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 this Act to take action; (k) “enrolled person” means an under-officer or other person enrolled under this Act; (l) “Force” means the Border Security Force; (m) “Force custody” means the arrest or confinement of a member of the Force according to rules; 1. 1st March, 1969, vide notification No. S.O. 732(E), dated 20th February, 1969, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 5 ----- (n) “Inspector-General” means the Inspector-General of the Force appointed under section 5; (o) “member of the Force” means an officer, a subordinate officer, an under-officer or other enrolled person; (p) “notification” means a notification published in the Official Gazette; (q) “offence” means any act or omission punishable under this Act and includes a civil offence; (r) “officer” means a person appointed or in pay as an officer of the Force, but does not include a subordinate officer or an under-officer; (s) “prescribed” means prescribed by rules made under this Act; (t) “rule” means a rule made under this Act; (u) “Security Force Court” means a court referred to in section 64; (v) “subordinate officer” means a person appointed or in pay as a Subedar-Major, a Subedar or a Sub-Inspector of the Force; (w) “superior officer”, when used in relation to a person subject to this Act, means— (i) any member of the Force to whose command such person is for the time being subject in accordance with the rules; (ii) any officer of higher rank or class or of a higher grade in the same class; and includes when such person is not an officer, a subordinate officer or an under-officer of higher rank, class or grade: (x) “under-officer” means a Head Constable, Naik and Lance Naik of the Force; (y) all words and expressions used and not defined in this Act but defined in the Indian Penal Code (45 of 1860) shall have the meanings assigned to them in that Code. (2) In this Act, references to any law not in force in the State of Jammu and Kashmir* shall be construed as references to the corresponding law in force in that State. **3. Persons subject to this Act.—(1) The following persons shall be subject to this Act, wherever they** may be, namely:— (a) officers and subordinate officers; and (b) under-officers and other persons enrolled under this Act. (2) Every person subject to this Act shall remain so subject until retired, discharged, released, removed or dismissed from the Force in accordance with the provisions of this Act and the rules. CHAPTER II CONSTITUTION OF THE FORCE AND CONDITIONS OF SERVICE OF THE MEMBERS OF THE FORCE **4. Constitution of the Force.—(1) There shall be an armed force of the Union called the Border** Security Force for ensuring the security of the borders of India. (2) Subject to the provisions of this Act, the Force shall be constituted in such manner as may be prescribed and the conditions of service of the members of the Force shall be such as may be prescribed. **5. Control, direction.—(1) The general superintendence, direction and control of the Force shall vest** in and be exercised by the Central Government and subject thereto and to the provisions of this Act and the rules, the command and supervision of the Force shall vest in an officer to be appointed by the Central Government as the Director-General of the Force. (2) The Director-General shall, in the discharge of his duties under this Act, be assisted by such number of Inspectors-General, Deputy Inspectors-General, Commandants and other officers as may be prescribed by the Central Government. *. 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 ----- **6. Enrolment.—(1) The persons to be enrolled to the Force, the mode of enrolment, and the** procedure for enrolment shall be such as may be prescribed by the Central Government. (2) Notwithstanding anything contained in this Act and the rules, every person who has, for a continuous period of three months, been in receipt of pay as a person enrolled under this Act and borne on the rolls of the Force shall be deemed to have been duly enrolled. **7. Liability for service outside India.—Every member of the Force shall be liable to serve in any** part of India as well as outside India. **8. Resignation and withdrawal from the post.—No member of the Force shall be at liberty,—** (a) to resign his appointment during the term of his engagement; or (b) to withdraw himself from all or any of the duties of his appointment, except with the previous permission in writing of the prescribed authority. **9. Tenure of service under the Act.—Every person subject to this Act shall hold office during the** pleasure of the President. **10. Termination of service by Central Government.—Subject to the provisions of this Act and the** rules, the Central Government may dismiss or remove from the service any person subject to this Act. **11. Dismissal, removal of reduction by the Director-General and by other officers.—(1) The** Director-General or any Inspector-General may dismiss or remove from the service or reduce to a lower grade or rank or the ranks any person subject to this Act other than an officer. (2) An officer not below the rank of Deputy Inspector-General or any prescribed officer may dismiss or remove from the service any person under his command other than an officer or a subordinate officer of such rank or ranks is may be prescribed. (3) Any such officer as is mentioned in sub-section (2) may reduce to a lower grade or rank or the ranks any person under his command except an officer or a subordinate officer. (4) The exercise of any power under this section shall be subject to the provisions of this Act and the rules. **12. Certificate of termination of service.—A subordinate officer, or an under-officer or other** enrolled person who is retired, discharged, released, removed or dismissed from the service shall be furnished by the officer, to whose command he is subject, with a certificate in the language which is the mother tongue of such person and also in Hindi or 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 Force. **13. Restrictions respecting right to form association, freedom of speech, etc.—(1) No person** subject to this Act shall, without the previous sanction in writing of the Central Government or of the prescribed authority,— (a) be a member of, or be associated in any way with, any trade union, labour union, political association or with any class of trade unions, labour unions or political associations; or (b) be a member of, or be associated in any way with, any society, institution, association or organisation that is not recognised as part of the Force or is not of a purely social, recreational or religious nature; or (c) communicate with the press or publish or cause to be published any book, letter or other document except where such communication or publication is in the bona fide discharge of his duties or is of a purely literary artistic or scientific character or is of a prescribed nature. 7 ----- _Explanation.—If any question arises as to whether any society, institution, association or organisation_ is of a purely social, recreational or religious nature under clause (b) of this sub-section, the decision of the Central Government thereon shall be final. (2) No person subject to this Act shall participate in, or address, any meeting or take part in any demonstration organised by any body of persons for any political purposes or for such other purposes as may be prescribed. CHAPTER III OFFENCES **14. 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 post, place or guard, committed to his charge or which it is his duty to defend; or (b) intentionally uses any means to compel or induce any person subject to this Act or 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 in any other manner whatsoever; or (f) in time of active operation against the enemy, intentionally occasions a fase alarm in action, camp, quarters, or spreads or causes to be spread reports calculated to create alarm or despondency; or (g) in time of action leaves his Commandant or other superior officer or his post, guard, picket, patrol or party without being regularly relieved or without leave; or (h) having been captured by the enemy or made a prisoner of war, voluntarily serves with or aids the enemy; or (i) knowingly harbours or protects an enemy not being a prisoner; or (j) being a sentry in time of active operation against the enemy or alarm, sleeps upon his post or is intoxicated; or (k) knowingly does any act calculated to imperil the success of the Force or the military, naval or air forces of India or any forces co-operating therewith or any part of such forces, shall, on conviction by a Security Force Court, be liable to suffer death or such less punishment as is in this Act mentioned. **15. 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 or captured by the enemy, by want of due precaution or through disobedience of orders, or wilful neglect of duty, or having been taken prisoner or so captured 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 any person in league with the enemy or having come by the knowledge of any such correspondence or communication, wilfully omits to discover it immediately to his Commandant or other superior officer, 8 ----- shall, on conviction by a Security force Court, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned. **16. Offences punishable more severly on active duty 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, picket, patrol or post; or (e) intentionally or through neglect occasions a false alarm in camp or quarters, or spreads or causes to be spread 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 a Security Force Court,— (A) if he commits any such offence when on active duty, 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 (B) if he commits any such offence when not on active duty, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned. **17. 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 person to cause any mutiny in the Force or 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 mutiny or of any such conspiracy, does not, without delay, give information thereof to his Commandant or other superior officer; or (e) endeavours to seduce any person in the Force or in the military, naval or air forces of India or any forces co-operating therewith from his duty or allegiance to the Union, shall, on conviction by a Security Force Court, be liable to suffer death or such less punishment as is in this Act mentioned. **18. Desertion and aiding desertion.—(1) Any person subject to this Act who deserts or attempts to** desert the service shall, on conviction by a Security Force Court,— (a) if he commits the offence when on active duty or when under orders for active duty, be liable to suffer death or such less punishment as is in this Act mentioned; and (b) 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 a Security Force Court, 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 a Security Force 9 ----- Court, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned. **19. 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 the appropriate authority that any battalion or part thereof or any other unit of the Force, to which he belongs, has been ordered on active duty, 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 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 a Security Force Court, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this Act mentioned. **20. 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; shall, on conviction by a Security Force Court,— (A) if such officer is at the time in the execution of his office or, if the offence is committed on active duty, 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 (B) 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 any offence specified in clause (c), the imprisonment shall not exceed five years. **21. 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 a Security Force Court, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as 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 a Security Force Court,— (a) if he commits such offence when on active duty, 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 (b) if he commits such offence when not on active duty, be liable to suffer imprisonment for a term which may extend to five years or such less punishment as is in this Act mentioned. 10 ----- **22. 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 Force Police referred to in section 63 or any person lawfully acting on his behalf, or when called upon, refuses to assist in the execution of his duty a Force Police or any person lawfully acting on his behalf, shall on conviction by a Security Force Court, 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 in either case such less punishment as is in this Act mentioned. **23. 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 a Security Force Court, be liable to suffer imprisonment for a term which may extend to five years or such less punishment as is in this Act mentioned. **24. 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 a Security Force Court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned. **25. Ill-treating a subordinate.—Any officer, subordinate officer or under-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 a Security Force Court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned. **26. Intoxication.—Any person subject to this Act who is found in a state of intoxication, whether on** duty or not, shall, on conviction by a Security Force Court, be liable to suffer imprisonment for a term which may extend to six months or such less punishment as is in this Act mentioned. **27. 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, picket, 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 a Security Force Court, be liable, if he has acted wilfully, to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this Act mentioned: and if he 11 ----- 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. **28. 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 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 a Security Force Court, be liable to suffer imprisonment for a term which may extend to one year or such less punishment as is in this Act mentioned. **29. Escape from custody.—Any person subject to this Act who, being in lawful custody, escapes or** attempts to escape, shall, on conviction by a Security Force Court, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this Act mentioned. **30. 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 Force mess, band or institution, or to any person subject to this Act; 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 a Security Force Court, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this Act mentioned. **31. 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 a Security Force Court, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this Act mentioned. **32. 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 a Security Force Court, 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 12 ----- specified in the other clauses, to five years, or in either case such less punishment as is in this Act mentioned. **33. 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 32, or any property belonging to any Force mess, band or institution, or to any person subject to this Act; 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 a Security Force Court, be liable, if he has acted wilfully to suffer imprisonment for a term which may extend to ten 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 five years or such less punishment as is in this Act mentioned. **34. 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 against any person subject to this Act makes any statement affecting the character of such person, knowing or having reason to believe such statement to be false, or knowingly and wilfully suppresses any material facts, shall, on conviction by a Security Force Court, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this Act mentioned. **35. Falsifying official documents and false declarations.—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 a Security Force Court, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this Act mentioned. **36. 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 13 ----- (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 a Security Force Court, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this Act mentioned. **37. Offences relating to Security Force Court.—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 Security Force Court, wilfully or without reasonable excuse, makes default in attending; or (b) refuses to take an oath or make an affirmation legally required by a Security Force Court to be taken or made; or (c) refuses to produce or deliver any document in his power or control legally required by a Security Force Court 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 the Security Force Court by using insulting or threatening language, or by causing any interruption or disturbance in the proceedings of such court, shall, on conviction by a Security Force Court, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this Act mentioned. **38. False evidence.—Any person subject to this Act who, having been duly sworn or affirmed before** any Security Force Court 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 a Security Force Court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned. **39. Unlawful detention of pay.—Any officer, subordinate officer or an under-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 a Security Force Court, be liable to suffer imprisonment for a term which may extend to five years or such less punishment as is in this Act mentioned. **40. 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 discipline of the Force shall, on conviction by a Security Force Court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned. **41. 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 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 subordinate officer, when off duty, appears without proper authority, in or about camp, or in or about, or when going to, or returning from, any town or bazaar, 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 14 ----- (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 a Security Force Court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned. **42. Attempt.—Any person subject to this Act who attempts to commit any of the offences specified** in sections 14 to 41 (both inclusive) and in such attempt does any act towards the commission of the offence shall, on conviction by a Security Force Court, where no express provision is made by this Act for the punishment of such attempt, be liable,— (a) 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 (b) 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. **43. 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 14 to 41 (both inclusive) shall, on conviction by a Security Force Court, 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. **44. 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 14, 17 and sub-section (1) of section 18 shall, on conviction by a Security Force Court, if that offence be not committed on 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. **45. 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 14 to 41 (both inclusive) and punishable with imprisonment shall, on conviction by a Security Force Court, 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. **46. Civil offences.—Subject to the provisions of section 47, 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 Security Force Court 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, he shall be liable to suffer any punishment, 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, 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. **47. Civil offences not triable by a Security Force Court.—A person subject to this Act who** commits an offence of murder or of culpable homicide not amounting to murder against, or of rape in relation to, a person not subject to this Act shall not be deemed to be guilty of an offence against this Act and shall not be tried by a Security Force Court, unless he commits any of the said offences,— (a) while on active duty; or (b) at any place outside India; or 15 ----- (c) at any place specified by the Central Government by notification in this behalf. CHAPTER IV PUNISHMENTS **48. Punishments awardable by Security Force Courts.—(1) Punishments may be inflicted in** respect of offences committed by persons subject to this Act and convicted by Security Force Courts according to the scale following, that is to say,— (a) death; (b) imprisonment which may be for the term of life or any other lesser term but excluding imprisonment for a term not exceeding three months in Force custody; (c) dismissal from the service; (d) imprisonment for a term not exceeding three months in Force custody; (e) reduction to the ranks or to a lower rank or grade or place in the list of their rank in the case of an under-officer; (f) forfeiture of seniority of rank and forfeiture of all or any part of the service for the purpose of promotion; (g) forfeiture of service for the purpose of increased pay, pension or any other prescribed purpose; (h) fine, in respect of civil offences; (i) severe reprimand or reprimand except in the case of persons below the rank of an under-officer; (j) forfeiture of pay and allowances for a period not exceeding three months for an offence committed on active duty; (k) forfeiture in the case of person sentenced to dismissal from the service of all arrears of pay and allowances and other public money due to him at the time of such dismissal; (l) stoppage of pay and allowances until any proved loss or damage occasioned by the offence for which he is convicted is made good. (2) Each of the punishments specified in sub-section (1) shall be deemed to be inferior in degree to every punishment preceding it in the above scale. **49. Alternative punishments awardable by Security Force Courts.—Subject to the provisions of** this Act, a Security Force Court may, on convicting a person subject to this Act of any of the offences specified in sections 14 to 45 (both 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 48 regard being had to the nature and degree of the offence. **50. Combination of punishments.—A sentence of a Security Force Court may award in addition to,** or without any one other punishment, the punishment specified in clause (c) of sub-section (1) of section 48, and any one or more of the punishments specified in clauses (e) to (l) (both inclusive) of that sub-section. **51. Retention in the Force of a person convicted on active duty.—When on active duty any** enrolled person has been sentenced by a Security Force Court to dismissal or to 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 imprisonment if any. **52. Punishments otherwise than by Security Force Courts.—Punishments may also be inflicted in** respect of offences committed by persons subject to this Act without the intervention of a Security Force Court in the manner stated in sections 53 and 55. **53. Minor punishments.—Subject to the provisions of section 54, a Commandant or such other** officer as is, with the consent of Central Government, specified by the Director-General may, in the 16 ----- prescribed manner, proceed against a person subject to this Act, otherwise than as an officer or a sub-ordinate 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 Force 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 any special position or special emoluments or any 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) deductions from his pay of any sum required to make good such compensation for any expense, loss, damage or destruction caused by him to the Central Government, or to any building or property as may be awarded by his Commandant. **54. Limit of punishments under section 53.—(1) In the case of an award of two or more of the** punishments specified in clauses (a), (b), (c) and (d) of section 53, the punishments specified in clause (c) or clause (d) shall take effect only at the end of the punishment specified in clause (a) or clause (b). (2) 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. (3) The punishments specified in the said clauses (a), (b) and (c) shall not be awarded to any person who is of the rank of an under-officer or was, at the time of committing the offence for which he is punished, of such rank. (4) The punishment specified in clause (g) of section 53 shall not be awarded to any person below the rank of an under-officer. **55. Punishment of persons of and below the rank of subordinate officers by Deputy** **Inspectors-General and others.—(1) An officer not below the rank of the Deputy Inspector-General or** such other officer as is, with the consent of the Central Government, specified by the Director-General may, in the prescribed manner, proceed against a person of or below the rank of a subordinate 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 the 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 Security Force Court; (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. (2) In every case in which punishment has been awarded under sub-section (1), certified true copies of the proceedings shall be forwarded, in the prescribed manner, by the officer awarding the punishment to the prescribed superior authority who may, if the punishment awarded appears to him to be illegal, unjust or excessive, cancel, vary or remit the punishment and make such other direction as may be appropriate in the circumstances of the case. **56. Collective fines.—(1) Whenever any weapon or part of a weapon, or ammunition, forming part of** the equipment of a unit of the Force, is lost or stolen, an officer not below the rank of the Commandant of 17 ----- a battalion may, after making such enquiry as he thinks fit and subject to the rules, impose a collective fine upon the subordinate officers, under-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 V ARREST AND PROCEEDINGS BEFORE TRIAL **57. Custody of offenders.—(1) Any person subject to this Act who is charged with an offence may** be taken into Force custody, under the order of any superior officer. (2) Notwithstanding anything contained in sub-section (1), an officer may order into Force custody any other officer, though such other officer may be of a higher rank, engaged in a quarrel, affray or disorder. **58. Duty of Commandant in regard to detention.—(1) It shall be the duty of every Commandant 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 reasons therefore, shall be reported by the Commandant to the Deputy Inspector-General under whom he is serving or such other officer to whom an application may be made to convene a Security Force Court 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 the Act, 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 Force custody, pending the trial by any competent authority for any offence committed by him. **59. Interval between committal and trial.—In every case where any such person as is mentioned in** section 57 and as is not on active duty, remains in such custody for a longer period then eight days without a Security force Court for his trial being convened, a special report giving reasons for the delay shall be made by his Commandant in the manner prescribed, and a similar report shall be forwarded at intervals of every eight days until a Security Force Court is convened or such person is released from custody. **60. Arrest by civil authorities.—Whenever any person subject to this Act, who is accused of an** 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 Force custody of such person upon receipt of a written application to that effect signed by his Commandant or an officer authorised by the Commandant in that behalf. **61. Capture of deserters.—(1) Whenever any person subject to this Act deserts, the Commandant of** the unit to which he belongs, shall give information of the desertion to such civil authorities as, in his opinion, may be able to the 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 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. **62. Inquiry into absence without leave.—(1) When any person subject to this Act has been absent** from duty without due authority for a period of thirty days, a court of inquiry shall, as soon as practicable, be appointed by such authority and in such manner as may be prescribed; and such court shall, on oath or 18 ----- 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 Commandant of the unit to which the person belongs shall make a record thereof in the prescribed manner. (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. **63. Force police officers.—(1) The Director-General or any prescribed officer may appoint persons** (in this Act referred to as Force police) for discharging the functions specified in sub-sections (2) and (3). (2) The duties of a person appointed under sub-section (1), 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 Force. (3) Notwithstanding anything contained in section 57, a person appointed under sub-section (1) 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 a sentence awarded by a Security Force Court or by an officer exercising authority under section 53 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. CHAPTER VI SECURITY FORCE COURTS **64. Kinds of Security Force Courts.—For the purposes of this Act there shall be three kinds of** Security Force Courts, that is to say,— (a) General Security Force Courts; (b) Petty Security Force Courts; and (c) Summary Security Force Courts. **65. Power to convence a General Security Force Court.—A General Security Force Court may be** convened by the Central Government or the Director-General or by any officer empowered in this behalf by warrant of the Director-General. **66. Power to convence a Petty Security Force Court.—A Petty Security Force Court may be** convened by an officer having power to convene a General Security Force Court or by an officer empowered in this behalf by warrant or any such officer. **67. Contents of warrants issued under sections 65 and 66.—A warrant, issued under section 65 or** section 66 may contain such restrictions, reservations or conditions as the officer issuing it may think fit. **68. Composition of General Security Force Court.—A General Security Force Court shall consist** of not less than five officers, each of whom has held the post of Deputy Superintendent of Police for not less than three whole years and of whom not less than four are of a rank not below that of a confirmed Deputy Superintendent of Police. _Explanation.—For the purposes of this section and section 69 “Deputy Superintendent of Police”_ includes any post of a higher rank and any post declared by Central Government by notification to be an equivalent post as also any post higher in rank than the post so declared. **69. Composition of a Petty Security Force Court.—A Petty Security Force Court shall consist of** not less than three officers each of whom has held the post of Deputy Superintendent of Police for not less than two whole years. **70. Summary Security Force Court.—(1) A Summary Security Force Court may be held by the** Cornandant of any unit of the Force and he alone shall constitute the Court. 19 ----- (2) The proceedings shall be attended throughout by two other persons who shall be officers or subordinate officers or one of either, and who shall not as such, be sworn or affirmed. **71. Dissolution of a Security Force Court.—(1) If a Security Force Court 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 Law Officer or of the accused before the finding, it is impossible to continue the trial, a Security Force Court shall be dissolved. (3) The officer who convened a Security Force Court may dissolve the same if it appears to him that the exigencies of the service or necessities of discipline render it impossible or inexpedient to continue the said Security Force Court. (4) Where a Security Force Court is dissolved under this section, the accused may be tried again. **72. Powers of a General Security Force Court.—A General Security Force Court shall have the** power to try any person subject to this Act for any offence punishable thereunder and to pass any sentence authorised thereby. **73. Powers of a Petty Security Force Court.—A Petty Security Force Court shall have power to try** any person subject to this Act other than an officer or subordinate officer for any offence made punishable thereunder and to pass any sentence authorised by this Act other than a sentence of death, or imprisonment for a term exceeding two years. **74. Powers of a Summary Security Force Court.—(1) Subject to the provisions of sub-section (2),** a Summary Security Force Court 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 Petty Security Force Court for the trial of the alleged offender, an officer holding a Summary Security Force Court shall not try without such reference any offence punishable under any of the sections 14, 17 and 46 of this Act, or any offence against the officer holding the court. (3) A Summary Security Force Court may try any person subject to this Act and under the command of the officer holding the court, except an officer, or a subordinate officer. (4) A Summary Security Force Court may pass any sentence which may be passed under this Act except the sentence of death 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,— (a) one year, if the officer holding the Security Force Court has held either the post of Superintendent of Police or a post declared by the Central Government by notification to be equivalent thereto, for a period of not less than three years or holds a post of higher rank than either of the said post; and (b) three months, in any other case. **75. Prohibition of second trial.—(1) When any person subject to this Act has been acquitted or** convicted of an offence by a Security Force Court or by a criminal court or has been dealt with under section 53 or under section 55, he shall not be liable to be tried again for the same offence by a Security Force Court or dealt with under the said sections. (2) When any person, subject to this Act, has been acquitted or convicted of an offence by a Security Force Court or has been dealt with under section 53 or section 55, he shall not be liable to be tried again by a criminal court for the same offence or on the same facts. **76. Period of limitation for trial for an offence of desertion in certain cases.—No trial for an** offence of desertion, other than desertion on active duty, 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 unit of the Force. 20 ----- **77. Trial, etc., of offender who ceases to be subject to this 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 Force 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 within six months after he had ceased to be this Act: Provided that nothing contained in this sub-section shall apply to the trial of any such person for an offence of desertion or for any of the offences mentioned in section 17 or shall affect the jurisdiction of a criminal court to try any offence triable by such court as well as by a Security Force Court. **78. Application of Act during term of sentence.—(1) When a person subject to this Act is sentenced** by a Security Force Court to imprisonment, this Act shall apply to him during the term of his sentence, though he is dismissed from the 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. (2) When a person subject to this Act is sentenced by a Security Force Court to death, this Act shall apply to him till the sentence is carried out. **79. 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. **80. Choice between criminal court and Security Force Court.—When a criminal court and a** Security Force Court have each jurisdiction in respect of an offence, it shall be in the discretion of the Director-General, or the Inspector-General or the Deputy Inspector-General within whose command 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 shall be instituted before a Security Force Court, to direct that the accused person shall be detained in Force custody. **81. 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 80 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. CHAPTER VII PROCEDURE OF SECURITY FORCE COURTS **82. Presiding Officer.—At every General Security Force Court or Petty Security Force Court, the** senior member shall be the presiding officer. **83. Law Officers.—Every General Security Force Court shall, and every Petty Security Force Court** may, be attended by a Law Officer, or if no such officer is available, an officer approved by the Chief Law Officer or a Law Officer. **84. Challenges.—(1) At all trials by a General Security Force Court or by a Petty Security Force** Court, 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 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. 21 ----- (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 a 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. **85. Oaths of member, Law Officer and witness.—(1) An oath or affirmation in the prescribed** manner shall be administered to every member of every Security Force Court and to the Law Officer or as the case may be the officer approved under section 83, before the commencement of the trial. (2) Every person giving evidence before a Security Force Court shall be examined after being duly sworn or affirmed in the prescribed form. (3) The provisions of sub-section (2) shall not apply where the witness is a child under twelve years of age and the Security Force Court 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. **86. Voting by members.—(1) Subject to the provisions of sub-sections (2) and (3), every decision of** a Security Force Court 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 Security Force Court without the concurrence of at least two-thirds of the members of the court. (3) In matters, other than a challenge or the finding or sentence, the presiding officer shall have a casting vote. **87. 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 Security Force Court. **88. Judicial notice.—A Security Force Court may take judicial notice of any matter within the** general knowledge of the members as officers of the Force. **89. Summoning witnesses.—(1) The convening officer, the presiding officer of a Security Force** Court, the Law Officer or, as the case may be, the officer approved under section 83 or the Commandant 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 who is subject to this Act, the summons shall be sent to his Commandant 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 resides, and such magistrate shall give effect to the summons as if the witness were required in the court of such a magistrate. (4) When a witness is required to produce any particular document of other thing in his possession or power, the summons shall describe it with reasonable precision. **90. Documents exempted from production.—(1) Nothing in section 89 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 Sessions, wanted for the purpose of any Security Force Court, 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 such search to be made for, and to detain such document pending 22 ----- the orders of any such District Magistrate, Chief Presidency Magistrate or High Court or Court of Sessions. **91. Commissions for examination of witnesses.—(1) Whenever, in the course of a trial by a** Security Force Court, 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 Law Officer in order that a commission to take the evidence of such witness may be issued. (2) The Chief Law Officer 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 the trials of warrant-cases under the Code of Criminal Procedure, 1898 (5 of 1898). (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.). **92. Examination of a witness on commission.—(1) The prosecutor and the accused person in any** case in which a commission is issued under section 91 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 91 has been duly executed, it shall be returned, together with the deposition of the witness examined thereunder to the Chief Law Officer. (4) On receipt of a Commission, and deposition returned under sub-section (3), the Chief Law Officer 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 91, the trial may be adjourned for specified time reasonably sufficient for the execution and return of the commission. **93. Conviction of offence not charged.—(1) A person charged before a Security Force Court with** desertion may be found guilty of attempting to desert or of being absent without leave. (2) A person charged before a Security Force Court with attempting to desert may be found guilty of being absent without leave. (3) A person charged before a Security Force Court with using criminal force may be found guilty of assault. (4) A person charged before a Security Force Court with using threatening language may be found guilty of using insubordinate language. (5) A person charged before a Security Force Court with any one of the offences specified in clauses (a), (b), (c) and (d) of section 30 may be found guilty of any other of these offences with which he might have been charged. (6) A person charged before a Security Force Court with an offence punishable under section 46 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. 23 ----- (7) A person charged before a Security Force Court 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 Security Force Court 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. **94. 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. **95. 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. **96. Presumption as to certain documents.—(1) A letter, return or other document respecting the** service of any person in, or the dismissal or discharge of any person from, any unit of the Force, or respecting the circumstances of any person not having served in, or belonged to, any unit of the Force, if purporting to be signed by or on behalf of the Central Government or the Director-General, or by any prescribed officer, shall be evidence of the facts stated in such letter, return or other document. (2) A Border Security Force List or Gazette purporting to be published by authority shall be evidence of the status and rank of the officers, subordinate officers therein mentioned, and of any appointment held by them and of the battalion, unit, or branch of the Force to which they belong. (3) Where a record is made in any battalion book in pursuance of this Act or of any rules made thereunder or otherwise in the discharge of official duties, and purports to be signed by the Commandant 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 battalion 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 unit of the Force, or has been apprehended by such officer or person, a certificate purporting to be signed by such officer, or by the Commandant of the unit 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. (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. **97. 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 accused person 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 24 ----- 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. **98. Evidence of previous convictions and general character.—(1) When any person subject to this** Act has been convicted by a Security Force Court of any offence, such Security Force Court may inquire into, and receive, and record evidence of any previous convictions of such person, either by a Security Force Court or by a criminal court, or any previous award of punishment under section 53 or 55, 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, books of Security Force Courts 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 Security Force Court, 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. **99. Lunacy of accused.—(1) Whenever, in the course of a trial by a Security Force Court, 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 Security Force Court, 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 115, 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 Security Force Court for the offence with which he was charged. (4) The authority to whom the finding of a Summary Security Force Court is reported under sub-section (2), and a confirming officer confirming the 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. **100. 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 99, any officer prescribed in this behalf, may— (a) if such person is in custody under sub-section (4) of section 99, 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 99, 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 and if he is detained in any other place under that sub-section, on a certificate of the prescribed authority, that he is capable of making his defence, take steps to have such person tried by the same or another Security Force 25 ----- Court for the offence with which he was originally charged or, if the offence is a civil offence, by a criminal court. **101. Transmission to Central Government of orders under section 100.—A copy of every** order made by an officer under section 100 for the trial of the accused shall forthwith be sent to the Central Government. **102. Release of lunatic accused.—Where any person is in custody under sub-section (4) of section** 99 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 100 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. **103. Delivery of lunatic accused to relatives.—Where any relative or friend of any person who is in** custody under sub-section (4) of section 99 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 to 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. **104. 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 Security Force Court 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. **105. Order for disposal of property regarding which offence is committed.—(1) After the** conclusion of a trial before any Security Force Court, the court or the officer confirming the finding or sentence of such Security Force Court, or any authority superior to such officer, or, in the case of a Summary Security Force Court whose finding or sentence does not require confirmation, an officer not below the rank of Deputy Inspector-General within whose command 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 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). (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. **106. Powers of Security Force Court in relation to proceedings under this Act.—Any trial by a** Security Force Court 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 Security Force Court 26 ----- 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 VIII CONFIRMATION AND REVISION **107. Finding and sentence not valid, unless confirmed.—No finding or sentence of a General** Security Force Court or a Petty Security Force Court shall be valid except so far as it may be confirmed as provided by this Act. **108. Power to confirm finding and sentence of General Security Force Court.—The findings and** sentences of General Security Force Courts may be confirmed by the Central Government or by any officer empowered in this behalf by warrant of the Central Government. **109. Power to confirm finding and sentence of Petty Security Force Court.—The findings and** sentences of Petty Security Force Courts may be confirmed by an officer having power to convene a General Security Force Court or by any officer empowered in this behalf by warrant of such officer. **110. Limitation of powers of confirming authority.—A warrant issued under section 108 or section** 109 may contain such restrictions, reservations or conditions as the authority issuing it may think fit. **111. Power of confirming authority to mitigate, remit or commute sentences.—Subject to such** restrictions, reservations or conditions, as may be contained in any warrant issued under section 108 or section 109, a confirming authority may, when confirming the sentence of a Security Force Court, mitigate or remit the punishment thereby awarded, or commute that punishment for any punishment or punishments lower in the scale laid down in section 48. **112. Confirming of findings and sentences on board a ship.—When any person subject to this Act** is tried and sentenced by a Security Force Court 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. **113. Revision of finding or sentence.—(1) Any finding or sentence of a Security Force Court 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 Security Force Court, it still consists of five officers, or, if a Petty Security Force Court, of three officers. **114. Finding and sentence of a Summary Security Force Court.—(1) Save as otherwise provided** in sub-section (2), the finding and sentence of a Summary Security Force Court shall not require to be confirmed, but may be carried out forthwith. (2) If the officer holding the trial is of the rank of Superintendent of Police or of a rank declared under clause (a) of sub-section (5) of section 74 as equivalent thereto or of a lower rank and has held such rank for less than five years, he shall not, except on active duty, carry into effect any sentence, until it has received the approval of an officer not below the rank of Deputy Inspector-General. **115. Transmission of proceedings of Summary Security Force Courts.—The proceedings of every** Summary Security Force Court shall, without delay, be forwarded to the officer not below the rank of Deputy Inspector-General within whose command the trial was held, or to the prescribed officer, and such officer, or the Director-General or any officer empowered by him in this behalf may, for reasons based on the merits of the case, but not on merely technical grounds, set aside the proceedings, or reduce the sentence to any other sentence which the court might have passed. **116. Alteration of finding or sentence in certain cases.—(1) Where a finding of guilty by a Security** Force Court, 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 27 ----- section 128 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 Security Force Court on the charge and unless it appears that the Security Force Court must have been satisfied of the facts establishing the said offence. (2) Where a sentence passed by a Security Force Court 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, have effect as if it were a finding or sentence, as the case may be, of a Security Force Court. **117. Remedy against order, finding or sentence of Security Force Court.—(1) Any person subject** to this Act who considers himself aggrieved by any order passed by any Security Force Court may present a petition to the officer or authority empowered to confirm any finding or sentence of such Security Force Court, 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 Security Force Court which has been confirmed, may present a petition to the Central Government, the Director-General, or any prescribed officer superior in command to the one who confirmed such finding or sentence, and the Central Government, the Director-General, or the prescribed officer, as the case may be, may pass such order thereon as it or he thinks fit. **118. Annulment of proceedings.—The Central Government, the Director-General, or any prescribed** officer may annul the proceedings of any Security Force Court on the ground that they are illegal or unjust. CHAPTER IX EXECUTION OF SENTENCE, PARDONS, REMISSIONS, ETC. **119. Form of sentence of death.—In awarding a sentence of death, a Security Force Court 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. **120. Commencement of sentence of imprisonment.—Whenever any person is sentenced by a** Security Force Court under this Act to 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 Security Force Court, by the court. **121. Execution of sentence of imprisonment.—(1) Whenever any sentence of imprisonment is** passed under this Act by a Security Force Court or whenever any sentence of death is commuted to imprisonment, the confirming officer or in case of a Summary Security Force Court 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 that the sentence shall be carried out by confinement in a civil prison. (2) When a direction has been made under sub-section (1) the Commandant 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. 28 ----- (3) In the case of a sentence of imprisonment for a period not exceeding three months and passed under this Act by a Security Force Court, the appropriate officer under sub-section (1) may direct that the sentence shall be carried out by confinement in Force custody instead of in a civil prison. (4) On active duty, a sentence of imprisonment may be carried out by confinement in such place as the Deputy Inspector-General within whose command the person sentenced is serving or any prescribed officer, may from time to time appoint. 1[(121A) Period of custody undergone by a person to be set off against the **imprisonment.—When any person subject to this Act is sentenced by a Security Force Court to a term of** imprisonment, not being an imprisonment in default of payment of fine, the period spend by him in civil or Force 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 to undergo imprisonment on such order of sentence shall be restricted to the remainder, if any, of the term of imprisonment imposed upon him.] **122. Temporary custody of offender.—Where a sentence of imprisonment is directed to be** undergone in a civil prison the offender may be kept in Force custody or in any other fit place, till such time as it is possible to send him to a civil prison. **123. Execution of sentence of imprisonment in special cases.—Whenever, in the opinion of an** officer not below the rank of Deputy Inspector-General within whose command the trial is held, any sentence or portion of a sentence of imprisonment cannot for special reasons, conveniently be carried out in Force custody in accordance with the provisions of section 121, 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. **124. Conveyance of prisoner from place to place.—A person under sentence of 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. **125. 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 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. **126. Execution of sentence of fine.—When a sentence of fine is imposed by a Security Force Court** under section 46, 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 Code of Criminal Procedure, 1898 (5 of 1898), as if it were a sentence of fine imposed by such magistrate. **127. Informality or error in the order or warrant.—Whenever any person is sentenced to** 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 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. **128. Pardon and remission.—When any person subject to this Act has been convicted by a Security** Force Court of any offence, the Central Government or the Director-General or, in the case of a sentence, which he could have confirmed or which did not require confirmation, an officer not below the rank of Deputy Inspector-General within whose command 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 1. Ins. by Act 35 of 2000, s. 2 (w.e.f. 1-9-2000). 29 ----- (c) commute such punishment for any less punishment or punishments mentioned in this Act; (d) either with or without conditions which the person sentenced accepts, release the person on parole. **129. 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 imprisonment is carried into effect under the provisions of sub-section (1) shall undergo only the unexpired portion of his sentence. **130. Suspension of sentence of imprisonment.—(1) Where a person subject to this Act is sentenced** by a Security Force Court to imprisonment, the Central Government, the Director-General or any officer empowered to convene a General Security Force Court may suspend the sentence whether or not the offender has already been committed to prison or to 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 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. **131. Orders pending suspension.—(1) Where the sentence referred to in section 130 is imposed by a** Security Force Court other than a Summary Security Force Court, the confirming officer may, when confirming the sentence, direct that the offender be not committed to prison or to Force custody until the orders of the authority or officer specified in section 130, have been obtained. (2) Where a sentence of imprisonment is imposed by a Summary Security Force Court, the officer holding the trial or the officer authorised to approve of the sentence under sub-section (2) of section 114 may make the direction referred to in sub-section (1). **132. Release on suspension.—Where a sentence is suspended under section 130, the offender shall** forthwith be released from custody. **133. 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. **134. Order after suspension.—The authority or officer specified in section 130 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. **135. 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 130, or by any officer not below the rank of a Deputy Inspector-General duly authorised by the authority or officer specified in section 130. (2) Where on such reconsideration by the officer so authorised it appears to him that the conduct of 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 130. **136. 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; 30 ----- (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 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 134 or section 135 continue to be suspended. **137. Scope of power of suspension.—The powers conferred by sections 130 and 134 shall be** in addition to, and not in derogation of, the power of mitigation, remission and commutation. **138. Effect of suspension and remission on dismissal.—(1) Where in addition to any other sentence** the punishment of dismissal has been awarded by a Security Force Court, and such other sentence is suspended under section 130, then, such dismissal shall not take effect until so ordered by the authority or officer specified in section 130. (2) If such other sentence is remitted under section 134, the punishment of dismissal shall also be remitted. CHAPTER X MISCELLANEOUS **139. Powers and duties conferrable and imposable on members of the Force.—(1) The Central** Government may, by general or special order published in the Official Gazette direct that, subject to such conditions and limitations, and within the local limits of such area adjoining the borders of India, as may be specified in the order, any member of the Force may,— (i) for the purpose of prevention of any offence punishable under the Passport (Entry into India) Act, 1920 (34 of 1920), the Registration of Foreigners Act, 1939 (16 of 1939), the Central Excises and Salt Act, 1944 (1 of 1944), the Foreigners Act, 1946 (31 of 1946), the Foreign Exchange Regulation Act, 1947 (7 of 1947), the Customs Act, 1962 (52 of 1962), or the Passports Act, 1967 (15 of 1967), or of any cognizable offence punishable under any other Central Act; or (ii) for the purpose of apprehending any person who has committed any offence referred to in clause (i), exercise or discharge such of the powers or duties under that Act or any other Central Act as may be specified in the said order, being the powers and duties which, in the opinion of the Central Government, an officer of the corresponding or lower rank is by that or such other Act empowered to exercise or discharge for the said purposes. (2) The Central Government may, by general or special order published in the Official Gazette, confer or impose, with the concurrence of the State Government concerned, any of the powers or duties which may be exercised or discharged under a State Act by a police officer upon a member of the Force who, in the opinion of the Central Government, holds a corresponding or higher rank. (3) Every order 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 [1][in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid] both Houses agree in making any modification in the order or both Houses agree that the order should not be made, the order shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that order. **140. 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, it shall be lawful for him to plead that such act was done by him under the authority of such warrant or order. 1. Subs. by Act 4 of 1986, s. 2 and the Schedule, for certain words (w.e.f. 15-5-1986). 31 ----- (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, 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. **141. Power to make rules.—(1) The Central Government may, by notification, make rules for the** purpose of carrying into effect 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 constitution, governance, command and discipline of the Force; (b) the enrolment of persons to the Force and the recruitment of other members of the Force; (c) the conditions of service (including deductions from pay and allowances) of members of the Force; (d) the rank, precedence, powers of command and authority of the officers, subordinate officers, under-officers and other persons subject to this Act; (e) the removal, retirement release or discharge from the service of persons subject to this Act; (f) the purposes and other matters required to be prescribed under section 13; (g) the convening, constitution, adjournment, dissolution and sittings of Security Force Courts, the procedure to be observed in trials by such courts the persons by whom an accused may be defended in such trial and the appearance of such persons thereat; (h) the confirmation, revision and annulment of, and petitions against, the findings and sentences of Security Force Courts; (i) the [1][forms of orders] to be made under the provisions of this Act relating to Security Force Courts and the awards and infliction of death, imprisonment and detention; (j) the carrying into effect of sentences of Security Force Courts; (k) any matter necessary for the purpose of carrying this Act into execution, as far as it relates to the investigation, arrest, custody, trial and punishment of offences triable or punishable under this Act; (l) the ceremonials to be observed and marks of respect to be paid in the Force; (m) the convening of, the constitution, procedure and practice of, courts of inquiry, the summoning of witnesses before them and the administration of oaths by such Courts; (n) the recruitment and conditions of service of the Chief Law Officer and the Law Officers; (o) any other matter which is to be, or may be prescribed or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary for the proper implementation of 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 session 1. Subs. by Act 19 of 1988, s. 3 and the Second Schedule, for “forms or orders” (w.e.f. 31-3-1988). 32 ----- or [1][in two 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. **142. Provisions as to existing Border Security Force.—(1) The Border Security Force in existence** at the commencement of this Act shall be deemed to be the Force constituted under this Act. (2) Members of the Border Security Force in existence at the commencement of this Act shall be deemed to have been appointed or as the case may be, enrolled as such under this Act. (3) Anything done or any action taken before the commencement of this Act in relation to the constitution of the Border Security Force referred to in sub-section (1), in relation to any person appointed or enrolled, as the case may be, thereto, shall be as valid and as effective in law as if such thing or action was done or taken under this Act: Provided that nothing in this sub-section shall render any person guilty of any offence in respect of anything done or omitted to be done by him before the commencement of this Act. 1. Subs. by Act 4 of 1986, s. 2 and the Schedule, for certain words (w.e.f. 15-5-1986). 33 -----

2-Dec-1968

50

The Central Industrial Security Force  Act, 1968

https://www.indiacode.nic.in/bitstream/123456789/1599/3/A1968-50.pdf

central

# THE CENTRAL INDUSTRIAL SECURITY FORCE ACT, 1968 ____________ # ARRANGEMENT OF SECTIONS ____________ SECTIONS 1. Short title, extent and commencement. 2. Definitions. 3. Constitution of the Force. 4. Appointment and powers of supervisory officers. 5. Appointment of enrolled members of the Force. 6. Certificates of enrolled members of the Force. 7. Superintendence and administration of the Force. 8. Dismissal, removal, etc., of members of the Force. 9. Appeal and revision. 10. Duties of members of the Force. 11. Power to arrest without warrant. 12. Power to search without warrant. 13. Procedure to be followed after arrest. 14. Deputation of the Force to industrial undertakings in public sector, joint venture or private sector. 14A. Technical Consultancy Service to industrial establishments. 15. Officers and members of the Force to be considered always on duty and liable to be employed anywhere in India. 15A. Restrictions respecting right to form association, etc. 16. Responsibilities of members of the Force during suspension. 17. Surrender of certificate, arms, etc., by persons ceasing to be members of the Force. 18. Penalties for neglect of duty, etc. 19. Application of Act 22 of 1922 to officers and members of the Force. 20. Certain Acts not to apply to members of the Force. 21. Protection of acts of officers and members of the Force. 22. Power to make rules. THE SCHEDULE. 1 ----- # THE CENTRAL INDUSTRIAL SECURITY FORCE ACT, 1968 ACT NO. 50 OF 1968 [2nd December, 1968.] 1[An Act to provide for the constitution and regulation of an armed force of the Union for the # better protection and security of industrial undertakings owned by the Central Government, certain other industrial undertakings, employees of all such undertakings and to provide technical consultancy services to industrial establishments in the private sector and for matters connected therewith.] BE it enacted by Parliament in the Nineteenth Year of the Republic of India as follows:— **1. Short title, extent and commencement.—(1) This Act may be called the Central Industrial** Security Force Act, 1968. (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. Definitions.—(1) In this Act, unless the context otherwise requires,—** 3[(a) “Director-General” means the Director-General of the Force appointed under section 4; (aa) “enrolled member of the Force” means any subordinate officer, under officer or any other member of the Force of a rank lower than that of an under officer; (ab) “Force” means the Central Industrial Security Force constituted under section 3; (ac) “Force custody” means the arrest or confinement of a member of the Force in accordance with rules made under this Act;] (b) “industrial undertaking” means any undertaking pertaining to a scheduled industry and includes an undertaking engaged in any other industry, or in any trade, business or service which may be regulated by Parliament by law; (c) “industrial undertaking in public sector” means an industrial undertaking owned, controlled or managed by— (i) a Government company as defined in section 617 of the Companies Act, 1956 (1 of 1956), (ii) a corporation established by or under a Central, Provincial or State Act, which is controlled or managed by the Government; 4[(ca) “industrial establishment” means an industrial undertaking or a company as defined under section 3 of the Companies Act, 1956 (1 of 1956),or a firm registered under section 59 of the Indian Partnership Act, 1932 (9 of 1932),which is engaged in any industry, or in any trade, business or service;] 5[(cb) “joint venture” means a venture jointly undertaken by the Central Government or State Government with private industrial undertaking;] 6* - - - (e) “Managing Director”, in relation to an industrial undertaking, means the person (whether called a managing agent, general manager, manager, chief executive officer or by any other name) who exercises control over the affairs of that undertaking; 1. Subs. by Act 40 of 1999, s. 2, for long title (w.e.f. 29-12-1999). 2. 10th March, 1969, _vide_ notification No. S.O. 924, dated 3rd March, 1969, _see_ Gazette of India, Extraordinary, Part II, sec. 3(ii). 3. Subs. by Act 14 of 1983, s. 3, for clause (a) (w.e.f. 15-6-1983). 4. Ins. by Act 40 of 1999, s. 3 (w.e.f. 29-12-1999). 5. Ins. by Act 22 of 2009, s. 2 (w.e.f. 10-1-2009). 6. Clause (d) omitted by Act 14 of 1983, s. 3 (w.e.f. 15-6-1983). 2 ----- (f) “members of the Force” means a person appointed to the Force under this Act [1]***; (g) “prescribed” means prescribed by rules made under this Act; 2[„(ga) “private industrial undertaking” means an industry owned, controlled or managed by a person other than the Central or State Government or any industrial undertaking in public sector;‟] (h) “scheduled industry” means any industry engaged in the manufacture or production of the articles mentioned in the First Schedule to the Industries (Development and Regulation) Act, 1951 (65 of 1951); 3[„(ha) “subordinate officer” means a person appointed to the Force as an Inspector, a Sub Inspector or an Assistant Sub-Inspector;‟;] (i) “supervisory officer” means any of the officers appointed under section 4 and includes any other officer appointed by the Central Government as a supervisory officer of the Force. 3[„(j) “under officer” means a person appointed to the Force as a Head Constable, Naik or Lance Naik.‟] 4[(2) Any reference in this Act to a law which is not in force in any area shall, in relation to that area, be construed as a reference to the corresponding law, if any, in force in that area.] **3. Constitution of the Force.—(1) There shall be constituted and maintained by the Central** Government [5][an armed force of the Union] to be called the Central Industrial Security Force for the better protection and security of industrial undertakings owned by that Government[6][,joint venture or private industrial undertaking][7][and to perform such other duties as may be entrusted to it by the Central Government]. (2) The Force shall be constituted in such manner, shall consist of such number of [8][supervisory officers, subordinate officers, under officers and other enrolled members] of the Force who shall receive such pay and other remuneration as may be prescribed. **4. Appointment and powers of supervisory officers.—[9][(1) The Central Government may appoint a** a person to be the Director-General of the Force and such other supervisory officers as considered necessary.] (2) The [10][Director-General] and every other supervisory officer so appointed shall have, and may exercise, such powers and authority as is provided by or under this Act. **5. Appointment of enrolled members of the Force.—The[11][appointment of the enrolled members of** the Force shall rest with the Director-General] who shall exercise that power in accordance with rules made under this Act: Provided that the power of appointment under this section may also be exercised by such other supervisory officer as the Central Government may by order specify in this behalf. **6. Certificates of enrolled members of the Force.—[12][(1) Every enrolled member of the Force shall** receive on his appointment a certificate in the form specified in the Schedule, under the seal of the Director-General or such other supervisory officer as the Director-General may specify in this behalf, by virtue of which the person holding such certificate shall be vested with the powers of an enrolled member of the Force.] (2) Such certificate shall cease to have effect whenever the person named in it ceases for any reason to be [13][an enrolled member] of the Force. 1. The words “,other than a supervisory officer” omitted by Act 14 of 1983, s. 3 (w.e.f. 15-6-1983). 2. Ins. by Act 22 of 2009, s. 2 (w.e.f. 10-1-2009). 3. Ins. by Act 14 of 1983, s. 3 (w.e.f. 15-6-1983). 4. Subs. by s. 3, ibid., for sub-section (2) (w.e.f. 15-6-1983). 5. Subs. by s. 4, ibid., for “a Force” (w.e.f. 15-6-1983). 6. Ins. by Act 22 of 2009, s. 3 (w.e.f. 10-1-2009). 7. Ins. by Act 40 of 1999, s. 4 (w.e.f. 29-12-1999). 8. Subs. by Act 14 of 1983, s. 4, for “supervisory officers and members” (w.e.f. 15-6-1983). 9. Subs. by Act 22 of 2009, s. 4, for sub-section (1) (w.e.f. 10-1-2009). 10. Subs. by Act 14 of 1983, s. 5, for “Inspector-General” (w.e.f. 15-6-1983). 11. Subs. by s. 6, ibid., for certain words (w.e.f. 15-6-1983). 12. Subs. by s. 7, ibid., for sub-section (1) (w.e.f. 15-6-1983). 13. Subs. by s. 7, ibid., for “a member” (w.e.f. 15-6-1983). 3 ----- **7. Superintendence and administration of the Force.—[1][(1) The superintendence of Force shall** vest in the Central Government, and subject thereto and to the provisions of this Act and of any rules made thereunder, the command, supervision and administration of the Force shall vest in the DirectorGeneral.] (2) Subject to the provisions of sub-section (1), the administration of the Force within such local limits as may be prescribed shall be carried on by [2][such other supervisory officers as considered necessary] in accordance with the provisions of this Act and of any rules made thereunder and every supervisory officer placed in charge of the protection and security of an industrial undertaking[3][,joint venture or private industrial undertaking] shall, subject to any directions that may be given by the 4[Central Government or the Director-General] in this behalf, discharge his functions under the general supervision, direction and control of the Managing Director of that undertaking. **8. Dismissal, removal, etc., of members of the Force.—Subject to the provisions of article 311 of** the Constitution and to such rules as the Central Government may make under this Act, any supervisory officer may— (i)dismiss, [5][remove][6][, order for compulsory retirement of] or reduce in rank any [7][enrolled member] of the Force whom he thinks remiss or negligent in the discharge of his duty, or unfit for the same; or (ii) award any one or more of the following punishments to any [7][enrolled member] of the Force who discharges his duty in a careless or negligent manner, or who by any act of his own renders himself unfit for the discharge thereof, namely:— (a) fine to any amount not exceeding seven days‟ pay or reduction in pay scale; (b) drill, extra guard, fatigue or other duty; (c) removal from any office of distinction or deprivation of any special emolument; 6[(d) withholding of increment of pay with or without cumulative effect; (e) withholding of promotion; (f) censure.] **9. Appeal and revision.—(1) Any** [7][enrolled member] of the Force aggrieved by an order made under section 8 may, within thirty days from the date on which the order is communicated to him, prefer an appeal against the order to such authority as may be prescribed, and [8][subject to the provisions of sub-section (2A), sub-section (2B) and sub-section (3)], the decision of the said authority thereon shall be final: Provided that the prescribed authority 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. (2) In disposing of an appeal, the prescribed authority shall follow such procedure as may be prescribed. 9[(2A) Any enrolled member of the Force aggrieved by an order passed in appeal under sub-section (1) may, within a period of six months from the date on which the order is communicated to him, prefer a revision petition against the order to such authority as may be prescribed and in disposing of the revision petition, the said authority shall follow such procedure as may be prescribed. 1. Subs. by Act 14 of 1983. s. 8, for sub-section (1) (w.e.f. 15-6-1983). 2. Subs. by Act 22 of 2009, s. 5, for certain words (w.e.f. 10-1-2009). 3. Ins. bys. 5, ibid. (w.e.f. 10-1-2009). 4. Subs. by Act 14 of 1983, s. 8, for “Central Government” (w.e.f. 15-6-1983). 5. Subs. by Act 20 of 1989, s. 3, for “suspend” (w.e.f. 18-5-1989). 6. Ins. by Act 40 of 1999, s. 5 (w.e.f. 29-12-1999). 7. Subs. by Act 14 of 1983, s. 13 and the Schedule, for “member” (w.e.f. 15-6-1983). 8. Subs. by Act 40 of 1999, s. 6, for “subject to the provisions of sub-section (3)”(w.e.f. 29-12-1999). 9. Ins. by s. 6, ibid. (w.e.f. 29-12-1999). 4 ----- (2B) The authority, as may be prescribed for the purpose of this sub-section, on a revision petition preferred by an aggrieved enrolled member of the Force or _suomoto, may call for, within a prescribed_ period, the records of any proceeding under section 8 or sub-section (2) or sub-section (2A) and such authority may, after making inquiry in the prescribed manner, and subject to the provisions of this Act, pass such order thereon as it thinks fit.] (3) The Central Government may call for and examine the record of any proceeding [1][under section 8, 8, sub-section (2), sub-section (2A) or sub-section (2B)] of this section and may make such inquiry or cause such inquiry to be made and subject to the provisions of this Act, may pass such order thereon as it thinks fit: Provided that no order imposing an enhanced penalty under sub-section (2) or sub-section (3) shall be made unless a reasonable opportunity of being heard has been given to the person affected by such order. **10. Duties of members of the Force.—It shall be the duty of every [2]*** member of the Force—** (a) promptly to obey and execute all orders lawfully issued to him by his superior authority; (b) to protect and safeguard the industrial undertakings owned by the Central Government together with such other installations as are specified by that Government to be vital for the carrying on of work in those undertakings, situate within the local limits of his jurisdiction: Provided that before any installation not owned or controlled by the Central Government is so specified, the Central Government shall obtain the consent of the Government of the state in which such installation is situate; (c) to protect and safeguard [3][any joint venture, private industrial undertaking and] such other industrial undertakings and installations for the protection and security of which he is deputed under section 14; 4[(d) to protect and safeguard the employees of the industrial undertakings and installations referred to in clauses (b) and (c); (e) to do any other act conducive to the better protection and security of the industrial undertakings and installations referred to in clauses (b) and (c) and the employees referred to in clause (d).] 5[(f) to provide technical consultancy services relating to security of any private sector industrial establishments under section 14A; (g) to protect and safeguard the organisations owned or funded by the Government and the employees of such organisations as may be entrusted to him by the Central Government; (h) any other duty [3][within and outside India] which may be entrusted to him by the Central Government from time to time.] **11. Power to arrest without warrant.—[6][(1) Any member of the Force may, without any order from** from a Magistrate and without a warrant, arrest— 7[(i) any person who voluntarily causes hurt to, or attempts voluntarily to cause hurt to, or wrongfully restrains or attempts wrongfully to restrain or assaults, threatens to assault, or uses, or threatens or attempts to use, criminal force to any employee, referred to in clause (d) of section 10, or to him or any other member of the Force, in discharge of his duty as such employee or in execution of his duty as such member, as the case may be, or with intent to prevent or to deter him from 1. Subs. by Act 40 of 1999, s. 6, for “under section 8 or under sub-section (2)” (w.e.f. 29-12-1999). 2. The words “supervisory officer and” omitted by Act 14 of 1983, s. 13 and the Schedule (w.e.f. 15-6-1983). 3. Ins. by Act 22 of 2009, s. 6 (w.e.f. 10-1-2009). 4. Subs. by Act 20 of 1989, s. 4, for clause (d) (w.e.f. 18-5-1989). 5. Ins. by Act 40 of 1999, s. 7 (w.e.f. 29-12-1999). 6. Subs. by Act 14 of 1983, s. 9, for sub-section (1) (w.e.f. 15-6-1983). 7. Subs. by Act 20 of 1989, s. 5, for clause (i) (w.e.f. 18-5-1989). 5 ----- discharging his duty as such member, or in consequence of anything done or attempted to be done by him in the lawful discharge of his duty as such member;] (ii) any person who has been concerned in, or against whom a reasonable suspicion exists of his having been concerned in, or who is found taking precautions to conceal his presence under circumstances which afford reason to believe that he is taking such precautions with a view to committing,a cognizable offence which relates to property belonging to, or in the premises of, any industrial undertaking referred to in clauses (b) and (c) of section 10, or relates to the other installations, or to property in the premises of the other installations, referred to in those clauses; (iii) any person who commits or attempts to commit a cognizable offence which involves or which is likely to involve [1]*** danger to the life of any person engaged in carrying on any work relating to any undertaking or installations referred to in clauses (b) and (c) of section 10.] (2) If any person is found trespassing on the premises of any industrial undertaking referred to in clauses (b) and (c) of section 10, he may, without prejudice to any other proceedings which may be taken against him, he removed from such premises by any [2]*** member of the Force. **12. Power to search without warrant.—(1) Whenever [3]*** any member of the Force, not below the** the prescribed rank, has reason to believe that any such offence as is referred to in section 11 has been or is being committed and that a search warrant cannot be obtained without affording the offender an opportunity of escaping or of concealing evidence of the offence, he may detain the offender and search his person and belongings forthwith and, if he thinks proper, arrest any person whom he has reason to believe to have committed the offence. (2) The provisions of the [4][Code of Criminal Procedure, 1973 (2 of 1974)] relating to searches under that Code shall, so far as may be, apply to searches under this section. **13. Procedure to be followed after arrest.—Any [5]*** member of the Force making an arrest under** this Act, shall, without unnecessary delay, make over the person so arrested to a police officer, or, in the absence of a police officer, take such person or cause him to be taken to the nearest police station together with a report of the circumstances occasioning the arrest. **14. Deputation of the Force to industrial undertakings in public sector[6][, joint venture or** **private sector].—(1) Subject to any general directions which may be issued by the Central Government,** it shall be lawful for the [7][Director-General], on a request received in this behalf from the Managing Director concerned of an industrial undertaking in public sector[6][, joint venture or private sector], showing the necessity thereof, to depute such number of [8]*** members of the Force as the 7[Director-General] may consider necessary for the protection and security of that industrial undertaking and any installations attached thereto and the [9]*** members of the Force so deputed shall be at the charge charge of the Managing Director: Provided that in the case of an undertaking, owned, controlled or managed,— (i) by a Government company of which the Central Government is not a member; (ii) by a corporation established by or under a Provincial or State Act, no such request shall be entertained unless it is made with the consent of the Government of the State in which the undertaking is situate. (2) If the [7][Director-General] is of the opinion that circumstances necessitating the deputation of the 9*** members of the Force in relation to an industrial undertaking under sub-section (1) have ceased to exist, or for any other reason it is necessary so to do, he may, after informing the Managing Director of that industrial undertaking, withdraw the [9]*** members of the Force so deputed: 1. The word “imminent” omitted by Act 20 of 1989, s. 5 (w.e.f. 18-5-1989). 2. The words “supervisory officer or” omitted by Act 14 of 1983, s. 9 (w.e.f. 15-6-1983). 3. The words “any supervisory officer, or” omitted by s. 13 and The Schedule, ibid. (w.e.f. 15-6-1983). 4. Subs. by s. 13 and the Schedule, ibid., for “Code of Criminal Procedure, 1898 (5 of 1898)” (w.e.f. 15-6-1983). 5. The words “supervisory officer or” omitted by s. 13 and the Schedule, ibid. (w.e.f. 15-6-1983). 6. Ins. by Act 22 of 2009, s. 7(w.e.f. 10-1-2009). 7. Subs. by Act 14 of 1983, s. 13 and the Schedule, for “Inspector-General” (w.e.f. 15-6-1983). 8. The words “supervisory officers and” omitted by s. 13 and the Schedule, ibid. (w.e.f. 15-6-1983). 9. The words “officers and” omitted by s. 13 and the Schedule, ibid. (w.e.f. 15-6-1983). 6 ----- Provided that the Managing Director may, on giving [1][threemonths‟ notice] in writing to the 2[Director-General] require that the 3*** members of the Force so deputed shall be withdrawn, and the Managing Director shall be relieved from the charge from the date of expiration of such notice or from any earlier date on which the Force is so withdrawn. (3) Every [4]*** member of the Force, while discharging his functions during the period of deputation, shall continue to exercise the same powers and be subject to the same responsibilities, discipline and penalties as would have been applicable to him under this Act, if he had been discharging those functions in relation to an industrial undertaking owned by the Central Government. **5[14A. Technical Consultancy Service to industrial establishments.—(1) Subject to any general** directions which may be issued by the Central Government, it shall be lawful for the Director-General, on a request received from the Managing Director of an industrial establishment in the private sector or any other person authorised by him in this behalf, to direct the members of the Force to provide technical consultancy services relating to security, to such industrial establishments in such manner and on payment of such fee as may be prescribed. (2) The fee received under sub-section (1) shall be credited to the Consolidated Fund of India. _Explanation.—For the purposes of this section, the expression “Managing Director”, in relation to an_ industrial establishment, means the person (whether called general manager, manager, chief executive officer or a partner of a firm or by any other name) who exercises control over the affairs of the establishment.] **15. Officers and members of the Force to be considered always on duty and liable to be** **employed anywhere in India.—(1) Every [6]*** member of the Force shall, for the purpose of this Act, be** be considered to be always on duty, and shall, at any time, be liable to be employed at any place within[7][or outside] India. (2) Save as provided in section 14, no [8]*** member of the force shall engage himself in any employment or office other than his duties under this Act. 9[15A. Restrictions respecting right to form association, etc.—(1) No member of the Force shall, without the previous sanction in writing of the Central Government or of the prescribed authority,— (a) be a member of, or be associated in any way with, any trade union, labour union, political association or with any class of trade unions, labour unions or political associations; or (b) be a member of, or be associated in any way with, any other society, institution, association or organisation that is not recognised as part of the Force or is not of a purely social, recreatinonal or religious nature; or (c) communicate with the press or publish or cause to be published any book, letter or other document except where such communication or publication is in the bona fide discharge of his duties or is of a purely literary, artistic or scientific character or is of a prescribed nature. _Explanation.—If any question arises as to whether any society, institution, association or_ organisation is of a purely social, recreational or religious nature under clause (b) of this sub-section the decision of the Central Government thereon shall be final. (2) No member of the Force shall participate in, or address, any meeting or take part in any demonstration organised by anybody or persons for any political purposes or for such other purposes as may be prescribed.] 1. Subs. by Act 22 of 2009, s. 7, for “one month‟s notice” (w.e.f. 10-1-2009). 2. Subs. by Act 14 of 1983, s. 13 and the Schedule, for “Inspector-General” (w.e.f. 15-6-1983). 3. The words “officers and” omitted by s. 13 and the Schedule, ibid. (w.e.f. 15-6-1983). 4. The words “officer and” omitted by s. 13 and the Schedule, ibid. (w.e.f. 15-6-1983). 5. Ins. by Act 40 of 1999, s. 8 (w.e.f. 29-12-1999). 6. The words “supervisory officer and” omitted by Act 14 of 1983, s. 13 and the Schedule (w.e.f. 15-6-1983). 7. Ins. by Act 22 of 2009, s. 8 (w.e.f. 10-1-2009). 8. The words “supervisory officer or” omitted by Act 14 of 1983, s. 13 and the Schedule (w.e.f. 15-6-1983). 9. Ins. by s. 10, ibid. (w.e.f. 15-6-1983). 7 ----- **16. Responsibilities of members of the Force during suspension.—A member of the Force shall** not by reason of his suspension from office cease to be a member of the Force; and he shall, during that period, be subject to the same responsibilities, discipline and penalties to which he would have been subject if he were on duty. **17. Surrender of certificate, arms, etc., by persons ceasing to be members of the Force.—(1)** Every person who for any reason ceases to be [1][an enrolled member] of the Force, shall forthwith surrender to any supervisory officer empowered to receive the same, his certificate of appointment, the arms, accoutrements, clothing and other articles which have been furnished to him for the performance of duties as [1][an enrolled member] of the Force. (2) Any person who wilfully neglects or refuses to surrender his certificate of appointment or the arms, accoutrements, clothing and other articles furnished to him, as required by sub-section (1), shall, on conviction, be punished with imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both. (3) Nothing in this section shall be deemed to apply to any article which, under the orders of the 2[Director-General], has become the property of the person to whom the same was furnished. **18. Penalties for neglect of duty, etc.—[3][(1) Without prejudice to the provisions contained in section** section 8, every member of the Force who shall be guilty of any violation of duty or wilful breach or neglect of any rule or regulation or lawful order made by a supervisory officer, or who shall withdraw from the duties of his office without permission, or who, being absent on leave, fails, without reasonable cause, to report himself for duty on the expiration of the leave, or who engages himself without authority in any employment other than his duty as a member of the Force, or who shall be guilty of cowardice, may be taken into Force custody and shall, on conviction, be punished with imprisonment for a term which may extend to one year. (2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), an offence punishable under this section shall be cognizable and non-bailable. (2A) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the Central Government may invest the Commandant with the powers of a Magistrate of any class for the purpose of inquiring into or trying any offence committed by an enrolled member of the Force and punishable under this Act, or any offence committed by an enrolled member of the Force against the person or property of another member of the Force: 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 an enrolled member of the Force; or (iii) when it is a petty offence even if connected with the offender‟s duties as an enrolled member of the Force; or (iv) when, for reasons to be recorded in writing, it is not practicable for the Commandant invested with the powers of a Magistrate to inquire into or try an offence, the offence may, if the prescribed authority within the limits of whose jurisdiction the offence has been committed so requires, be inquired into or tried by an ordinary criminal court having jurisdiction in the matter.] (3) Nothing contained in this section shall be construed to prevent any member of the Force from being prosecuted under any other law for any offence made punishable by that law, or for being liable under any such law to any other or higher penalty or punishment than is provided for such offence by this section: Provided that no person shall be punished twice for the same offence. 1. Subs. by Act 14 of 1983, s. 13 and the Schedule, for “a member” (w.e.f. 15-6-1983). 2. Subs. by s. 13 and the Schedule, ibid., for “Inspector-General” (w.e.f. 15-6-1983). 3. Subs. by s. 11,ibid., for sub-sections (1) and (2) (w.e.f. 15-6-1983). 8 ----- **19. Application of Act 22 of 1922 to officers and members of the Force.—The Police (Incitement** to Disaffection) Act, 1922, shall apply to [1]*** members of the Force as it applies to members of a police force. **20. Certain Acts not to apply to members of the Force.—Nothing contained in the Payment of** Wages Act, 1936 (4 of 1936), or the Industrial Disputes Act, 1947 (14 of 1947), or the Factories Act, 1948 (63 of 1948), or any corresponding law relating to investigation and settlement of industrial disputes in force in a State shall apply to members of the Force. **21. Protection of acts of officers and members of the Force.—(1) In any suit or proceeding against** any [2]*** member of the Force for any act done by him in the discharge of his duties, it shall be lawful for him to plead that such act was done by him under the orders of a competent authority. (2) Any such plea may be proved by the production of the order directing the act, and if it is so proved, the [2]*** member of the Force shall thereupon be discharged from any liability in respect of the act so done by him, notwithstanding any defect in the jurisdiction of the authority which issued such order. (3) Nothwithstanding 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 [2]*** 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 shall have been committed and not otherwise; and notice in writing of such proceeding and of the cause thereof shall be given to the person concerned and his supervisory officer at least one month before the commencement of such proceeding. **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 powers, such rules may provide for— (a) regulating the classes, ranks, grades, pay any remuneration of [3]*** members of the Force and their conditions of service in the Force; (b) regulating the powers and duties of [3]*** members of the Force authorised to exercise any functions by or under this Act; (c) fixing the period of service for [3]*** members of the Force; (d) prescribing the description and quantity of arms, accoutrements, clothing and other necessary articles to be furnished to the members of the Force; (e) prescribing the places of residence of members of the Force; (f) institution, management and regulation of any fund for any purpose connected with the administration of the Force; (g) regulating the punishments and prescribing authorities to whom appeals shall be preferred from orders of punishment, or remission of fines or other punishments, and the procedure to be followed for the disposal of such appeals; 4[(gg) regulating matters with respect to Force custody under this Act including the procedure to be followed for taking persons into such custody; (ggg) regulating matters with respect to disposal of cases relating to offences under this Act and specifying the places in which persons convicted under this Act may be confined;] 5[(gggg) prescribing authority under sub-section (2A) of section 9 and the procedure to be followed by such authority in disposing of the revision petition; 1. The words “supervisory officers and” omitted by Act 14 of 1983, s. 13 and the Schedule (w.e.f. 15-6-1983). 2. The words “supervisory officer or” omitted by s. 13 and the Schedule, ibid. (w.e.f. 15-6-1983). 3. The words “supervisory officers and” omitted by s. 12, ibid. (w.e.f. 15-6-1983). 4. Ins. by s. 12, ibid. (w.e.f. 15-6-1983). 5. Ins. by Act 40 of 1999, s. 9 (w.e.f. 29-12-1999). 9 ----- (ggggg) prescribing authority under sub-section (2B) of section 9, the period within which such authority may call for the records and the manner in which such authority may make inquiry;] (h) the terms and conditions subject to which [1]*** members of the Force may be deputed under section 14 and the charges therefor; [2]*** 3[(hh) the manner in which and the fee on payment of which the technical consultancy services shall be provided under sub-section (1) of section 14A; and] (i) any other matter which has to be, or may be, prescribed [4][or in respect of which rules are required to be made under this Act.] (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 [5][or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive session aforesaid,] both Houses agree in making any modification in the rule, or 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 6) A.B. has been appointed [6][an enrolled member] of the Central Industrial Security Force under the Central Industrial Security Force Act, 1968, and is vested with the powers, functions and privileges of 6[an enrolled member] of the Force. 1. The words “supervisory officers and” omitted by Act 14 of 1983, s. 12 (w.e.f. 15-6-1983). 2. The word “and” omitted by Act 40 of 1999, s. 9 (w.e.f. 29-12-1999). 3. Ins. by s. 9, ibid. (w.e.f. 29-12-1999). 4. Ins. by Act 14 of 1983, s. 12 (w.e.f. 15-6-1983). 5. Subs. by s. 12, ibid., for certain words (w.e.f. 15-6-1983). 6. Subs. by s. 13 and the Schedule, ibid., for “a member” (w.e.f. 15-6-1983). 10 -----

5-Dec-1968

51

The Judges (Inquiry) Act, 1968

https://www.indiacode.nic.in/bitstream/123456789/1539/2/A1968-51.pdf

central

# THE JUDGES (INQUIRY) ACT, 1968 ________ ARRANGEMENT OF SECTIONS _________ SECTIONS 1. Short title and Commencement. 2. Definitions. 3. Investigation into misbehaviour or incapacity of Judge by Committee. 4. Report of Committee. 5. Powers of Committee. 6. Consideration of report and procedure for presentation of an address for removal of Judge. 7. Power to make rules. 1 ----- # THE JUDGES (INQUIRY) ACT, 1968 ACT NO. 51 OF 1968 [5th December, 1968.] # An Act to regulate the procedure for the investigation and proof of the misbehaviour or incapacity of a judge of the Supreme Court or of a High Court and for the presentation of an address by Parliament to the President and for matters connected therewith. BE it enacted by Parliament in the Nineteenth Year of the Republic of India as follows:— **1. Short title and Commencement.—(1)** This Act may be called the Judges (Inquiry) Act, 1968. (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) “Chairman” means the Chairman of the Council of States; (b) “Committee” means a Committee constituted under section 3; (c) “Judge” means a Judge of the Supreme Court or of a High Court and includes the Chief Justice of India and the Chief Justice of a High Court; (d) “prescribed” means prescribed by rules made under this Act; (e) “Speaker” means the Speaker of the House of the People. **3. Investigation into misbehaviour or incapacity of Judge by Committee.—(1) If notice is** given of a motion for presenting an address to the President praying for the removal of a Judge signed,— (a) in the case of a notice given in the House of the People, by not less than one hundred members of that House; (b) in the case of a notice given in the Council of States, by not less than fifty members of that Council; then, the Speaker or, as the case may be, the Chairman may, after consulting such persons, if any, as he thinks fit and after considering such materials, if any, as may be available to him, either admit the motion or refuse to admit the same. (2) If the motion referred to in sub-section (1) is admitted, the Speaker or, as the case may be, the Chairman shall keep the motion pending and constitute, as soon as may be, for the purpose of making an investigation into the grounds on which the removal of a Judge is prayed for, a Committee consisting of three members of whom— (a) one shall be chosen from among the Chief Justice and other Judges of the Supreme Court; (b) one shall be chosen from among the Chief Justices of the High Courts, and (c) one shall be a person who is, in the opinion of, the Speaker or, as the case may be, the Chairman, a distinguished jurist: Provided that where notices of a motion referred to in sub-section (1) are given on the same day in both Houses of Parliament, no Committee shall be constituted unless the motion has been admitted in both Houses and where such motion has been admitted in both Houses, the Committee shall be constituted jointly by the Speaker and the Chairman: 1. 1st January, 1969, vide notification No. G.S.R. 35, dated the 1st January, 1969, see Gazette of India, 1969, Extraordinary, Part II, sec. 3(i). 2 ----- Provided further that where notices of a motion as aforesaid are given in the Houses of Parliament on different dates, the notice which is given later shall stand rejected. (3) The Committee shall frame definite charges against the Judge on the basis of which the investigation is proposed to be held. (4) Such charges together with a statement of the grounds on which each such charge is based shall be communicated to the Judge and he shall be given a reasonable opportunity of presenting a written statement of defence within such time as may be specified in this behalf by the Committee. (5) Where it is alleged that the Judge is unable to discharge the duties of his office efficiently due to any physical or mental incapacity and the allegation is denied, the Committee may arrange for the medical examination of the Judge by such Medical Board as may be appointed for the purpose by the Speaker or, as the case may be, the Chairman or, where the Committee is constituted jointly by the Speaker and the Chairman, by both of them, for the purpose and the Judge shall submit himself to such medical examination within the time specified in this behalf by the Committee. (6) The Medical Board shall undertake such medical examination of the Judge as may be considered necessary and submit a report to the Committee stating therein whether the incapacity is such as to render the Judge unfit to continue in office. (7) If the Judge refuses to undergo medical examination considered necessary by the Medical Board, the Board shall submit a report to the Committee stating therein the examination which the Judge has refused to undergo, and the Committee may, on receipt of such report, presume that the Judge suffers from such physical or mental incapacity as is alleged in the motion referred to in sub-section (1). (8) The Committee may, after considering the written statement of the Judge and the medical report, if any, amend the charges framed under sub-section (3) and in such a case, the Judge shall be given a reasonable opportunity of presenting a fresh written statement of defence. (9) The Central Government may, if required by the Speaker or the Chairman, or both, as the case may be, appoint an advocate to conduct the case against the Judge. **4. Report of Committee.—(1) Subject to any rules that may be made in this behalf, the** Committee shall have power to regulate its own procedure in making the investigation and shall give a reasonable opportunity to the Judge of cross-examining witnesses, adducing evidence and of being heard in his defence. (2) At the conclusion of the investigation, the Committee shall submit its report to the Speaker or, as the case may be, to the Chairman, or where the Committee has been constituted jointly by the Speaker and the Chairman, to both of them, stating therein its findings on each of the charges separately with such observations on the whole case as it thinks fit. (3) The Speaker or the Chairman or, where the Committee has been constituted jointly by the Speaker and the Chairman, both of them, shall cause the report submitted under sub-section (2) to be laid, as soon as may be, respectively before the House of the People and the Council of States. **5. Powers of Committee.—For the purpose of making any investigation under this Act the** Committee 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 oath; (d) issuing commissions for the examination of witnesses or documents; (e) such other matters as may be prescribed. **6. Consideration of report and procedure for presentation of an address for removal** **of Judge.—(1) If the report of the Committee contains a finding that the Judge is not guilty of any** 3 ----- misbehaviour or does not suffer from any incapacity, then no further steps shall be taken in either House of Parliament in relation to the report and the motion pending in the House or the Houses of Parliament shall not be proceeded with. (2) If the report of the Committee contains a finding that the Judge is guilty of any misbehaviour or suffers from any incapacity, then, the motion referred to in sub-section (1) of section 3 shall, together with the report of the Committee, be taken up for consideration by the House or the Houses of Parliament in which it is pending. (3) If the motion is adopted by each House of Parliament in accordance with the provisions of clause (4) of article 124 or, as the case may be, in accordance with that clause read with article 218 of the Constitution, then, the misbehaviour or incapacity of the Judge shall be deemed to have been proved and an address praying for the removal of the Judge shall be presented in the prescribed manner to the President by each House of Parliament in the same session in which the motion has been adopted. **7. Power to make rules.—(1) There shall be constituted a Joint Committee of both Houses of** Parliament in accordance with the provisions hereinafter contained for the purpose of making rules to carry out the purposes of this Act. (2) The Joint Committee shall consist of fifteen members of whom ten shall be nominated by the Speaker and five shall be nominated by the Chairman. (3) The Joint Committee shall elect its own Chairman and shall have power to regulate its own procedure. (4) Without prejudice to the generality of the provisions of sub-section (1), the Joint Committee may make rules to provide for the following among other matters, namely:— (a) the manner of transmission of a motion adopted in one House to the other House of Parliament; (b) the manner of presentation of an address to the President for the removal of a Judge; (c) the travelling and other allowances payable to the members of the Committee and the witnesses who may be required to attend such Committee; (d) the facilities which may be accorded to the Judge for defending himself; (e) any other matter which has to be, or may be, provided for by rules or in respect of which provision is, in the opinion of the Joint Committee, necessary. (5) Any rules made under this section shall not take effect until they are approved and confirmed both by the Speaker and the Chairman and are published in the Official Gazette, and such publication of the rules shall be conclusive proof that they have been duly made. 4 -----

31-Dec-1968

61

The Legislative Assembly of Nagaland (Change in Representation) Act, 1968

https://www.indiacode.nic.in/bitstream/123456789/1577/3/A1968-61.pdf

central

# THE LEGISLATIVE ASSEMBLY OF NAGALAND (CHANGE IN REPRESENTATION) ACT, 1968 _____________ ARRANGEMENT OF SECTIONS ____________ SECTIONS 1. Short title. 2. Change in representation in the Legislative Assembly of Nagaland. 3. [Repealed.]. 4. [Repealed.]. 5. Saving as to present Legislative Assembly. 1 ----- # THE LEGISLATIVE ASSEMBLY OF NAGALAND (CHANGE IN REPRESENTATION) ACT, 1968 ACT NO. 61 OF 1968 [31st December, 1968.] # An Act to provide for a change in representation in the Legislative Assembly of Nagaland and for that purpose to make consequential amendments in the State of Nagaland Act, 1962 and the Representation of the People Act, 1950. BE it enacted by Parliament in the Nineteenth Year of the Republic of India as follows:— **1. Short title.—This Act may be called the Legislative Assembly of Nagaland (Change in** Representation) Act, 1968. **2. Change in representation in the Legislative Assembly of Nagaland.—For the period referred to** in clause (2) of article 371A of the Constitution, the total number of seats allotted to the Legislative Assembly of Nagaland shall be increased from forty-six to fifty-two, of which— (a) the seats allotted to the Tuensang district shall be increased from six to twelve and shall be filled by persons chosen by the members of the regional council, referred to in that article, from amongst themselves in such manner as the Governor of Nagaland, 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 elections from assembly constituencies in the rest of the State of Nagaland. **3. [Amendment of Act 27of 1962.] Rep. by the Repealing and Amending Act, 1974** (56 of 1974), s. 2 _and the First Schedule (w.e.f. 20-12-1974)._ **4. [Amendment of Act 43 of 1950.] Rep. by s. 2 and the First Schedule, ibid. (w.e.f. 20-12-1974).** **5. Saving as to present Legislative Assembly.—Nothing in this Act shall affect any representation** in the present Legislative Assembly of Nagaland until its dissolution. ____ 2 -----

28-May-1969

16

The President (Discharge of Functions) Act, 1969

https://www.indiacode.nic.in/bitstream/123456789/1654/2/A1969-16.pdf

central

# THE PRESIDENT (DISCHARGE OF FUNCTIONS) ACT, 1969 __________ ARRANGEMENT OF SECTIONS __________ SECTIONS 1. Short title. 2. Definitions. 3. Discharge of President’s functions in certain contingencies. 1 ----- # THE PRESIDENT (DISCHARGE OF FUNCTIONS) ACT, 1969 ACT NO. 16 OF 1969 [28th May, 1969.] # An Act to provide for the discharge of the functions of the President in certain contingencies. BE it enacted by Parliament in the Twentieth Year of the Republic of India as follows:— **1. Short title.—This Act may be called the President (Discharge of Functions) Act, 1969.** **2. Definitions.—In this Act “President”, “Vice-President” and “Second Schedule” shall mean the** President of India, the Vice-President of India and the Second Schedule to the Constitution respectively. **3. Discharge of President’s functions in certain contingencies.—(1) In the event of the occurrence** of vacancies in the offices of both the President and the Vice-President, by reason in each case of death, resignation or removal, or otherwise, the Chief Justice of India or, in his absence, the seniormost Judge of the Supreme Court of India available shall discharge the functions of the President until a new President elected in accordance with the provisions of the Constitution to fill the vacancy in the office of the President enters upon his office or a new Vice-President so elected begins to act as President under article 65 of the Constitution, whichever is earlier. (2) When the Vice-President, while discharging the functions of the President, dies, resigns, or is removed or otherwise ceases to hold office, the Chief Justice of India or, in his absence, the seniormost Judge referred to in sub-section (1) shall discharge the said functions until the President resumes his duties or a new Vice-President is elected as aforesaid, whichever is earlier. (3) When the Vice-President,— (a) while acting as President, or (b) while discharging the functions of the President, is unable to discharge the functions of the President owing to absence, illness or any other cause, the Chief Justice of India or, in his absence, the seniormost Judge referred to in sub-section (1) shall discharge the said functions— (i) in the case referred to in clause (a), until a new President elected as aforesaid enters upon his office or until the Vice-President acting as President resumes his duties, whichever is earlier; (ii) in the case referred to in clause (b), until the President resumes his duties, or the Vice-President resumes his duties, whichever is earlier. (4) The person discharging the functions of the President under this section shall, during, and in respect of, the period while he is so discharging the said functions, have all the powers and immunities of the President and be entitled to such emoluments, allowances and privileges as may be determined by Parliament by law and, until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the Second Schedule. 2 -----

31-May-1969

18

The Registration of Births and Deaths Act, 1969

https://www.indiacode.nic.in/bitstream/123456789/1682/3/A1969-18.pdf

central

# THE REGISTRATION OF BIRTHS AND DEATHS ACT, 1969 ________ ARRANGEMENT OF SECTIONS _______ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions and interpretation. CHAPTER II REGISTRATION ESTABLISHMENT 3. Registrar General of India. 4. Chief Registrar. 5. Registration divisions. 6. District Registrar. 7. Registrars. CHAPTER III REGISTRATION OF BIRTHS AND DEATHS 8. Persons required to register births and deaths. 9. Special provisions regarding births and deaths in a plantation. 10. Duty of certain persons to notify births and deaths and to certify cause of death. 11. Informant to sign the register. 12. Certificate of registration of births or deaths. 13. Delayed registration of births and deaths. 14. Registration of name of child. 15. Correction or cancellation of entry in the register of births and deaths. CHAPTER IV MAINTENANCE OF RECORDS AND STATISTICS 16. Registrars to keep registers in the prescribed form. 17. Search of births and deaths register 18. Inspection of registration offices. 19. Registrars to send periodical returns to the Chief Registrar for compilation. CHAPTER V MISCELLANEOUS 20. Special provision as to registration of births and deaths of citizens outside India. 21. Power of Registrar to obtain information regarding birth or death. 22. Powers to give directions. 23. Penalties. 24. Power to compound offences. 25. Sanction for prosecution. 25A. Appeal. 26. Registrars and Sub-Registrars to be deemed public servants. 27. Delegation of powers. 1 ----- SECTIONS 28. Protection of action taken in good faith. 29. Act not to be in derogation of Act 6 of 1886. 30. Power to make rules. 31. Repeal and saving. 32. Power to remove difficulty. 2 ----- # THE REGISTRATION OF BIRTHS AND DEATHS ACT, 1969 ACT NO. 18 OF 1969 [31st May, 1969.] # An Act to provide for the regulation of registration of births and deaths and for matters connected therewith. BE it enacted by Parliament in the Twentieth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title, extent and commencement.—(1) This Act may be called the Registration of Births** and Deaths Act, 1969. (2) It extends to the whole of India. (3) It shall come into force in a State on such date[1] as the Central Government may, by notification in the Official Gazette, appoint: 1. 1st October, 1970, vide notification No. G.S.R. 1718, dated 22nd, November, Gazette of India, Extraordinary, Part II, sec. 3(i) in the following areas of the State of Jammu and Kashmir:— the area comprised within the jurisdiction of the Police Station of Ramnagar in Udhampur district. the area comprised within the jurisdiction of the Police Station of Kupwara in Baramulla district. the area comprised within the limits of the Municipalities of Jammu and Srinagar. the area comprised within the limits of Town Area Committees of Anantnag, Kathua and Leh. 1st May, 1974 vide notification No. G.S.R. 379, dated 22-3-1974 in the Union territory of Mizoram. 1st January, 1971 vide notification No G.S.R. 1927, dated 21-11-1970, see Gazette of India, Extraordinary, Part II, sec. 3(i) in the Union territory of Goa, Daman and Diu. 1st January, 1971 vide notification No. G.S.R. 2027, dated 24-11-1970, see Gazette of India, Part II, sec. 3(i) in the Union territory of Manipur. 1st April, 1974, vide notification No. G.S.R. 106, dated 16-1-1971, see Gazette of India, Part II, sec. 3(i) in the Union territory of Andaman and Nicobar Islands. 1st October, 1971, in the whole of the State of Nagaland vide notification No. G.S.R. 1324, dated 30-8-1971, see Gazette of India, Part II, sec. 3(i), dated 11-9-1971. 1st July, 1972, in the Union territory of Arunachal Pradesh vide notification No. G.S.R. 552, dated 11-4-1972, see Gazette of India, Part II, sec. 3(i). 1st April, 1972, in the whole of State of Tripura vide notification No. G.S.R. 202(E), dated 17-3-1972, see Gazette of India, Extraordinary, Part II, sec. 3(i). 1st December, 1972 vide Notification No. G.S.R. 463(E), dated 21-11-1972, _see Gazette of India, Extraordinary, Part II,_ sec. 3(i) also in the area comprised within the limits of cantonments of Barrackpore, Labong and Jalapahar in the State of West Bengal 1st July, 1970, vide notification No. G.S.R. 973, dated 26th June, 1972, extended to the Union territory of Delhi. 1st April, 1970, vide notification No. G.S.R. 514, dated 21st March, 1970, Gazette of India, sec. 3(i), in the areas of the State of Assam except:— (i) the district of United Khasi & Jaintia Hills excluding the areas comprised within the limits of: (a) Municipality of Shillong (b) Contonment of Shillong (ii) the entire district of Garo Hills (iii) the entire district of United Mikir and North Cachar Hills (iv) the entire district of Mizo Hills. In the State of West Bengal except: (i) The area comprised within the limits of Corporation of Calcutta; (ii) the area comprised within the limits of Howrah Municipality; (iii) Fort Villiam; and (iv) the area comprised, within the limits of cantonments of Barrackpore, Labong and Jalapahar. 1st April, 1970, _vide notification No. G.S.R. 461, dated 7th March, 1970,_ _see_ Gazette of India, sec. 3(i), in the States and the Union territories: STATES 1. Andhra Pradesh 8. Mysore 2. Bihar 9. Orissa 3. Gujrat 10. Punjab 4. Haryana 11. Rajasthan 5. Kerala 12. Tamil Nadu 6. Madhya Pradesh 13. Uttar Pradesh. 7. Maharashtra UNION TERRITORIES. 1. Chandigarh 2. Dadra and Nagar Haveli 3. Himachal Pradesh 4. Laccadive, Minicoy and Amindivi Islands. 3 ----- Provided that different dates may be appointed for different parts of a State. **2. Definitions and interpretation.—(1) In this Act, unless the context otherwise requires,—** 1[(a) “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); (aa) “adoption” shall have the same meaning as assigned to it in clause (2) of section 2 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016);] 2[(ab)] “birth” means live-birth or still-birth; 1[(b) “database” means the organised collection of data, generally stored and accessed in electronic form from a computer network;] 3[(ba)] “death” means the permanent disappearance of all evidence of life at any time after live-birth has taken place; (c) “foetal death” means absence of all evidence of life prior to the complete expulsion or extraction from its mother of a product of conception irrespective of the duration of pregnancy; (d) “live-birth” means the complete expulsion or extraction from its mother of a product of conception, irrespective of the duration of pregnancy, which, after such expulsion or extraction, breathes or show any other evidence of life, and each product of such birth is considered live-born; (e) “prescribed” means prescribed by rules made under this Act; (f) “State Government”, in relation to a Union territory, means the Administrator thereof; (g) “still-birth” means foetal death where a product of conception has attained at least the prescribed period of gestation. (2) Any reference in this Act to any law which is not in force in any area shall, in relation to that area, be construed as a reference to the corresponding law, if any, in force in that area. CHAPTER II REGISTRATION ESTABLISHMENT **3. [4][Registrar General of India.]—(1) The Central Government may, by notification in the Official** Gazette, appoint a person to be known as the [4][Registrar General of India], India. (2) The Central Government may also appoint such other officers with such designations as it thinks fit for the purpose of discharging under the superintendence and direction of the [5][Registrar General of India], such functions of the [5][Registrar General of India] under this Act as he may, from time to time, authorise them to discharge. (3) The [5][Registrar General of India] may issue general directions regarding registration of births and deaths in the territories to which this Act extends, and shall take steps to co-ordinate and unify the activities of Chief Registrars in the matter of registration of births and deaths [6][and the database of registered births and deaths and submit] to the Central Government an annual report on the working of this Act in the said territories. 7[(4) The Registrar General of India shall maintain the database of registered births and deaths at the National level and it shall be obligatory upon the Chief Registrars and the Registrars to share the data of registered births and deaths to such database. (5) Subject to the proviso to sub-section (1) of section 17 and with the prior approval of the Central Government, the database of registered births and deaths maintained under sub-section (4) may, on 1. Ins. by Act 20 of 2023, s. 3 (w.e.f. 1-10-2023). 2. Clause (a) re-numbered as clause (ab) by s. 3, ibid.(w.e.f. 1-10-2023). 3. Clause (b) re-numbered as clause (ba) by s. 3, ibid.(w.e.f. 1-10-2023). 4. Subs. by s. 4, ibid., for “Registrar-General, India” (w.e.f. 1-10-2023). 5. Subs. by s. 2, ibid., for “Registrar-General” (w.e.f. 1-10-2023). 6. Subs. by s. 4, ibid., for “and submit” (w.e.f. 1-10-2023). 7. Ins. by s. 4, ibid. (w.e.f. 1-10-2023). 4 ----- request, be made available to the authorities dealing with the preparation or maintenance of database relating to— (a) population register; (b) electoral rolls; (c) Aadhaar number; (d) ration card; (e) passport; (f) driving licence; (g) property registration; and (h) such other databases at the National level as may be notified, and the authority shall inform the action taken, within such period as may be notified from time to time, to the Central Government: Provided that the preparation or maintenance of database relating to electoral rolls in clause (b) shall be without prejudice to the provisions of the Representation of the People Act, 1950 (43 of 1950).] **4. Chief Registrar.—(1) The State Government may, by notification in the Official Gazette, appoint** a Chief Registrar for the State. (2) The State Government may also appoint such other officers with such designations as it thinks fit for the purpose of discharging, under the superintendence and direction of the Chief Registrar, such of his functions as he may, from time to time, authorise them to discharge. (3) The Chief Registrar shall be the chief executive authority in the State for carrying into execution the provisions of this Act and the rules and orders made thereunder subject to the directions, if any, given by the State Government. (4) The Chief Registrar shall take steps, by the issue of suitable instructions or otherwise, to co-ordinate, unity and supervise the work of registration in the State for securing an efficient system of registration and shall prepare and submit to the State Government, in such manner and at such intervals as may be prescribed, a report on the working of this Act in the State along with the statistical report to in sub-section (2) of section 19. 1[(5) The Chief Registrar shall take steps to register births or deaths and maintain a unified database of registered births and deaths at the State level by using the portal as approved by the Registrar General of India and it shall be obligatory upon the Registrars to share the data of registered births and deaths to such database. (6) Subject to the proviso to sub-section (1) of section 17 and with the prior approval of the State Government, the database of registered births and deaths maintained under sub-section (5) at the State level may, on request, be made available to the authority dealing with other databases at the State level and the authority shall inform action taken, within such period as may be notified from time to time, to the State Government: Provided that the preparation or maintenance of database relating to electoral rolls shall be without prejudice to the provisions of the Representation of the People Act, 1950 (43 of 1950).] **5. Registration divisions.—The State Government may, by notification in the Official Gazette,** divide the territory within the State into such registration divisions as it may think fit and prescribe different rules for different registration divisions. **6. District Registrar.—(1) The State Government may appoint a District Registrar for each revenue** district and such number of Additional District Registrars as it thinks fit who shall, subject to the general control and direction of the District Registrar, discharge such functions of the District Registrar as the District Registrar may, from time to time, authorise them to discharge. 1. Ins. by Act 20 of 2023, s. 5 (w.e.f. 1-10-2023). 5 ----- (2) The District Registrar shall superintend, subject to the direction of the Chief Registrar, the registration of births and deaths in the district and shall be responsible for carrying into execution in the district the provisions of this Act and the orders of the Chief Registrar issued from time to time for the purposes of this Act. **7. Registrars.—(1) The State Government may appoint a Registrar for each local area comprising the** area within the jurisdiction of a municipality, panchayat or other local authority or any other area or a combination of any two or more of them: Provided that the State Government may appoint in the case of a municipality, panchayat, or other local authority, any officer or other employee thereof as a Registrar. (2) Every Registrar shall, without fee or reward, enter in the register maintained [1][,electronically or otherwise,] for the purpose all information given to him under section 8 or section 9 [1][in respect of births and deaths which has taken place in his jurisdiction] and shall also take steps to inform himself carefully of every birth and of every death which takes place in his jurisdiction and to ascertain and register the particulars required to be registered. (3) Every Registrar shall have an office in the local area for which he is appointed. (4) Every Registrar shall attend his office for the purpose of registering births and deaths on such days and at such hours as the Chief Registrar may direct and shall cause to be placed in some conspicuous place on or near the outer door of the office of the Registrar a board bearing, in the local language, his name with the addition of Registrar of Births and Deaths for the local area for which he is appointed, and the days and hours of his attendance. (5) The Registrar may, with the prior approval of the Chief Registrar, [2][appoint Sub-Registrars and, in the event of any disaster or epidemic, appoint Special Sub-Registrars] assign to them any or all of his powers and duties in relation to specified areas within his jurisdiction. 1[Explanation.—For the purposes of this sub-section, the expressions, — (i) “disaster” shall have the same meaning as assigned to it in clause (d) of section 2 of the Disaster Management Act, 2005 (53 of 2005); (ii) “epidemic” means the epidemic referred to in the Epidemic Diseases Act, 1897 (3 of 1897).] CHAPTER III REGISTRATION OF BIRTHS AND DEATHS **8. Persons required to register births and deaths.—(1) It shall be the duty of the persons specified** below to give or cause to be given, either [3][orally or in writing with signature], according to the best of their knowledge and belief, within such time as may be prescribed, information to the Registrar of the several particulars [4][including the Aadhaar number of parents and the informant, if available, in case of birth,] required to be entered in the forms prescribed by the State Government under sub-section (1) of section 16,— (a) in respect of births and deaths in a house, whether residential or non-residential, not being any place referred to in clauses (b) to (e) the head of the house or, in case more than one household live in the house, the head of the household, the head being the person, who is so recognised by the house or the household, and if he is not present in the house at any time during the period within which the birth or death has to be reported, the nearest relative of the head present in the house, and in the absence of any such person, the oldest adult [5]*** person present therein during the said period; 4[(aa) in respect of non-institutional adoption, the adoptive parents; (ab) in respect of birth of a child to a single parent or unwed mother from her womb, the parent; (ac) in respect of birth of a child through surrogacy, the biological parent;] 1. Ins. by Act 20 of 2023, s. 6 (w.e.f. 1-10-2023). 2. Subs. by s. 6, ibid., for “appoint sub-Registrars and” (w.e.f. 1-10-2023). 3. Subs. by s. 7, ibid., for “orally or in writing” (w.e.f. 1-10-2023). 4. Ins. by s. 7, ibid. (w.e.f. 1-10-2023). 5. The word “male” omitted by s. 7, ibid. (w.e.f. 1-10-2023). 6 ----- (b) in respect of births and deaths in a hospital, health centre, maternity or nursing home or other like institution, the medical officer in charge or any person authorised by him in this behalf; (c) in respect of births and deaths in a jail, the jailor in charge; (d) in respect of births and deaths in a choultry, chattram, hostel, dharmasala, boarding-house, lodging-house, tavern, barrack, toddy shop or place of public resort, the person in charge thereof; 1[(da) in respect of a child who is taken on adoption from the Specialised Adoption Agency, the person in-charge of the Specialised Adoption Agency. _Explanation.—For the purposes of this clause, the expression “Specialised Adoption Agency”_ shall have the same meaning as assigned to it in clause (57) of section 2 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016); (db) in respect of an orphan or abandoned child or surrendered child in any child care institution, the person in-charge or caretaker of the child care institution. _Explanation.—For the purposes of this clause, the expressions “abandoned child” or “child care_ institution” or “orphan” or “surrendered child” shall have the same meanings as respectively assigned to them in clauses (1), (21), (42) and (60) of section 2 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016); (dc) in respect of birth of a child through surrogacy in a surrogacy clinic, the person in-charge of the surrogacy clinic. _Explanation.—For the purposes of this clause, the expressions “surrogacy” and “surrogacy clinic”_ shall have the same meanings as respectively assigned to them in clauses (zd) and (ze) of sub-section (1) of section 2 of the Surrogacy (Regulation) Act, 2021 (47 of 2021);] (e) in respect of any new-born child or dead body found deserted in a public place, the headman or other corresponding officer of the village in the case of a village and the officer in charge of the local police station elsewhere: Provided that any person who finds such child or dead body, or in whose charge such child or dead body may be placed, shall notify such fact to the headman or officer aforesaid; (f) in any other place, such person as may be prescribed. (2) Notwithstanding anything contained in sub-section (1), the State Government, having regard to the conditions obtaining in a registration division, may by order require that for such period as may be specified in the order, any person specified by the State Government by designation in this behalf, shall give or cause to be given information regarding births and deaths in a house referred to in clause (a) of sub-section (1) instead of the persons specified in that clause. **9. Special provision regarding births and deaths in a plantation.—In the case of births and deaths** in a plantation, the superintendent of the plantation shall give or cause to be given to the Registrar the information referred to in section 8: Provided that the persons referred to in clauses (a) to (f) of sub-section (1) of section 8 shall furnish the necessary particulars to the superintendent of the plantation. _Explanation.—In this section, the expression “plantation” means any land not less than four hectares_ in extent which is being prepared for the production of, or actually produces, tea, coffee, pepper, rubber, cardamom, cinchona or such other products as the State Government may, by notification in the Official Gazette, specify and the expression “superintendent of the plantation” means the person having the charge or supervision of the labourers and work in the plantation, whether called a manager, superintendent or by any other name. **10. Duty of certain persons to notify births and deaths and to certify cause of death.—(1) It shall** be the duty of— (i) the midwife or any other medical or health attendant at a birth or death, 1. Ins. by Act 20 of 2023, s. 7 (w.e.f. 1-10-2023). 7 ----- (ii) the keeper or the owner of a place set apart for the disposal of dead bodies or any person required by a local authority to be present at such place, or (iii) any other person whom the State Government may specify in this behalf by his designation, to notify every birth or death or both at which he or she attended or was present, or which occurred in such areas as may be prescribed, to the Registrar within such time and in such manner as may be prescribed. 1[(2) Where death occurs in any medical institution providing specialised treatment or general treatment, every such institution, irrespective of ownership, shall, free of charge, provide a certificate of the cause of death, including the history of illness, if any, signed by the medical practitioner who attended that person during his recent illness to the Registrar in such form as may be prescribed and provide a copy of such certificate to the nearest relative. (3) In the event of death of any person occurring in any place other than medical institution, and such person was, during his recent illness, attended to by a medical practitioner, such medical practitioner shall, after the death of that person, free of charge, forthwith issue, a certificate of the cause of death, including the history of illness, if any, to the person required under this Act to give information concerning the death in such form as may be prescribed, and the person, on receipt of the certificate, shall deliver the same to the Registrar at the time of giving information of the death as required under this Act.] **11. Informant to sign the register.—Every person who has orally given to the Registrar any** information required under this Act shall write in the register maintained in this behalf, his name, description and [2][place of abode and put his signature thereto, and, if he cannot write], shall put his thumb mark in the register against his name, description and place of abode, the particulars being in such a case entered by the Registrar. **3[12. Certificate of registration of births or deaths.—The Registrar shall, as soon as the registration** of a birth or death has been completed, but not later than seven days, give, free of charge, electronically or otherwise under his signature, to the person who gives information under section 8 or section 9, a certificate extracted from the register relating to such birth or death in such form and manner as may be prescribed.] **13. Delayed registration of births and deaths.—(1) Any birth or death of which information is** given to the Registrar after the expiry of the period specified therefor, but within thirty days of its occurrence, shall be registered on payment of such late fee as may be prescribed. 4[(2) Any birth or death of which delayed information is given to the Registrar after thirty days but within one year of its occurrence, shall be registered only with the written permission of the District Registrar or such other authority, on payment of such fee and on production of self-attested document in such form and manner as may be prescribed. (3) Any birth or death of which delayed information is given to the Registrar after one year of its occurrence, shall be registered only on an order made by a District Magistrate or Sub-Divisional Magistrate or by an Executive Magistrate authorised by the District Magistrate, having jurisdiction over the area where the birth or death has taken place, after verifying the correctness of the birth or death and on payment of such fee as may be prescribed. _Explanation.—For the purposes of this sub-section, the expression “Executive Magistrate” means the_ Executive Magistrate appointed under sub-section (1) of section 20 of the Code of Criminal Procedure, 1973 (2 of 1974).] (4) The provisions of this section shall be without prejudice to any action that may be taken against a person for failure on his part to register any birth or death within the time specified therefor and any such birth or death may be registered during the pendency of any such action. **14. Registration of name of child.—Where the birth of any child has been registered without a** name, the parent or guardian of such child shall within the prescribed period give information regarding 1. Subs. by Act 20 of 2023, s. 8, for sub-sections (2) and (3) (w.e.f. 1-10-2023). 2. Subs. by s. 9, ibid., for “place of abode, and, if he cannot write” (w.e.f. 1-10-2023). 3. Subs. by s. 10, ibid., for section 12 (w.e.f. 1-10-2023). 4. Subs. by s. 11, ibid., for sub-sections (2) and (3) (w.e.f. 1-10-2023). 8 ----- the name of the child to the Registrar either orally or in writing and thereupon the Registrar shall enter such name in the register and initial and date the entry. **15. Correction or cancellation of entry in the register of births and deaths.—If it is proved to the** satisfaction of the Registrar that any entry of a birth or death in any register kept by him under this Act is erroneous in form or substance, or has been fraudulently or improperly made, he may, subject to such rules as may be made by the State Government with respect to the conditions on which and the circumstances in which such entries may be corrected or cancelled, correct the error or cancel the entry by suitable entry in the margin, without any alteration of the original entry, and shall sign the marginal entry and add thereto the date of the correction or cancellation. CHAPTER IV MAINTENANCE OF RECORDS AND STATISTICS **16. Registrars to keep registers in the prescribed form.-—(1) Every Registrar shall keep in the** prescribed form a register of births and deaths [1][,electronically or otherwise,] for the registration area or any part thereof in relation to which he exercises jurisdiction. (2) The Chief Registrar shall cause to be printed and supplied a sufficient number of register books for making entries of births and deaths according to such forms and instructions as may, from time to time, be prescribed; and a copy of such forms in the local language shall be posted in some conspicuous place on or near the outer door of the office of every Registrar. **17. Search of births and deaths register.—(1) Subject to any rules made in this behalf by the State** Government, including rules relating to the payment of fees and postal charges, any person may— (a) cause a search to be made by the Registrar for any entry in a register of births and deaths; and 2[(b) obtain, electronically or otherwise, a certificate of birth or death from such register and issued in such form and manner as may be prescribed: Provided that no certificate relating to any death, issued to any person, shall disclose the particulars regarding the cause of death as entered in the register.] (2) All [3][certificates] given under this section shall be certified by the Registrar or any other officer authorised by the State Government to give such [3][certificates] as provided in section 76 of the Indian Evidence Act, 1872 (1 of 1872), and shall be admissible in evidence for the purpose of proving the birth or death to which the entry relates. 4[(3) Notwithstanding anything contained in any other law for the time being in force, the certificate referred to in sub-section (2) or section 12, shall be used to prove the date and place of birth of a person who is born on or after the date of commencement of the Registration of Births and Deaths (Amendment) Act, 2023, for the purposes of— (a) admission to an educational institution; (b) issuance of a driving licence; (c) preparation of a voter list; (d) registration of a marriage; (e) appointment to a post in the Central Government or State Government or a local body or public sector undertaking or in any statutory or autonomous body under the Central Government or State Government; (f) issuance of a passport; (g) issuance of an Aadhaar number; and (h) any other purpose as may be determined by the Central Government.] 1. Ins. by Act 20 of 2023, s. 12 (w.e.f. 1-10-2023). 2. Subs. by s. 13, ibid., for clause (b) (w.e.f. 1-10-2023). 3. Subs. by s. 13, ibid., for “extracts” (w.e.f. 1-10-2023). 4. Ins. by s. 13, ibid. (w.e.f. 1-10-2023). 9 ----- **18. Inspection of registration offices.** The registration offices shall be inspected and the registers kept therein shall be examined in such manner and by such authority as may be specified [1][in general or special order by the Chief Registrar]. **19. Registrars to send periodical returns to the Chief Registrar for compilation.—(1) Every Registrar** shall send to the Chief Registrar or to any officer specified by him, at such intervals and in such form as may be prescribed, a return regarding the entries of births and deaths in the register kept by such Registrar. (2) The Chief Registrar shall cause the information in the returns furnished by the Registrars to be compiled and shall publish for the information of the public a statistical report on the registered births and deaths during the year at such intervals and in such form as may be prescribed. CHAPTER V MISCELLANEOUS **20. Special provision as to registration of births and deaths of citizens outside India.—(1) The** 2[Registrar General of India] shall, subject to such rules as may be made by the Central Government in this behalf, cause to be registered information as to births and deaths of citizens of India outside India received by him under the rules relating to the registration of such citizens at Indian Consulates made under the Citizenship Act, 1955 (57 of 1955), and every such registration shall also be deemed to have been duly made under this Act. (2) In the case of any child born outside India in respect of whom information has not been received as provided in sub-section (1), if the parents of the child return to India with a view to settling therein, they may, at any time within sixty days from the date of the arrival of the child in India, get the birth of the child registered under this Act in the same manner as if the child was born in India and the provisions of section 13 shall apply to the birth of such child after the expiry of the period of sixty days aforesaid. **21. Power of Registrar to obtain information regarding birth or death.—The Registrar may either** orally or in writing require any person to furnish any information within his knowledge in connection with a birth or death in the locality within which such person resides and that person shall be bound to comply with such requisition. **22. Powers to give directions.—The Central Government may give such directions to any State** Government as may appear to be necessary for carrying into execution in the State any of the provisions of this Act or of any rule or order made thereunder. **23. Penalties.—(1) [3][Any person, except the person specified in sub-section (1A),] who—** (a) fails without reasonable cause to give any information which it is his duty to give under any of the provisions of sections 8 and 9; or (b) gives or causes to be given, for the purpose of being inserted in any register of births and deaths, any information which he knows or believes to be false regarding any of the particulars required to be known and registered; or (c) refuses to write his name, description and place of abode or to put his thumb mark [4][or signature, as the case may be,] in the register as required by section 11, shall be punishable with fine which may extend to [5][two hundred and fifty rupees]. 4[(1A) Whoever, being a person specified in clauses (b), (c), (d), (da), (db), (dc) and (e) of sub-section (1) of section 8, — (a) fails without reasonable cause to give any information which it is his duty to give; or (b) gives or causes to be given, for the purpose of being inserted in any register of births and deaths, any information which he knows or believes to be false regarding any of the particulars required to be known and registered; or (c) refuses to write his name, description and place of abode or to put his thumb mark or signature in the register as required under section 11, shall be punishable with fine which may extend to one thousand rupees in respect of each birth or death.] 1. Subs. by Act 20 of 2023, s. 14, for “by the District Registrar” (w.e.f. 1-10-2023). 2. Subs. by s. 2, ibid., for “Registrar-General” (w.e.f. 1-10-2023). 3. Subs. by s. 15, ibid., for “Any person” (w.e.f. 1-10-2023). 4. Ins. by s. 15, ibid. (w.e.f. 1-10-2023). 5. Subs. by s. 15, ibid., for “fifty rupees” (w.e.f. 1-10-2023). 10 ----- (2) Any Registrar or Sub Registrar who neglects or refuses, without reasonable cause, to register any birth or death occurring in his jurisdiction [1][or to give a certificate to the informant under section 12] or to submit any returns as required by sub-section (1) of section 19 shall be punishable with fine which may extend to [2][two hundred and fifty rupees]. 3[(3) Any person who neglects or refuses to provide or issue a certificate as required under sub-section (2) or sub-section (3) of section 10 or any person neglects or refuses to deliver such certificate to the Registrar, shall be punishable with fine which may extend to fifty rupees.] (4) [4][Any person except the person specified in sub-section (1A)] Any person who, without reasonable cause, contravenes any provision of this Act for the contravention of which no penalty is provided for in this section shall be punishable with fine which may extend to [5][two hundred and fifty rupees]. 1[(4A) Any person specified in sub-section (1A), who, without reasonable cause, contravenes any provision of this Act for the contravention of which no penalty is provided for in this section, shall be punishable with fine which may extend to one thousand rupees in respect of each birth or death.] (5) Notwithstanding anything contained in the [6][Code of Criminal Procedure, 1973 (2 of 1973)], an offence under this section shall be tried summarily by a magistrate. **24. Power to compound offences.—(1) Subject to such conditions as may be prescribed, any officer** authorised by the Chief Registrar by a general or special order in this behalf may, either before or after the institution of criminal [7][proceedings under this Act,— (a) accept from the person, except the person specified in sub-section (1A) of section 23, who has committed or is reasonably suspected of having committed an offence under this Act, by way of composition of such offence a sum of money not exceeding two hundred and fifty rupees; (b) accept from the person specified in sub-section (1A) of section 23, who has committed or is reasonably suspected of having committed an offence under this Act, by way of composition of such offence a sum of money not exceeding one thousand rupees in respect of each birth or death.] (2) On the payment of such sum of money, such person shall be discharged and no further proceedings shall be taken against him in respect of such offence. **25. Sanction for prosecution.—No prosecution for an offence punishable under this Act shall be** instituted except by an officer authorised by the Chief Registrar by general or special order in this behalf. 8[25A. Appeal.—(1) Any person aggrieved by any action or order of,— (i) the Registrar, may prefer an appeal to the District Registrar; or (ii) the District Registrar, may prefer an appeal to the Chief Registrar, within a period of thirty days from the date of such action or receipt of such order, as the case may be, in such form and manner as may be prescribed. (2) The District Registrar or the Chief Registrar, as the case may be, shall decide the appeal referred to in sub-section (1) within a period of ninety days from the date of preferring of such appeal.] **26. Registrars and Sub-Registrars to be deemed public servants.—All Registrars and** Sub-Registrars shall, while acting or purporting to act in pursuance of the provisions of this Act or any rule or order made thereunder, be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860). **27. Delegation of powers.—The State Government may, by notification in the Official Gazette,** direct that any power exercisable by it under this Act (except the power to make rules under section 30) or the rules made thereunder shall, subject to such conditions, if any, as may be specified in the direction, be 1. Ins. by Act 20 of 2023, s. 15 (w.e.f. 1-10-2023). 2. Subs. by s. 15, ibid., for “fifty rupees” (w.e.f. 1-10-2023). 3. Subs. by s. 15, ibid., for sub-section (3) (w.e.f. 1-10-2023). 4. Subs. by s. 15, ibid., for “Any Person” (w.e.f. 1-10-2023). 5. Subs. by s. 15, ibid., for “ten rupees” (w.e.f. 1-10-2023). 6. Subs. by s. 15, ibid., for “Code of Criminal Procedure, 1898 (5 of 1898)” (w.e.f. 1-10-2023). 7. Subs. by s. 16, ibid., for certain words (w.e.f. 1-10-2023). 8. Ins. by s. 17, ibid., (w.e.f. 1-10-2023). 11 ----- exercisable, also by such officer or authority subordinate to the State Government as may be specified in the direction. **28. Protection of action taken in good faith.—(1) No suit, prosecution or other legal proceeding** shall lie against the Government, the [1][Registrar General of India], any Registrar, or any person exercising any power or performing any duty under this Act for anything which is in good faith done or intended to be done in pursuance of 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. **29. Act not to be in derogation of Act 6 of 1886.—Nothing in this Act shall be construed to be in** derogation of the provisions of the Births, Deaths and Marriages Registration Act, 1886. **30. Power to make rules.—(1) The State Government may, with the approval of the Central** Government, 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 provision, such rules may provide for— (a) the forms of registers of births and deaths required to be kept under this Act; (b) the period within which and the form and the manner in which information should be given to the registrar under section 8; (c) the period within which and the manner in which births and deaths shall be notified under sub-section (1) of section 10; 2[(d) the form of certificate of the cause of death under sub-section (2) and (3) of section 10; (e) the particulars of which extract may be given under section 12; (f) the authority which may grant permission for registration of a birth or death under sub-section (2) of section 13;] (g) the fees payable for registration made under section 13; 3[(ga) the form and manner in which the certificate of birth or death may be obtained under clause (b) of sub-section (1) of section 17; (gb) the form and manner of preferring an appeal under sub-section (1) of section 25A;] (h) the submission of reports by the Chief Registrar under sub-section (4) of section 4; (i) the search of birth and death registers and the fees payable for such search and for the grant of [4][certificates] from the registers; (j) the forms in which and the intervals at which the returns and the statistical report under section 19 shall be furnished and published; (k) the custody, production and transfer of the registers and other records kept by Registrars; (l) the correction of errors and the cancellation of entries in the register of births and deaths; (m) any other matter which has to be, or may be, prescribed. 5[(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before the State Legislature.] **31. Repeal and saving.—(1) Subject to the provisions of section 29, as from the coming into force of** this Act in any State or part thereof, so much of any law in force therein as relates to the matters covered by this Act shall stand repealed in such State or part, as the case may be. 1. Subs. by Act 20 of 2023, s. 2, for “Registrar-General” (w.e.f. 1-10-2023). 2. Subs. by s. 18, ibid., for clauses (d), (e) and (f) (w.e.f. 1-10-2023). 3. Ins. by s. 18, ibid. (w.e.f. 1-10-2023). 4. Subs. by s. 18, ibid., for “extracts” (w.e.f. 1-10-2023). 5. Ins. by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986). 12 ----- (2) Notwithstanding such repeal, anything done or any action taken (including any instruction or direction issued, any regulation or rule or order made) under any such law 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 aforesaid, as if they 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. **32. Power to remove difficulty.—If any difficulty arises in giving effect in a State to the provisions** of this Act in their application to any area, the State Government may, with the approval of the Central Government, by order make such provisions or give such directions not inconsistent with the provisions of this Act as appears to the State Government to be necessary or expedient for removing the difficulty: Provided that no order shall be made under this section in relation to any area in a State after the expiration of two years from the date on which this Act comes into force in that area. ________ 13 -----

31-May-1969

19

The Union Territories (Separation of Judicial and Executive Functions) Act, 1969

https://www.indiacode.nic.in/bitstream/123456789/1706/2/A1969-19.pdf

central

# THE UNION TERRITORIES (SEPARATION OF JUDICIAL AND EXECUTIVE FUNCTIONS) ACT, 1969 _________ ARRANGEMENT OF SECTIONS _________ SECTIONS 1. Short title, extent and commencement. 2. Definition. 3. Amendments to Code of Criminal Procedure, 1898. 4. Amendments not to render invalid notifications, etc., before commencement of Act. 5. Functions exercisable by Judicial and Executive Magistrates. 6. Repeal of laws in transferred areas in Himachal Pradesh. 7. Saving. 8. Power to remove difficulties. 9. Power of Legislative Assembly of Union territory to amend this Act. THE SCHEDULE. 1 ----- # THE UNION TERRITORIES (SEPARATION OF JUDICIAL AND EXECUTIVE FUNCTIONS) ACT, 1969 ACT NO. 19 OF 1969 [31st May, 1969.] # An Act to provide for the separation of judicial and executive functions in Union Territories. BE it enacted by Parliament in the Twentieth Year of the Republic of India as follows:— **1. Short title, extent and commencement.—(1) This Act may be called the Union territories** (Separation of Judicial and Executive Functions) Act, 1969. (2) It extends to all Union territories except the Union territory of Chandigarh. (3) It shall come into force in a Union territory to which it extends on such date[1] as the Central Government may, by notification in the Official Gazette, appoint in respect thereof: Provided that different dates may be appointed for different areas in a Union territory and any reference to the commencement of this Act in relation to a Union territory or an area therein shall mean the date on which it comes into force in that Union territory or area. **2. Definition.—In sections 3 to 9, “Union territory” means any Union territory other than the Union** territory of Chandigarh. **3. Amendments to Code of Criminal Procedure, 1898.—For the purpose of separation of judicial** and executive functions, the Code of Criminal Procedure, 1898[2] (5 of 1898), shall in its application to a Union territory, be amended in the manner and to the extent specified in the Schedule. **4. Amendments not to render invalid notifications, etc. before commencement of Act.—The** provisions of this Act which amend the Code of Criminal Procedure, 1898[2] (5 of 1898), so as to alter the manner in which, the authority by which, or the law under or in accordance with which, any powers are exercisable, shall not render invalid any notification, order, commitment, attachment, bye-law, rule or regulation duly made or issued or anything duly done before the commencement of this Act, and any such notification, order, commitment, attachment, bye-law, rule or regulation or thing may be revoked, varied or undone in the like manner, to the like extent and in the like circumstances, as if it had been duly made, issued or done after the commencement of this Act by the competent authority and in accordance with the provisions then applicable to such case. **5. Functions exercisable by Judicial and Executive Magistrates.—Where under any law the** functions exercisable by a Magistrate relate to matters which involve the appreciation or sifting of evidence or the formulation of any decision which exposes any person to any punishment, or penalty, or detention in custody pending investigation, inquiry or trial or would have the effect of sending him for trial before any Court, such functions shall, subject to the provisions of this Act and the Code of Criminal Procedure, 1898[2] (5 of 1898) as amended by this Act, be exercisable by a Judicial Magistrate and where 1. 2nd October, 1969, vide notification No. S.O. 3836, dated 17th September, 1969 in respect of the Union territory of Delhi. 1st March, 1970, vide notification No S.O. 384, Dated 29 January, 1970 in respect of Union territory of Laccadive, Minicoy and Amindive Islands. 2. See now the Code of Criminal Procedure, 1973 (2 of 1974). 2 ----- such functions relate to matters which are administrative or executive in nature, such as the grant of a licence, the suspension or cancellation of a licence, sanctioning a prosecution, or withdrawing from a prosecution, they shall, subject as aforesaid, be exercisable by an Executive Magistrate. **6. Repeal of laws in transferred areas in Himachal Pradesh.—On the commencement of this** Act in the transferred areas in the Union territory of Himachal Pradesh, the Punjab Separation of Judicial and Executive Functions Act, 1964 (Punjab Act 25 of 1964) and the Code of Criminal Procedure, 1898[1] (5 of 1898), as in force immediately before such commencement in the said areas shall stand repealed except as respects things done or omitted to be done before such repeal under the said Punjab Act or under the provisions of the laws amended by the said Punjab Act and section 6 of the General Clauses Act, 1897 (10 of 1897), shall apply upon such repeal as if such repeal were a repeal of an enactment by a Central Act; and on such commencement, the said Code as amended by this Act shall extend to, and come into force in, the said areas and the provisions of the laws (other than the said Code) amended by the said Punjab Act shall have effect in the said areas as if such provisions had not been amended by the said Punjab Act. _Explanation.—In this section, “transferred areas” means the territories added to the Union territory_ of Himachal Pradesh by sub-section (1) of section 5 of the Punjab Reorganisation Act, 1966 (31 of 1966), except the territories comprised in the districts of Lahaul and Spiti. **7. Saving.—(1) Save as provided in this section, nothing in this Act shall be deemed to affect—** (a) the validity, invalidity, effect or consequence of anything done or suffered to be done before the commencement of this Act; (b) any right, privilege obligation or liability already acquired, accrued or incurred before such commencement; (c) any penalty, forfeiture or punishment incurred or inflicted in respect of any act before such commencement; (d) any investigation, legal proceeding or remedy in respect of such right, privilege, obligation, liability, penality, 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 in accordance with the provisions of this Act and the Code of Criminal Procedure,1898[1] (5 of 1898), as amended by this Act. (2) All legal proceedings pending before a Magistrate or Court immediately before the commencement of this Act shall, if such Magistrate or Court ceases to have jurisdiction in respect of such proceedings under the provisions of the Code of Criminal Procedure, 1898 (5 of 1898) as amended by this Act, stand on such commencement transferred to the Magistrate or Court having jurisdiction under the provisions of the Code of Criminal Procedure, 1898[1] (5 of 1898), as amended by this Act and shall be heard and disposed of by such Magistrate or Court and such Magistrate or Court shall have all the powers and jurisdiction in respect thereof as if they had been originally instituted before such Magistrate or in such Court, including the power of the succeeding Magistrate under section 350 of the Code of Criminal Procedure, 1898[1] (5 of 1898). **8. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of this** Act, the Central Government, in consultation with the High Court having jurisdiction in relation to the Union territory concerned, may, by order, do anything (including the specification of the appropriate 1. See now the Code of Criminal Procedure, 1973 (2 of 1974). 3 ----- Magistrate, whether judicial or executive, having jurisdiction under any law) 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 this Act. _Explanation.— In this section, “High Court” shall have the same_ meaning as in clause (i) of sub-section (1) of section 4 of the Code of Criminal Procedure, 1898 (5 of 1898). (2) Every order made under sub-section (1) shall be laid, as soon as may be after it is made before each House of Parliament. **9. Power of Legislative Assembly of Union territory to amend this Act.—Notwithstanding** anything contained in section 21 of the Government of Union Territories Act, 1963 (20 of 1963), the Legislative Assembly of a Union territory may by law amend this Act in its application to that Union territory. 4 ----- THE SCHEDULE (See section 3) AMENDMENTS TO THE CODE OF CRIMINAL PROCEDURE, 1898 (5 OF 1898) 1. For section 6, the following sections shall be substituted, namely:— **“6. Classes of Criminal Courts.—Besides the High Court and the Courts constituted under** any law other than this Code for the time being in force, there shall to be two classes of Criminal Courts, namely:— I. Courts of Session. II. Courts of Magistrates. A1.—Classes of Magistrates **6A. Classes of Magistrates.—There shall be the following classes of Magistrates, namely:—** I. Judicial Magistrates: (1) Chief Judicial Magistrate (2) Judicial Magistrates of the first class. (3) Judicial Magistrates of the second class. II. Executive Magistrates: (1) District Magistrates. (2) Sub-divisional Magistrates. (3) Executive Magistrates of the first class. (4) Executive Magistrates of the second class. (5) Special Executive Magistrates.”. 2. In section 7, for sub-sections (2) and (3), the following sub-sections shall be substituted, namely:— “(2) The State Government, in consultation with the High Court, may alter the limits, or the number, of such divisions and districts. (3) The sessions divisions and districts existing in any Union territory immediately before the commencement of the Union Territories (Separation of Judicial and Executive Functions) Act, 1969 in that Union territory shall be sessions divisions and districts respectively, unless and until they are altered as provided in sub-section (2).”. 3. In section 9,— (i) in sub-section (1) after the words “sessions division, and”, the words “, in consultation with the High Court,” shall be inserted ; (ii) in sub-section (2) after the words “State Government”, the words “, in consultation with the High Court,” shall be inserted ; (iii) in sub-section (3), after the words “may also”, the words “, in consultation with the “High Court,” shall be inserted ; and (iv) in sub-section (4), after the words “State Government”, wherever they occur, the words “in consultation with the High Court,” shall be inserted. 5 ----- 4. In section 10,— (i) for the marginal heading, the following marginal heading shall be substituted, namely:— “District Marginal and Chief Judicial Magistrate.”; (ii) in sub-section (1), for the words “a Magistrate”, the words “an Executive Magistrate” shall be substituted ; (iii) in sub-section (2), for the words “any Magistrate of the first class”, the words “any Executive Magistrate of the first class” shall be substituted and after that sub-section as so amended, the following sub-sections shall be inserted, namely:— “(2A) In every district the State Government shall, in consultation with the High Court, invest a judicial Magistrate of the first class with the powers of a Chief Judicial Magistrate under this Code or any other law for the time being in force. (2B) The State Government may, in consultation with the High Court, appoint any Judicial Magistrate of the first class to be an Additional Chief Judicial Magistrate and such Additional Chief Judicial Magistrate shall have all or any of the powers of a Chief Judicial Magistrate referred to in sub-section (2A) as the State Government may, in consultation with the High Court, direct.”; (iv) for sub-section (3), the following sub-section shall be substituted, namely:— “(3) For the purposes of section 88, sub-section (6C), section 406B and section 528, sub-sections (2B) and (3), such Additional District Magistrate shall be deemed to be subordinate to the District Magistrate; and for the purposes of section 88, sub-section (6C), section 192, sub-section (1), section 406B and section 528, sub-sections (2) and (2A), such Additional Chief Judicial Magistrate shall be deemed to be subordinate to the Chief Judicial Magistrate.”. 5. For section 12, the following section shall be substituted, namely:— **“12. Executive Magistrates and Chief Judicial Magistrates.—(1) The State Government** may appoint as many persons as it thinks fit, besides the District Magistrate, to be Executive Magistrates of the first or second class in any district, and the State Government or the District Magistrate, subject to the control of the State Government, may, from time to time, define local areas within which such persons may exercise all or any of the powers with which they may, respectively, be invested under this Code. (2) The State Government, in consultation with the High Court, may confer on any person who is a civil Judge or a member of the Judicial Service of a Union territory or a group of such territories, the powers of any class of Judicial Magistrates in any district; and the State Government, in consultation with the High Court, or the Chief Judicial Magistrate, subject to the control of the High Court, may, from time to time, define local areas within which he may exercise all or any of the powers with which he may be invested under this Code. (3) The State Government, in consultation with the High Court, may, for such period not exceeding three years from the commencement of the Union Territories (Separation of Judicial and Executive Functions) Act, 1969, as it may think fit, appoint as many persons, who are members of a civil service in any Union territory or in any State and who are or have been exercising the powers of a Magistrate in such territory or state at or before the commencement of the said Act, as may be considered necessary to be Judicial Magistrates in any district; and the State Government, in consultation with the High Court, may define local areas within which such persons may exercise all or any of the powers with which they may, respectively, be invested under this Code. 6 ----- (4) Except as otherwise provided by any such definition as is referred to in sub-sections (1), (2) or (3), the jurisdiction and powers of such persons shall extend throughout such district.”. 6. In sub-section (1) of section 13, for the word “Magistrate”, the words “Executive Magistrate” shall be substituted. 7. For section 14, the following section shall be substituted, namely:— **“14.** **Special** **Executive** **Magistrates.—The** State Government may appoint Executive Magistrates for particular areas or for the performance of particular functions and confer on them such powers as it deems fit. Such Magistrates shall be called Special Executive Magistrates and shall be appointed for such term as the State Government may, by general or Special order, direct.”. 8. For sub-section (1) of section 15, the following sub-section shall be substituted, namely:— **“Benches of Judicial Magistrate.—(1) The State Government, in consultation with the** High Court, may direct any two or more Judicial Magistrates in any place in a Union territory to sit together as a Bench and may by order invest such Bench with any of the powers conferred or conferable by or under this Code on a Judicial Magistrate of the first or second class, and direct it to exercise such powers in such cases, or, such classes of cases only and within such local limits as the State Government, in consultation with the High Court, thinks fit.”. 9. In section 16,— (i) for the words “The State Government may, or, subject to the control of the State Government, the District Magistrate”, the words “The High Court, subject to the approval of the State Government,” shall be substituted; and (ii) for the words “Magistrate’ Benches”, the words “Judicial Magistrates’ Benches” shall be substituted. 10. For section 17, the following sections shall be substituted, namely:— **“17. Subordination of Judicial Magistrates and Benches to Chief Judicial Magistrates and** **of Chief Judicial Magistrates and Assistant Sessions Judges to Sessions Judge.—(1) All** Judicial Magistrates appointed under sub-sections (2) and (3) of section 12 and all Benches constituted under section 15, shall, subject to the control of the Sessions Judge, be subordinate to the Chief Judicial Magistrate, and the Chief Judicial Magistrate may, from time to time, make rules or give special orders consistent with this Code as to the distributions of business among such Magistrates and Benches. (2) All Chief Judicial Magistrates shall be subordinate to the Sessions Judge. (3) All Assistant Sessions Judge shall be subordinate to the Sessions Judge in whose Court they exercise jurisdiction, and the sessions Judge may, from time to time, make rules consistent with this Code as to the distribution of business among such Assistant Sessions Judges. (4) The Sessions Judge may also, when he himself is unavoidably absent or incapable of acting, make provision for the disposal of any urgent application by an Additional or Assistant Sessions Judge, or, if there be no Additional or Assistant Sessions Judge, by the Chief Judicial Magistrate, and such Judge or Magistrate shall have jurisdiction to deal with any such application. **17A. Subordination of Executive Magistrates.—(1) All Executive Magistrates appointed** under sub-section (1) of section 12, section 13 and section 14 shall be subordinate to the District Magistrate and every Executive Magistrate (other than a Sub-divisional Magistrate) exercising powers in a sub-division shall also be subordinate to the Sub-divisional Magistrate, subject, however, to the general control of the District Magistrate. 7 ----- (2) The District Magistrate may, from time to time, make rules or give special orders consistent with this Code as to the distribution of business among Executive Magistrates subordinate to him and as to allocation of business to an Additional District Magistrate. **17B. Courts inferior to High Court and Court of Session.—Courts of Session and Courts of** Judicial and Executive Magistrates shall be Criminal Courts inferior to the High Court and Courts of Judicial and Executive Magistrates shall be Criminal Courts inferior to the Court of Session.”. 11. For sub-section (1) of section 29, the following sub-section shall be substituted, namely:— “(1) Subject to the other provisions of this Code, any offence under any other law shall, when any Court in mentioned in the this behalf in such law, be tried by such Court: Provided that if the Court so mentioned is a Court specified in column (1) of the Table below, such offence shall be tried by the Court of the Judicial Magistrate specified against it in column (2), thereof: TABLE Name of court specified in the law Court by which triable (1) (2) 1. District Magistrate 2. Magistrate of the first class 3. Sub-divisional Magistrate 4. Magistrate of the second class 5. Magistrate of the third class 6. Magistrate (except where it occurs in any expression mentioned above). Chief Judicial Magistrate. Judicial Magistrate of the first class. Judicial Magistrate of the first class. Judicial Magistrate of the second class. Judicial Magistrate.”. 12. In section 29B, for the words “a District Magistrate or a Chief Presidency Magistrate, or by any Magistrate specially empowered by the State Government”, the words “a Chief Judicial Magistrate or any other Judicial Magistrate specially empowered by the State Government in consultation with the High Court” shall be substituted. 13. For section 30, the following section shall be substituted, namely:— “30. Offences punishable with imprisonment not excluding seven years.—Notwithstanding anything contained in section 28 or section 29, the State Government, in consultation with the High Court may invest any Chief Judicial Magistrate or any other Judicial Magistrate of the first class with power to try as a Judicial Magistrate all offences not punishable with death or with imprisonment for life or with imprisonment for a term exceeding seven years: Provided that no Chief Judicial Magistrate or Judicial Magistrate of the first class shall be invested with such powers unless he has for not less than ten years, exercised as a Magistrate powers not inferior to those of a Magistrate of the first class: Provided further that if any Judicial Magistrate of the first class has, prior to his appointment as such Magistrate, exercised the powers of an Assistant Sessions Judge, he may be invested with the powers under this section notwithstanding the fact that he has not exercised the powers of Magistrate of the first class for not less than ten years.”. 8 ----- 14. In section 32,— (a) in the marginal heading, for the word “Magistrate”, the words “Judicial Magistrate” shall be substituted; (b) in the sub-section (1),— (i) in the opening sentence, before the word “Magistrates”, the word “Judicial” shall be inserted ; (ii) in clause (a), for the words “Courts of Presidency Magistrates and of Magistrates of the first class”, the words “Courts of Judicial Magistrates of the first class” and in clause (b), for the words “Courts of Magistrates”, the words “Courts of Judicial Magistrate” shall be substituted; (iii) clause (c) shall be omitted; (c) in sub-section (2), for the words “any Magistrate”, the words any Judicial Magistrates” shall be substituted. 15. In section 33, in sub-section (1),— (i) in the marginal heading, for the word “Magistrates”, the words “Judicial Magistrates” shall be substituted ; (ii) in the opening paragraph, for the words “any Magistrate the words “any Judicial Magistrate” shall be substituted; (iii) in the proviso, in clause (b), for the words “by a Magistrate”, the words “ by a Judicial Magistrate” shall be substituted; 16. In the marginal heading of section 34, for the word “District”, the word “Judicial” shall be substituted. 17. In section 36, after the words “District Magistrates”, the words “Chief Judicial Magistrates”, shall be inserted; and for the words “Magistrate of the first, second and third classes”, the words “Judicial and Executive Magistrates of the first and second classes” shall be substituted. 18. For sections 37 and 38, the following sections shall be substituted, namely:— “37. Additional powers conferable on Magistrates.—In addition to the ordinary powers,— (i) the State Government, in consultation with the High Court, may invest any Judicial Magistrate with any of the Powers specified in Part IA of Schedule IV; (ii) a Chief Judicial Magistrate may invest any Judicial Magistrate within his local jurisdiction with the powers specified in Part IB of Schedule IV; (iii) the State Government may invest any Executive Magistrate with any of the powers specified in Part IIA of Schedule IV; and (iv) a District Magistrate may invest any Executive Magistrate within his local jurisdiction with the powers specified in Part IIB of Schedule IV. **38. Exercise of powers under section 37 by Chief Judicial Magistrate or District Magistrate to** **be subject to control of High Court or State Government.—The power conferred on the Chief** Judicial Magistrate under clause (ii) of section 37 shall be exercised subject to the control of the High Court and the power conferred on the District Magistrate under clause (iv) of that section shall be exercised subject to the control of the State Government. 9 ----- **38A. Power on Judicial Magistrates to be conferred in consultation with High** **Court.—Whenever under any provisions of this Code or of any other law for the time being in** force relating to any of the matters specified in Lists II and III of the Seventh Schedule to the Constitution, any judicial powers are to be conferred on a Sessions Judge, or an Additional or Assistant Sessions Judge or a Chief Judicial Magistrate or any other Judicial Magistrate or any such Magistrate is to be specially empowered to exercise such powers the orders conferring such powers or empowering the exercise of such powers shall be made by the State Government in consultation with the High Court notwithstanding that such provision may not expressly so provide. _Explanation_ **—For the purposes of this section, the question whether any powers are judicial** shall be decided by the State Government in consultation with the High Court and such decision shall be final”. 19. In section 39, to sub section (1), the following proviso shall be added, namely:— “Provided that in the case of Judicial Magistrate, the State Government shall confer such powers in consultation with the High Court”. 20. To section 40, the following proviso shall be added, namely:— “Provided that in the case of Judicial Magistrates no such direction shall be issued except in consultation with the High Court.”. 21. In section 41,— (i) to sub-section (1), the following proviso shall be added, namely:— “Provided that the State Government shall not withdraw any power conferred on the Judicial Magistrate except in the consultation with the High Court.”; (ii) for sub-section (2), the following sub-section shall be substituted, namely:— “(2) Any powers conferred by the Chief Judicial Magistrate or the District Magistrate may be withdrawn by him.”. 22. In section 57,— (i) in sub-section (2), for the words “a Magistrate”, the words “a Judicial Magistrate having jurisdiction” shall be substituted; (ii) in sub- section (3), for the word “Magistrate”, the words “Judicial Magistrate” shall be substituted. 23. In section 63, for the word “Magistrate”, the words “Magistrate having jurisdiction” shall be substituted. 24. For Sub-section (1) of section 78, the following sub-section shall be substituted, namely:— “(1) A District Magistrate or a Chief Judicial Magistrate or any other Judicial Magistrate of the first class or a Sub-divisional Magistrate may direct a warrant to any landholder, farmer or manager of land within the area of his jurisdiction for the arrest of an escaped convict, proclaimed offender or person who has been accused of a non-bailable offence, and who has eluded pursuit.”. 25. In section 88,— (a) in sub-section (2) after the words “District Magistrate”, the words “or Chief Judicial Magistrate” shall be inserted; 10 ----- (b) in sub-section (6B) after the words “District Magistrate”, the words “or Chief Judicial Magistrate” shall be inserted; and (c) for the proviso to sub-section (6C), the following proviso shall be substituted, namely:— “Provided that if it is preferred or made in the Court of a District Magistrate or Chief Judicial Magistrate, he may make it over for disposal to any Magistrate subordinate to him, an such Magistrate shall have all the powers and jurisdiction in respect of such claim or objection as if the order of attachment had been issued by such Magistrate and the claim or objection had been originally preferred or made before him.”. 26. In section 95, after the words “District Magistrate”, wherever they occur the words “Chief Judicial Magistrate”, shall be inserted. 27. In sub-section (2) of section 96, after the words “District Magistrate”, the words “or Chief Judicial Magistrate” shall be inserted. 28. In section 98, after the words “District Magistrate”, wherever they occur the words “Chief Judicial Magistrate”, shall be inserted. 29. In sub-section (1) of section 106, for the words “Court of a Presidency Magistrate, a District Magistrate, a Sub-divisional Magistrate or a Magistrate”, the words “Court of a Chief Judicial Magistrate or any other Judicial Magistrate” shall be substituted. 30. In sections 107, 108 and 109, for the words “Magistrate of the first class” and in the section 110 for the words “a Magistrate of the first class”, the words “an Executive Magistrate of the first class” shall be substituted. 31. In section 124,— (i) for the words “Chief Presidency”, whenever they occur, the words “Chief Judicial” shall be substituted; (ii) in sub-section (1), for the words “under this Chapter”, the words and figures “under section 118 or, as the case may be, under section 106” shall be substituted; and (iii) in sub-section (2), for the words “under this Chapter”, the words and figures “under section 106 or, as the case may be, under section 118,” shall be substituted. 32. For section 125, the following section shall be substituted, namely:— **“125. Power of Chief Magistrate to cancel any bond for keeping the peace and of District** **Magistrate to cancel any Bond for keeping the peace or for good behaviour.—The Chief** Judicial Magistrate may, at any time, for sufficient reasons to be recorded in writing, cancel any bond for keeping the peace executed under section 106 and the District Magistrate may at any time likewise cancel any bond for keeping the peace or for good behaviour executed under section 118 by order of any court in his district not superior to his Court.”. 33. In section 126,— (i) in sub-section (1), for the words “to a Presidency Magistrate, District Magistrate, Sub-divisional Magistrate or Magistrate of the first class”, the words and figures “to the Court by which an order to give security was made under section 106 or section 118” shall be substituted and for the word “his”, the word “its” shall be substituted; and (ii) for sub-section (2), the following sub-section shall be substituted, namely:— “(2) On such application being made, the Court shall issue summons or warrant, as it thinks fit, requiring the person for whom such surety is bound to appear or to be brought before it.”. 11 ----- 34. In sections 127, 128, 129 and 132, for the word “Magistrate”, the words “Executive Magistrate” shall be substituted; in sections 130 and 131, for the words “a Magistrate” the words “an Executive Magistrate” and in section 131, for the words “no Magistrate”, the words “no Executive Magistrate” shall be substituted. 35. In section 133,— (i) in the opening paragraph of sub-section (1) and in sub-section (2), for the words “a Magistrate”, the words “an Executive Magistrate” shall be substituted; and (ii) in the closing paragraph of sub-section (1), for the words “Magistrate of the first or second class”, the words “Executive Magistrate” shall be substituted. 36. In section 143, for the words “any other Magistrate”, the words “any other Executive Magistrate” shall be substituted. 37. In sub-section (1) of section 144, for the words and brackets “any other Magistrate (not being a Magistrate of the third class)”, the words “any other Executive Magistrate” shall be substituted. 38. In sub-section (1) of section 145 and sub-section (1) of section 147, for the words “Magistrate of the first class”, the words “Executive Magistrate of the first class” shall be substituted. 39. In sub-section (1) of section 155, the words “having power to try such case or commit the same for trial” shall be inserted at the end. 40. For sub-section (1) of section 164, the following sub-sections shall be substituted, namely:— “(1) Any Judicial Magistrate of the first class or any Judicial Magistrate of the second class specially empowered in this behalf by the State Government in consultation with the High Court, may record any statement or confession made to him in the course of an investigation under this Chapter or under any other law for the time being in force or at any time afterwards before the commencement of the inquiry or trial. (1A) Any Executive Magistrate of the first class or of the second class (not being a police officer) may be specially empowered by the State Government to record such statements or confessions if that Government for reasons to be recorded in writing considers it necessary so to do.”. 41. In section 167,— (i) for the proviso to sub-section (2), the following proviso shall be substituted, namely:— “Provided that no Executive Magistrate of the second class not it specially empowered in this behalf by the State Government, and no Judicial Magistrate of the second class not specially empowered in the behalf by the State Government to consultation with the High Court, shall authorise detention in the custody of the police.”; and (ii) for sub-section (4), the following sub-section, shall be substituted, namely:— “(4) if such order is given by an Executive Magistrate other than the District Magistrate or Sub-divisional Magistrate he shall forward a copy of his order, with his reasons for making it, to the magistrate to whom he is immediately subordinate and if such order is given by a Judicial Magistrate other than the Chief Judicial Magistrate, he shall forward a copy of his order, with his reasons for making it, to the Chief Judicial Magistrate.”. 12 ----- 42. In sub-section (3) of section 170, for the words “District Magistrate or Sub-divisional Magistrate”, the words “Chief Judicial Magistrate” shall be substituted. 43. In sub-section (5) of section 174, for the words “Magistrate of the first class, and any Magistrate”, the words “Executive Magistrate of the first class, and any other Executive Magistrate” shall be substituted. 44. Section 176A which applies only to the Union territory of the Laccadive, Minicoy and Amindevi Islands shall be omitted. 45. In sub-section (1) of section 186, for the words “a Presidency Magistrate, a District Magistrate, a Sub-divisional Magistrate, or, if he is specially empowered in this behalf by the State Government, a Magistrate of the first class”, the words “a District Magistrate, a sub-divisional Magistrate, or, if he is specially empowered in this behalf by the State Government, an Executive magistrate of the first class, or if he is specially empowered in this behalf by the State Government, in consultation with the High Court, a Judicial Magistrate of the first class” shall be substituted. 46. In sub-section (1) of section 187, for the words “a presidency Magistrate or District Magistrate, such Magistrate shall send the person arrested to the District to Sub-divisional Magistrate”, the words “a District Magistrate or Chief Judicial Magistrate, such Magistrate, or as the case may be, to the Chief Judicial Magistrate” shall be substituted. 47. In section 190,— (i) in sub-section (1), for the words “any Presidency Magistrate, District Magistrate or Sub-divisional Magistrate, and any other Magistrate”, the words “ any Chief Judicial Magistrate, and any other Judicial Magistrate” shall be substituted; (ii) in sub-section (2), for the words “The State Government, or the District Magistrate subject to the general or special orders of the State Government, may empower any Magistrate”, the words “The State Government, in consultation with the High Court, or the Chief Judicial Magistrate, subject to the general or special orders of the High Court, may empower any other Judicial Magistrate” shall be substituted; and (iii) in sub-section (3), for the words “State Government may empower any Magistrate” the words “State Government, in consultation with the High Court, may empower any Judicial Magistrate” shall be substituted. 48. In section 192,— (i) in sub-section (1), for the words “Any Chief Presidency Magistrate, District Magistrate or Sub-divisional Magistrate”, the words “Any Chief Judicial Magistrate” shall be substituted; and (ii) in sub-section (2), for the words “District Magistrate”, the words “Chief Judicial Magistrate” shall be substituted. 49. In sub-section (2) of section 193, for the words “the State Government”, the words “the State Government, in consultation with the High Court”, shall be substituted. 50. In section 196B, for the words “Chief Presidency Magistrate”, the words “Chief Judicial Magistrate” shall be substituted. 51. In sub-section (1) of section 206, for the words and brackets “Any Presidency Magistrate, District Magistrate, Sub-divisional Magistrate, Magistrate of the first class, or any Magistrate (not being a Magistrate of the third class) empowered in this behalf by the State Government”, the words “Any Chief Judicial Magistrate or a Judicial Magistrate of the first class 13 ----- or any Judicial Magistrate of the second class empowered this behalf by the State Government, in consultation with the High Court,” shall be substituted. 52. In section 249, for the words “a Presidency Magistrate a Magistrate of the first class, or, with the previous sanction of the District Magistrate, any other Magistrate”, the words “a Judicial Magistrate of the first class, or, with the previous sanction of the Chief Judicial Magistrate, any Judicial Magistrate of the second class” shall be substituted. 53. In sub-section (3) of section 250, the words “or third” shall be omitted. 54. In the opening paragraph of sub-section (1) of section 260, for clauses (a), (b) and (c), the following clauses shall be substituted, namely:— “(a) the Chief Judicial Magistrate, (b) any Judicial Magistrate of the first class specifically empowered in this behalf by the State Government, in consultation with the High Court, and (c) any Bench of Judicial Magistrates invested with the powers of a Judicial Magistrate of the first class and specifically empowered in this behalf by the State Government, in consultation with the High Court.”. 55. In section 261,— (i) in the marginal heading, for the words “Bench of Magistrates”, the words “Bench of Judicial Magistrates” shall be substituted; (ii) in the opening paragraph, for the words “State Government may confer on any Bench of Magistrates invested with the powers of a Magistrate of the second or third class”, the words “State Government, in consultation with the High Court, may confer on the Bench of Judicial Magistrates invested with the powers of a Judicial Magistrate of the second class” shall be substituted. 56. In section 263, for the words “Bench of Magistrates”, the words “Bench of Judicial Magistrates” and for the words “the State Government”, the words “the High Court” shall be substituted. 57. In sub-section (2) of section 265, for the words “The State Government may authorises any Bench of Magistrates”, the words “The State Government, in consultation with the High Court, may authorise any Bench of Judicial Magistrates” shall be substituted. 58. In sub-sections (1) and (2) of section 269, after the words “State Government”, the words “in consultation with the High Court” shall inserted. 59. In section 337, in sub-section (1),— (i) in the opening paragraph, for the words “a Presidency Magistrate, a Sub-divisional Magistrate”, the words “the Chief Judicial Magistrate” shall be substituted; (ii) for the proviso, the following proviso shall be substituted, namely:— “Provided that where the offence is under inquiry or trial, no Magistrate of the first class other than the Chief Judicial Magistrate shall exercise the power hereby conferred unless he is the Magistrate making the inquiry or holding the trial, and, where the offences is under investigation, no Magistrate of the first class other than the District Magistrate or the Chief Judicial Magistrate shall exercise the power unless he is the Judicial Magistrate having jurisdiction in a place where the offence might be inquired into or tried and the sanction of the Chief Judicial Magistrate has been obtained to the exercise thereof.”. 14 ----- 60. In section 338, for the words “District Magistrate”, the words “Chief Judicial Magistrates shall be substituted. 61. In sub-section (1) of section 346, after the words “District Magistrate”, the words “or the Chief Judicial Magistrate, as the case may be,” shall be inserted. 62. In section 349,— (i) in sub-section (1),— (a) for the words “a Magistrate of the second or third class”, the words “a judicial Magistrate of the second class” shall be substituted; and (b) for the words “District Magistrate or Sub-divisional Magistrate”, the words “Chief Judicial Magistrate” shall be substituted; and (ii) in sub-section (1A), for the words “District Magistrate or Sub-divisional Magistrate”, the words “Chief Judicial Magistrate” shall be substituted. 63. For section 373, the following section shall be substituted, namely:— **“373. Court of Session to send copy of finding and sentence to District Magistrate and** **Chief Judicial Magistrate.—In cases tried by the Court of Session, the Court shall forward a** copy of its finding and sentence (if any) to the District Magistrate and the Chief Judicial Magistrate within the local limits of whose jurisdiction the trial was held.”. 64. In section 380, for the words “Magistrate of the first class or a Sub-divisional Magistrate”, the words “Judicial Magistrate of the first class” shall be substituted. 65. For section 406A, the following sections shall be substituted, namely:— **“406A. Appeal from order refusing to accept or rejecting a surety.—Any person aggrieved** by an order refusing to accept or rejecting a surety under section 122 may appeal against such order,— (a) if made by the District Magistrate or the Chief Judicial Magistrate, to the Court of session; (b) if made by an Executive Magistrate other than the District Magistrate, to the District Magistrate; and (c) if made by an Judicial magistrate other than the Chief Judicial Magistrate, to the Chief Judicial Magistrate. **406B.** **Transfer of appeal to Additional District Magistrate to the Additional Chief Judicial** **Magistrate.—The District Magistrate or the Chief Judicial Magistrate may transfer any appeal** presented to him under section 406A to an Additional District Magistrate or to the Additional Chief Judicial Magistrate, as the case may be, and such Additional District Magistrate or Additional Chief Judicial Magistrate may hear and dispose of the appeal.”. 66. In section 407 which applies only to the Union territory of the Laccadive, Minicoy and Amindivi Islands,— (i) for the words “District Magistrate”, wherever they occur, the words “Chief Judicial Magistrate” shall be substituted; (ii) in sub-section (1) for the words, “Magistrate of the second or third class”, the words “Judicial Magistrate of the second class” shall be substituted; (iii) in sub-section (2) for the words, “Magistrate of the first class”, the words “Judicial Magistrate of the first class” shall be substituted. 15 ----- 67. In section 408,— (i) as it applies to any Union territory other than the Union territory of the Laccadive, Minicoy and Amindivi Islands, for the words and figures “a District Magistrate or any other Magistrate, or any person sentenced under section 349 or in respect of whom an order has been made or a sentence has been made or sentence has been passed under section 380 by any Magistrate”, the words and figures “or a Judicial Magistrate or any person sentenced under section 349 or in respect of whom an order has been made or a sentence has been passed under section 380 by a Judicial Magistrate” shall be substituted; (ii) as it applies to the Union territory of the Laccadive, Minicoy and Amindivi Islands, for the words and figures “a District Magistrate or other Magistrate of the first class, or any person sentenced under section 349 or in respect of whom an order has been made or a sentence has been passed under section 380 by any Magistrate”, the words and figures “or a Judicial Magistrate of the first class or any person sentenced under section 349 in respect whom an order has been passed under section 380 by a Judicial Magistrate” shall be substituted. 68. In section 409,— (a) as it applies to any Union territory of the Laccadive, Minicoy and Amindivi Islands, in the proviso, for the words “State Government”, the words “State Government, in consultation with the High Court,” shall be substituted; (b) it applies to any Union territory other than the Union territory of the Laccadive, Minicoy and Amindivi Islands,— (i) in the proviso to sub-section (1), the words “or third” shall be omitted; and (ii) in sub-section (2), for the words “State Government”, the words “State Government, in consultation with the High Court,” shall be substituted. 69. In section 412, for the words “Magistrate of the first class”, the words “Judicial Magistrate of the first class” shall be substituted. 70. In section 413, for the words “or District Magistrate or other Magistrate”, the words “or Chief Judicial Magistrate or other Judicial Magistrate” shall be substituted. 71. In sub-section (1) of section 425, for the words “District Magistrate”, wherever they occur, the words “Chief Judicial Magistrate” shall be substituted, and the words “and a copy thereof shall be forwarded to the District Magistrate” shall be inserted at the end. 72. In sub-section (1) of section 428, for the word “Magistrate”, wherever it occurs, the words “Judicial Magistrate” shall be substituted. 73. For section 435, the following section shall be substituted, namely:— **“435. Power to call for records of inferior Courts.—(1) The High Court or any Sessions** Judge may call for and examine the record of any proceeding before any inferior Criminal Court situate within the local limits of its or his jurisdiction and any Chief Judicial Magistrate may call for and examine the record of any proceedings before any Judicial Magistrate under his Jurisdiction for the purpose of satisfying itself or himself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed, and as to the regularity of any proceedings of such inferior Court or such Magistrate, as the case may be, and may, when calling for such record, direct that the execution of any sentence or order be suspended and, if the accused is in confinement, that he be released on bail or on his own bond pending the examination of the record. (2) The District Magistrate or any Sub-divisional Magistrate empowered by the State Government in this behalf, may call for and examine the record of any proceeding before any Subordinate Executive Magistrate for the purpose of satisfying himself as to the 16 ----- correctness, legality or propriety of any order recorded or passed, and as to the regularity of any proceedings of such Subordinate Magistrate and may, when calling for such record, direct that the execution of any order be suspended and, if the person is in confinement, that he be released on bail or on his own bond pending the examination of the record. (3) If any Sub-divisional Magistrate acting under sub-section (2) considers that any such proceeding or order is illegal or improper or that any such proceeding is irregular, he shall forward the record, with such remarks thereon as he thinks fit to the District Magistrate. (4) The High Court may call for and examine the record of any proceeding under section 118, 122, 143, 144 or 145, notwithstanding the fact that such proceeding was before an Executive Magistrate. (5) If an application in respect of any proceeding before any Judicial Magistrate other than the Chief Judicial Magistrate has been made under sub-section (1) either to the Sessions Judge or the Chief Judicial Magistrate, no further application shall be entertained by the other of them and if an application in respect of any proceeding before any Executive Magistrate has been made to the Sessions Judge under sub-section (1) or to the District Magistrate under sub-section (2), no further application shall be entertained by the other of them.”. 74. Section 436 shall be re-numbered as sub-section (1) thereof and— (i) in sub-section (1) as so re-numbered— (a) for the words “District Magistrate”, wherever they occur, the words “Chief Judicial Magistrate” shall be substituted; (b) in the proviso, for the word “section”, the word “sub-section” shall be substituted; (ii) after sub-section (1) as so re-numbered, the following sub-section shall be inserted, namely:— “(2) On examining any record under section 435 or otherwise, the District Magistrate may direct any Sub-divisional Magistrate by himself or by way any other Magistrate subordinate to him to make, and the Sub-divisional Magistrate may himself make or direct any Subordinate Magistrate to make further inquiry into any proceeding in which an order of release or discharge has been made under section 119: Provided that no District Magistrate shall make any direction under this sub-section for further inquiry into the case of any person who has been released or discharge unless such person has had an opportunity of showing cause why such direction should not be made.”. 75. In section 437, for the words “District Magistrate”, wherever they occur, the words “Chief Judicial Magistrate” shall be substituted. 76. In section 438,— (i) in sub-section (1), for the words “District Magistrate”, the words “Chief Judicial Magistrate” shall be substituted; and (ii) after sub-section (2), the following sub-section shall be inserted, namely:— “(3) The District Magistrate, on examining under section 435 or otherwise the record of any proceeding,— (a) shall, if such proceeding is in respect of an order under sections 118, 122, 143, 144 or 145 and if he thinks that the order made in such proceeding should be reversed or altered, report for the orders of the High Court the result of such examination; 17 ----- (b) may, if such proceeding is in respect of an order made under any other section, exercise, subject to the provisions of sub-section (2) of section 436, any of the powers conferred on a Court of appeal by sections 423, 426, 427 and 428.”. 77. In sub-section (3) of section 439, for the words “a Magistrate of the first class”, the words “a judicial Magistrate of the first class” shall be substituted. 78. In section 479, for the words “Presidency Magistrate, District Magistrate or other Magistrate”, the words “Chief Judicial Magistrate or any other Judicial Magistrate” shall be substituted. 79. In sub-section (1) of section 488, for the words “District Magistrate, a Presidency Magistrate, a Sub-divisional Magistrate or a Magistrate”, the words “Chief Judicial Magistrate or any other Judicial Magistrate” shall be substituted. 80. In sub-section (2) of section 512, for the words “any Magistrate of the first class”, the words “any judicial Magistrate of the first class” shall be substituted. 81. For section 515, the following section shall be substituted namely:— **“515. Appeal from and revision of, orders under section 514.—All orders under** section 514 shall be appealable,— (i) to the District Magistrate, if passed by an Executive Magistrate, and (ii) to the Chief Magistrate, if passed by an Judicial Magistrate, or if not so appealed, may be raised by the District Magistrate or, as the case may be, by the Chief Judicial Magistrate”. 82. In section 524,— (i) in sub-section (1) for the words “a Magistrate of the first class”, the words “an Executive Magistrate of the first class” shall be substituted; and (ii) in sub-section (2) for the words “to the Court to which appeals against sentences of the Court passing such order would lie”, the words “to the Sessions Judge” shall be substituted. 83. In section 528,— (i) in sub-section (2),— (a) for the marginal heading, the following marginal heading shall be substituted, namely:— “Chief Judicial Magistrate may withdraw or refer cases”; and (b) for the words “Any Chief Presidency Magistrate, District Magistrate or Sub-divisional Magistrate”, the words “The Chief Judicial Magistrate” shall be substituted; and (ii) after sub-section (2), the following sub-sections shall be inserted, namely:— **“(2A)** **Power to authorise Chief Judicial Magistrate to withdraw classes of cases.—The** State Government, in consultation with the High Court, may authorise the Chief Judicial Magistrate to withdraw from any Magistrate subordinate to him either such classes of cases as he thinks proper, or particular classes of cases. 18 ----- **“(2B)** **District Magistrate may withdraw or refer cases.—Any District Magistrate may** withdraw any case from or recall any case which he has made over to, any Magistrate subordinate to him and may inquire into such case himself, or refer it for inquiry to any other such Magistrate competent to inquire into the same.”. 84. In sub-section (2) of section 559, the words “the Chief Presidency Magistrate in a Presidency-town, and the District Magistrate outside such towns”, the words “the Chief Judicial Magistrate in the case of Judicial Magistrates and the District Magistrate in the case of Executive Magistrates” shall be substituted. 85. In section 561, for the words “a Chief Presidency Magistrate or District Magistrate”, wherever they occur, the words “a Chief Judicial Magistrate” shall be substituted. 86. In the proviso to sub-section (1) of section 562,— (i) for the words “Magistrate of the third class, or a Magistrate of the second class not specially empowered by the State Government”, the words “Judicial Magistrate of the second class not specially empowered by the State Government in consultation with the High Court,” shall be substituted; and (ii) for the words “Magistrate of the first class or the Sub-divisional Magistrate”, the words “Judicial Magistrate of the first class” shall be substituted. 87. In section 565,— (i) in sub-section (1), for the words “Presidency Magistrate, District Magistrate, Sub-divisional Magistrate or Magistrate”, the words “Chief Judicial Magistrate or any other Judicial Magistrate” shall be substituted; (ii) in sub-section (3) after the words “State Government”, the words “in consultation with the High Court”, shall be inserted ; and (iii) in sub-section (5), for the words “Magistrate”, the words “Judicial Magistrate” shall be substituted. 88. In Schedule II, in column 8,— (i) for the word “Magistrate”, wherever it occurs except in the expression “Presidency Magistrate”, the words “Judicial Magistrate”, and for the words “Any Magistrate”, wherever they occur, the words “Any Judicial Magistrate” shall be substituted; (ii) for the entry against section 124A, the following entry shall be substituted, namely:— “Court of session, Chief Judicial Magistrate or any other Judicial Magistrate of the first class specially empowered by the State Government, in consultation with the High Court, in that behalf.”; and (iii) in the entry relating to section 376, for the words “Chief Presidency Magistrate or District Magistrate”, the words “or Chief Judicial Magistrate” shall be substituted. 19 ----- 89. For Schedules III and IV, the following Schedules shall be substituted, namely:— “SCHEDULE III (See section 36) ORDINARY POWER OF STATE MAGISTRATES _I._ _Ordinary powers of a Judicial Magistrate of the second class._ (1) Power to arrest or direct the arrest of, and to commit to custody a person committing an offence in his presence, section 64. (2) Power to arrest or direct the arrest his presence of, an offender, section 65. (3) Power to endorse a warrant, or to order the removal of an accused person arrested under a warrant, sections 83, 84 and 86. (4) Power to issue proclamations in cases judicially before him, section 87. (5) Power to attach and sell property to dispose of claims or objections to attached property, section 88. (6) Power to restore attached property, section 89. (7) Power to require search to be made for letters and telegrams, section 95. (8) Power to issue search warrant, section 96. (9) Power to endorse a warrant and order delivery of thing found, section 99. (10) Power to order the police to investigate an offence in cases in which the Magistrate has jurisdiction to try or commit for trial, section 155. (11) Power to authorise detention, not been detention in the custody of the police, of a person during a police investigation, section 167. (12) Power to postpone issue of process and to inquire into a case or direct investigation, section 202. (13) Power to detain an offender found in Court, section 351. (14) Power to issue commission for examination of witness, sections 503, 506. (15) Power to recover forfeited bond for appearance before the Magistrate Court, section 514, and to require fresh security, section 514A. (16) Power to make order as to custody and disposal of property pending inquiry or trial, section 516A. (17) Power to make Order as to dispose of property, section 517. (18) Power to sell property of a suspected character, section 525. (19) Power to require affidavit in support of application, section 539A. (20) Power to make local inspection, section 539B. _II.—Ordinary powers of a Judicial Magistrate of the first class_ (1) The Ordinary powers of a Judicial Magistrate of the second class. (2) Power to direct warrant to landholders, section 78. (3) Power to issue search warrant, otherwise than in due course of an inquiry, section 98. (4) Power to issue search warrant for discovery of persons wrongfully confined, section 100. (5) Power to require execution of a bond, section 106. 20 ----- (6) Power to discharge sureties, section 126A. (7) Power to record statements and confessions during a police investigation, section 164. (8) Power to authorise detention of a person in the custody of the police during a police investigation, section 167. (9) Power to commit for trial, section 206. (10) Power to stop proceedings when no complainant, section 249. (11) Power to tender pardon to accomplice during inquiry into case by himself, section 337. (12) Power to make orders of maintenance, sections 488 and 489. (13) Power to recall case made over by him to another Magistrate, section 528 (4). (14) Power to make order as to first offenders, section 562. (15) Power to order released convicts to notify residence, section 565. _III-Ordinary powers of a Chief Judicial Magistrate_ (1) The Ordinary powers of a Judicial Magistrate of the first class. (2) Power to try juvenile offenders, section 29B. (3) Power to require delivery of letters, telegrams, etc., section 95. (4) Power to issue search warrants for documents in custody of postal or telegraph authorities, section 96. (5) Power to release person imprisoned for failure to give security under section 106, section 124. (6) Power to cancel any bond for keeping the peace under section 106, section 125. (7) Power to order police investigation into a cognizable case, section 156. (8) Power to issue process for a person within local jurisdiction who has committed an offence outside the local jurisdiction, section 186. (9) Power to entertain complaints, section 190. (10) Power to receive police reports, section 190. (11) Power to entertain cases without complaint, section 190. (12) Power to transfer cases to a Subordinate Magistrate, section 192. (13) Power to order preliminary investigation by a police officer not below the rank of an Inspector in certain cases, section 196B. (14) Power to try summarily, section 260. (15) Power to tender pardon to accomplice at any stage of a case, section 337. (16) Power to pass sentence on proceedings recorded by a Subordinate Magistrate, section 349. (17) Power to hear appeals from orders of Judicial Magistrate refusing to accept or rejecting sureties, section 406A. (18) Power to call for records, section 435. (19) Power to order inquiry, section 436. 21 ----- (20) Power to order commitment, section 437. (21) Power to report case to High Court, section 438. (22) Power to hear appeals from or revise orders passed under section 514, section 515. (23) Power to withdraw cases and to try or refer them for trial, section 528. _IV.— Ordinary powers of an Executive Magistrate of the second class._ (1) Power to arrest or direct the arrest of, and to commit to custody, a person committing an offence in his presence, section 64. (2) Power to arrest, or direct the arrest in his presence of, an offender, section 65. (3) Power to endorse a warrant, or to order the removal of an accused person arrested under a warrant, sections 83, 84, 86. (4) Power to issue proclamations, section 87. (5) Power to attach and sell property, section 88. (6) Power to restore attached property, section 89. (7) Power to require search to be made for letters and telegrams, section 95. (8) Power to issue search warrants section 96. (9) Power to endorse a search warrant and order delivery of thing found, section 99. (10) Power to command unlawful assembly to disperse, section 127. (11) Power to use civil force to disperse unlawful assembly, section 128. (12) Power to require military force to be used to disperse unlawful assembly, section 130. (13) Power to authorise detention not being detention in the custody of the police, of a person during a police investigation, section 167. (14) Power to take evidence on commission, section 503. (15) Power to recover forfeited bond for appearance before Magistrate’s Court, section 514 and to require fresh security, section 514A. (16) Power to make order as to disposal of property, section 517. (17) Power to sell property of a suspected character, section 525. _V.—Ordinary powers of an Executive Magistrate of the first class._ (1) The ordinary powers of an Executive Magistrate of the second class. (2) Power to issue search warrant otherwise than in course of an inquiry, section 98. (3) Power to issue search warrant for discovery of persons wrongfully confined, section 100. (4) Power to require security to keep the peace, section 107. (5) Power to require security for good behaviour, section 109. (6) Power to discharge sureties, section 126A. (7) Power to make orders as to local nuisances, section 133. (8) Power to make orders, etc., in possession cases, sections 145, 146 and 147. 22 ----- (9) Power to authorise detention of a person in custody of the police during a police investigation, section 167. (10) Power to hold inquests, section 174. _VI.—Ordinary powers of a Sub-divisional Magistrate_ (1) The ordinary powers of an Executive Magistrate of the first class. (2) Power to direct warrants to landholders, section 78. (3) Power to require security for good behaviour, section 110. (4) Power to makes orders prohibiting repetitions of nuisances, section 143. (5) Power to make orders section 144. (6) Power to depute Subordinate Executive Magistrate to make local inquiry, section 148. (7) Power to issue process for person within local jurisdiction who has committed an offence outside the local jurisdiction, section 186. (8) Power to sell property alleged or suspected to have been stolen, etc., section 524. _VII.—Ordinary powers of District Magistrate_ (1) The ordinary powers of a sub-divisional Magistrate. (2) Power to require delivery letters, telegrams, etc., section 95. (3) Power to issue search warrants for documents in custody of postal or telegraph authorities, section 96. (4) Power to require security for a good behaviour, section 108. (5) Power to discharge persons bound to keep the peace or to be of good behaviour under section 118, section 124. (6) Power to cancel bond for keeping the peace or to be of good behaviour under section 118, section 125. (7) Power to order preliminary investigation by police officer not below the rank of Inspector in certain cases, section 196B. (8) Power to tender pardon to accomplice at the stage of investigation, section 337. (9) Power to hear appeals from orders of Executive Magistrate refusing to accept or rejecting sureties, section 406A. (10) Power to call for and examine records, section 435(2). (11) Power to direct Executive Magistrate to make further inquiry into proceedings, etc., section 436 (2). (12) Power to report cases to High Court, section 438(3). (13) Power to appoint person to be Public Prosecutor in particular case, section 492(2). (14) Power to hear appears from or revise orders passed under section 514, section 515. (15) Power to compel restoration of abducted female, section 552. 23 ----- SCHEDULE IV (See sections 37 and 38) ADDITIONAL POWER WITH WHICH STATE MAGISTRATES MAY BE INVESTED PART I A.—BY THE STATE GOVERNMENT IN CONSULTATION WITH THE HIGH COURT _Powers with which a Judicial Magistrates of the first class may be invested_ (1) Power to try juvenile offenders, section 29B. (2) Power to issue process for person within local jurisdiction who has committed an offence outside the local jurisdiction, section 186. (3) Power to take cognizance of offender upon complaint, section 190. (4) Power to take cognizance of offences upon police reports, section 190. (5) Power to take cognizance of offences without complaint, section 190. (6) Power to try summarily, section 260. (7) Power to try cases under section 124A of the Indian Penal Code. _Powers with which a Judicial Magistrate of the second class may be invested_ (1) Power to try juvenile offenders, section 29B. (2) Power to record statements an confessions during in a police investigation, section 164. (3) Power to authorise detention of a person in the custody of the police during a police investigation, section 167. (4) Power to take cognizance of offences upon complaint, section 190. (5) Power to take cognizance of offences upon police reports, section 90. (6) Power to take cognizance of offences without complaint, section 190. (7) Power to commit for trial, section 206. (8) Power to make orders as to first offenders, section 562. B.—BY THE CHIEF JUDICIAL MAGISTRATE _Powers with which any Judicial Magistrate of the second class may be invested_ (1) Power to take cognizance of offences upon complaint, section 190. (2) Power to take cognizance of offences upon police reports, section 190. (3) Power to transfer cases, section 192 (2). _Powers with which any Judicial Magistrate of the first class may be invested_ (1) Power to take cognizance of offences upon complaint, section 190. (2) Power to take cognizance of offences upon police reports, section 190. 24 ----- PART II A—BY STATE GOVERNMENT _Powers with which a Sub-divisional Magistrate may be invested_ Power to call for records of inferior courts and to forward them to the District Magistrate, sub-sections (2) and (3) of section 435. _Powers with which an Executive Magistrate of the first class may be invested_ (1) Power to require security of good behaviour in the case of sedition, section 108. (2) Power to require security for a good behaviour, section 110. (3) Power to make orders prohibiting repetitions of nuisances, section 143. (4) Power to make order under section 144. (5) Power to record statements and confessions during a police investigation, section 164. (6) Power to issue process for person within local jurisdiction who has committed an offence outside the local jurisdiction, section 186. (7) Power to sell property alleged or suspected to have been stolen, etc., section 524. _Powers with which an Executive Magistrate of the first class may be invested_ (1) Power to make orders prohibiting repetitions of nuisances, section 143. (2) Power to make order under section 144. (3) Power to record statements and confessions during a police investigation, section 164. (4) Power to authorise detention, of a person in the custody of the police during a police investigation, section 167. (5) Power to hold inquests, section 174. B.—BY THE DISTRICT MAGISTRATE _Powers with which any Executive Magistrate of the first class may be invested_ (1) Power to make orders prohibiting repetitions of nuisances, section 143. (2) Power to make order under section 144. _Powers with which any Executive Magistrate of the Second class may be invested_ (1) Power to make orders prohibiting repetitions of nuisances, section 143. (2) Power to make order under section 144. (3) Power to hold inquests, section 174.”. 25 -----

31-Aug-1969

33

The Foreign Marriage Act, 1969

https://www.indiacode.nic.in/bitstream/123456789/1720/1/a1969-33.pdf

central

SECTIONS 1. Short title. 2. Definitions. 3. Marriage Officers. # THE FOREIGN MARRIEGE ACT, 1969 ARRANGEMENT OF SECTONS CHAPTER I PRELIMINARY CHAPER II SOLEMNIZATION OF FOREIGN MARRIAGES 4. Conditions relating to solemnization of foreign marriages. 5. Notice of intended marriage. 6. Marriage Notice Book. 7. Publication of notice 8. Objection to marriage. 9. Solemnization of marriage where no objection made. 10. Procedure on receipt of objection. 11. Marriage not to be in contravention of local laws. 12. Declaration by parties and witnesses. 13. Place and form of solemnization. 14. Certificate of marriage. 15. Validity of foreign marriages in India. 16. New notice when marriage not solemnized within six months. CHAPTER III REGISTRATION OF FOREIGN MARRIAGES SOLEMNIZED UNDER OTHER LAWS 17. Registration of foreign marriages. CHAPTER IV MATRIMONIAL RELIEF IN RESPECT OF FOREIGN MARRIAGES 18. Matrimonial reliefs to be under Special Marriage Act, 1954. CHAPTER V PENALTIES 19. Punishment for bigamy. 20. Punishment for contravention of certain other conditions for marriage. 21. Punishment for false declaration. 1 ----- SECTIONS 22. Punishment for wrongful action of Marriage Officer. CHAPTER VI MISCELLANEOUS 23. Recognition of marriages solemnized under law of other countries. 24. Certification of documents of marriages solemnized in accordance with local law in a foreign country. 25. Certified copy of entries to be evidences. 26. Correction of errors. 27. Act not to affect validity of marriages outside it. 28. Power to make rules. 29. Amendment of Act 43 of 1954. 30. Repeal. THE FIRST SCHEDULE.— FORM OF NOTICE OF INTENDED MARRIAGE. THE SECOND SCHEDULE. —DECLARATION TO BE MADE BY THE BRIDEGROOM AND THE BRIDE. THE THIRD SCHEDULE.— FORM OF CERTIFICATE OF MARRIAGE. 2 ----- # THE FOREIGN MARRIAGE ACT, 1969 ACT NO. 33 OF 1969 [31st August, 1969.] # An Act to make provision relating to marriages of citizens of India outside India. BE it enacted by Parliament in the Twentieth Year of the Republic of India as follows :— CHAPTER I PRELIMINARY **1. Short title.—This Act may be called the Foreign Marriage Act, 1969.** **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “degrees of prohibited relationship” shall have the same meaning as in the Special Marriage Act, 1954 (43 of 1954); (b) “district”, in relation to a Marriage Officer, means the area within which the duties of his office are to be discharged; (c) “foreign country” means a country or place outside India, and includes a ship which is for the time being in the territorial waters of such a country or place; (d) “Marriage Officer” means a person appointed under section 3 to be a Marriage Officer; (e) “official house”, in relation to a Marriage Officer, means— (i) the official house of residence of the officer; (ii) the office in which the business of the officer is transacted; (iii) a prescribed place; and (f) “prescribed” means prescribed by rules made under this Act. **3. Marriage Officers.—For the purposes of this Act, the Central Government may, by notification in** the Official Gazette, appoint such of its diplomatic or consular officers as it may think fit to be Marriage Officers for any foreign country. _Explanation.—In this section, “diplomatic officer” means an ambassador, envoy, minister, high_ commissioner, commissioner, _charge d’ affairs or other diplomatic representative or a counsellor or_ secretary of an embassy, legation or high commission. CHAPER II SOLEMNIZATION OF FOREIGN MARRIAGES **4. Conditions relating to solemnization of foreign marriages.—A marriage between parties one of** whom at least is a citizen of India may be solemnized under this Act by or before a Marriage Officer in a foreign country, if, at the time of the marriage, the following conditions are fulfilled, namely:— (a) neither party has a spouse living, (b) neither party is an idiot or a lunatic, (c) the bridegroom has completed the age of twenty-one years and the bride the age of eighteen years at the time of the marriage, and (d) the parties are not within the degrees of prohibited relationship: 3 ----- Provided that where the personal law or 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. **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 First 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, and the notice shall state that the party has so resided. **6. Marriage Notice Book.—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. **7. Publication of notice.—Where a notice under section 5 is given to the Marriage Officer, he shall** cause it to be published— (a) in his own office, by affixing a copy thereof to a conspicuous place, and (b) in India and in the country or countries in which the parties are ordinarily resident, in the prescribed manner. **8. Objection to marriage.—(1) Any person may, before the expiration of thirty days from the date of** publication of the notice under section 7, object to the marriage on the ground that it would contravene one or more of the conditions specified in section 4. _Explanation.—Where the publication of the notice by affixation under clause (a) of section 7 and in_ the prescribed manner under clause (b) of that section is on different dates, the period of thirty days shall, for the purposes of this sub-section, be computed from the later date. (2) Every such objection shall be in writing signed by the person making it or by any person duly authorised to sign on his behalf, and shall state the ground of objection; and the Marriage Officer shall record the nature of the objection in his Marriage Notice Book. **9. Solemnization of marriage where no objection made.—If no objection is made within the period** specified in section 8 to an intended marriage, then, on the expiry of that period, the marriage may be solemnized. **10. Procedure on receipt of objection.—(1) If an objection is made under section 8 to an intended** marriage, the Marriage Officer shall not solemnize the marriage until he has inquired into the matter of the objection in such manner as he thinks fit and is satisfied that it ought not to prevent the solemnization of the Marriage or the objection is withdrawn by the person making it. (2) Where a Marriage Officer after making any such inquiry entertains a doubt in respect of any objection, he 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 further 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. Marriage not to be in contravention of local laws.—(1) The Marriage Officer may, for reasons** to be recorded in writing, refuse to solemnize a marriage under this Act if the intended marriage is prohibited by any law in force in the foreign country where it is to be solemnized. (2) The Marriage Officer may, for reasons to be recorded in writing, refuse to solemnize a marriage under this Act on the ground that in his opinion, the solemnization of the marriage would be inconsistent with international law or the comity of nations. 4 ----- (3) Where a Marriage Officer refuses to solemnize a marriage under this section, any party to the intended marriage may appeal to the Central Government in the prescribed manner within a period of thirty days from the date of such refusal; and the Marriage Officer shall act in conformity with the decision of the Central Government on such appeal. **12. 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 Second Schedule, and the declaration shall be countersigned by the Marriage Officer. **13. Place and form of solemnization.—(1) A marriage by or before a Marriage Officer under this** Act shall be solemnized at the official house of the Marriage Officer with open doors between the prescribed hours in the presence of at least three witnesses. (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 declares 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)”: Provided further that where the declaration referred to in the preceding proviso is made in any language which is not understood by the Marriage Officer or by any of the witnesses, either of the parties shall interpret or cause to be interpreted the declaration in a language which the Marriage Officer, or, as the case may be, such witness understands. **14. Certificate of marriage.—(1) Whenever a marriage is solemnized under this Act, the Marriage** Officer shall enter a certificate thereof in the form specified in the Third 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 residence of the party concerned previous to the marriage and the signatures of witnesses have been complied with. **15. Validity of foreign marriages in India.—Subject to the other provisions contained in this Act, a** marriage solemnized in the manner provided in this Act shall be good and valid in law. **16. New notice when marriage not solemnized within six months.—Whenever a marriage is not** solemnized within six months from the date on which notice thereof has been given to the Marriage Officer as required under section 5 or where the record of a case has been transmitted to the Central Government under section 10, or where an appeal has been preferred to the Central Government under section 11, within three months from the date of decision of the Central Government in such case or appeal, as the case may be, the notice and all other proceedings arising therefrom shall be deemed to have lapsed, and no Marriage Officer shall solemnize the marriage until new notice has been given in the manner laid down in this Act. CHAPTER III REGISTRATION OF FOREIGN MARRIAGES SOLEMNIZED UNDER OTHER LAWS **17. Registration of foreign marriages.—(1) Where—** (a) a Marriage Officer is satisfied that a marriage has been duly solemnized in a foreign country in accordance with the law of that country between parties of whom one at least was a citizen of India; and (b) a party to the marriage informs the Marriage Officer in writing that he or she desires the marriage to be registered under this section, 5 ----- the Marriage Officer may, upon payment of the prescribed fee, register the marriage. (2) No marriage shall be registered under the section unless at the time of registration it satisfies the conditions mentioned in section 4. (3) The Marriage Officer may, for reasons to be recorded in writing, refuse to register a marriage under this section on the ground that in his opinion the marriage is inconsistent with international law or the comity of nations. (4) Where a Marriage Officer refuses to register a marriage under this section the party applying for registration may appeal to the Central Government in the prescribed manner within a period of thirty days from the date of such refusal; and the Marriage Officer shall act in conformity with the decision of the Central Government on such appeal. (5) Registration of a marriage under this section shall be effected by the Marriage Officer by entering a certificate of the marriage in the prescribed form and in the prescribed manner in the Marriage Certificate Book, and such certificate shall be signed by the parties to the marriage and by three witnesses. (6) A marriage registered under this section shall, as from the date of registration, be deemed to have been solemnized under this Act. CHAPTER IV MATRIMONIAL RELIEF IN RESPECT OF FOREIGN MARRIAGES **18. Matrimonial reliefs to be under Special Marriage Act, 1954.—(1) Subject to the other** provisions contained in this section, the provisions of Chapters IV, V, VI and VII of the Special Marriage Act, 1954 (43 of 1954) shall apply in relation to marriages solemnized under this Act and to any other marriage solemnized in a foreign country between parties of whom one at least is a citizen of India as they apply in relation to marriages solemnized under that Act. _Explanation.—In its application to the marriages referred to in this sub-section, section 24 of the_ Special Marriage Act, 1954 (43 of 1954), shall be subject to the following modifications, namely:— (i) the reference in sub-section (1) thereof to clauses (a), (b), (c) and (d) of section 4 of that Act shall be construed as a reference to clauses (a), (b), (c) and (d) respectively of section 4 of this Act, and (ii) nothing contained in section 24 aforesaid shall apply to any marriage— (a) which is not solemnized under this Act; or (b) which is deemed to be solemnized under this Act by reason of the provisions contained in section 17: Provided that the registration of any such marriage as is referred to in sub-clause (b) may be declared to be of no effect if the registration was in contravention of sub-section (2) of section 17. (2) Every petition for relief under Chapter V or Chapter VI of the Special Marriage Act, 1954 (43 of 1954) as made applicable to the marriages referred to in sub-section (1) shall be presented to the district court within the local limits of whose ordinary civil jurisdiction— (a) the respondent is residing at the time of the presentation of the petition; or (b) the husband and wife last resided together; or (c) the petitioner is residing at the time of the presentation of the petition, provided that the respondent is at that time residing outside India. 6 ----- _Explanation.—In this section, “district court” has the same meaning as in the Special Marriage_ Act, 1954 (43 of 1954). (3) Nothing contained in this section shall authorise any court— (a) to make any decree of dissolution of marriage, except where— (i) the parties to the marriage are domiciled in India at the time of the presentation of the petition; or (ii) the petitioner, being the wife, was domiciled in India immediately before the marriage and has been residing in India for a period of not less than three years immediately preceding the presentation of the petition; (b) to make any decree annulling avoidable marriage, except where— (i) the parties to the marriage are domiciled in India at the time of the presentation of the petition; or (ii) the marriage was solemnized under this Act and the petitioner being the wife, has been ordinarily resident in India for a period of three years immediately preceding the presentation of the petition; (c) to make any decree of nullity of marriage in respect of a void marriage, except where— (i) either of the parties to the marriage is domiciled in India at the time of the presentation of the petition; or (ii) the marriage was solemnized under this Act and the petitioner is residing in India at the time of the presentation of the petition; (d) to grant any other relief under Chapter V or Chapter VI of the Special Marriage Act, 1954 (43 of 1954), except where the petitioner is residing in India at the time of the presentation of the petition. (4) Nothing contained in sub-section (1) shall authorise any court to grant any relief under this Act in relation to any marriage in a foreign country not solemnized under it, if the grant of relief in respect of such marriage (whether on any of the grounds specified in the Special Marriage Act, 1954 (43 of 1954), or otherwise) is provided for under any other law for the time being in force. CHAPTER V PENALTIES **19. Punishment for bigamy.—(1) Any person whose marriage is solemnized or deemed to have** been solemnized under this Act and who, during the subsistence of his marriage, contracts any other marriage in India shall be subject to the penalties provided in section 494 and section 495 of the Indian Penal Code (45 of 1860) and the marriage so contracted shall be void. (2) The provisions of sub-section (1) apply also to any such offence committed by any citizen of India without and beyond India. **20. Punishment for contravention of certain other conditions for marriage.—Any citizen of India** who procures a marriage of himself or herself be solemnized under this Act in contravention of the condition specified in clause (c) or clause (d) of section 4 shall be punishable— (a) in the case of a contravention of the condition specified in clause (c) of section 4, with simple imprisonment which may extend to fifteen days, or with the fine which may extend to one thousand rupees, or with both; and 7 ----- (b) in the case of a contravention of the condition specified in clause (d) of section 4, with simple imprisonment which may extend to one month, or with fine which may extend to one thousand rupees, or with both. **21. Punishment for false declaration.—If any citizen of India for the purpose of procuring a** marriage, intentionally— (a) where a declaration is required by this Act, makes a false declaration; or (b) where a notice or certificate is required by this Act, signs a false notice or certificate, he shall be punishable with imprisonment for a term which may extend to three years and shall also be liable to fine. **22. Punishment for wrongful action of Marriage Officer.—Any Marriage Officer who knowingly** and wilfully solemnizes a marriage under this Act in contravention of any of the provisions of this Act shall be punishable with simple imprisonment which may extend to one year, or with fine which may extend to five hundred rupees, or with both. CHAPTER VI MISCELLANEOUS **23. Recognition of marriages solemnized under law of other countries.—If the Central** Government is satisfied that the law in force in any foreign country for the solemnization of marriages contains provisions similar to those contained in this Act, it may, by notification in the Official Gazette, declare that marriages solemnized under the law in force in such foreign country shall be recognized by courts in India as valid. **24. Certification of documents of marriages solemnized in accordance with local law in a** **foreign country.—(1) Where—** (a) a marriage is solemnized in any foreign country specified in this behalf by the Central Government, by notification in the Official Gazette, in accordance with the law of that country between parties of whom one at least is a citizen of India; and (b) a party to the marriage who is such citizen produces to a Marriage Officer in the country in which the marriage was solemnized— (i) a copy of the entry in respect of the marriage in the marriage register of that country certified by the appropriate authority in that country to be a true copy of that entry; and (ii) if the copy of that entry is not in the English language, a translation into the prescribed language of that copy; and (c) the Marriage Officer is satisfied that the copy of the entry in the marriage register is a true copy and that the translation, if any, is a true translation; the Marriage Officer, upon the payment of the prescribed fee, shall certify upon the copy that he is satisfied that the copy is a true copy of the entry in the marriage register and upon the translation that he is satisfied that the translation is a true translation of the copy and shall issue the copy and the translation to the said party. (2) A document relating to a marriage in a foreign country issued under sub-section (1) shall be admitted in evidence in any proceedings as if it were a certificate duly issued by the appropriate authority of that country. **25. Certified copy of entries to be evidence.—Every certified copy purporting to be signed by the** Marriage Officer of an entry of a marriage in the Marriage Certificate Book shall be received in evidence without production or proof of the original. 8 ----- **26. 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 witnesses, correct the error by entry in the margin without any alteration of the original entry and add thereto the date of such correction. (2) Every correction made under this section shall be attested by the witnesses in whose presence it was made. **27. Act not to affect validity of marriages outside it.—Nothing in this Act shall in any way affect** the validity of a marriage solemnized in a foreign country otherwise than under this Act. **28. 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 duties and powers of Marriage Officers and their districts; (b) the manner in which a Marriage Officer may hold any inquiry under this Act; (c) the manner in which notices of marriage shall be published; (d) the places in which and the hours between which marriages under this Act may be solemnized; (e) the form and the manner in which any books required by or under this Act to be kept shall be maintained; (f) the form and manner in which certificates of marriages may be entered under sub-section (5) of section 17; (g) the fees that may be levied for the performance of any duty imposed upon a Marriage Officer under this Act; (h) the authorities to which, the form in which and the intervals within which copies of entries in the Marriage Certificate Book shall be sent, and, when corrections are made in the Marriage Certificate Book, the manner in which Certificates of such corrections shall be sent to the authorities; (i) the inspection of any books required to be kept under this Act and the furnishing of certified copies of entries therein; (j) the manner in which and the conditions subject to which any marriage may be recognised under section 23; (k) any other matter which may be, or requires to 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 [1][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 20 of 1983, s. 2 and the schedule., for certain words (w.e.f. 15-3-1984). 9 ----- **29. Amendment of Act 43 of 1954.—In the Special Marriage Act, 1954,—** (a) in section 1, in sub-section (2), for the words “outside the said territories”, the words “in the State of Jammu and Kashmir*” shall be substituted; (b) in section 2, clauses (a) and (c) shall be omitted; (c) in section 3, for sub-section (2), the following sub-section shall be substituted, namely:— “(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.”; (d) in section 4, for clause (e), the following clause shall be substituted, namely:— “(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.”; (e) in section 10, for the words “outside the territories to which this Act extends in respect of an intended marriage outside and said territories”, the words “in the State of Jammu and Kashmir* in respect of an intended marriage in the State” shall be substituted; (f) in section 50, in sub-section (1), the words “Diplomatic and consular officers and other” shall be omitted. **30. Repeal.—The Indian Foreign Marriage Act, 1903 (14 of 1903), is hereby repealed.** *. 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. 10 ----- THE FIRST SCHEDULE (See section 5) FORM OF NOTICE OF INTENDED MARRIAGE To The Marriage Officer, for ...………………. We hereby give you notice that a marriage under the Foreign Marriage Act, 1969 is intended to be solemnized between us within three months from the date hereof. Name and father’s name A.B. Unmarried _Widower_ _Divorcee_ C.D. Unmarried _Widow_ _Divorcee_ Condition Occupation Date of birth Dwelling place Permanent dwelling place and present dwelling place if not permanent Length of residence in the present dwelling place Sd. A.B. Sd. C.D. Witness our hands, this ……………… day of ………………….. 19...................................... 11 ----- THE SECOND SCHEDULE (See section 12) 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 a citizen of ....………………………… (to be filled up) 5. I am aware that, if any statement in this declaration is false, 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 widower, 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 a citizen of............................................... (to be filled up) 5. I am aware that, if any statement in this declaration is false, 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. Sd. K.L. Three witnesses. (Countersigned) E.F. Marriage Officer Dated the ……………………....... day of …………………………..... 19………………….. 12 ----- THE THIRD SCHEDULE (See section 14) FORM OF CERTIFICATE OF MARRIAGE I, E.F., hereby certify that on the ……………………… day of …………… 19................... A.B. and C.D ………………….*appeared before me and that the declaration required by section…………………………… of the Foreign Marriage Act, 1969, was duly made, and that a marriage under that Act was solemnized between them in my presence and in the presence of three witnesses who have signed hereunder. Sd. E.F. Marriage Officer, Sd. A.B. (bridegroom) Sd. CD. (bride) Sd. G.H. Sd. I.J. Three witnesses. Sd. K.L. Dated the ….…..................... day of …………..…. 19............................ ________________________________________________________________________________ *Herein give particulars of the parties. To be entered. 13 -----

26-Dec-1969

43

The Khuda Bakhsh Oriental Public Library Act, 1969

https://www.indiacode.nic.in/bitstream/123456789/1731/1/196943.pdf

central

# THE KHUDA BAKHSH ORIENTAL PUBLIC LIBRARY ACT, 1969 _________ ARRANGEMENT OF SECTIONS _________ CHAPTER I PRELIMINARY SECTIONS 1. Short title and commencement. 2. Declaration of Khuda Bakhsh Oriental Public Library as an institution of national importance. 3. Definitions. CHAPTER II THE KHUDA BAKHSH ORIENTAL PUBLIC LIBRARY BOARD 4. Establishment and incorporation of Board. 5. Composition of Board. 6. Term of office and fresh nomination in certain cases. 7. Vacancies, etc., not to invalidate acts 8. Duty of Government nominating persons, etc. 9. Meetings of Board. 10. Temporary association of persons with Board for particular purposes. 11. Authentication of orders and other instruments of Board. 12. Staff of Board. 13. Transfer of service of existing employees to Board. 14. Location of library. CHAPTER III PROPERTY, LIABILITIES AND FUNCTIONS OF THE BOARD 15. Property and liabilities of Board. 16. Duties of Board. 17. Powers of Board. CHAPTER IV FINANCE, ACCOUNTS, AUDIT AND REPORTS 18. Grants by Central Government to Board. 19. Fund of Board. 20. Budget. 21. Accounts and audit. 22. Returns and reports. CHAPTER V MISCELLANEOUS 23. Power of Central Government to issue directions to Board. 24. Delegation of powers and duties. 25. Officers and employees of Board to be public servants. 26. Protection of action taken under the Act. 27. Power of Central Government to make rules. 28. Power of Board to make regulations. 1 ----- # THE KHUDA BAKHSH ORIENTAL PUBLIC LIBRARY ACT, 1969 ACT NO. 43 OF 1969 [26th December, 1969.] # An Act to declare the Khuda Bakhsh Oriental Public Library at Patna to be an institution of national importance and to provide for its administration and certain other connected matters. BE it enacted by Parliament in the Twentieth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title and commencement.—(1) This Act may be called the Khuda Bakhsh Oriental Public** Library Act, 1969. (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 Khuda Bakhsh Oriental Public Library as an institution of national** **importance.—It is hereby declared that the Khuda Bakhsh Oriental Public Library at Patna in the State of** Bihar is an institution of national importance. **3. Definitions.—In this Act, unless the context otherwise requires,—** (a) “Board” means the Board established under section 4; (b) “Chairman” means the Chairman of the Board; (c) “deed of trust” means the deed of trust No. 217 executed in the office of the Deputy Registrar of Patna by the late Maulvi Khuda Bakhsh Khan Bahadur of Muradpur on the 14th January, 1891; (d) “Fund” means the Fund referred to in section 19; (e) “library” means the Khuda Bakhsh Oriental Public Library declared to be an institution of national importance under this Act; (f) “member” means a member of the Board and includes the Chairman; (g) “prescribed” means prescribed by rules made under this Act; (h) “State Government” means the Government of Bihar. CHAPTER II THE KHUDA BAKHSH ORIENTAL PUBLIC LIBRARY BOARD **4. Establishment and incorporation of Board.—(1) With effect from such date as the Central** Government may, by notification in the Official Gazette, appoint, there shall be established for the purposes of this Act, a Board to be known as the Khuda Bakhsh Oriental Public Library Board. (2) The Board shall be a body corporate with the name aforesaid, having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property and contract, and may, by that name, sue and be sued. **5. Composition of Board.—(1) The Board shall consist of the following persons, namely:—** (a) the Governor of Bihar, ex officio, Chairman; (b) the Accountant General, Bihar, ex officio; (c) a person to be nominated by the Central Government, who shall be a member of the family of the late Maulvi Khuda Bakhsh Khan Bahadur of Muradpur; 1. 21st July, 1970, _vide notification No. G.S.R. 1255(E), dated 17th July, 1970,_ _see Gazette of India, Extraordinary, Part II,_ sec. 3(i). 2 ----- (d) eight persons, four each to be nominated by the Central Government and the State Government, who shall, as far as possible, be persons having knowledge of, and experience in, matters relating to the administration of libraries; (e) the Director, Khuda Bakhsh Oriental Public Library, ex officio Member-Secretary. (2) Every nomination under this section shall take effect as soon as it is notified by the Central Government in the Official Gazette. **6. Term of office and fresh nomination in certain cases.—(1) The terms of office of nominated** members shall be such as may be prescribed. (2) Any nominated member may resign his office by giving notice in writing to the Central Government and to the State Government, and on such resignation being notified by the Central Government, in the Official Gazette shall be deemed to have vacated his office. (3) A casual vacancy created by the resignation of a nominated member under sub-section (2) or for any other reason may be filled by fresh nomination by the Central Government or the State Government, as the case may be, and a member so nominated shall hold office for the remaining period for which the member in whose place he is nominated would have held office. (4) An outgoing member shall be eligible for renomination. (5) If any nominated 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 office, the Central Government or the State Government, as the case may be, may nominate another person to act in his place during his absence. **7. Vacancies, etc., not to invalidate acts.—No act of the Board shall be invalid merely by reason** of— (a) any vacancy in, or defect in the constitution of, the Board, or (b) any defect in the nomination of a person acting as a member thereof, or (c) any irregularity in its procedure not affecting the merits of the case. **8. Duty of Government nominating persons, etc.—(1) Before nominating a person to be a member** of the Board, the Central Government or the State Government, as the case may be, shall satisfy itself that the person will have no such financial or other interest as is likely to affect prejudicially the exercise or performance by him of his functions as a member, and the Central Government or the State Government, as the case may be, shall also satisfy itself from time to time with respect to every member nominated by it that he has no such interest; and any person who is or whom the Central Government or the State Government, as the case may be, proposes to nominate and who has consented to be, a member shall, whenever requested by the Central Government or the State Government so to do, furnish to it such information as that Government considers necessary for the performance by it of its duties under this sub-section. (2) A nominated member who is in any way, directly or indirectly, interested in a contract made or proposed to be made, by the Board shall, as soon as possible, after relevant circumstances have come to his knowledge, disclose the nature of his interest at a meeting of the Board and the disclosure shall be recorded in the minutes of the Board and the member shall not take any part after the disclosure in any deliberation or decision of the Board with respect to that contract. **9. Meetings of Board.—(1) The Board shall meet at such times and places and shall, subject to the** provisions of sub-sections (2), (3) and (4), observe such rules of procedure in regard to the transaction of business at its meetings (including the quorum at meetings) as may be provided by regulations made under this Act. (2) The Chairman or, in his absence, any member chosen by the members present from among themselves, shall preside at a meeting of the Board. 3 ----- (3) If any nominated member, being an officer of Government, is unable to attend any meeting of the Board, he may, with the previous approval of the Chairman, authorise any person in writing to do so. (4) All questions at a meeting of the Board shall be decided by a majority of the votes of the members present and voting and in the case of an equality of votes, the Chairman or, in his absence the member presiding, shall have a second or casting vote. **10. 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 provided 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 it by the Board under sub-section (1) for any purpose shall have the right to take part in the discussions of the Board relating to that purpose, but shall not, by virtue of this section, be entitled to vote. **11. Authentication of orders and other instruments of Board.—All orders and decisions of the** Board shall be authenticated by the signature of the Chairman or any other member authorised by the Board in this behalf, and all other instruments issued by the Board shall be authenticated by the signature of an officer of the Board authorised in like manner in this behalf. **12. Staff of Board.—(1) Subject to the provisions of sub-section (2), the Board may, for the purpose** of enabling it efficiently to perform its functions under this Act, appoint such number of officers and other employees as it may think fit. (2) The recruitment and conditions of service of such officers and employees shall be such as may be provided by regulations made under this Act. **13. Transfer of service of existing employees to Board.—Subject to the provisions of this Act,** every person employed in the library immediately before the date of establishment of the Board shall, on and from such date, become an employee of the Board with such designation as the Board may determine and shall hold his office or service therein by the same tenure, at the same remuneration and upon the same terms and conditions as he would have held the same on such date if the Board had not been established and shall continue to do so unless and until his employment in the Board is terminated or until such tenure, remuneration and terms and conditions are duly altered by the Board: 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. **14. Location of library.—The library shall be located at Patna.** CHAPTER III PROPERTY, LIABILITIES AND FUNCTIONS OF THE BOARD **15. Property and liabilities of Board.—(1) On the establishment of the Board—** (i) all properties, funds and dues which are vested in, or realisable by, the trustees of the library constituted by the deed of trust, in their capacity as such, shall vest in, and be realisable by; the Board; and (ii) all liabilities in relation to the library which are enforceable against the said trustees, shall be enforceable only against the Board. (2) All properties, which may, after the establishment of the Board, be given, bequeathed or otherwise transferred to the library or acquired by the Board, shall vest in the Board. **16. Duties of Board.—(1) Subject to the provisions of the deed of trust, it shall be the general duty of** the Board to manage the library and to plan, promote, organise and implement programmes for the development of the library on modern scientific lines (including the microfilming of rare manuscripts) and to perform such other functions as the Central Government may, from time to time, assign to the Board. 4 ----- (2) In particular and without prejudice to the generality of the foregoing provision, the Board may take such steps as it thinks fit— (a) for providing for instruction and research in matters relating to libraries and for the advancement of learning and dissemination of knowledge in such matters; and (b) to do all such other things as may be necessary for the discharge of its functions under this Act. **17. Powers of Board.—(1) Subject to such conditions and restrictions as the Central Government** may think fit to impose, the Board may exercise all such powers as may be necessary or expedient for the purpose of carrying out its duties under this Act. (2) Subject to such regulations as may be made by the Board in this behalf, the Board may from time to time purchase or otherwise acquire such manuscripts, books, articles or things as may, in the opinion of the Board, be worthy of preservation in the library. CHAPTER IV FINANCE, ACCOUNTS, AUDIT AND REPORTS **18. Grants by Central Government to Board.—For the purpose of enabling the Board to discharge** its functions efficiently under this Act, the Central Government may, after due appropriation made by Parliament by law in this behalf, pay to the Board in each financial year such sums of money as that Government considers necessary by way of grant, loan or otherwise. **19. Fund of Board.—(1) The Board shall maintain a Fund to which shall be credited—** (a) all moneys paid by the Central Government; (b) such sums of money as the State Government may pay annually having regard to its resolution No. V/L 4055/60E 120, dated the 26th September, 1962; (c) all fees and other charges levied under this Act; (d) all moneys received by the Board by way of grant, gift, donation, benefaction, bequest, subscription, contribution or transfer; (e) all other moneys received by the Board in any other manner or from any other source. (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. (3) A sum of money not exceeding such amount as may be provided by regulations made under this Act may be kept in current account with any scheduled bank as defined in section 2 of the Reserve Bank of India Act, 1934 (2 of 1934), or any other bank approved by the Central Government in this behalf, but any moneys in excess of that sum shall be deposited in the Reserve Bank of India or with the agents of the Reserve Bank of India or invested in such manner as may be approved by the Central Government. **20. Budget.—(1) The Board shall, by such date in each year as may be specified by the Central** Government, submit to it for approval a budget for the next financial year in the form specified by it, showing the estimated receipts and expenditure, and the sums which would be required from the Central Government during that financial year. (2) If any sum granted by the Central Government remains wholly or partly unspent in any financial year, the unspent sum may be carried forward to the next financial year and taken into account in determining the sum to be provided by the Central Government for that year. (3) Subject to the provisions of sub-section (4), no sum shall be expended by or on behalf of the Board, unless the expenditure is covered by provision in the budget approved by the Central Government. (4) Subject to such conditions and restrictions as the Central Government may think fit to impose, the Board may sanction any reappropriation from one head of expenditure to another or from a provision made for one purpose to that for another purpose. 5 ----- **21. Accounts and audit.—(1) The Board shall maintain proper accounts and other relevant records** and prepare an annual statement of accounts including the balance-sheet in such form as may be specified, and in accordance with such general directions as may be issued by the Central Government in consultation with the Comptroller and Auditor-General of India. (2) The accounts of the 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 Board 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 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 the office of the Board, and the library. (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. **22. Returns and reports.—(1) The Board shall furnish to the Central Government at such time and** in such form and in such manner as the Central Government may direct such returns, statements and particulars as the Central Government may, from time to time, require. (2) Without prejudice to the provisions of sub-section (1) the Board shall, as soon as possible after the commencement of each financial year, submit to the Central Government within such time as may be specified by the Central Government a report giving true and full account of the activities of the Board during the previous financial year and an account of activities likely to be undertaken during the current financial year. CHAPTER V MISCELLANEOUS **23. Power of Central Government to issue directions to Board.—(1) In the discharge of its** functions under this Act, the Board shall be bound by such directions on questions of policy as the Central Government may give to it from time to time: Provided that the Board shall be given an opportunity to express its views before any direction is given under this sub-section. (2) The decision of the Central Government whether a question is one of policy or not shall be final. **24. Delegation of powers and duties.—The Board may, by general or special order in writing, direct** that all or any of the powers or duties which may be exercised or discharged by it shall, in such circumstances and under such conditions, if any, as may be specified in the order, be exercised or discharged also by any member, officer or employee of the Board specified in this behalf in the order. **25. Officers and employees of Board to be public servants.—All officers and employees of the** Board shall, when acting or purporting to act in pursuance of the provisions of this Act or of any rule or regulation made thereunder, 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 under the Act.—No suit, prosecution or other legal proceeding shall** lie against the Board or any member, officer or employee of the Board for any thing which is in good faith done or intended to be done in pursuance of this Act or of any rule or regulation made thereunder. **27. Power of Central Government 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: Provided that when the Board has been established, no such rules shall be made without consulting the Board. 6 ----- (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 of, and the manner of filling casual vacancies among, the members nominated under clauses (c) and (d) of sub-section (1) of section 5; (b) the travelling and other allowances payable to a member other than the Chairman and to a person associated with the Board under section 10; (c) the disqualifications for membership of the Board and the procedure to be followed in removing a member who is or becomes subject to any disqualification; (d) the conditions subject to which, and the mode in which, contracts may be entered into by or on behalf of the Board; (e) any other matter which has 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 [1][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. **28. Power of Board to make regulations.—(1) The Board may, with the previous approval 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 conditions and restrictions subject to which manuscripts and books in the library may be used; (b) the manner in which, and the purposes for which, persons may be associated with the Board; (c) the time and place of meetings of the Board, the procedure to be followed in regard to the transaction of business at such meetings and the quorum necessary for the transaction of business at a meeting; (d) the maintenance of minutes of meetings of the Board and the transmission of copies thereof to the Central Government; (e) the recruitment and conditions of service of officers and other employees of the Board; (f) the persons by whom and the manner in which, payments, deposits and investments may be made on behalf of the Board; _(g) the maximum amount that may be kept in the current account;_ (h) the maintenance of registers and accounts; (i) the compilation of catalogues and inventories of the manuscripts, books and other articles and things in the library; (j) the steps to be taken for the preservation of the manuscripts, books and other articles and things in the library; (k) the general management of the library; (l) the fees and other charges to be levied for the use of manuscripts and books in the library; 1. Subs. by Act 51 of 1981, s. 2, for certain words (w.e.f. 24-12-1981). 7 ----- (m) any other matter in respect of which provision is, in the opinion of the Board, necessary for the performance of its functions under this Act. (3) The Central Government may, after consultation with the Board, by notification in the Official Gazette, amend, vary or rescind any regulation which it has approved; and thereupon the regulation shall have effect accordingly, but without prejudice to the exercise of the powers of the Board under sub-sections (1) and (2). 1[(4) 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 51 of 1981, s. 3 (w.e.f. 24-12-1981). 8 -----

26-Dec-1969

42

The Bihar Land Reforms Laws (Regulating Mines and Minerals) Validation Act, 1969.

https://www.indiacode.nic.in/bitstream/123456789/19239/1/a1969-42.pdf

central

# THE BIHAR LAND REFORMS LAWS (REGULATING MINES AND MINERALS) VALIDATION ACT, 1969 ____________ ARRANGEMENT OF SECTION _______ SECTIONS 1. Short title. # 2. Validation of certain Bihar State laws and action taken and things done connected therewith. THE SCHEDULE. 1 ----- # THE BIHAR LAND REFORMS LAWS (REGULATING MINES AND MINERALS) VALIDATION ACT, 1969 ACT NO. 42 OF 1969 [26th December, 1969.] # An Act to validate certain provisions contained in the Bihar Land Reforms Act, 1950, and the Bihar Minor Mineral Concession Rules, 1964, and action taken and things done in connection therewith. BE it enacted by Parliament in the Twentieth Year of the Republic of India as follows:— **1. Short title.—This Act may be called the Bihar Land Reforms Laws (Regulating Mines and Minerals)** Validation Act, 1969. **2. Validation of certain Bihar State laws and action taken and things done connected therewith.—** (1) The laws specified in the Schedule shall be, and shall be deemed always to have been, as valid as if the provisions contained therein had been enacted by Parliament. (2) Notwithstanding any judgment, decree or order of any court, all action taken, things done, rules made, notifications issued or purported to have been taken, done, made or issued and rents or royalties realised under any such laws shall be deemed to have been validly taken, done, made, issued or realised, as the case may be, as if this section had been in force at all material times when such action was taken, things, were done, rules were made, notifications were issued, or rents or royalties were realised, and no suit or other proceeding shall be maintained or continued in any court for the refund of rents or royalties realised under any such laws. (3) For the removal of doubts, it is hereby declared that nothing in sub-section (2) shall be construed as preventing any person from claiming refund of any rents or royalties paid by him in excess of the amount due from him under any such laws. 2 ----- THE SCHEDULE (See section 2) 1. Section 10 of the Bihar Land Reforms Act, 1950 (Bihar Act XXX of 1950), as amended by the Bihar Land Reforms (Amendment) Act, 1964 (Bihar Act IV of 1965) and by the Bihar Land Reforms (Amendment) Act, 1965 (Bihar Act VI of 1965). 2. Section 10-A of the Bihar Land Reforms Act, 1950 (Bihar Act XXX of 1950), as inserted by the Bihar Land Reforms (Amendment) Act, 1964 (Bihar Act IV of 1965). 3. Section 31 of the Bihar Land Reforms Act, 1950 (Bihar Act XXX of 1950), as amended by the Bihar Land Reforms (Amendment) Act, 1964 (Bihar Act IV of 1965) and by the Bihar Land Reforms (Amendment) Act, 1965 (Bihar Act VI of 1965). 4. Sub-rule (2) of Rule 20 of the Bihar Minor Mineral Concession Rules, 1964, as inserted by the Bihar Minor Mineral Concession (First Amendment) Rules, 1964, published under the Bihar State Government notification No. A/MM-1099/64(Pt.) 7700/M, dated the 19th December, 1964, in the Gazette of Bihar (Pt. II) dated the 30th December, 1964. 3 -----

26-Dec-1969

44

The Oaths Act, 1969

https://www.indiacode.nic.in/bitstream/123456789/1643/1/196944.pdf

central

# THE OATHS ACT, 1969 ________ ARRANGEMENT OF SECTIONS _________ SECTIONS 1. Short title and extent. 2. Saving of certain oaths and affirmations. 3. Power to administer oaths. 4. Oaths or affirmations to be made by witnesses, interpreter and jurors. 5. Affirmation by persons desiring to affirm. 6. Forms of oaths and affirmations. 7. Proceedings and evidence not invalidated by omission of oath or irregularity. 8. Persons giving evidence bound to state the truth. 9. Repeal and saving. THE SCHEDULE. ----- # THE OATHS ACT, 1969 ACT NO. 44 OF 1969 [26th December, 1969.] # An Act to consolidate and amend the law relating to judicial oaths and for certain other purposes. BE it enacted by Parliament in the Twentieth Year of the Republic of India as follows:— **1. Short title and extent.—(1) This Act may be called the Oaths Act, 1969.** (2) It extends to the whole of India [1]***. **2. Saving of certain oaths and affirmations.—Nothing in this Act shall apply to proceedings before** courts martial or to oaths, affirmations or declarations prescribed by the Central Government with respect to members of the Armed Forces of the Union. **3. Power to administer oaths.—(1) The following courts and persons shall have power to** administer, by themselves or, subject to the provisions of sub-section(2) of section 6, by an officer empowered by them in this behalf, oaths and affirmations in discharge of the duties imposed or in exercise of the powers conferred upon them by law, namely:— (a) all courts and persons having by law or consent of parties authority to receive evidence; (b) the commanding officer of any military, naval, or air force station or ship occupied by the Armed Forces of the Union, provided that the oath or affirmation is administered within the limits of the station. (2) Without prejudice to the powers conferred by sub-section (1) or by or under any other law for the time being in force, any court, Judge, Magistrate or person may administer oaths and affirmations for the purpose of affidavits, if empowered in this behalf— (a) by the High Court, in respect of affidavits for the purpose of judicial proceedings; or (b) by the State Government, in respect of other affidavits. **4. Oaths or affirmations to be made by witnesses, interpreter and jurors.—(1) Oaths or** affirmations shall be made by the following persons, namely:— (a) all witnesses, that is to say, all persons who may lawfully be examined, or give, or be required to give, evidence by or before any court or person having by law or consent of parties authority to examine such persons or to receive evidence; (b) interpreters of questions put to, and evidence given by, witnesses; and (c) jurors: Provided that where the witness is a child under twelve years of age, and the court or person having authority to examine such witness 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, the foregoing provisions of this section and the provisions of section 5 shall not apply to such witness; but in any such case the absence of an oath or affirmation shall not render inadmissible any evidence given by such witness nor affect the obligation of the witness to state the truth. (2) Nothing in this section shall render it lawful to administer, in a criminal proceeding, an oath or affirmation to the accused person, unless he is examined as a witness for the defence, or necessary to administer to the official interpreter of any court, after he has entered on the execution of the duties of his office, an oath or affirmation that he will faithfully discharge those duties. **5. Affirmation by persons desiring to affirm.—A witness, interpreter or juror may, instead of** making an oath, make an affirmation. 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. 31-10-2019). ----- **6. Forms of oaths and affirmations.—(1) All oaths and affirmations made under section 4 shall be** administered according to such one of the forms given in the Schedule as may be appropriate to the circumstances of the case: Provided that if a witness in any judicial proceeding desires to give evidence on oath or solemn affirmation in any form common amongst, or held binding by, persons of the class to which he belongs, and not repugnant to justice or decency, and not purporting to affect any third person, the court may, if it thinks fit, notwithstanding anything hereinbefore contained, allow him to give evidence on such oath or affirmation. (2) All such oaths and affirmations shall, in the case of all courts other than the Supreme Court and the High Courts, be administered by the presiding officer of the court himself, or, in the case of a Bench of Judges or Magistrates, by any one of the Judges or Magistrates, as the case may be. **7. Proceedings and evidence not invalidated by omission of oath or irregularity.—No omission** to take any oath or make any affirmation, no substitution of any one for any other of them, and no irregularity whatever in the administration of any oath or affirmation or in the form in which it is administered, shall invalidate any proceeding or render inadmissible any evidence whatever, in or in respect of which such omission, substitution or irregularity took place, or shall affect the obligation of a witness to state the truth. **8. Persons giving evidence bound to state the truth.—Every person giving evidence on any subject** before any court or person hereby authorised to administer oaths and affirmations shall be bound to state the truth on such subject. **9. Repeal and saving.—(1) The Indian Oaths Act, 1873 (10 of 1873), is hereby repealed.** (2) Where, in any proceeding pending at the commencement of this Act, the parties have agreed to be bound by any such oath or affirmation as is specified in section 8 of the said Act, then, notwithstanding the repeal of the said Act, the provisions of sections 9 to 12 of the said Act shall continue to apply in relation to such agreement as if this Act had not been passed. ----- THE SCHEDULE (See section 6) FORMS OF OATHS OR AFFIRMATIONS Form No. 1 (Witnesses):— I do [swear in the name of God] that what I shall state shall be the truth, the whole truth and solemnly affirm nothing but the truth. Form No. 2 (Jurors):— I do[swear in the name of God] that I will well and truly try and true deliverance make between the solemnly affirm State and the prisoner (s) at the bar, whom I shall have in charge, and a true verdict give according to the evidence. Form No. 3 (Interpreters):— I do [swear in the name of God] that I will well and truly interpret and explain all questions put to solemnly affirm and evidence given by witnesses and translate correctly and accurately all documents given to me for translation. Form No. 4 (Affidavits):— I do[swear in the name of God] that this is my name and signature (or mark) and that the solemnly affirm contents of this my affidavit are true. -----

29-Dec-1969

55

The Assam Reorganisation (Meghalaya) Act, 1969

https://www.indiacode.nic.in/bitstream/123456789/1716/1/196955.pdf

central

# THE ASSAM REORGANISATION (MEGHALAYA) ACT, 1969 ________ ARRANGEMENT OF SECTIONS _________ SECTIONS 1. Short title and commencement. 2. Definitions. PART I PRELIMINARY PART II FORMATION OF THE AUTONOMOUS STATE OF MEGHALAYA 3. Formation of Meghalaya. 4. Executive power of Meghalaya. 5. Extent of executive power of Meghalaya. 6. Council of Ministers. 7. Other provisions as to Ministers. 8. Advocate-General for Meghalaya. 9. Conduct of business. 10. Duties of Chief Minister as respects the furnishing of information to Governor, etc. PART III THE LEGISLATURE _General_ 11. Constitution of the Legislature of Meghalaya. 12. Delimitation of constituencies. 13. Power of Election Commission to maintain delimitation orders up-to-date. 14. Electors and electoral rolls. 15. Right to vote. 16. Qualification for membership. 17. Election to the Legislative Assembly. 18. Duration of Legislative Assembly. 19. Sessions of Legislative Assembly, prorogation and dissolution. 20. Right of Governor to address and send messages to Legislative Assembly. 21. Special address by the Governor. 22. Rights of Ministers as respects Legislative Assembly. 23. Speaker and Deputy Speaker of Legislative Assembly. 24. Speaker and Deputy Speaker not to preside while a resolution for his removal from office is under consideration. 25. Secretariat of Legislative Assembly. _Conduct of business_ 26. Oath or affirmation by members. 27. Voting in Assembly, power of Assembly to act notwithstanding vacancies and quorum. 1 ----- _Disqualifications of members_ SECTIONS 28. Vacation of seats. 29. Disqualifications for membership. 30. Penalty for sitting and voting before making an oath or affirmation or when not qualified or when disqualified. 31. Powers, privileges, etc., of members. 32. Salaries and allowances of members. _Legislative powers and procedure_ 33. Extent of Legislative power. 34. Exemption from taxation of properties of the Union and the State of Assam and of certain vehicles registered in Assam or Meghalaya. 35. Inconsistency between laws made by Parliament and laws made by the Legislature of Meghalaya. 36. Inconsistency between laws made by the Legislature of the State of Assam and laws made by the Legislature of Meghalaya. 37. Special provisions as to financial Bills. 38. Procedure as to lapsing of Bills. 39. Assent to Bills. 40. Bills reserved for consideration. 41. Requirements as to sanction and recommendation to be regarded as matters of procedure only. _Procedure in financial matters_ 42. Annual Financial Statement. 43. Procedure in Legislative Assembly with respect to estimates. 44. Appropriation Bills. 45. Supplementary, additional or excess grants. 46. Votes on Account and exceptional grant. _Procedure generally_ 47. Rules of procedure. 48. Restrictions on discussion in the Legislative Assembly. 49. Courts not to enquire into the proceedings of Legislative Assembly. _Legislative power of the Governor_ 50. Power of Governor to promulgate Ordinances during recess of Legislative Assembly. PART IV FINANCIAL PROVISIONS 51. Consolidated Fund. 52. Contingency Fund. 53. Custody of suitors’ deposits and other moneys received by public servants and courts. 54. Custody, etc., of Consolidated Fund, Contingency Fund and moneys credited to the public account. 55. Certain taxes levied by Assam to be appropriated by Meghalaya. 56. Distribution of revenues. 57. Authorisation of expenditure pending its sanction by Legislative Assembly. 2 ----- PART V ASSETS AND LIABILITIES SECTIONS 58. Apportionment of assets and liabilities. PART VI ADMINISTRATIVE RELATIONS 59. Obligation of Meghalaya, the State of Assam and the Union. 60. Control over the autonomous State in certain cases. 61. Entrustment of functions. PART VII TRANSITIONAL PROVISIONS 62. Provisions as to Provisional Legislative Assembly. PART VIII MISCELLANEOUS PROVISIONS 63. Special Committee for development of Shillong. 64. Provisions as to continuance of courts. 65. Provisions relating to services. 66. Continuance of existing laws and their adaptations. 67. Autonomous State to be a State for certain purposes of the Constitution. 68. Power of Governments of Assam and Meghalaya to carry on trade, etc., in Meghalaya. 69. Power to suspend provisions of this Act in case of failure of constitutional machinery. 70. Construction of reference to ―State‖ and ―State Government‖ in other laws in relation to Meghalaya. 71. Power to construe laws. 72. Effect of provisions of Act inconsistent with other laws. 73. Power to remove difficulties. 74. Amendment of the Sixth Schedule. 75. Amendment of Act 2 of 1934. 76. Amendment of Act 37 of 1956. 77. Power to make rules. THE FIRST SCHEDULE. THE SECOND SCHEDULE. THE THIRD SCHEDULE. THE FOURTH SCHEDULE. 3 ----- # THE ASSAM REORGANISATION (MEGHALAYA) ACT, 1969 # ACT NO. 55 OF 1969 [29th December, 1969.] # An Act to provide for the formation within the State of Assam of an autonomous State to be known as Meghalaya and for matters connected therewith. BE it enacted by Parliament in the Twentieth Year of the Republic of India as follows:— PART I PRELIMINARY **1. Short title and commencement.—(1) This Act may be called the Assam Reorganisation** (Meghalaya) Act, 1969. (2) It shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette, appoint: Provided that different dates may be appointed for different provisions of this Act. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) ―appointed day‖ means such date as the Central Government may, by notification in the Official Gazette, appoint for the formation of the autonomous State; (b) ―article‖ means an article of the Constitution; (c) ―autonomous State‖ means the autonomous State of Meghalaya formed under section 3; (d) ―constituency‖ means a territorial constituency provided by order made under section 12 for the purpose of election to the Legislative Assembly; (e) ―Election Commission‖ means the Election Commission appointed by the President under article 324; (f) ―Governor‖ means the Governor of Assam exercising his functions as Governor in relation to Meghalaya by virtue of this Act; (g) ―law‖ includes any enactment, Ordinance, regulation, order, bye-law, rule, scheme, notification or other instrument, having immediately before the appointed day, the force of law in the whole or in any part of the autonomous State; (h) ―Legislative Assembly‖ means the Legislative Assembly of Meghalaya; (i) ―Meghalaya‖ means the autonomous State referred to in section 3; (j) ―member‖ means a member of the Legislative Assembly; (k) ―Official Gazette‖ means the Official Gazette of Meghayala or the Gazette of India; and (l) ―prescribed‖ means prescribed by rules made under this Act. 1. 12th January, 1970, vide notification No. G.S.R. 74, 12th January, 1970, in respect of sections 2 and 3, see Gazette of India, Extraordinary, Part II, sec. 3(i). 30th January, 1970, vide notification No. G.S.R. 182, dated 30th January, 1970, in respect of sections 11, 12, 13, 16, 17, 28, 29, 62, 73 and 77, see Gazette of India, Extraordinary, Part II, sec. 3(i). 25th February, 1970, vide notification No. G.S.R. 310, dated 25th February, in respect of sections 11, 12, 13, 16, 17, 28, 29, 62, 73 and 77 1970, see Gazette of India, Extraordinary, Part II, sec. 3(i). 2nd April, 1970, vide notification No. G.S.R. 493, dated 2th March, 1970, in respect of the provisions (other than those which have already been brought into force), see Gazette of India, Extraordinary, Part II, sec. 3(i). 4 ----- PART II FORMATION OF THE AUTONOMOUS STATE OF MEGHALAYA **3. Formation of Meghalaya.—(1) On and from the appointed day, there shall be formed within the** State of Assam an autonomous State to be known as Meghalaya which shall, subject to the provisions of sub-section (2), comprise the following tribal areas, namely:— (i) The United Khasi Jaintia Hills District as described in sub-paragraph (2) of paragraph 20 of the Sixth Schedule to the Constitution (exclusive of the proviso thereto) but excluding the areas transferred to the Mikir Hills autonomous district by the notification of the Government of Assam No. TAD/R/31/50/149 dated the 13th April, 1951, and (ii) the Garo Hills District specified in Part A of the table appended to paragraph 20 aforesaid. (2) If, before such date as the Central Government may, by notification in the Official Gazette, fix for the purpose not being a date later than the appointed day, the District Council for the autonomous district of the North Cachar Hills or the Mikir Hills or both, as the case may be, has or have by resolution passed by a majority of not less than two-thirds of the members thereof, expressed a desire that the said autonomous district or districts shall form part of Meghalaya, the President may, by order, make a declaration to that effect and accordingly, on and from the appointed day, the North Cachar Hills District or the Mikir Hills District or both, as the case may be, shall also form part of Meghalaya. **4. Executive power of Meghalaya.—(1) The executive power of Meghalaya shall be vested in the** Governor and shall be exercised by him either directly or through officers subordinate to him in accordance with this Act. (2) Nothing in this section shall— (a) be deemed to transfer to the Governor any functions conferred by any existing law on any other authority; or (b) prevent Parliament or the Legislature of the State of Assam or Meghalaya from conferring by law functions on any authority subordinate to the Governor. **5. Extent of executive power of Meghalaya.—(1) Subject to the provisions of this Act, the executive** power of Meghalaya shall extend to the matters with respect to which the Legislature of Meghalaya has power to make laws: Provided that in any matter with respect to which the Legislature of Meghalaya, the Legislature of the State of Assam and Parliament have power to make laws, the executive power of Meghalaya shall be subject to, and limited by, the executive power expressly conferred by this Act, or by any law made by Parliament upon the Union or the State of Assam or the authorities thereof or, as the case may be, by the Legislature of the State of Assam upon the State of Assam or authorities thereof. (2) On and from the appointed day, the executive power of the State of Assam shall not extend, in relation to Meghalaya to the matters with respect to which the Legislature of Meghalaya has exclusive power to make laws under this Act. (3) For the removal of doubts, it is hereby declared that, save as otherwise provided in this Act, the executive power of the State of Assam shall, in relation to Meghalaya, continue to extend to the matters with respect to which the Legislature of Meghalaya has no power to make laws. **6. Council of Ministers.—(1) There shall be a Council of Ministers with the Chief Minister at the** head to aid and advice the Governor in the exercise of his functions in relation to Meghalaya. (2) The question whether any, and if so, what, advice was tendered by Ministers to the Governor shall not be inquired into in any court. **7. Other provisions as to Ministers.—(1) The Chief Minister shall be appointed by the Governor** and the other Ministers shall be appointed by the Governor on the advice of the Chief Minister, and the Ministers shall hold office during the pleasure of the Governor. (2) The Council of Ministers shall be collectively responsible to the Legislative Assembly. 5 ----- (3) Before a Minister enters upon his office, the Governor shall administer to him the oaths of office and of secrecy according to the form set out for this purpose in the First Schedule. (4) A Minister who for any period of six consecutive months is not a member of the Legislative Assembly shall at the expiration of that period cease to be a Minister. (5) The salaries and allowances of Ministers shall be such as the Legislature of Meghalaya may from time to time by law determine and, until the Legislature so determines, shall be determined by the Governor. **8. Advocate-General for Meghalaya.—(1) The Governor may, if he thinks fit to do so, appoint a** person who is qualified to be appointed a Judge of a High Court to be Advocate-General for Meghalaya. (2) It shall be the duty of the Advocate-General to give advice to the Government of Meghalaya upon such legal matters, and to perform such other duties of a legal character as may, from time to time, be referred or assigned to him by the Governor, and to discharge the functions conferred on him by or under this Act or any other law for the time being in force. (3) The Advocate-General shall hold office during the pleasure of the Governor, and shall receive such remuneration as the Governor may determine. **9. Conduct of business.—(1) All executive actions of the Government of Meghalaya shall be** expressed to be taken in the name of the Governor. (2) Orders and other instruments made and executed in the name of the Governor shall be authenticated in such manner as may be specified in rules to be made by the Governor, and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the Governor. (3) The Governor shall make rules for the more convenient transaction of the business of the Government of Meghalaya and for the allocation among Ministers of the said business. **10. Duties of Chief Minister as respects the furnishing of information to Governor, etc.—It shall** be the duty of the Chief Minister of Meghalaya— (a) to communicate to the Governor all decisions of the Council of Ministers relating to the administration of the affairs of Meghalaya and proposals for legislation; (b) to furnish such information relating to the administration of the affairs of Meghalaya and proposals for legislation as the Governor may call for; and (c) if the Governor so requires, to submit for the consideration of the Council of Ministers any matter on which a decision has been taken by a Minister but which has not been considered by the Council. PART III THE LEGISLATURE _General_ **11. Constitution of the Legislature of Meghalaya.—(1) There shall be a Legislature for Meghalaya** which shall consist of the Governor and the Legislative Assembly. (2) The total number of seats in the Legislative Assembly to be filled by persons chosen by direct election from constituencies in Meghalaya shall be fixed by the Central Government by notification in the Official Gazette after consultation with the Election Commission, but shall not be less than thirty-five or more than fifty-five. (3) The Governor may, if he is of opinion that any minority communities in Meghalaya need representation in the Legislative Assembly and are not adequately represented therein, nominate not more than three members of such communities, not being persons in the service of the Government, to the Legislative Assembly. 6 ----- **12. Delimitations of constituencies.—(1) The Election Commission shall, in the manner herein** provided, distribute the total number of seats in the Legislative Assembly as fixed under sub-section (2) of section 11 to single member constituencies and delimit them on the basis of the latest census figures having regard to the following provisions, namely:— (a) all constituencies shall, as far as practicable, consist of geographically compact areas, and in delimiting them, regard shall be had to the physical features, existing boundaries of administrative units, facilities of communication and public convenience; (b) every constituency shall be so delimited as to fall only within an Assembly constituency of the Legislative Assembly of the State of Assam; (c) the population of each constituency shall, as far as practicable, be the same throughout Meghalaya. (2) For the purpose of assisting the Election Commission in the performance of its functions under this section, the Commission shall associate with itself such number of associate members not exceeding five as the Governor may nominate to represent Meghalaya: Provided that none of the associate members shall have a right to vote or to sign any decision of the Election Commission. (3) If owing to death or resignation, the office of an associate member falls vacant, it shall be filled as soon as may be practicable by the Governor in accordance with the provisions of sub-section (2). (4) The Election Commission shall— (a) publish its proposals for the delimitation of constituencies, together with the dissenting proposals, if any, of any associate member who desires publication thereof, in the Official Gazette and in such other manner as the Commission may consider fit, together with a notice inviting objections and suggestions in relation to the proposals and specifying a date on or after which the proposals will be further considered by it; (b) consider all objections and suggestions which may have been received by it before the date so specified, and for the purpose of such consideration hold one or more public sittings at such place or places as it may think fit; (c) after considering all objections and suggestions which may have been received by it before the date so specified, determine by one or more orders the delimitation of constituencies and cause such order or orders to be published in the Official Gazette; and upon such publication, the order or orders shall have the full force of law and shall not be called in question in any court. (5) As soon as may be after such publication, every such order shall be laid before the Legislative Assembly. (6) Upon the completion of each census, the total number of seats in the Legislative Assembly and the division of Meghalaya into territorial constituencies shall be readjusted by such authority and in such manner as Parliament may by law determine: Provided that such readjustment shall not affect representation in the Legislative Assembly until the dissolution of the then existing Assembly. _Explanation.—In this section, ―latest census figures‖ mean the census figures with respect to_ Meghalaya ascertainable from the latest census of which the finally published figures are available. **13. Power of Election Commission to maintain delimitation orders up-to-date.—(1) The Election** Commission may, from time to time by notification in the Official Gazette,— (a) correct any printing mistake in any order made under section 12 or any error arising therein from inadvertent slip or omission; (b) where the boundaries or name of any territorial division mentioned in any such order are or is altered, make such amendments as appear to it to be necessary or expedient for bringing such order up-to-date. 7 ----- (2) Every notification under this section shall be laid, as soon as may be after it is issued, before the Legislative Assembly. **14. Electors and electoral rolls.—(1) The persons entitled to vote at an election of members shall be** the persons entitled by virtue of the provisions of the Constitution and the Representation of the People Act, 1950 (43 of 1950) to be registered as voters at elections to the House of the People. (2) The electoral roll for every constituency shall consist of so much of the electoral roll for an Assembly constituency of the Legislative Assembly of the State of Assam as relates to the areas comprised within each such constituency and it shall not be necessary to prepare or revise separately the electoral roll for any such constituency. **15. Right to vote.—Every person, whose name is for the time being entered in the electoral roll for a** constituency, shall be entitled to vote at the election of a member from that constituency. **16. Qualification for membership.—A person shall not be qualified to be chosen to fill a seat in the** Legislative Assembly unless he— (a) is a citizen of India and makes and subscribes before some person authorised in that behalf by the Election Commission an oath or affirmation according to the form set out for the purpose in the First Schedule; (b) is not less than twenty-five years of age; and (c) is an elector in any constituency in Meghalaya. **17. Election to the Legislative Assembly.—The provisions of Part I, Chapters III and IV of Part II** and Parts III to XI of the Representation of the People Act, 1951 (43 of 1951), and of any rules and orders made thereunder for the time being in force, shall apply to and in relation to the elections to the Legislative Assembly of Meghalaya as they apply to and in relation to an election to the Legislative Assembly of a State, subject to such modifications as the President may, after consultation with the Election Commission, by order, direct. **18. Duration of Legislative Assembly.—The Legislative Assembly, unless sooner dissolved, shall** continue for five years from the date appointed for its first meeting and no longer, and the expiration of the said period of five years shall operate as a dissolution of the Legislative Assembly: Provided that the said period may, while a Proclamation of Emergency issued under clause (1) of article 352 is in operation, be extended by Parliament by law for a period not exceeding one year at a time and not extending in any case beyond a period of six months after the Proclamation has ceased to operate. **19. Sessions of Legislative Assembly, prorogation and dissolution—(1) The Governor shall, from** time to time summon the Legislative Assembly to meet at such time and place as he thinks fit, but six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session. (2) The Governor may, from time to time,— (a) prorogue the Legislative Assembly; (b) dissolve the Legislative Assembly. **20. Right of Governor to address and send messages to Legislative Assembly.—(1) The Governor** may address the Legislative Assembly and may for that purpose require the attendance of members. (2) The Governor may send messages to the Legislative Assembly, whether with respect to a Bill then pending in the Legislative Assembly or otherwise and when a message is so sent, the Legislative Assembly shall with all convenient despatch consider any matter required by the message to be taken into consideration. **21. Special address by the Governor.—(1) At the commencement of the first session after each** general election to the Legislative Assembly and at the commencement of the first session of each year, the Governor shall address the Legislative Assembly and inform the Assembly of the causes of its summons. 8 ----- (2) Provision shall be made by the rules regulating the procedure of the Legislative Assembly for the allotment of time for discussion of the matters referred to in such address. **22. Rights of Ministers as respects Legislative Assembly.—Every Minister and the** Advocate-General for Meghalaya shall have the right to speak in, and otherwise to take part in the proceedings of, the Legislative Assembly, and to speak in, and otherwise to take part in the proceedings of, any committee of the Legislative Assembly of which he may be named a member, but shall not, by virtue of this section, be entitled to vote. _Officers of the Legislative Assembly_ **23. Speaker and Deputy Speaker of Legislative Assembly.—(1) The Legislative Assembly shall, as** soon as may be, choose two members of the Assembly to be respectively Speaker and Deputy Speaker thereof, and, so often as the office of Speaker or Deputy Speaker becomes vacant, the Assembly shall choose another member to be Speaker or Deputy Speaker, as the case may be. (2) A member holding office as Speaker or Deputy Speaker of the Legislative Assembly— (a) shall vacate his office if he ceases to be a member of the Assembly; (b) may at any time by writing under his hand addressed, if such member is the Speaker, to the Deputy Speaker, and if such member is the Deputy Speaker, to the Speaker, resign his office; and (c) may be removed from his office by a resolution of the Legislative Assembly passed by a majority of all the then members of the Assembly: Provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days’ notice has been given of the intention to move the resolution: Provided further that whenever the Legislative Assembly is dissolved, the Speaker shall not vacate his office until immediately before the first meeting of the Assembly after the dissolution. (3) While the office of Speaker is vacant, the duties of the office shall be performed by the Deputy Speaker or, if the office of Deputy Speaker is also vacant, by such member of the Legislative Assembly as the Governor may appoint for the purpose. (4) During the absence of the Speaker from any sitting of the Legislative Assembly, the Deputy Speaker or, if he is also absent, such person as may be determined by the rules of procedure of the Legislative Assembly, or, if no such person is present, such other person as may be determined by the Legislative Assembly, shall act as Speaker. (5) There shall be paid to the Speaker and the Deputy Speaker of the Legislative Assembly such salaries and allowances as may be respectively fixed by the Legislature of Meghalaya by law and, until provision in that behalf is so made, such salaries and allowances as the Governor may, by order, determine. **24. Speaker and Deputy Speaker not to preside while a resolution for his removal from office is** **under consideration.—(1) At any sitting of the Legislative Assembly while any resolution for the** removal of the Speaker from his office is under consideration, the Speaker, or, while any resolution for the removal of the Deputy Speaker from his office is under consideration, the Deputy Speaker, shall not, though he is present, preside, and the provisions of sub-section (4) of section 23 shall apply in relation to every such sitting as they apply in relation to a sitting from which the Speaker or, as the case may be, the Deputy Speaker is absent. (2) The Speaker shall have the right to speak in, and otherwise to take part in the proceedings of, the Legislative Assembly while any resolution for his removal from office is under consideration in the Legislative Assembly and shall, notwithstanding anything in section 27, be entitled to vote only in the first instance on such resolution or on any other matter during such proceedings but not in the case of an equality of votes. 9 ----- **25. Secretariat of Legislative Assembly.—(1) The Legislative Assembly shall have a separate** secretarial staff. (2) The Legislature of Meghalaya may by law regulate the recruitment, and the conditions of service of persons appointed, to the secretarial staff of the Legislative Assembly. (3) Until provision is made by the Legislature of Meghalaya under sub-section (2), the Governor may, after consultation with the Speaker of the Legislative Assembly, make rules regulating the recruitment, and the conditions of service of persons appointed, to the secretarial staff of the Legislative Assembly, and any rules so made shall have effect subject to the provisions of any law made under the said sub-section. _Conduct of business_ **26. Oath or affirmation by members.—Every member of the Legislative Assembly shall, before** taking his seat, make and subscribe before the Governor, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the First Schedule. **27. Voting in Assembly, power of Assembly to act notwithstanding vacancies and** **quorum.—(1) Save as otherwise provided in this Act, all questions at any sitting of the** Legislative Assembly shall be determined by majority of votes of the members present and voting other than the Speaker or person acting as such. (2) The Speaker or person acting as such shall not vote in the first instance, but shall have and exercise a casting vote in the case of an equality of votes. (3) The Legislative Assembly shall have power to act notwithstanding any vacancy in the membership thereof, and any proceedings in the Legislative Assembly shall be valid notwithstanding that it is discovered subsequently that some person who was not entitled so to do sat or voted or otherwise took part in the proceedings. (4) Until the Legislature of Meghalaya by law otherwise provides, the quorum to constitute a meeting of the Legislative Assembly shall be ten members. (5) If at any time during a meeting of the Legislative Assembly there is no quorum, it shall be the duty of the Speaker or person acting as such either to adjourn the Assembly or suspend the meeting until there is a quorum. _Disqualifications of members_ **28. Vacation of seats.—(1) No person shall be a member of Parliament or of the** Legislative Assembly of the State of Assam and also of the Legislative Assembly of Meghalaya, and if a person is chosen a member of Parliament or of the Legislative Assembly of Assam and also of the Legislative Assembly of Meghalaya, then, at the expiration of such period, as may be specified in rules made by the President, that person’s seat in Parliament or, as the case may be, in the Legislative Assembly of Assam, shall become vacant unless he has previously resigned his seat in the Legislative Assembly of Meghalaya. (2) If a member of the Legislative Assembly— (a) becomes subject to any of the disqualifications mentioned in section 29, or (b) resigns his seat by writing under his hand addressed to the Speaker, his seat shall thereupon become vacant. (3) If for a period of sixty days a member of the Legislative Assembly is, without permission of the Legislative Assembly, absent from all meetings thereof, the Assembly may declare his seat vacant: Provided that in computing the said period of sixty days no account shall be taken of any period during which the Legislative Assembly is prorogued or is adjourned for more than four consecutive days. 10 ----- **29. Disqualification for membership.—(1) A person shall be disqualified for being chosen as, and** for being, a member of the Legislative Assembly,— (a) if he holds any office of profit under the Government of India or the Government of any State or the Government of Meghalaya other than an office declared by the Legislature of Meghalaya by law not to disqualify its holder; or (b) if he is of unsound mind any stands so declared by a competent court; (c) if he is an undischarged insolvent; (d) if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State or is under any acknowledgment of allegiance or adherence to a foreign State; (e) if he is so disqualified by or under any of the provisions of Chapter III of Part II of the Representation of the People Act, 1951 (43 of 1951), as applied to and in relation to the Legislative Assembly by section 17. (2) For the purposes of this section, a person shall not be deemed to hold an office of profit under the Government of India or the Government of any State or the Government of Meghalaya by reason only, that he is a Minister either for the Union or for such State or for Meghalaya. (3) If any question arises as to whether a member has become disqualified for being such a member under the provisions of sub-section (1), the question shall be referred for the decision of the Governor and his decision shall be final. (4) Before giving any decision on any such question, the Governor shall obtain the opinion of the Election Commission and shall act according to such opinion. **30. Penalty for sitting and voting before making an oath or affirmation or when not qualified or** **when disqualified.—If a person sits or votes as member of the Legislative Assembly before he has** complied with the requirements of section 26, or when he knows that he is not qualified or that he is disqualified for membership thereof, or that he is prohibited from so doing by the provisions of any law made by Parliament or the Legislature of Meghalaya, he shall be liable in respect of each day on which he so sits or votes, to a penalty of five hundred rupees to be recovered as a debt due to Meghalaya. **31. Powers, privileges, etc., of members.—(1) Subject to the provisions of this Act and to the rules** and standing orders regulating the procedure of the Legislature of Meghalaya, there shall be freedom of speech in the Legislative Assembly of Meghalaya. (2) No member of the Legislative Assembly of Meghalaya shall be liable to any proceedings in any court in respect of anything said or any vote given by him in the Assembly or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of the Assembly of any report, paper, votes or proceedings. (3) In other respects, the powers, privileges and immunities of the Legislative Assembly and of the members and the committees thereof shall be such as may from time to time be defined by the Legislature of Meghalaya by law, and until so defined, shall be those for the time being enjoyed by the House of the People and its members and committees. (4) The provisions of sub-sections (1), (2) and (3) shall apply in relation to persons who by virtue of this Act have the right to speak in, or otherwise to take part in the proceedings of, the Legislative Assembly or any committee thereof as they apply in relation to members of that Assembly. **32. Salaries and allowances of members.—Members of the Legislative Assembly shall be entitled** to receive such salaries and allowances as may from time to time be determined by the Legislature of Meghalaya by law and, until provision in that respect is so made, such salaries and allowances as the Governor may, by order, determine. 11 ----- _Legislative powers and procedure_ **33. Extent of Legislative power.—(1) Subject to the provisions of this Act, the Legislature of** Meghalaya has exclusive power to make laws for Meghalaya or any part thereof with respect to any of the matters enumerated in Part A or Part B of the Second Schedule: Provided that the exclusive power of the Legislature of Meghalaya to make laws in so far as it relates to that part of the area comprised within the municipality of Shillong as immediately before the commencement of the Constitution formed part of the Khasi State of Mylliem, shall extend only to matters with respect to which the District Council having authority in that area has power to make laws (in whatever form it may be) immediately before the appointed day in exercise of any of the powers conferred by the Sixth Schedule to the Constitution. (2) Subject to the provisions of this Act, the Legislature of Meghalaya and the Legislature of the State of Assam also shall have power to make laws for Meghalaya or any part thereof with respect to any of the matters enumerated in Part C of the Second Schedule: Provided that the power of the Legislature of Meghalaya to make any such law shall not extend to the area comprised within the municipality of Shillong which immediately before the commencement of the Constitution formed part of the Khasi State of Mylliem. (3) For the removal of doubt it is hereby declared that nothing in sub-section (1) or sub-section (2) shall derogate from the powers conferred by the Constitution— (a) on Parliament to make laws for the whole or any part of the State of Assam, including Meghalaya, with respect to any of the matters enumerated in the Second Schedule; or (b) on the Legislature of the State of Assam to make laws for the whole or any part of Assam, including Meghalaya, with respect to any of the matters enumerated in List II or List II in the Seventh Schedule to the Constitution, except in so far as any of the matters aforesaid falls within sub-section (1). **34. Exemption from taxation of properties of the Union and the State of Assam and of certain** **vehicles registered in Assam or Meghalaya.—(1) The property of the Union shall, save in so far as** Parliament may, by law, otherwise provide, be exempt from all taxes imposed by Meghalaya or by any authority within Meghalaya. (2) Nothing in sub-section (1) shall, until Parliament by law otherwise provides, prevent any authority within Meghalaya from levying any tax on any property of the Union to which such property was immediately before the commencement of this Act liable or treated as liable so long as that tax continues to be levied in Meghalaya. (3) The property of the State of Assam shall, so long as the property of Meghalaya in the rest of Assam is exempt from taxes imposed by the Government of Assam or by any authority within the State of Assam, be exempt from all taxes imposed by Meghalaya or by any authority within Meghalaya. (4) No vehicle registered at any place in the State of Assam, not being a place in Meghalaya, and transiting through Meghalaya shall be liable to any tax under any law enacted by the Legislature of Meghalaya so long as any vehicle registered at any place in Meghalaya and transiting through the territory of Assam (not comprised in Meghalaya) is exempt from payment of any tax under any law enacted by the Legislature of the State of Assam. **35. Inconsistency between laws made by Parliament and laws made by the Legislature of** **Meghalaya.—(1) If any provision of a law made by the Legislature of Meghalaya is repugnant to any** provision of a law made by Parliament which Parliament is competent to enact, or to any provision of any existing law with respect to one of the matters enumerated in the Concurrent List in the Seventh Schedule to the Constitution, then, subject to the provisions of sub-section (2), the law made by Parliament, whether passed before or after the law, made by the Legislature of Meghalaya, or, as the case may be, the existing law, shall prevail and the law made by the Legislature of Meghalaya shall, to the extent of the repugnancy, be void. 12 ----- (2) Where a law made by the Legislature of Meghalaya with respect to one of the matters enumerated in the Concurrent List in the Seventh Schedule to the Constitution, which the Legislature of Meghalaya is competent to enact under this Act contains any provision repugnant to the provision of an earlier law made by Parliament or an existing law with respect to that matter, then, the law so made by the Legislature of Meghalaya shall, if it has been reserved for the consideration of the President and has received his assent, prevail in Meghalaya: Provided that nothing in this sub-section shall prevent Parliament from enacting at any time, any law with respect to the same matter, including a law adding to, amending, varying or repealing the law so made by the Legislature of Meghalaya. **36. Inconsistency between laws made by the Legislature of the State of Assam and laws made by** **the Legislature of Meghalaya.—Where a law made by the Legislature of Meghalaya with respect to one** of the matters enumerated in Part C of the Second Schedule contains any provisions repugnant to the provision of an earlier law made by the Legislature of the State of Assam which that Legislature is competent to enact, or to any provision of any existing law with respect to that matter, then, the law so made by the Legislature of Meghalaya shall, to the extent of the repugnancy, be void unless the law has received assent under section 39 after the Governor has obtained the advice of the Chief Minister of Assam: Provided that nothing contained in this section shall prevent the Legislature of the State of Assam from enacting at any time any law with respect to the same matter including a law adding to, amending, varying or repealing the law so made by the Legislature of Meghalaya. _Explanation 1.—In this section and in sections 35 and 59, ―existing law‖ means any law, Ordinance,_ order, bye-law, rule or regulation passed or made before the appointed day by any Legislature, authority or person having power to make such a law, Ordinance, order, bye-law, rule or regulation. _Explanation_ 2.—In this section and in sections 39 and 50, the reference to the advice of the Chief Minister of Assam shall, while a Proclamation issued in relation to the State of Assam under clause (1) of article 356 of the Constitution is in operation, be construed as a reference to the instructions from the President. **37. Special provisions as to financial Bills.—(1) A Bill or amendment shall not be introduced into,** or moved in, the Legislative Assembly except on the recommendations of the Governor if such Bill or amendment makes provisions dealing with any of the following matters, namely:— (a) the imposition, abolition, remission, alteration or regulation of any tax; (b) the regulation of the borrowing of money or the giving of any guarantee by Meghalaya or the amendment of the law with respect to any financial obligations undertaken or to be undertaken by Meghalaya; (c) the custody of the Consolidated Fund or the Contingency Fund of Meghalaya, the payment of moneys into, or withdrawal of moneys from, any such Fund; (d) the appropriation of moneys out of the Consolidated Fund of Meghalaya; (e) the declaring of any expenditure to be expenditure charged on the Consolidated Fund of Meghalaya, or the increasing of the amount of any such expenditure; (f) the receipt of money on account of the Consolidated Fund of Meghalaya or the public account of Meghalaya or the custody or issue of such money: Provided that no recommendation shall be required under this sub-section for the moving of an amendment making provision for the reduction or abolition of any tax. (2) A Bill or amendment shall not be deemed to make provision for any of the matters specified in sub-section (1) by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services rendered, or by reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes. 13 ----- (3) A Bill, which, if enacted and brought into operation, would involve expenditure from the Consolidated Fund of Meghalaya shall not be passed by the Legislative Assembly unless the Governor has recommended to the Assembly the consideration of the Bill. **38. Procedure as to lapsing of Bills.—A Bill pending in the Legislative Assembly shall not lapse by** reason of the prorogation of the Assembly, but shall lapse on a dissolution thereof. **39. Assent to Bills.—When a Bill has been passed by the Legislative Assembly, it shall be presented** to the Governor and the Governor shall declare either that he assents to the Bill or that he withholds assent therefrom or that he reserves the Bill for the consideration of the President: Provided that the Governor may, as soon as possible after the presentation to him of the Bill for assent, return the Bill if it is not a Money Bill together with a message requesting that the Legislative Assembly will reconsider the Bill or any specified provisions thereof and, in particular, will consider the desirability of introducing any such amendments as he may recommend in his message and, when a Bill is so returned, the Legislative Assembly shall reconsider the Bill accordingly, and if the Bill is passed again by the Assembly with or without amendment and presented to the Governor for assent, the Governor shall not— (a) give assent in the case of a Bill containing provisions of the nature referred to in section 36 except after obtaining the advice of the Chief Minister of Assam; (b) withhold assent in the case of any other Bill. _Explanation.—For the purposes of this section and section 40 a Bill shall be deemed to be a Money_ Bill if it contains only provisions dealing with all or any of the matters specified in sub-section (1) of section 37 or any matter incidental to any of those matters and there is endorsed thereon the certificate of the Speaker of the Legislative Assembly signed by him that it is a Money Bill: Provided that a Bill shall not be deemed to be a Money Bill by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services rendered or by reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes. **40. Bills reserved for consideration.—When a Bill is reserved by the Governor for the consideration** of the President, the President shall declare either that he assents to the Bill or that he withholds assent therefrom: Provided that where the Bill is not a Money Bill, the President may direct the Governor to return the Bill to the Legislative Assembly together with such a message as is referred to in section 39, and when a Bill is so returned, the Legislative Assembly shall reconsider it accordingly within a period of six months from the date of receipt of such message, and if it is again passed by the Legislative Assembly with or without amendment, it shall be presented again to the President for his consideration. **41. Requirements as to sanction and recommendation to be regarded as matters of procedure** **only.—No Act of the Legislature of Meghalaya and no provision in any such Act shall be invalid by** reason only that some recommendation or previous sanction required by the Constitution or this Act was not given, if assent to that Act was given— (a) where the recommendation required was that of the Governor, either by the Governor or by the President; (b) where the recommendation or previous sanction required was that of the President, by the President. _Procedure in financial matters_ **42. Annual Financial Statement.—(1) The Governor shall in respect of every financial year cause to** be laid before the Legislative Assembly a statement of the estimated receipts and expenditure of Meghalaya for that year, hereinafter referred to as ―the annual financial, statement‖. 14 ----- (2) The estimates of expenditure embodied in the annual financial statement shall show separately— (a) the sums required to meet expenditure described by this Act as expenditure charged upon the Consolidated Fund of Meghalaya; and (b) the sums required to meet other expenditure proposed to be made from the Consolidated Fund of Meghalaya, and shall distinguish expenditure on revenue account from other expenditure. (3) The following expenditure shall be expenditure charged upon the Consolidated Fund of Meghalaya— (a) the salaries and allowances of the Speaker and the Deputy Speaker of the Legislative Assembly; (b) debt charges for which the autonomous State is liable including interest sinking fund charges and redemption charges, and other expenditure relating to the raising of loans and the service and redemption of debt; (c) any sums required to satisfy any judgment, decree or award of any court or arbitral tribunal; and (d) any other expenditure declared by the Constitution or by the Legislature of Meghalaya to be so charged. **43. Procedure in Legislative Assembly with respect to estimates.—(1) So much of the estimates as** relates to expenditure charged upon the Consolidated Fund of Meghalaya shall not be submitted to the vote of the Legislative Assembly, but nothing in this sub-section shall be construed as preventing the discussion in the Legislative Assembly of any of those estimates. (2) So much of the said estimates as relates to other expenditure shall be submitted in the form of demands for grants to the Legislative Assembly, and the Legislative Assembly shall have power to assent, or to refuse to assent, to any demand, or to assent to any demand subject to a reduction of the amount specified therein. (3) No demand for a grant shall be made except on the recommendation of the Governor. **44. Appropriation Bills.—(1) As soon as may be after the grants under section 43 have been made** by the Legislative Assembly, there shall be introduced a Bill to provide for the appropriation out of the Consolidated Fund of Meghalaya of all moneys required to meet— (a) the grants so made by the Legislative Assembly; and (b) the expenditure charged on the Consolidated Fund of Meghalaya, but not exceeding in any case the amount shown in the statement previously laid before the Assembly. (2) No amendment shall be proposed to any such Bill in the Legislative Assembly which will have the effect of varying the amount or altering the destination of any grant so made or of varying the amount of any expenditure charged on the Consolidated Fund of Meghalaya, and the decision of the person presiding as to whether an amendment is inadmissible under this sub-section shall be final. (3) Subject to the provisions of sections 45 and 46, no money shall be withdrawn from the Consolidated Fund of Meghalaya except under appropriation made by law passed in accordance with the provisions of this section. **45. Supplementary, additional or excess grants.—(1) The Governor shall,—** (a) if the amount authorised by any law made in accordance with the provisions of section 44 to be expended for a particular service for the current financial year is found to be insufficient for the purposes of that year or when a need has arisen during the current financial year for supplementary or additional expenditure upon some new service not contemplated in the annual financial statement for that year, or 15 ----- (b) if any money has been spent on any service during a financial year in excess of the amount granted for that service and for that year, cause to be laid before the Legislative Assembly another statement showing the estimated amount of that expenditure or cause to be presented to the Legislative Assembly a demand for such excess, as the case may be. (2) The provisions of sections 42, 43 and 44 shall have effect in relation to any such statement and expenditure or demand and also to any law to be made authorising the appropriation of moneys out of the Consolidated Fund of Meghalaya to meet such expenditure or the grant in respect of such demand as they have effect in relation to the annual financial statement and the expenditure mentioned therein or to a demand for a grant and the law to be made for the authorisation of appropriation of moneys out of the Consolidated Fund of Meghalaya to meet such expenditure or grant. **46. Votes on Account and exceptional grant.—(1) Notwithstanding anything in the foregoing** provisions of this Part, the Legislative Assembly shall have power— (a) to make any grant in advance in respect of the estimated expenditure for a part of any financial year pending the completion of the procedure prescribed in section 43 for the voting of such grant and the passing of the law in accordance with the provisions of section 44 in relation to that expenditure; (b) to make a grant for meeting an unexpected demand upon the resources of the autonomous State when on account of the magnitude or the indefinite character of the service the demand cannot be stated with the details ordinarily given in the annual financial statement; (c) to make an exceptional grant which forms no part of the current service of any financial year; and the Legislature of Meghalaya shall have power to authorise by law the withdrawal of moneys from the Consolidated Fund of Meghalaya for the purpose for which the said grants are made. (2) The provisions of sections 43 and 44 shall have effect in relation to the making of any grant under sub-section (1) and to any law to be made under that sub-section as they have effect in relation to the making of a grant with regard to any expenditure mentioned in the annual financial statement and the law to be made for the authorisation of appropriation of moneys out of the Consolidated Fund of Meghalaya to meet such expenditure. _Procedure generally_ **47. Rules of procedure.—(1) The Legislative Assembly may make rules for regulating, subject to the** provisions of this Act, its procedure and the conduct of its business including the language or languages to be used in the Legislative Assembly. (2) Until rules are made under sub-section (1), the rules of procedure and standing orders with respect to the Legislative Assembly of the State of Assam in force immediately before the commencement of this Act shall have effect in relation to the Legislative Assembly subject to such modifications and adaptations as may be made therein by the Governor. **48. Restrictions on discussion in the Legislative Assembly.—No discussion shall take place in the** Legislative Assembly with respect to the conduct of any Judge of the Supreme Court, or of a High Court, in the discharge of his duties. **49. Courts not to enquire into the proceedings of Legislative Assembly.—(1) The validity of any** proceedings in the Legislative Assembly shall not be called in question on the ground of any alleged irregularity of procedure. (2) No officer or member of the Legislative Assembly in whom powers are vested by or under this Act for regulating procedure or the conduct of business or for maintaining order, in the Legislative Assembly shall be subject to the jurisdiction of any court in respect of the exercise by him of those powers. 16 ----- _Legislative power of the Governor_ **50. Power of Governor to promulgate Ordinances during recess of Legislative Assembly.—(1) If** at any time, except when the Legislative Assembly is in session, the Governor is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinance as the circumstances appear to him to require: Provided that the Governor shall not without instructions from the President, promulgate any such Ordinance, if— (a) a Bill containing the same provisions would under the Constitution or this Act have required the previous sanction of the President for the introduction thereof into the Legislative Assembly of Meghalaya; or (b) he would have deemed it necessary to reserve a Bill containing the same provisions for the consideration of the President; or (c) an Act of the Legislature of Meghalaya containing the same provisions would under this Act have been invalid unless, having been reserved for the consideration of the President, it had received the assent of the President: Provided further that the Governor shall not, except on the advice of the Chief Minister of Assam, promulgate any such Ordinance if with respect to a Bill containing the same provisions he would have deemed it necessary under this Act to obtain the advice of the Chief Minister before assenting thereto. (2) An Ordinance promulgated under this section shall have the same force and effect as an Act of the Legislative Assembly assented to by the Governor, but every such Ordinance— (a) shall be laid before Legislative Assembly and shall cease to operate at the expiration of six weeks from the reassembly of the Legislative Assembly or if before the expiration of that period a resolution disapproving it is passed by the Legislative Assembly, upon the passing of the resolution and (b) may be withdrawn at any time by the Governor. (3) If and so far as an Ordinance under this section makes any provision which would not be valid if enacted in an Act of the Legislature of Meghalaya assented to by the Governor, it shall be void: Provided that— (a) for the purposes of section 35 relating to the effect of an Act of the Legislature of Meghalaya which is repugnant to an Act of Parliament or an existing law with respect to a matter enumerated in the Concurrent List in the Seventh Schedule to the Constitution, an Ordinance promulgated under this section in pursuance of instructions from the President shall be deemed to be an Act of the Legislature which has been reserved for the consideration of the President and assented to by him; (b) for the purposes of section 36 relating to the effect of an Act of the Legislature of Meghalaya which is repugnant to an Act of the Legislature of the State of Assam or an existing law with respect to a matter enumerated in Part C of the Second Schedule, an Ordinance promulgated under this section on the advice of the Chief Minister of Assam shall be deemed to be an Act of the Legislature which has been assented to on the advice of the Chief Minister. PART IV FINANCIAL PROVISIONS **51. Consolidated Fund.—(1) Subject to the provisions of section 52, all revenue received by the** Government of Meghalaya, all loans raised by that Government by the issue of treasury bills, loans or ways and means advances and all moneys received by that Government in repayment of loans shall form one consolidated fund to be entitled ―the Consolidated Fund of Meghalaya‖. (2) All other public moneys received by or on behalf of the Government of Meghalaya shall be credited to the public account of Meghalaya. 17 ----- (3) No moneys out of the Consolidated Fund of Meghalaya shall be appropriated except in accordance with law and for the purposes and in the manner provided in this Act. **52. Contingency Fund.—The Legislature of Meghalaya may, by law, establish a Contingency Fund** in the nature of an imprest to be entitled ―the Contingency Fund of Meghalaya‖ into which shall be paid from time to time such sums as may be determined by such law, and the said Fund shall be placed at the disposal of the Governor to enable advances to be made by him out of such Fund for the purposes of meeting unforeseen expenditure pending authorisation of such expenditure by the Legislature of Meghalaya by law under section 45 or section 46. **53. Custody of suitors’ deposits and other moneys received by public servants and courts.—All** moneys received by or deposited with— (a) any officer employed in connection with the affairs of Meghalaya in his capacity as such, other than revenues or public moneys raised or received by the Government of Meghalaya; or (b) any court within Meghalaya to the credit of any cause, matter, account or persons shall be paid into the public account of Meghalaya. **54. Custody, etc., of Consolidated Fund, Contingency Fund and moneys credited to the public** **account.—The custody of the Consolidated Fund and the Contingency Fund of Meghalaya, the payment** of moneys into such Funds, the withdrawal of moneys therefrom, the custody of public moneys other than those credited to such Funds received by or on behalf of the Government of Meghalaya, their payment into the public account of Meghalaya and the withdrawal of moneys from such account and all other matters connected with or ancillary to matters aforesaid shall be regulated by law made by the Legislature of Meghalaya, and, until provision in that behalf is so made, shall be regulated by rules made by the Governor. **55. Certain taxes levied by Assam to be appropriated by Meghalaya.—(1) Notwithstanding** anything contained in this Act, any tax on the consumption or sale of electricity relatable to entry 53 in the State List in the Seventh Schedule to the Constitution, and any tax on the sale or purchase of goods relatable to entry 54 in the said List levied by the Government of Assam shall be collected within Meghalaya but not including any area comprised within the municipality of Shillong by the Government of Meghalaya, and the proceeds in any financial year of any such tax leviable within Meghalaya shall not form part of the Consolidated Fund of Assam, but shall form part of the Consolidated Fund of Meghalaya. (2) Where a tax relatable to entry 54 in the State List aforesaid levied by the Government of Assam is collected by that Government at the first point of sale or purchase of goods, such portion of the tax so collected as may be agreed upon by the Governments of Assam and Meghalaya or in default of such agreement, as such the Central Government may determine, shall be payable to Meghalaya. (3) The laws with respect to the taxes referred to in sub-section (1) shall have effect subject to such exceptions and modifications as the Central Government, may, by order, specify for the purpose of giving effect to the provisions of that sub-section. **56. Distribution of revenues.—(1) The grants-in-aid under clause (1) of article 275 and the share of** the taxes on income, the distributable Union duties of excise, the additional duties of excise on goods of special importance and estate duty payable to the State of Assam under the Constitution (Distribution of Revenues) Order, 1969, the Union Duties of Excise (Distribution) Act, 1962 (3 of 1962), the Additional Duties of Excise (Goods of Special Importance) Act, 1957 (58 of 1957) and the Estate Duty (Distribution) Act, 1962 (9 of 1962), shall be construed as from the appointed day, as payable to the State of Assam and the autonomous State of Meghalaya in such proportion as the President may, by order, determine. (2) Every order made by the President under sub-section (1) shall be laid before Parliament as soon as may be after it is made. **57. Authorisation of expenditure pending its sanction by Legislative Assembly.—The Governor** may, at any time before the appointed day, authorise such expenditure from the Consolidated Fund of Meghalaya as he deems necessary for a period of not more than six months beginning with the appointed day pending the sanction of that expenditure by the Legislative Assembly: 18 ----- Provided that the Governor may, after the appointed day, authorise such further expenditure as he deems necessary from the Consolidated Fund of Meghalaya for any period not extending beyond the said period of six months. PART V ASSETS AND LIABILITIES **58. Apportionment of assets and liabilities.—The assets and liabilities of the State of Assam** immediately before the appointed day shall be apportioned between that State and Meghalaya in accordance with the provisions contained in the Third Schedule. PART VI ADMINISTRATIVE RELATIONS **59. Obligation of Meghalaya, the State of Assam and the Union.—The executive power of** Meghalaya shall be so exercised as to ensure compliance with the laws made by Parliament, the Legislature of the State of Assam and any existing laws which apply in Meghalaya, and the executive power of the Union and of the State of Assam shall extend to the giving of such directions to Meghalaya as may appear to the Government of India or the Government of Assam, as the case may be, to be necessary for that purpose. **60. Control over the autonomous State in certain cases.—The executive power of Meghalaya shall** be so exercised as not to impede or prejudice the exercise of the executive power of the Union or the Government of Assam, as the case may be, and the executive power of the Union and the State of Assam shall extend to the giving of such directions to Meghalaya as may appear to the Government of India or the Government of Assam, as the case may be, to be necessary for that purpose. **61. Entrustment of functions.—Notwithstanding anything in this Act,—** (a) the Government of Assam may, with the consent of the Government of Meghalaya, entrust either conditionally or unconditionally to that Government or to its officers function in relation to any matter to which the executive power of the State of Assam extends; (b) the Government of Meghalaya may, with the consent for the Government of Assam, entrust either conditionally or unconditionally to that Government or to its officers functions in relation to any matter to which the executive power of Meghalaya extends. PART VII TRANSITIONAL PROVISIONS **62. Provisions as to Provisional Legislative Assembly.—(1) Until the Legislative Assembly of** Meghalaya has been duly constituted and summoned to meet for the first session under the provisions of Part III, there shall be a Provisional Legislative Assembly which shall consist of not less than thirty-five and not more than fifty-five persons as the Central Government may, after consultation with the Election Commission, by order, determine, and such persons shall be elected in the manner specified in sub-section (2). (2) Subject to the provisions of sub-section (1), the members of the Provisional Legislative Assembly shall be elected in the following manner, namely:— (a) there shall be an electoral college for each autonomous district within Meghalaya which shall consist of the elected members of the District Council thereof, and each electoral college shall elect such number of persons to the Provisional Legislative Assembly as the President may, after consultation with the Election Commission, by order, determine; (b) the election of members to the Provisional Legislative Assembly shall be in accordance with the system of proportional representation by means of the single transferable vote and shall be subject to such rules as the Central Government may, after consultation with the Election Commission, make in this behalf. 19 ----- (3) The Central Government may nominate to the Provisional Legislative Assembly not more than three persons not being persons in the service of the Government, to represent any minority communities in Meghalaya which, in its opinion, need representation in the Assembly. (4) No person shall be qualified to be chosen as a member of the Provisional Legislative Assembly unless he is a person whose name is for the time being entered in the electoral roll for so much of any constituency of the Legislative Assembly of Assam as is comprised within Meghalaya and is not less than twenty-five years of age. (5) If owing to death, resignation or otherwise, the office of a member of the Provisional Legislative Assembly falls vacant, it may be filled up as soon as practicable under and in accordance with the foregoing provisions of this section. (6) The term of office of the members of the Provisional Legislative Assembly shall expire immediately before the first meeting of the Legislative Assembly duly constituted under this Act. (7) The election by the electoral college under this section shall not be called in question on the ground merely of the existence of a vacancy in the membership of any District Council forming part of the electoral college. (8) The Provisional Legislative Assembly constituted under this section shall, for so long it is in existence, be deemed to be the Legislative Assembly duly constituted under this Act, and accordingly the provisions of Part III shall, so far as may be, apply in relation to the Provisional Legislative Assembly as they apply in relation to the Legislative Assembly. PART VIII MISCELLANEOUS PROVISIONS **63. Special committee for development of Shillong.—The Central Government may, in consultation** with the Governments of Assam and Meghalaya, by order, constitute a committee consisting of such number of persons as it may think fit for advising the two Governments on matters of common interests with respect to Shillong in the field of education and water supply in particular, and with respect to its development and administration in general. _Explanation.—In this section, Shillong shall mean the areas comprised within the cantonment and_ municipality of Shillong and include such other areas adjoining the said cantonment or Municipality as may be agreed upon by the Governments of Assam and Meghalaya in this behalf. **64. Provisions as to continuance of courts.—All courts and tribunals and all authorities discharging** lawful functions throughout Meghalaya or any part thereof immediately before the appointed day shall, unless their continuance is inconsistent with the provisions of this Act or until other provision is made by a competent authority, continue to exercise their respective functions. **65. Provisions relating to services.—(1) Every person who being a member of an All-India Service** is for the time being borne on the Assam State Cadre of that Service or is otherwise serving in connection with the affairs of the State of Assam as a member of Class I service of that State may be required by the Government of that State to serve in connection with the affairs of Meghalaya for such period or periods as the Government of Assam may, by order, direct: Provided that no such order shall be made— (a) before the appointed day, except with the approval of the Central Government; and (b) on or after the appointed day, except in accordance with such rules as may be made by the Central Government after consultation with the Governments of Assam and Meghalaya. (2) Subject to any general or special order which the Central Government may make in this behalf, the control over any such person as is referred to in sub-section (1) shall, for so long as he is required to serve in connection with the affairs of Meghalaya, be vested in the Government of Meghalaya. (3) Such persons serving in connection with the affairs of the State of Assam immediately before the appointed day, not being a person referred to in sub-section (1) as may be determined by agreement, 20 ----- between the Government of Assam and the Government of Meghalaya or in default of agreement, by the Central Government, may, notwithstanding anything in the terms of their appointments or their conditions of service, be required to serve in connection with the affairs of the autonomous State. (4) All previous service rendered by a person referred to in sub-section (3) in connection with the affairs of the State of Assam shall be deemed to have been rendered in connection with the affairs of the autonomous State for the purposes of the rules regulating his conditions of service. (5) Nothing in sub-sections (3) and (4) shall be deemed to affect the power of the Legislature of Meghalaya or the Governor to determine the conditions of service of persons serving in connection with the affairs of Meghalaya: Provided that the conditions of service applicable immediately before the appointed day to any person referred to in sub-section (3) shall not be varied to his disadvantage except with the previous approval of the Government of Assam. **66. Continuance of existing laws and their adaptations.—(1) All laws in force immediately before** the appointed day in the autonomous State shall continue to be in force therein until altered, repealed or amended by a competent legislature or other competent authority. (2) For the purpose of facilitating the application in relation to the autonomous State of any law made before the appointed day, the appropriate Government may, within two years from that day, by order, make such adaptations or 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 any law_ relating to a matter enumerated in the Union List in the Seventh Schedule to the Constitution, the Central Government, as respects any law relating to a matter in the Second Schedule, the Government of Meghalaya, and, as respects any other law, the Government of Assam. **67. Autonomous State to be a State for certain purposes of the Constitution.—Subject to the** other provisions contained in this Act, reference to a State (by whatever form of words) in any of the following articles of the Constitution shall be construed as including a reference to the autonomous State, namely:— Articles 12 to 15 (inclusive), 16 [except clause (3) thereof], 18, 19, 23, 25, 28 to 31 (inclusive), 31A, 34 to 51 (inclusive), 58, 59, 66, 73, 102, 110(1)(f), 131, 138, 149, 150, 151, 161, 209, 210, 233, 234, 235, 237, 251, 252, 256 to 258A (inclusive), 261, 262, 263, 268, 269, 270, 272, 274 to 280 (inclusive), 282, 288, 289, 293, 296, 298 to 305 (inclusive), 308 to 311 (inclusive), 320, 323(2), 324 to 329 (inclusive), 339 to 342 (inclusive), 345 to 348 (inclusive), 350, 350A, 350B, 353, 355 to 358 (inclusive), 360, 361, 364 to 367 (inclusive). _Explanation.—Reference in any of the articles above specified to the High Court or to the_ State Public Service Commission shall be construed as reference to the High Court of Assam or the Public Service Commission of the State of Assam, as the case may be. **68. Power of Governments of Assam and Meghalaya to carry on trade, etc., in** **Meghalaya.—(1) The executive power which the Government of Assam may exercise under article 298** in Meghalaya for the carrying on of any trade or business and for the acquisition, holding and disposal of property and the making of contracts for any purpose shall, in so far as such trade or business or such purpose is not one with respect to which the Legislature of the State of Assam may make laws, be subject to legislation by the Legislature of Meghalaya. (2) The executive power which the Government of Meghalaya may exercise under article 298 in Meghalaya for the carrying on of any trade or business and for the acquisition, holding and disposal of property and the making of contracts of for any purpose shall, in so far as such trade or business or such purpose is not one with respect to which the Legislature of Mehgalaya may make laws, be subject also to legislation by the Legislature of the State of Assam. 21 ----- **69. Power to suspend provisions of this Act in case of failure of constitutional** **machinery.—Where a Proclamation is issued under article 356 in respect of Meghalaya, the President** may, by the same Proclamation or a subsequent Proclamation varying it, suspend also, in whole or in part, the operation of any of the provisions of this Act. **70. Construction of reference to “State” and “State Government” in other laws in relation to** **Meghalaya.—Without prejudice to the provisions of sections 66 and 71 the Central Government may,** after consulting the Government of Assam, by notification in the Official Gazette, declare that any reference to a ―State‖ in a Central Act specified in the notification shall, in its application to Meghalaya, be construed as a reference to the whole or any part of Meghalaya and any reference to ―State Government‖ in a Central Act specified in the notification shall in its application to Meghalaya be construed as a reference to the Central Government. **71. Power to construe laws.—Notwithstanding that no provision or insufficient provision has been** made under section 66 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 the autonomous State, construe the law in such manner not affecting the substance as may be necessary or proper in regard to the matter before the court, tribunal or authority, as the case may be. **72. Effect of provisions of Act inconsistent with other laws.—The provisions of this Act shall have** effect notwithstanding anything inconsistent therewith contained in any other law. **73. Power to remove difficulties.—(1) 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. (2) Every order made under this section shall be laid before both Houses of Parliament as soon as may be after it is made. **74. Amendment of the Sixth Schedule.—The Sixth Schedule in the Constitution shall stand** amended as specified in the Fourth Schedule. **75. Amendment of Act 2 of 1934.—In section 21A of the Reserve Bank of India Act, 1934, in** sub-section (1), after the words ―any State‖, the brackets and words ―(including the autonomous State of Meghalaya)‖ shall be inserted. **76. Amendment of Act 37 of 1956.—In section 16 of the States Reorganisation Act, 1956, in** sub-section (1), for clause (d), the following clause shall be substituted, namely:— ―(d) in the case of the Eastern Zone,— (i) the Chief Minister and another Minister of the autonomous State of Meghalaya to be nominated by the Governor of Assam and if there is no Council of Ministers therein, not more than two members from the autonomous State of Meghalaya to be nominated by the President; and (ii) the person for the time being holding the office of the Adviser to the Governor of Assam for Tribal areas.‖. **77. 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) 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 [1][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 certain words (w.e.f. 15-5-1986). 22 ----- THE FIRST SCHEDULE (See sections 7, 16 and 26) FORMS OF OATHS OR AFFIRMATIONS I Form of oaths or affirmation to be made by a candidate for election to the Legislative Assembly:— ―I, A.B., having been nominated as a candidate to fill a seat in the Legislative Assembly of Meghalaya do [swear in the name of God ]that I will bear true faith and allegiance to the Constitution of solemnly affirm as by law established and that I will uphold the sovereignty and integrity of India.‖. II Form of oath or affirmation to be made by a member of the Legislative Assembly:— ―I, A.B., having been elected (or nominated) a member of the Legislative Assembly of Meghalaya do [swear in the name of God] that I will bear true faith and allegiance to the Constitution solemnly affirm of India as by law established, and that I will uphold the sovereignty and integrity of India and that I will faithfully discharge the duty upon which I am about to enter.‖. III Form of oath of office for a member of the Council of Ministers:— ―I, A.B., do [swear in the name of God] that I will bear true faith and allegiance to the Constitution solemnly affirm of India as by law established, that I will uphold the sovereignty and integrity of India, that I will faithfully and conscientiously discharge my duties as Minister for Meghalaya, and that I will do right to all manner of people in accordance with the Constitution and the law without fear or favour, affection or ill-will.‖. IV Form of oath of secrecy for a member of the Council of Ministers:— ―I, A.B., do [swear in the name of God] that I will not directly or indirectly communicate or reveal to any solemnly affirm person or persons any matter which shall be brought under any consideration or shall become known to me as a Minister for Meghalaya except as may be required for the due discharge of my duties as such Minister.‖. 23 ----- THE SECOND SCHEDULE (See sections 33 and 36) AUTONOMOUS STATE LIST [See section 33(1)] Matters with respect to which the Legislative Assembly has exclusive power to make laws. PART A The following matters enumerated or to the extent included in List II—State List[1]. 1. Village and town police within the meaning of clause (f) of sub-paragraph (1) of paragraph 3 of the Sixth Schedule to the Constitution (Entry 2). 2. Administration of justice, constitution and organisation of all courts, except the Supreme Court and the High Court; procedure in rent and revenue courts; fees taken in all courts except the Supreme Court and the High Court (Entry 3). 3. Prisons, reformatories, Borstal institutions and other institutions of a like nature, and persons detained therein; arrangements with the State of Assam and other States for the use of prisons and other institutions (Entry 4). 4. Local Government, that is to say, the constitution and powers of municipal corporations, improvement trusts, district boards, mining settlement authorities and other local authorities for the purpose of local self-Government or village administration (Entry 5). 5. Public health and sanitation; hospitals and dispensaries (Entry 6). 6. Pilgrimages, other than pilgrimages to places outside India (Entry 7). 7. Intoxicating liquors, that is to say, the production, manufacture, possession, transport, purchase, and sale of intoxicating liquors (Entry 8). 8. Relief of the disabled and unemployable (Entry 9). 9. Burials and burial grounds: cremations and cremation grounds (Entry 10). 10. Education including universities, subject to the provisions of entries 63, 64, 65 and 66 of List I and Entry 25 of List III (Entry 11). 11. Libraries, museums and other similar institutions controlled or financed by the autonomous State; ancient and historical monuments and records other than those declared by or under law made by Parliament to be of national importance (Entry 12). 12. Communications, that is to say, roads, bridges, ferries and other means of communication not specified in List I, but excluding roads, bridges and ferries declared by the Legislature of Assam by law to be State highways; municipal tramways; ropeways; inland waterways and traffic thereon subject to the provisions of List I and List III with regard to such waterways; vehicles other than mechanically propelled vehicles (Entry 13). 13. Agriculture, including agricultural education and research, protection against pests and prevention of plant disease subject to the provisions of entry 1 of Part C (Entry 14). 14. Preservation, protection and improvement of stock and prevention of animal diseases; veterinary training and practice (Entry 15). 15. Pounds and the prevention of cattle trespass (Entry 16). 1 NOTE.—Reference in this Schedule to List I, List II or List III or to entries therein are reference to the said list or entries therein the Seventh Schedule to the Constitution; and references in brackets at the end of each entry are references to the corresponding entries in List II or List III in the said Schedule and have been inserted for the sake of convenience only. 24 ----- 16. Water, that is to say, water supplies, irrigation and canals, drainage and embankments, water storage and water power, subject to the provisions of entry 56 of List I, but excluding water-supplies, irrigation and canals, drainage and embankments, water storage and water power in relation to irrigation, hydro-electric and navigation projects financed by the Government of Assam wholly or in part and declared by the Legislature of the State of Assam by law to be projects of State Importance (Entry 17). 17. Land, that is to say, rights in or over land, land tenures including the relation of landlord and tenant; and the collection of rents; transfer and alienation of agricultural land; land improvement and agricultural loans, colonization (Entry18). 18. Forests, subject to the provisions of entry 2 of Part C (Entry 19). 19. Protection of wild animals and birds (Entry 20). 20. Fisheries (Entry 21). 21. Courts of wards subject to the provisions of entry 34 of List I; encumbered and attached estates (Entry 22). 22. Regulation of mines and mineral development subject to the provisions of List I with respect to regulation and development under the control of the Union (Entry 23). 23. Gas and gas-works (Entry 25). 24. Trade and Commerce within the autonomous State subject to the provisions of entry 33 of List III (Entry 26). 25. Markets and fairs (Entry 28). 26. Weights and measures except establishment of standards (Entry 29). 27. Money-lending and money-lenders; relief of agricultural indebtedness (Entry 30). 28. Inns and inn-keepers (Entry 31). 29. Incorporation, regulation and winding up of universities; unincorporated trading, literary, scientific, religious and other societies and associations; co-operative societies (Entry 32). 30. Theatres and dramatic performances; cinemas subject to the provisions of entry 60 of List I; sports, entertainments and amusements (Entry 33). 31. Betting and gambling (Entry 34). 32. Works, lands and buildings vested in or in the possession of the autonomous State (Entry 35). 33. Elections to the legislature of the autonomous State subject to the provisions of any law made by Parliament (Entry 37). 34. Salaries and allowances of members, Speaker and Deputy Speaker of the Legislative Assembly (Entry 38). 35. Powers, privileges and immunities of the Legislative Assembly and of the members and committees thereof, enforcement of attendance of persons for giving evidence or producing documents before committees of the Legislature of Meghalaya (Entry 39). 36. Salaries and allowances of Ministers for the autonomous State (Entry 40). 37. Public Services of the autonomous State (Entry 41). 38. Pensions payable by the autonomous State or out of the Consolidated Fund of Meghalaya (Entry 42). 39. Public debt of the autonomous State (Entry 43). 40. Treasure trove (Entry 44). 25 ----- 41. Land revenue, including the assessment and collection of revenue, the maintenance of land records, survey for revenue purposes and records of rights, and alienation of revenue (Entry 45). 42. Taxes on agricultural income (Entry 46). 43. Duties in respect of succession to agricultural land (Entry 47). 44. Estate duty in respect of agricultural land (Entry 48). 45. Taxes on lands and buildings (Entry 49). 46. Taxes on mineral rights subjects to any limitations imposed by Parliament by law relating to mineral development (Entry 50). 47. Duties of excise of the following goods manufactured or produced in the autonomous State and countervailing duties at the same or lower rates on similar goods manufactured or produced elsewhere in India:— (a) alcoholic liquors for human consumption; (b) opium, Indian hemp and other narcotic drugs and narcotics; but not including medicinal and toilet preparations containing alcohol or any substance included in sub-paragraph (b) of this entry (Entry 51). 48. Taxes on the entry of goods into a local area for consumption, use or sale therein (Entry 52). 49. Taxes on advertisements other than advertisements published in the newspapers (Entry 55). 50. Taxes on goods and passengers carried by road or on inland waterways (Entry 56). 51. Taxes on vehicles, whether mechanically propelled or not, suitable for use on roads including tram-cars subject to the provisions of entry 35 of List III (Entry 57). 52. Taxes on animals and boats (Entry 58). 53. Tolls (Entry 59). 54. Taxes on profession, trades, callings and employments (Entry 60). 55. Capitation taxes (Entry 61). 56. Taxes on luxuries, including taxes on entertainments, amusements, betting and gambling (Entry 62). 57. Rates of stamp duty in respect of documents other than those specified in the provisions of List I with regard to rates of stamp duty (Entry 63). 58. Any other matter not enumerated in this Part and in respect of which a District Council has power to make laws under paragraph 3 of the Sixth Schedule in the Constitution, to the extent to which it is not included in entry 16 of this Part and entry 2 of Part C. 59. Offences against laws with respect to any of the matters in this Part (Entry 64). 60. Jurisdiction and powers of all courts, except the Supreme Court, with respect to any of the matters in this Part (Entry 65). 61. Fees in respect of any of the matters in this Part, but not including fees taken in any court (Entry 66). PART B The following matters enumerated or to the extent included in List III—Concurrent List. 1. Marriage and divorce; wills, intestacy and succession; social customs; appointment or succession of Chiefs or Headmen (Entry 5). 26 ----- 2. Offences against laws with respect to any of the matters in this Part (Entry 1). 3. Jurisdiction and powers of all courts, except the Supreme Court, with respect to any of the matters in this Part (Entry 46). 4. Fees in respect of any of the matters in this Part, but not including fees taken in any court (Entry 47). _Concurrent List between the autonomous State and the State of Assam_ PART C (See section 33 (2)) Matters with respect to which the Legislature of Meghalaya and the Legislature of the State of Assam also have power to make laws, namely, the following matters enumerated or to the extent included in List II –State List and List III—Concurrent List. 1. Scheme of agriculture designed to benefit both the areas of the autonomous State as well as the rest of Assam (Entry 14 of List II). 2. Conversion of forests in catchment areas of projects referred to in entry 16 of Part A, financed by the Government of Assam wholly or in part and declared by the Legislature of the State of Assam by law to be projects of State importance (Entry 19 of List II). 3. Industries subject to the provisions of entries 7 and 52 of List I (Entry 24 of List II). 4. Production, supply and distribution of goods, subject to the provisions of entry 33 of List III (Entry 27 of List II). 5. Removal from the autonomous State to any other area of the State of Assam or to any other State of prisoners and accused persons (Entry 4 of List III). 6. Transfer of property other than agricultural land, subject to entry 58 of Part A; registration of deeds and documents (Entry 6 of List III). 7. Economic and social planning (Entry 20 of List III). 8. Acquisition and requisitioning of property (Entry 42 of List III). 9. Recovery in the autonomous State of claims in respect of taxes and other public demands, including arrears of land revenue and sums recoverable as such arrears, arising outside the autonomous State (Entry 43 of List III). 10. Inquiries and statistics for the purposes of any of the matters specified in this Schedule (Entry 45 of List III). 11. Offences against laws with respect to any of the matters in this Part (Entry 64 of List II and Entry 1 of List III). 12. Jurisdiction and powers of all courts, except the Supreme Court, with respect to any of the matters in this Part (Entry 65 of List II and Entry 46 of List III). 13. Fees in respect of any of the matters in this Part, but not including fees taken in any court (Entry 66 of List II and Entry 47 of List III). 27 ----- THE THIRD SCHEDULE (See section 58) APPORTIONMENT OF ASSETS AND LIABILITIES **1. Definitions.—In this Schedule:—** (a) ―purpose of the autonomous State‖ means a purpose relatable to any of the matters in respect of which the Legislature of Meghalaya has power to make laws under this Act; and (b) ―population ratio‖, in relation to Meghalaya means such ratio as Central Government may, by order, specify as the ratio between the population as ascertained at the last preceding census of Meghalaya and the rest of the State of Assam. **2. Lands and goods.—(1) Subject to the other provisions contained in this Schedule, all land and all** stores, articles and other goods held by the State of Assam within the territories of Meghalaya shall, on the appointed day, pass to Meghalaya, if the purposes for which they were held will be purposes of the autonomous State. (2) Stores relating to the Secretariat and offices of Heads of Departments having jurisdiction over the areas comprised partly in Meghalaya and partly in the rest of Assam and unissued stores shall be divided between the State of Assam and Meghalaya in accordance with such directions as the Central Government may think fit to issue for a just and equitable distribution thereof. _Explanation—In this paragraph, the expression ―land‖ includes immovable property of every_ description and any rights in or over such property, and the expression ―goods‖ does not include coins, bank notes and currency notes. **3. Treasury and bank balances.—The total of the cash balances in all treasuries of the State of** Assam and the balances of that State with the Reserve Bank of India or any other bank immediately before the appointed day shall be divided between the State of Assam and Meghalaya according to the population ratio: Provided that for the purpose of such division there shall be no transfer of cash balance from any treasury to any other treasury, and the apportionment shall be effected by adjusting the balance of the States of Assam and Meghalaya in the books of the Reserve Bank of India on the appointed day or in such other manner as the Central Government may, by order, direct. **4. Arrears of taxes.—Meghalaya shall have the right to recover the arrears of any tax or duty,** including the arrears of land revenue, on property situate in Meghalaya, and shall also have the right to recover the arrears of any other tax or duty if the place of assessment of that tax or duty is located in Meghalaya: Provided that nothing in this paragraph shall apply in relation to arrears of any tax or duty which Meghalaya is not competent to collect. **5. Right to recover loans and advances.—(1) The right to recover any loans or advances made** before the appointed day by the State of Assam to any local body, society, agriculturist or other person in Meghalaya shall belong to Meghalaya, if the purpose for which the loans or advances were made will thereafter be a purpose of the autonomous State. (2) The right to recover loans and advances of pay and travelling allowances to a Government servant made before the appointed day by the State of Assam shall pass to Meghalaya if, after the appointed day, that Government servant is required to serve in connection with the affairs of Meghalaya under sub-section (3) of section 65. **6. Investments and credits in certain funds.—The investments made before the appointed day from** the Cash Balance Investment Account and any other general fund of the State of Assam shall, after the appointed day, be divided between the States of Assam and Meghalaya according to the population ratio; and the investments in any special fund the objects of which are confined to a local area in Meghalaya shall pass to Meghalaya if such investment relates to a purpose of the autonomous State. 28 ----- **7. Assets and liabilities of State undertakings and investments.—(1) The assets and liabilities in** Meghalaya on the appointed day relating to any commercial or industrial undertaking of the State of Assam other than an undertaking on which the State of Assam has incurred a capital outlay exceeding rupees fifty lakhs or a Government company shall, after the appointed day, pass to Meghalaya if the purpose of the undertaking relates to a purpose of the autonomous State. (2) Where a depreciation reserve fund is maintained by the State of Assam for any such undertaking as is referred to in sub-paragraph (1), the securities held in respect of such investments made from that fund shall pass to Meghalaya. (3) The investments of the State of Assam made before the appointed day in any body corporate or co-operative society whose area of operation or jurisdiction extends to areas comprised partly within Meghalaya and partly within the rest of the State of Assam, or in any Government company or private commercial or industrial undertaking, shall, if the Central Government so directs, be allocated between the Government of Assam and the Government of Meghalaya in such proportion as may be agreed upon between the two Governments within one year from the date of the direction aforesaid or, in default of such agreement, as the Central Government may by order direct. **8. Public debt.—(1) The public debt of the State of Assam 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 public debt of that State, and Meghalaya shall be liable to pay to the State of Assam its share of the sums due’ from time to time for the servicing and repayment of the debt. (2) For the purpose of determining the share referred to in sub-paragraph (1), the debt shall be deemed to be divided between the States of Assam and Meghalaya as if it were a debt referred to in sub-paragraph (4). (3) Out of so much of the public debt of Assam, other than the public debt referred to in sub-paragraph (1), as is equal to the amount of loans and advances made by that State and outstanding on the appointed day, the share of the liability of Meghalaya shall be for an amount equal to the loans and advances recoverable by Meghalaya under paragraph 5. (4) The remaining public debt of the State of Assam attributable to loans taken from the Central Government, the Reserve Bank of India or any other body or bank outstanding immediately before the appointed day, shall be divided between the State of Assam and Meghalaya in proportion to the total capital expenditure on all capital works and other capital outlays incurred or deemed to have been incurred by the State of Assam up to the appointed day and the total expenditure on all capital works and other capital outlays incurred or deemed to have been incurred up to that day in Meghalaya for purposes of the autonomous State. (5) For the purposes of this paragraph, ―Government security‖ means a security created and issued by the State of Assam for the purpose of raising a public loan and having any of the forms specified in, or prescribed under clause (2) of section 2 of the Public Debt Act, 1944 (18 of 1944). **9. Refund of taxes collected in excess.—After the appointed day, it shall be the liability of** Meghalaya to refund any tax or duty on property, including land revenue, collected in excess on any property situate in Meghalaya or any other tax or duty collected in excess, if the place of assessment of that tax or duty is situate in Meghalaya. Provided that nothing in this paragraph shall apply to the refund of any tax or duty which Meghalaya is not competent to collect. **10. Deposits, etc. —The liability of the State of Assam in respect of any civil deposit or local fund** deposit made before the appointed day in any place situate in Meghalaya, shall become the liability of Meghalaya if the deposit is for any purpose of the autonomous State. **11. Provident Fund.—The liability of the State of Assam in respect of the Provident Fund account of** a Government servant required to serve in connection with the affairs of Meghalaya under sub-section (3) of section 65 shall, on and from the appointed day, be the liability of Meghalaya. 29 ----- **12. Pensions.—The liability of the State of Assam or Meghalaya in respect of pensions shall be** apportioned between the two in such manner as may be agreed upon between them or in default of such agreement, in such manner as the Central Government may, by order, specify. **13. Contracts.—(1) Where, before the appointed day, the State of Assam has made any contract in** the exercise of its executive power for any of the purposes of that State, that contract shall be deemed to have been made in the exercise of the executive power of Meghalaya if the purpose is as from that day exclusively a purpose of the autonomous State, and all rights and liabilities which have accrued, or may accrue under any such contract shall, to the extent to which they would have been rights or liabilities of Assam, be rights or liabilities of Meghalaya. (2) For the purposes of this paragraph, 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 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 paragraph shall have effect subject to the other provisions of this Schedule relating to the apportionment of liabilities in respect of loans, guarantees and other financial obligations; and bank balances and securities shall, notwithstanding that they partake of the nature of contractual rights, be dealt with under those provisions. **14. Liability in respect of actionable wrong.—Where, immediately before the appointed day, the** State of Assam is subject to any liability in respect of an actionable wrong other than a breach of contract, that liability shall be the liability of Meghalaya if it relates thereafter to a purpose of the autonomous State. **15. Liability as guarantor.—Where, immediately before the appointed day, the State of Assam is** liable as guarantor in respect of any liability of a registered co-operative society or other person, that liability shall be the liability of Meghalaya if it relates thereafter to a purpose of the autonomous State. **16. Items in suspense.—If any item in suspense relating to a purpose of the autonomous State is** ultimately found to affect an asset or liability of the nature referred to in any of the foregoing paragraphs of this Schedule, it shall be dealt with in accordance with that provision. **17. Residuary provisions.—The benefit or burden of any asset or liability of the State of Assam** which relates to a purpose of the autonomous State and which is not dealt with in any of the foregoing paragraphs of this Schedule, shall pass to Meghalaya. **18. Apportionment of assets and liabilities by agreement.—Where the States of Assam and** Meghalaya agree that the benefit or burden of any particular asset or liability should be apportioned between them in a manner other than that as provided for in the foregoing paragraphs of this Schedule, then, notwithstanding anything contained therein, the benefit or burden of that asset or liability shall be apportioned in the manner agreed upon. **19. Power of Central Government to order allocation or adjustment in certain cases.—Where,** by virtue of any of the provisions of this Schedule, the State of Assam or Meghalaya is entitled to any property, or obtains any benefits or becomes subject to any liability and the Central Government is of opinion, on a reference made to it within a period of three years from the appointed day by the State of Assam or the autonomous State, as the case may be, that it is just and equitable that that property or those benefits should be transferred to one of the two States or shared between them, or that a contribution towards that liability should be made by either of the States, the said property or benefits shall be allocated in such manner, or Meghalaya or the State of Assam shall make to the other State primarily subject to the liability such contribution in respect thereof, as the Central Government may, after consultation with the Government of Assam and the Government of Meghalaya, by order, determine. 30 ----- THE FOURTH SCHEDULE (See section 74) AMENDMENTS TO THE SIXTH SCHEDULE OF THE CONSTITUTION 1. In the Sixth Schedule to the Constitution (hereinafter referred to as the Sixth Schedule), in sub-paragraph (3) of paragraph 1, after clause (f), the following clause shall be inserted, namely:— ―(ff) alter the name of any autonomous district,‖; 2. In paragraph 2 of the Sixth Schedule,— (i) for sub-paragraph (1), the following sub-paragraph shall be substituted, namely:— ―(1) There shall be a District Council for each autonomous district consisting of not more than thirty members, of whom not more than four persons shall be nominated by the Governor and the rest shall be elected on the basis of adult suffrage.‖; (ii) in sub-paragraph (6)— (a) in clause (e), for the words ―such Councils‖, the words ―Regional Councils‖ shall be substituted; (b) in clause (g), after the words ―conduct of business‖, the brackets and words ―(including the power to act notwithstanding any vacancy)‖ shall be inserted; (iii) after sub-paragraph (6) the following sub-paragraph shall be inserted, namely:— ―(6A) The elected members of the District Council shall hold office for a term of five years from the date appointed for the first meeting of the Council after the general elections to the Council, unless the District Council is sooner dissolved under paragraph 16 and a nominated member shall hold office at the pleasure of the Governor: Provided that the said period of five years may, while a Proclamation of Emergency is in operation or if circumstances exist which, in the opinion of the Governor, render the holding of elections impracticable, be extended by the Governor for a period not exceeding one year at a time and in any case where a Proclamation of Emergency is in operation not extending beyond a period of six months after the Proclamation has ceased to operate: Provided further that a member elected to fill a casual vacancy shall hold office only for the remainder of the term of office of the member whom he replaces.‖; (iv) in sub-paragraph (7)— (a) after the words ―make rules‖, where they first occur the words ―with the approval of the Governor‖ shall be inserted, and where they occur a second time, the words ―with like approval‖ shall be inserted; (b) the second proviso shall be omitted. 3. In paragraph 3 of the Sixth Schedule, in sub-paragraph (1),— (i) in the proviso to clause (a), for the words ―Government of Assam‖, the words ―Government of Assam or the Government of Meghalaya‖ shall be substituted; (ii) for clause (i), the following clause shall be substituted, namely:— ―(i) ―marriage and divorce;‖. 4. In paragraph 4 of the Sixth Schedule, the following sub-paragraph shall be inserted at the end, namely:— ―(5) On and from such date as the President may, after consulting the Government of Assam or, as the case may be, the Government of Meghalaya, by notification appoint in this behalf, this paragraph shall have effect in relation to such autonomous district or region as may be specified in the notification, as if— (i) in sub-paragraph (1), for the words ―between the parties all of whom belong to Scheduled Tribes within such areas, other than suits and cases to which the provisions of 31 ----- sub-paragraph (1) of paragraph 5 of this Schedule apply,‖, the words ―not being suits and cases of the nature referred to in sub-paragraph (1) of paragraph 5 of this Schedule, which the Governor may specify in this behalf,‖ had been substituted; (ii) sub-paragraphs (2) and (3) had been omitted; (iii) in sub-paragraph (4)— (a) for the words ―A Regional Council or District Council, as the case may be, may with the previous approval of the Governor make rules regulating‖, the words ―The Governor may make rules regulating‖ had been substituted; and (b) for clause (a), the following clause had been substituted, namely:— ―(a) the constitution of village councils and courts, the powers to be exercised by them under this paragraph and the courts to which appeals from the decisions of village councils and courts shall lie‖; (c) for clause (c), the following clause had been substituted, namely:— ―(c) the transfer of appeals and other proceedings pending before the Regional or District Council or any court constituted by such Council immediately before the date appointed by the President under sub-paragraph (5);‖, and (d) in clause (e), for the words, brackets and figures ―sub-paragraphs (1) and (2)‖, the word, brackets and figures ―sub-paragraph (1) ― had been substituted.‖. 5. In paragraph 5 of the Sixth Schedule, after sub-paragraph (3), the following sub-paragraph shall be inserted, namely:— ―(4) On and from the date appointed by the President under sub-paragraph (5) of paragraph 4 in relation to any autonomous district or autonomous region, nothing contained in this paragraph shall, in its application to that district or region, be deemed to authorise the Governor to confer on the District Council or Regional Council or on courts constituted by the District Council any of the powers referred to in sub-paragraph (1) of this paragraph.‖. 6. For paragraph 6 of the Sixth Schedule, the following paragraph shall be substituted, namely:— ―6. Powers of the District Council to establish primary schools, etc.—(1) The District Council for an autonomous district may establish, construct, or manage primary schools, dispensaries, markets, cattle pounds, ferries, fisheries, roads, road transport and waterways in the district and may, with the previous approval of the Governor, make regulations for the regulation and control thereof and, in particular, may prescribe the language and the manner in which primary education shall be imparted in the primary schools in the district. (2) The Governor may, with the consent of any District Council entrust either conditionally or unconditionally to that Council or to its officers functions in relation to agriculture, animal husbandry, community projects, co-operative societies, social welfare, village planning or any other matter to which the executive power of the State of Assam or Meghalaya, as the case may be, extends.‖. 7. In paragraph 7 of the Sixth Schedule, for sub-paragraph (2), the following sub-paragraphs shall be substituted, namely:— ―(2) The Governor may make rules for the management of the District Fund, or, as the case may be, the Regional Fund and for the procedure to be followed in respect of payment of money into the said fund, the withdrawal of moneys therefrom, the custody of moneys therein and any other matter connected with or ancillary to the matters aforesaid. (3) The accounts of the District Council or, as the case may be, the Regional Council shall be kept in such form as the Comptroller and Auditor-General of India may, with the approval of the President, prescribe. (4) The Comptroller and Auditor-General, shall cause the accounts of the District and Regional Councils to be audited in such manner as he may think fit, and the reports of the Comptroller and 32 ----- Auditor-General relating to such accounts shall be submitted to the Governor who shall cause them to be laid before the Council.‖ 8. In paragraph 8 of the Sixth Schedule, in sub-paragraph (4), the following words shall be inserted at the end, namely:— ―and every such regulation shall be submitted forthwith to the Governor and, until assented to by him, shall have no effect.‖ 9. After paragraph 12 of the Sixth Schedule, the following paragraph shall be inserted, namely:— ―12A. Special provisions as respects application of laws in Meghalaya.—(1) Notwithstanding anything contained in paragraph 12,— (a) if any provision of a law made by a District or Regional Council in Meghalaya with respect to any of the matters specified in clause (b) or clause (c) of sub-paragraph (1) of paragraph 3 of this Schedule is repugnant to any provision of a law made by the Legislature of the State of Assam with respect to any project declared by the Legislature of that State to be of State importance, then, the law made by the District Council or, as the case may be, the Regional Council, whether made before or after the law made by the Legislature of the, State of Assam, shall, to the extent of the repugnancy, be void and the law made by the Legislature of the State of Assam shall prevail; (b) if any provision of a law made by a District or Regional Council in Meghalaya with respect to any of the matters specified in clause (b) or clause (c) or clause (f) of sub-paragraph (1) of paragraph 3 of this Schedule is repugnant to any provision of a law made by the Legislature of Meghalaya with respect to that matter, then, the law made by the District Council or, as the case may be, the Regional Council, whether made before or after the law made by the Legislature of Meghalaya shall to the extent of repugnancy, be void and the law made by the Legislature of Meghalaya shall prevail. (2) If it appears to two or more District Councils or Regional Councils in Meghalaya to be desirable that any of the matters with respect to which they have power to make laws under paragraph 3 of this Schedule should be regulated by the Legislature of Meghalaya by law, and if resolutions to that effect are passed by the said District Councils or Regional Councils, it shall be lawful for the Legislature of Meghalaya to pass an Act regulating that matter accordingly, and any Act so passed shall apply to the autonomous districts or regions concerned, and to any other autonomous district or region the District or Regional Council whereof adopts it afterwards by resolution passed in this behalf. (3) Any Act passed by the Legislature of Meghalaya under sub-paragraph (2) of this paragraph may be amended or repealed by an Act of the Legislature of Meghalaya passed in like manner, but shall not, as respects any autonomous district or region to which it applies, be amended or repealed by any law made by the District or Regional Council thereof. (4) The Governor may, with respect to any Act of the Legislature of the State of Assam, and the President may, with respect to any Act of Parliament, by public notification direct, that it shall not apply to Meghalaya, or shall apply thereto, or to any part thereof subject to such exceptions or modifications as he may specify in the notification, and any such direction may be so given as to have retrospective effect. (5) The provisions of clause (b) of sub-paragraph (1) of paragraph 12 shall not apply to Meghalaya.‖ 10. In sub-paragraph (1) of paragraph 15 of the Sixth Schedule, after the words ―safety of India‖, the words ―or is likely to be prejudicial to public order‖ shall be inserted. 33 ----- 11. Paragraph 16 of Sixth Schedule shall be re-numbered as sub-paragraph (1) of that paragraph, and to that paragraph as so re-numbered the following sub-paragraphs shall be added, namely:— ―(2) If at any time the Governor is satisfied that a situation has arisen in which the administration of an autonomous district or region cannot be carried on in accordance with the provisions of this Schedule, he may, by public notification, assume to himself all or any of the functions or powers vested in or exercisable by the District Council or, as the case may be, the Regional Council and declare that such functions or powers shall be exercisable by such person or authority as he may specify in this behalf, for a period not exceeding six months: Provided that the Governor may by a further order or orders extend the operation of the initial order by a period not exceeding six months on each occasion. (3) Every order made under sub-paragraph (2) of this paragraph with the reasons therefor shall be laid before the Legislature of the State and shall cease to operate at the expiration of thirty days from the date on which the State Legislature first sits after the issue of the order, unless, before the expiry of that period it has been approved by the State Legislature.‖ 12. After paragraph 20 of the Sixth Schedule, the following paragraph shall be inserted, namely:— ―20A. Interpretation.—(1) In this Schedule,— (a) ―Governor‖, in relation to Meghalaya, means the Governor of Assam acting on the aid and advice of the Council of Ministers for Meghalaya; except in so far as he is by or under this Schedule required to exercise his functions in his discretion or to exercise his powers under sub-paragraph (4) of paragraph 12A; (b) ―Meghalaya‖ means the autonomous State formed under article 244A. (2) Subject to any express provision made in this behalf, the provisions of this Schedule shall, in their application to Meghalaya, have effect— (i) as if references to the Government of Assam, State of Assam, State and Legislature of the State were references respectively to the Government of Meghalaya, the autonomous State of Meghalaya, Meghalaya and the Legislature of Meghalaya; (ii) as if in paragraph 13, the words and figures ―under article 202‖ had been omitted.‖ 34 -----

31-Mar-1970

05

The Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970

https://www.indiacode.nic.in/bitstream/123456789/1373/4/a1970_5.pdf

central

# THE BANKING COMPANIES (ACQUISITION AND TRANSFER OF UNDERTAKINGS) ACT, 1970 ___________ ARRANGEMENT OF SECTIONS ____________ CHAPTER I PRELIMINAR SECTIONS 1. Short title and commencement 2. Definitions. CHAPTER II TRANSFER OF THE UNDERTAKINGSOF EXISTING BANKS AND SHARE CAPITALS OF THE CORRESPONDING NEW BANKS 3. Establishment of corresponding new banks and business thereof. 3A. Trust not to be entered on the register. 3B. Register of beneficial owners. 4. Undertaking of existing banks to vest in corresponding new banks. 5. General effect of vesting. CHAPTER III PAYMENT OF COMPENSATION 6. Payment of compensation. CHAPTER IV MANAGEMENT OF CORRESPONDING NEW BANKS 7. Head office and management. 8. Corresponding new banks to be guided by the directions of the Central Government. 9. Power of Central Government to make scheme. 9A. Power of Reserve Bank to appoint additional director. CHAPTER V MISCELLANEOUS 10. Closure of accounts and disposal of profits. 10A. Annual general meeting. 10B. Transfer of unpaid or unclaimed dividend to Unpaid Dividend Account. 11. Corresponding new bank deemed to be an Indian company. 12. Removal of Chairman from office. 12A. Bonus. 13. Obligations as to fidelity and secrecy. 14. Custodian to be public servant. 15. Certain defects not to invalidate acts or proceedings. 16. Indemnity. 16A. Arrangement with corresponding new bank on appointment of directors to prevail. 17. References to existing banks on and from the commencement of this Act. 18. Dissolution. 18A. Supersession of Board in certain cases. 1 ----- SECTIONS 19. Power to make regulations. 20. Amendment of certain enactments. 21. Repeal and savings. THE FIRST SCHEDULE. THE SECOND SCHEDULE. THE THIRD SCHEDULE. 2 ----- # THE BANKING COMPANIES (ACQUISITION AND TRANSFER OF UNDERTAKINGS) ACT, 1970 ACT NO. 5 OF 1970 [31st March, 1970.] An Act to provide for the acquisition and transfer of the undertakings of certain banking companies, having regard to their size, resources, coverage and organisation, in order to control the heights of the economy and to meet progressively, and serve better, the needs of development of the economy in conformity with national policy and objectives and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Twenty-first Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title and commencement.—(1) This Act may be called the Banking Companies** (Acquisition and Transfer of Undertakings) Act, 1970. (2) The provisions of this Act (except section 21,which shall come into force on the appointed day) shall be deemed to have come into force on the 19th day of July, 1969. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “appointed day” means the 14th day of February, 1970, being the day on which the Banking Companies (Acquisition and Transfer of Undertakings) Ordinance, 1970 (Ord. 3 of 1970), was promulgated; (b) “banking company” does not include a foreign company within the meaning of section 591 of the Companies Act, 1956 (1 of 1956); (c) “commencement of this Act” means the 19th day of July, 1969; (d) “corresponding new bank”, in relation to an existing bank, means the body corporate specified against such bank in column 2 of the First Schedule; (e) “Custodian” means the person who becomes, or is appointed, a Custodian under section 7; (f) “existing bank” means a banking company specified in column 1 of the First Schedule, being a company the deposits of which, as shown in the return as on the last Friday of June, 1969, furnished to the Reserve Bank under section 27 of the Banking Regulation Act, 1949 (10 of 1949), were not less than rupees fifty crores; 1[(fa) “prescribed” means prescribed by regulations made under this Act;] (g) “Schedule” means a Schedule to this Act; (h) words and expressions used herein and not defined but defined in the Banking Regulation Act, 1949 (10 of 1949), have the meanings respectively assigned to them in that Act; 1[(i) words and expressions used herein and not defined either in this Act or in the Banking Regulation Act,1949 (10 of 1949) but defined in the Companies Act, 1956 (1 of 1956) shall have the meanings respectively assigned to them in the Companies Act, 1956.] 1. Ins. by Act 37 of 1994, s. 2 (w.e.f. 15-7-1994). 3 ----- CHAPTER II 1 [TRANSFER OF THE UNDERTAKINGSOF EXISTING BANKS AND SHARE CAPITALS OF THE CORRESPONDING NEW BANKS] **3. Establishment of corresponding new banks and business thereof.—(1) On the commencement** of this Act, there shall be constituted such corresponding new banks as are specified in the First Schedule. (2) The paid-up capital of every corresponding new bank constituted under sub-section (1) shall, until any provision is made in this behalf in any scheme made under section 9, be equal to the paid-up capital of the existing bank in relation to which it is the corresponding new bank. 2[3[(2A) Subject to the provisions of this Act, the authorised capital of every corresponding new bank shall be three thousand crores of rupees divided into three hundred crores of fully paid-up shares of ten rupees each: Provided that the corresponding new bank may reduce the nominal or face value of the shares, and divide the authorised capital into such denomination as it may decide with the prior approval of the Reserve Bank: Provided further that the Central Government may in consultation with the Reserve Bank and by notification in the Official Gazette increase or reduce the authorised capital as it deems fit so however that the shares in all cases shall be fully paid-up shares.] (2B) Notwithstanding anything contained in sub-section (2), the paid up capital of every corresponding new bank constituted under sub-section (1) may from time to time be increased by— (a) such amounts as the Board of Directors of the corresponding new bank may, after consultation with the Reserve Bank and with the previous sanction of the Central Government, transfer from the reserve fund established by such bank to such paid-up capital; (b) such amounts as the Central Government may, after consultation with the Reserve Bank, contribute to such paid up capital; 4[(c) such amounts as the Board of Directors of the corresponding new bank may, after consultation with the Reserve Bank and with the previous sanction of the Central Government, raise whether by public issue[5][or rights issue or by issue of bonus shares] or preferential allotment or private placement, of equity shares or preference shares in accordance with the procedure as may be prescribed, so, however, that the Central Government shall, at all times hold not less than fifty-one per cent. of the paid-up capital consisting of equity shares of each corresponding new bank: Provided that the issue of preference shares shall be in accordance with the guidelines framed by the Reserve Bank specifying the class of preference shares, the extent of issue of each class of such preference shares (whether perpetual or irredeemable or redeemable) and the terms and conditions subject to which, each class of preference shares may be issued.] 6[(2BB) Notwithstanding anything contained in sub-section (2) the paid-up capital of a corresponding new bank constituted under sub-section (1) may, from time to time and before any paid-up capital is [7][raised by public issue [5][or rights issue or by issue of bonus shares]or preferential allotment or private placement] under clause (c) of sub-section (2B), be reduced by— (a) the Central Government, after consultation with the Reserve Bank, by cancelling any paid-up capital which is lost, or is unrepresented by available assets; 1. Subs. by Act 37 of 1994, s. 3, for the heading (w.e.f. 15-7-1994). 2. Subs. by s. 4, ibid., for sub-sections (2A) and (3) (w.e.f. 15-7-1994). 3. Subs. by Act 4 of 2013, s. 15, for sub-section (2A) (w.e.f. 18-1-2013). 4. Subs. by Act 45 of 2006, s. 2, for clause (c) (w.e.f. 16-10-2006). 5. Ins. by Act 4 of 2013, s. 15 (w.e.f. 18-1-2013). 6. Ins. by Act 8 of 1995, s. 2 (w.e.f. 21-1-1995). 7. Subs. by Act 45 of 2006, s. 2, for “raised by public issue” (w.e.f. 16-10-2006). 4 ----- (b) the Board of Directors, after consultation with the Reserve Bank and with the previous sanction of the Central Government, by paying off any paid-up capital which is in excess of the wants of the corresponding new bank: Provided that in a case where such capital is lost, or is unrepresented by available assets because of amalgamation of another corresponding new bank or a corresponding new bank as defined in clause (d) of section 2 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 (40 of 1980) with the corresponding new bank, such reduction may be done, either prospectively or retrospectively, but not from a date earlier than the date of such amalgamation. (2BBA)(a) A corresponding new bank may, from time to time and after any paid-up capital has been [1][raised by public issue[2][or rights issue or by issue of bonus shares]or preferential allotment or private placement] under clause (c) of sub-section (2B), by resolution passed at an annual general meeting of the shareholders entitled to vote, voting in person, or, where proxies are allowed, by proxy, and the votes cast in favour of the resolution are not less than three times the number of the votes, if any, cast against the resolution by the shareholders so entitled and voting, reduce its paid-up capital in any way. (b) Without prejudice to the generality of the foregoing power, the paid-up capital may be reduced by— (i) extinguishing or reducing the liability on any of its shares in respect of share capital not paid-up; (ii) either with or without extinguishing or reducing liability on any of its paid-up shares, cancelling any paid-up capital which is lost, or is unrepresented by available assets; or (iii) either with or without extinguishing or reducing liability on any of its paid-up shares, paying off any paid-up share capital which is in excess of the wants of the corresponding new bank. (2BBB) Notwithstanding anything contained in sub-section (2BB) or sub-section (2BBA), the paid-up capital of a corresponding new bank shall not be reduced at any time so as to render it below twenty-five per cent.of the paid-up capital of that bank as on the date of commencement of the Banking Companies (Acquisition and Transfer of Undertakings) Amendment Act, 1995 (8 of 1985).] (2C) The entire paid-up capital of a corresponding new bank, except the paid-up capital[1][raised from public by public issue[2][or rights issue or by issue of bonus shares]or preferential allotment or private placement] under clause (c) of sub-section (2B), shall stand vested in, and allotted to, the Central Government. (2D) The shares of every corresponding new bank not held by the Central Government shall be freely transferable: Provided that no individual or company resident outside India or any company incorporated under any law not in force in India or any branch of such company, whether resident outside India or not, shall at any time hold or acquire by transfer or otherwise shares of the corresponding new bank so that such investment in aggregate exceed the percentage, not being more than twenty per cent. of the paid-up capital, as may be specified by the Central Government by notification in the Official Gazette. _Explanation.—For the purposes of this clause,“company” means any body corporate and includes a_ firm or other association of individuals. (2E) No shareholder of the corresponding new bank, other than the Central Government, shall be entitled to exercise voting rights in respect of any shares held by him in excess of[3][ten per cent.] of the total voting rights of all the shareholders of the corresponding new bank. 1. Subs. by Act 45 of 2006, s. 2, for “raised by public issue” (w.e.f. 16-10-2006). 2. Ins. by Act 4 of 2013, s. 15 (w.e.f. 18-1-2013). 3. Subs. by s.15, ibid., for “one per cent.” (w.e.f. 18-1-2013). 5 ----- 1[Provided that the shareholder holding any preference share capital in the corresponding new bank shall, in respect of such capital, have a right to vote only on resolutions placed before suchcorresponding new bank which directly affects the rights attached to his preference shares: Provided further that [2][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 the total voting rights of all the shareholders holding preference share capital only.] (2F) Every corresponding new bank shall keep at its head office a register, in one or more books, of the shareholders (in this Act referred to as the register) and shall enter therein the following particulars:— (i) the names, addresses and occupations, if any, of the shareholders and a statement of the shares held by each shareholder, distinguishing each share by its denoting number; (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: 3[Provided that nothing in this sub-section shall apply to the shares held with a depository.] (2G) Notwithstanding anything contained in sub-section (2F), it shall be lawful for every corresponding new bank to keep the register in computer floppies or diskettes 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, certified to be a true copy under the hand of an officer of the corresponding new bank authorised in this behalf by it, shall, in all legal proceedings, be admissible in evidence.] (4) Every corresponding new bank shall be a body corporate with perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property, and to contract, and may sue and be sued in its name. (5) Every corresponding new bank shall 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 [4][one or more of the other forms of business] specified in sub-section (1) of section 6 of that Act. (6) Every corresponding new bank shall establish a reserve fund to which shall be transferred the share premiums and the balance, if any, standing to the credit of the reserve fund of the existing bank in relation to which it is the corresponding new bank, and such further sums, if any, as may be transferred in accordance with the provisions of section 17 of the Banking Regulation Act, 1949 (10 of 1949). 5[(7) (i) The corresponding new 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, 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. (ii) The terms and conditions on which any such agency business shall be carried on by the corresponding new bank on behalf of the Reserve Bank shall be such as may be agreed upon. (iii) If no agreement can be reached on any matter referred to in clause (ii), or if a dispute arises between the corresponding new bank and the Reserve Bank as to the interpretation of any agreement 1. Ins. by Act 45 of 2006, s. 2 (w.e.f. 16-10-2006). 2. Subs. by Act 4 of 2013, s. 15, for certain words (w.e.f. 18-1-2013). 3. Ins. by Act 8 of 1997, s. 16 (w.e.f. 15-1-1997). 4. Subs. by Act 1 of 1984, s. 65, for “one or more forms of business” (w.e.f.15-2-1984). 5. Ins. by s. 65, ibid. (w.e.f. 15-2-1984). 6 ----- between them, the matter shall be referred to the Central Government and the decision of the Central Government thereon shall be final. (iv) The corresponding new bank may transact any business or perform any functions entrusted to it under clause (i), by itself or through any agent approved by the Reserve Bank.] **1[3A.Trust not to be entered on the register.—Notwithstanding anything contained in** sub-section (2F) of section 3, no notice of any trust, express, implied or constructive, shall be entered on the register, or be receivable, by the corresponding new bank:] 2[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.] 3[3B. 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 purpose of this Act. _Explanation.—For the purposes of section 3, section 3A 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).] **4. Undertaking of existing banks to vest in corresponding new banks.—On the commencement of** this Act, the undertaking of every existing bank shall be transferred to, and shall vest in, the corresponding new bank. **5. General effect of vesting.—(1) The undertaking of each existing bank shall be deemed to include** all assets, rights, powers, authorities and privileges and all property, movable and immovable, cash balances, reserve funds, investments and all other rights and interests in, or arising out of, such property as were immediately before the commencement of this Act in the ownership, possession, power or control of the existing bank in relation to the undertaking, whether within or without India, and all books of account, registers, records and all other documents of whatever nature relating thereto and shall also be deemed to include all borrowings, liabilities and obligations of whatever kind then subsisting of the existing bank in relation to the undertaking. (2) If, according to the laws of any country outside India, the provisions of this Act by themselves are not effective to transfer or vest any asset or liability situated in that country which forms part of the undertaking of an existing bank to, or in, the corresponding new bank, the affairs of the existing bank in relation to such asset or liability shall, on and from the commencement of this Act, stand entrusted to the chief executive officer for the time being of the corresponding new bankand the chief executive officer may exercise all powers and do all such acts and things as may be exercised or done by the existing bank for the purpose of effectively transferring such assets and discharging such liabilities. (3) The chief executive officer of the corresponding new bank shall, in exercise of the powers conferred on him by sub-section (2), take all such steps as may be required by the laws of any such country outside India for the purpose of effecting such transfer or vesting, and may either himself or through any person authorised by him in this behalf realise any asset and discharge any liability of the existing bank. (4) Unless otherwise expressly provided by 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 commencement of this Act and to which the existing bank is a party or which are in favour of the existing bank shall be of as full force and effect against or in favour of the corresponding new bank, and may be enforced or acted upon as fully and effectually as if in the place of the existing bank the corresponding new bank had been a party thereto or as if they had been issued in favour of the corresponding new bank. 1. Ins. by Act 37 of 1994, s. 5 (w.e.f. 15-7-1994). 2. Ins. by Act 8 of 1997, s. 17 (w.e.f. 15-1-1997). 3. Ins. by s. 18, ibid. (w.e.f. 15-1-1997). 7 ----- (5) If, on the appointed day, any suit, appeal or other proceeding of whatever nature in relation to any business of the undertaking which has been transferred under section 4, is pending by or against the existing 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 existing 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 corresponding new bank. (6) Nothing in this Act shall be construed as applying to the assets, rights, powers, authorities and privileges and property, movable and immovable, cash balances and investments in any country outside India (and other rights and interests in, or arising out of, such property) and borrowings, liabilities and obligations of whatever kind subsisting at the commencement of this Act, of any existing bank operating in that country if, under the laws in force in that country, it is not permissible for a banking company, owned or controlled by Government, to carry on the business of banking there. CHAPTER III PAYMENT OF COMPENSATION **6. Payment of compensation.—(1) Every existing bank shall be given by the Central Government** such compensation in respect of the transfer, under section 4, to the corresponding new bank of the undertaking of the existing bank as is specified against each such bank in the Second Schedule. (2) The amount of compensation referred to in sub-section (1) shall be given to every existing bank, at its option,— (a) in case (to be paid by cheque drawn on the Reserve Bank) in three equal annual instalments, the amount of each instalment carrying interest at the rate of four per cent. per annum from the commencement of this Act, or (b) in saleable or otherwise transferable promissory notes or stock certificates of the Central Government issued and repayable at par, and maturing at the end of— (i) ten years from the commencement of this Act and carrying interest from such commencement at the rate of four and a half per cent. per annum, or (ii) thirty years from the commencement of this Act and carrying interest from such commencement at the rate of five and a half per cent. per annum, or (c) partly in cash (to be paid by cheque drawn on the Reserve Bank) and partly in such number of securities specified in sub-clause (i) or sub-clause (ii), or both, of clause (b), as may be required by the existing bank, or (d) partly in such number of securities specified in sub-clause (i) of clause (b) and partly in such number of securities specified in sub-clause (ii) of that clause, as may be required by the existing bank. (3) The first of the three equal annual instalments referred to in clause (a) of sub-section (2) shall be paid, and the securities referred to in clause (b) of that sub-section shall be issued, within sixty days from the date of receipt by the Central Government of the option referred to in that sub-section, or where no such option has been exercised, from the latest date before which such option ought to have been exercised. (4) The option referred to in sub-section (2) shall be exercised by every existing bank before the expiry of a period of three months from the appointed day (or within such further time, not exceeding three months, as the Central Government may, on the application of the existing bank, allow) and the option so exercised shall be final and shall not be altered or rescinded after it has been exercised. (5) Any existing bank which omits or fails to exercise the option referred to in sub-section (2), within the time specified in sub-section (4), shall be deemed to have opted for payment in securities specified in sub-clause (i) of clause (b) of sub-section (2). (6) Notwithstanding anything contained in this section, any existing bank may, before the expiry of three months from the appointed day (or within such further time, not exceeding three months, as the 8 ----- Central Government may, on the application of the existing bank, allow) make an application in writing to the Central Government for an interim payment of an amount equal to seventy-five per cent. of the amount of the paid-up capital of such bank, as on the commencement of this Act, indicating therein whether the payment is desired in cash or in securities specified in sub-section (2), or in both. (7) The Central Government shall, within sixty days from the receipt of the application referred to in sub-section (6), make the interim payment to the existing bank in accordance with the option indicated in such application. (8) The interim payment made to an existing bank under sub-section (7) shall be set off against the total amount of compensation payable to such existing bank under this Act and the balance of the compensation remaining outstanding after such payment shall be given to the existing bank in accordance with the option exercised, or deemed to have been exercised, under sub-section (4) or sub-section (5), as the case may be: Provided that where any part of the interim payment is obtained by an existing bank in cash, the payment so obtained shall be set off, in the first instance, against the first instalmentof the cash payment referred in sub-section (2), and in case the payment so obtained exceeds the amount of the first instalment, the excess amount shall be adjusted against the second instalment and the balance of such excess amount, if any, against the third instalment of the cash payment. (9) Any payment purported to have been made to an existing bank under sub-section (3) of section 15 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1969 (22 of 1969), shall be deducted by the Central Government from the amount of the interim payment made to such existing bank under sub-section (7), or where no such interim payment has been made, from the total amount of the compensation due to such existing bank, and the amount so deducted shall be paid by the Central Government to the corresponding new bank. CHAPTER IV MANAGEMENT OF CORRESPONDING NEW BANKS **7. Head office and management.—(1) The head office of each corresponding new bank shall be at** such place as the Central Government may, by notification in the Official Gazette, specify in this behalf, and, until any such place is so specified, shall be at such place at which the head office of the existing bank, in relation to which it is the corresponding new bank, is on the commencement of this Act, located. (2) The general superintendence, direction and management of the affairs and business of a corresponding new bank shall vest in a Board of Directors which shall be entitled to exercise all such powers and do all such acts and things as the corresponding new bank isauthorised to exercise and do. (3) (a) As soon as may be after the appointed day, the Central Government shall, in consultation with the Reserve Bank, constitute the first Board of Directors of a corresponding new bank, consisting of not more than seven persons, to be appointed by the Central Government, and every director so appointed shall hold office until the Board of Directors of such corresponding new bank is constituted in accordance with the scheme made under section 9: Provided that the Central Government may, if it is of opinion that it is necessary in the interests of the corresponding new bank so to do, remove a person from the membership of the first Board of Directors and appoint any other person in his place. (b) Every member of the first Board of Directors (not being an officer of the Central Government or of the Reserve Bank) shall receive such remuneration as is equal to the remuneration which a member of the Board of Directors of the existing bank was entitled to receive immediately before the commencement of this Act. (4) Until the first Board of Directors is appointed by the Central Government under sub-section (3), the general superintendence, direction and management of the affairs and business of a corresponding new bank shall vest in a Custodian, who shall be the chief executive officer of that bank and may exercise all powers and do all acts and things as may be exercised or done by that bank. 9 ----- (5) The Chairman of an existing bank holding office as such immediately before the commencement of this Act, shall be the Custodian of the corresponding new bank and shall receive the same emoluments as he was receiving immediately before such commencement: Provided that the Central Government may, if the Chairman of an existing bank declines to become, or to continue to function as, a Custodian of the corresponding new bank, or, if it is of opinion that it is necessary in the interests of the corresponding new bank so to do, appoint any other person as the Custodian of a corresponding new bank and the Custodian so appointed shall receive such emoluments as the Central Government may specify in this behalf. (6) The Custodian shall hold office during the pleasure of the Central Government. **8. Corresponding new banks to be guided by the directions of the Central Government.—Every** corresponding new bank shall, in the discharge of its functions, be guided by such directions in regard to matters of policy involving public interest as the Central Government may, after consultation with the Governor of the Reserve Bank, give. **9. Power of Central Government to make scheme.—(1) The Central Government may, after** consultation with the Reserve Bank, make a scheme for carrying out the provisions of this Act. (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 capital structure of the corresponding new bank [1]***. (b) the constitution of the Board of Directors, by whatever name called, of the corresponding new bank and all such matters in connection therewith or incidental thereto as the Central Government may consider to be necessary or expedient; (c) the reconstitution of any corresponding new bank into two or more corporations, the amalgamation of any corresponding new bank with any other corresponding new bank or with another banking institution, the transfer of the whole or any part of the undertaking of a 2[corresponding new bank to any other corresponding new bank or banking institution] or the transfer of the whole or any part of the undertaking of any other banking institution to a corresponding new bank; 3[(ca) the manner in which the excess number of directors shall retire under second proviso to clause (i) of sub-section (3);] (d) such incidental, consequential and supplemental matters as may be necessary to carry out the provisions of this Act. 4[(3) Every Board of Directors of a corresponding new bank constituted under any scheme made under sub-section (1), shall include— 5[(a) not more than five whole-time directors to be appointed by the Central Government after consultation with the Reserve Bank: Provided that the Central Government, may, after consultation with the Reserve Bank, by notification published in the Official Gazette, post a whole-time director so appointed to any other corresponding new bank. _Explanation. — For the purposes of this clause, the expression “corresponding new bank” shall_ include a “corresponding new bank” as defined in clause (b) of section 2 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980;] (b) one Director who is an official of the Central Government to be nominated by the Central Government: 1. Certain words omitted by Act 37 of 1994, s. 6 (w.e.f. 3-4-1995). 2. Subs. by Act 66 of 1988, s. 31, for “corresponding new bank to any other banking institution” (w.e.f. 30-12-1988). 3. Ins. by Act 45 of 2006, s. 3 (w.e.f. 16-10-2006). 4. Subs. by Act 37 of 1994, s. 6, for sub-section (3) (w.e.f. 3-4-1995). 5. Subs. by Act 23 of 2019, s. 148, for clause (a) (w.e.f. 9-8-2019). 10 ----- Provided that no such Director shall be a Director of any other corresponding new bank. _Explanation.—For the purposes of this clause, the expression “corresponding new bank” shall include_ a corresponding new bank within the meaning of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 (40 of 1980); 1[(c) 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;] _Explanation.—For the purpose of this clause,_ “an officer of the Reserve Bank” includes an officer of the Reserve Bank who is deputed by that bank under section 54AA of the Reserve Bank of India Act, 1934 (2 of 1934) to any institution referred to therein; 2* - - - (e) one Director, from among such of the employees of the corresponding new bank who are workmen under clause (s) of section 2 of the Industrial Disputes Act, 1947 (14 of 1947), to be nominated by the Central Government in such manner as may be specified in a scheme made under this section; (f) one Director, from among the employees of the corresponding new bank who are not workmen under clause(s) of section 2 of the Industrial Disputes Act, 1947 (14 of 1947), to be nominated by the Central Government after consultation with the Reserve Bank; (g) one Director who has been a Chartered Accountant for not less than fifteen years to be nominated by the Central Government after consultation with the Reserve Bank; (h) subject to the provisions of clause (i), not more than six directors to be nominated by the Central Government; 3[(i) where the capital issued under clause (c) of sub-section (2B) of section 3 is— (I) not more than sixteen per cent.of the total paid-up capital, one director; (II) more than sixteen per cent. but not more than thirty-two per cent. of the total paid-up capital, two directors; (III) more than thirty-two per cent. of the total paid-up capital, three directors, to be elected by the shareholders, other than the Central Government, from amongst themselves: Provided that on the assumption of charge after election of any such director under this clause, equal number of directors nominated under clause (h) shall retire in such manner as may be specified in the scheme: Provided further that in case the number of directors elected, on or before the commencement of the Banking Companies (Acquisition and Transfer of Undertakings) and Financial Institutions Laws (Amendment) Act, 2006 (45 of 2006), in a corresponding new bank exceed the number of directors specified in sub-clause (I) or sub-clause (II) or sub-clause (III), as the case may be, such excess number of directors elected before such commencement shall retire in such manner as may be specified in the scheme and such directors shall not be entitled to claim any compensation for the premature retirement of their term of office.] (3A) Thedirectors to be nominated under clause (h) or to be elected under clause (i) of sub-section (3) shall— (A) have special knowledge or practical experience in respect of one or more of the followingMatters, namely:— (i) agricultural and rural economy, (ii) banking, (iii) co-operation, 1. Subs. by Act 45 of 2006, s. 3, for clause (c) (w.e.f. 16-10-2006). 2. Clause (d) omitted by s. 3, ibid. (w.e.f. 16-10-2006). 3. Subs. by s. 3, ibid., for clause (i) (w.e.f. 16-10-2006). 11 ----- (iv) economics, (v) finance, (vi) law, (vii) small scale industry, (viii) any other matter the special knowledge of, and practical experience in, which would, in the opinion of the Reserve Bank, be useful to the corresponding new bank; (B) represent the interests of depositors; or (C) represent the interest of farmers, workers and artisans. 1[(3AA) Without prejudice to the provisions of sub-section (3A) 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 (i) of sub-section (3) 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. (3AB) The Reserve Bank may also specify in the notification issued under sub-section (3AA), the authority to determine the fit and proper status, the manner of such determination, the procedure to be followed for such determination and such other matters as may be considered necessary or incidental thereto;] (3B) Where the Reserve Bank is of the opinion that any director of a corresponding new Bank elected under clause (i) of sub-section (3) does not fulfil the requirements of[2][sub-sections (3A) and (3AA)] it may, after giving to such director and the bank a reasonable opportunity of being heard, by order, remove such director and on such removal, the Board of Directors shall co-opt any other person fulfilling the requirements of[2][sub-sections (3A) and (3AA)] as a director in place of the person so removed till a director is duly elected by the shareholders of the corresponding new 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 corresponding new bank as a director.] (4) The Central Government may, after consultation with the Reserve Bank, make a scheme to amend or vary any scheme made under sub-section (1). 3[(5) On and from the date of coming into operation of a scheme made under this section with respect to any of the matters referred to in clause (c) of sub-section (2) or any matters incidental, consequential and supplemental thereto,— (a) the scheme shall be binding on the corresponding new bank or corporations or banking institutions, and also on the members, if any, the depositors, and other creditors and employees of each of them and on any other persons having any right or liability in relation to any of them including the trustees or other persons, managing or in any other manner connected with, any provident fund or other fund maintained by any of them; (b) the properties and assets of the corresponding new bank, or as the case may be, of the banking institution shall, by virtue of and to the extent provided in the scheme, stand transferred to, and vested in, and the liabilities of the corresponding new bank, or, as the case may be, of the banking institution shall, by virtue of, and to the extent provided in the scheme, stand transferred to, and become the liabilities of, the corporation or corporations brought into existence by reconstitution of the banking institution or the corresponding new bank, as the case may be. 4[Explanation I].—In this section, “banking institution” means a banking company and includes the State Bank of India or a subsidiary bank]. 1. Ins. by Act 45 of 2006, s. 3 (w.e.f. 16-10-2006). 2. Subs. by s. 3, ibid., for “sub-section (3A)” (w.e.f. 16-10-2006). 3. Ins. by Act 1 of 1984, s. 66 (w.e.f. 15-2-1984). 4. Explanation numbered as Explanation I thereof by Act 66 of 1988, s. 31 (w.e.f. 30-12-1988). 12 ----- 1[Explanation II.—For the purposes of this section, the expression “corresponding new bank” shall include a corresponding new bank within the meaning of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 (40 of 1980)]. 2[(6)] Every scheme 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 3[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 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. **4[9A. Power of Reserve Bank to appoint additional director.—(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 corresponding new bank or its depositors, it is necessary so to do, it may, from time to time, by order in writing 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 corresponding new bank. (2) Any person appointed as an 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 corresponding new bank. (3) For the purpose of reckoning any proportion of the total number of directors of the corresponding new bank, any additional director appointed under this section shall not be taken into account.] CHAPTER V MISCELLANEOUS **10. Closure of accounts and disposal of profits.—(1) Every corresponding new bank shall cause its** books to be closed and balanced on the 31st day of December [5][or such other date in each year as the Central Government may by notification in the Official Gazette, specify] and shall appoint, with the previous approval of the Reserve Bank, and auditors for the audit of its accounts: 6[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 closing and balancing of, or for other matters relating to the books in respect of the concerned years.] (2) Every auditor of a corresponding new bank shall be a person who is qualified to act as an auditor of a company under section 226 of the Companies Act, 1956 (1 of 1956), and shall receive such remuneration as the Reserve Bank may fix in consultation with the Central Government. (3) 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 corresponding new bank, and it shall be the duty of the auditor 1. Ins. by Act 66 of 1988, s. 31 (w.e.f. 30-12-1988). 2. Sub-section (5) re-numbered as sub-section (6) thereof by Act 1 of 1984, s. 66 (w.e.f. 15-2-1984). 3. Subs. by s. 66, ibid., for certain words (w.e.f. 15-2-1984). 4. Ins. by Act 45 of 2006, s. 4 (w.e.f. 16-10-2006). 5. Subs. by Act 66 of 1988, s. 32, for “of each year” (w.e.f. 30-12-1988). 6. Ins. by s. 32, ibid. (w.e.f. 30-12-1988). 13 ----- 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 corresponding new bank, (b) may, at the expense of the corresponding new bank, employ accountants or other persons to assist him in investigating such accounts, and (c) may, in relation to such accounts, examine the Custodian or any officer or employee of the corresponding new bank. (4) Every auditor of a corresponding new bank shall make a report to the Central Government upon the annual balance-sheet and accounts and in every such report shall state— (a) whether, in his opinion, the balance-sheet is a full and fair balance-sheet containing all the necessary particulars and is properly drawn up so as to exhibit a true and fair view of the affairs of the corresponding new bank, and in case he had called for any explanation or information, whether it has been given and whether it is satisfactory; (b) whether or not the transactions of the corresponding new bank, which have come to his notice, have been within the powers of that bank; (c) whether or not the returns received from the offices and branches of the corresponding new bank have been found adequate for the purpose of his audit; (d) whether the profit and loss account shows a true balance of profit or loss for the period covered by such account; and (e) any other matter which he considers should be brought to the notice of the Central Government. 1[Explanation I.—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 corresponding new bank, and (b) the profit and loss account shall not be treated as not showing a true balance of profit or loss for 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 or any other Act, not required to be disclosed. _Explanation II.—For the purposes of this Act the accounts of the corresponding new 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 corresponding new 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 corresponding new bank or in the auditor’s report.] (5) The report of the auditor shall be verified, signed and transmitted to the Central Government. (6) The auditor shall also forward a copy of the audit report to the corresponding new bank and to the Reserve Bank. (7) After making provision for bad and doubtful debts, depreciation in assets, contributions to staff and superannuation funds and all other matters for which provision is necessary under any law, or which 1. Ins. by Act 1 of 1984, s. 67 (w.e.f. 15-2-1984). 14 ----- are usually provided for by banking companies, a corresponding new bank [1][may, out of its net profits, declare a dividend and retain the surplus, if any]. 2[(7A) Every corresponding new bank shall furnish to the Central Government 3[and to the Reserve Bank] the annual balance-sheet, the profit and loss account, and the auditor’s report and a report by its Board of directors on the working and activities of the bank during the period covered by the accounts.] (8) The Central Government shall cause every auditor’s report and report on the working and activities of each corresponding new bank to be laid [4][as soon as may be after they are received before each House of Parliament [5]***]. 2[(9) Without prejudice to the foregoing provisions, the Central Government may, at any time, appoint such number of auditors as it thinks fit to examine and report on the accounts of a corresponding new bank and the auditors so appointed shall have all the rights, privileges and authority in relation to the audit of the accounts of the corresponding new bank which an auditor appointed by the corresponding new bank has under this section.] **6[10A.Annual general meeting.—(1) A general meeting (in this Act referred to as an annual general** meeting) of every corresponding new bank which has issued capital under clause (c) of sub-section (2B) of section 3 shall be held at the place of the head office of the bank in each year at such time as shall from time to time be specified by the Board of Directors: Providedthat 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 auditor’s report is under sub-section (7A) of section 10, forwarded to the Central Government or to the Reserve Bank whichever date is earlier. (2) The shareholders present at an annual general meeting [7][shall be entitled to discuss, approve and adopt] the balance-sheet and the profit and loss account of the corresponding new bank made up to the previous 31st day of March, the report of the Board of Directors on the working and activities of the corresponding new bank for the period covered by the accounts and the auditor’s report on the balance-sheet and accounts.] 8[(3) Nothing contained in this section shall apply during the period for which the Board of Directors of a corresponding new bank had been superseded under sub-section (1) of section 18A: Provided that the Administrator may, if he considers it appropriate in the interest of the corresponding new bank whose Board of Directors had been superseded, call annual general meeting in accordance with the provisions of this section.] **9[10B. Transfer of unpaid or unclaimed dividend to Unpaid Dividend Account.—(1) Where, after** the commencement of the Banking Companies (Acquisition and Transfer of Undertakings) and Financial Institutions Laws (Amendment) Act, 2006 (45 of 2006), a dividend has been declared by a corresponding new bank but has not been paid or claimed within thirty days from the date of declaration, to, or by, any shareholder entitled to the payment of the dividend, the corresponding new bank shall, within seven days from the date of the expiry of such period of thirty days, transfer the total amount of dividend which remains unpaid or unclaimed within the said period of thirty days, to a special account to be called “Unpaid Dividend Account of ... (the name of the corresponding new bank). _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. 1. Subs. by Act 37 of 1994, s. 7, for certain words (w.e.f. 15-7-1994). 2. Ins. by Act 1 of 1984, s. 67 (w.e.f. 15-2-1984). 3. Ins. by Act 37 of 1994, s. 7 (w.e.f. 15-7-1994). 4. Subs. by Act 1 of 1984, s. 67, for certain words (w.e.f. 15-2-1984). 5. Certain words omitted by Act 81 of 1985, s. 9 (w.e.f. 1-5-1986). 6. Ins. by Act 37 of 1994, s. 8 (w.e.f. 15-7-1994). 7. Subs. by Act 45 of 2006, s. 5, for certain words (w.e.f. 16-10-2006). 8. Ins. by s. 5, ibid. (w.e.f. 16-10-2006). 9. Ins. by s. 6, ibid. (w.e.f. 16-10-2006). 15 ----- (2) Where the whole or any part of any dividend, declared by a corresponding new bank before the commencement of the Banking Companies (Acquisition and Transfer of Undertakings) and Financial Institutions Laws (Amendment) Act, 2006(45 of 2006), remains unpaid at such commencement, the corresponding new 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 a corresponding new 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 corresponding new bank to the Investor Education and Protection Fund established under sub-section (1) of section 205C of the Companies Act, 1956 (1 of 1956). (4) The money transferred under sub-section (3) to the Investor Education and Protection Fund shall be utilised for the purposes and in the manner specified in section 205C of the Companies Act, 1956 (1 of 1956).] **11. Corresponding new bank deemed to be an Indian company.—For the purposes of the** Income-tax Act, 1961 (43 of 1961), every corresponding new bank shall be deemed to be an Indian company and a company in which the public are substantially interested. **12. Removal of Chairman from office.—(1) Every person holding office, immediately before the** commencement of this Act, as Chairman of an existing bank shall, if he becomes Custodian of the corresponding new bank, be deemed, on such commencement, to have vacated office as such Chairman. (2) Save as otherwise provided in sub-section (1), every officer or other employee of an existing bank shall become, on the commencement of this Act, an officer or other employee, as the case may be, of the corresponding new bank and shall hold his office or service in that bank on the same terms and conditions and with the same rights to pension, gratuity and other matters as would have been admissible to him if the undertaking of the existing bank had not been transferred to and vested in the corresponding new bank and continue to do so unless and until his employment in the corresponding new bank is terminated or until his remuneration, terms or conditions are duly altered by the corresponding new bank. (3) For the persons who immediately before the commencement of this Act were the trustees for any pension, provident, gratuity or other like fund constituted for the officers or other employees of an existing bank, there shall be substituted as trustees such persons as the Central Government may, by general or special order, specify. (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 employee from an existing bank to a corresponding new bank shall not entitle such officer or other employee to any compensation under this Act or any other law for the time being in force and no such claim shall be entertained by any court, tribunal or other authority. 1[12A. Bonus.—(1) No officer 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 a corresponding new bank shall be entitled to be paid any bonus. (2) No employee of a corresponding new 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.] **13. Obligations as to fidelity and secrecy.—(1) Every corresponding new 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 law or practices and usages customary among bankers, necessary or appropriate for the corresponding new bank to divulge such information. 1. Ins. by Act 64 of 1984, s. 4 (w.e.f. 11-9-1984). 16 ----- (2) Every director, member of a local board or a committee, or auditor, adviser, officer or other employee of a corresponding new bank shall, before entering upon his duties, make a declaration of fidelity and secrecy in the form set out in the Third Schedule. (3) Every Custodian of a corresponding new bank shall, as soon as possible, make a declaration of fidelity and secrecy in the form set out in the Third Schedule. 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).] **14. Custodian to be public servant.—Every Custodian of a corresponding new bank shall be** deemed to be a public servant for the purposes of Chapter IX of the Indian Penal Code (45 of 1860). **15. Certain defects not to invalidate acts or proceedings.—(1) All acts done by the Custodian,** acting in good faith, shall, notwithstanding any defect in his appointment or in the procedure, be valid. (2) No act or proceeding of any Board of Directors or a local board or committee of a corresponding new bank shall be invalid merely on the ground of the existence of any vacancy in, or defect in the constitution of, such board or committee, as the case may be. (3) All acts done by a person acting in good faith as a director or member of a local board or committee of a corresponding new bank shall be valid, notwithstanding that it may afterwards be discovered that his appointment was invalid by reason of any defect or disqualification or had terminated by virtue of any provision contained in any law for the time being in force: Provided that nothing in this section shall be deemed to give validity to any act by a director or member of a local board or committee of a corresponding new bank after his appointment has been shown to the corresponding new bank to be invalid or to have terminated. **16. Indemnity.—(1) Every Custodian of a corresponding new bank and every officer of the Central** Government or of the Reserve Bank and every officer or other employee of a corresponding new bank, shall be indemnified by such bank against all losses and expenses incurred by him in or in relation to the discharge of his duties except such as have been caused by his own wilful act or default. (2) A director or member of a local board or committee of a corresponding new bank shall not be responsible for any loss or expense caused to such bank by the insufficiency or deficiency of the value of, or title to, any property or security acquired or taken on behalf of the corresponding new 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, unless such loss, expense, insufficiency or deficiency was due to any wilful act or default on the part of such director or member. **2[16A. Arrangement with corresponding new bank on appointment of directors to prevail.—(1)** Where any arrangement entered into by a corresponding new bank with a company provides for the appointment by the corresponding new bank of one or more directors of such company, 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 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 corresponding new bank in pursuance of the arrangement as aforesaid. (2) Any director appointed as aforesaid shall— (a) hold office during the pleasure of the corresponding new bank and may be removed or substituted by any person by order in writing of the corresponding new bank; 1. Ins. by Act 30 of 2005, s. 34 and Sch. (w.e.f. 14-12-2006). 2. Ins. by Act 1 of 1984, s. 68 (w.e.f. 15-2-1984). 17 ----- (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.] **17. References to existing banks on and from the commencement of this Act.—Any reference to** any existing bank in any law, other than this Act, or in any contract or other instrument shall, in so far as it relates to the undertaking which has been transferred by section 4, be construed as a reference to the corresponding new bank. **18. Dissolution.—No provision of law relating to winding up of corporations shall apply to a** corresponding new bank and no corresponding new bank shall be placed in liquidation save by order of the Central Government and in such manner as it may direct. **1[18A. Supersession of 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 any corresponding new bank being conducted in a manner detrimental to the interest of the depositors or the corresponding new bank or for securing the proper management of any corresponding new bank, it is necessary so to do, the Central Government may, for reasons to be recorded in writing, by order, supersede the Board of Directors of such corresponding new bank 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 Central Government may, on supersession of the Board of Directors of the corresponding new bank under sub-section (1), appoint, in consultation with the Reserve Bank, 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 Central Government 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 the corresponding new bank, notwithstanding anything contained in this Act,— (a) the chairman, managing directors 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 Board of Directors of such corresponding new bank, or by a resolution passed in general meeting of such corresponding new bank, shall, until the Board of Directors of such corresponding new bank is reconstituted, be exercised and discharged by the Administrator appointed by the Central Government 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 the corresponding new bank. (5) The Central Government may constitute, in consultation with the Reserve Bank, 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 Central Government. 1. Ins. by Act 45 of 2006, s. 7 (w.e.f. 16-10-2006). 18 ----- (7) The salary and allowances payable to the Administrator and the members of the committee constituted under sub-section (5) by the Central Government shall be such as may be specified by the Central Government and be payable by the concerned corresponding new bank. (8) On and before the expiration of two months before 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 corresponding new bank, shall call the general meeting of the corresponding new bank 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 the corresponding new bank has been reconstituted.] **19. Power to make regulations.—(1) The Board of Directors of a corresponding new bank may,** after consultation with the Reserve Bank and with the previous sanction of the Central Government, [1][by notification in the Official Gazette,] make regulations, not inconsistent with the provisions of this Act or any scheme 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, the regulations may provide for all or any of the following matters, namely:— (a) the powers, functions and duties of local boards and restrictions, conditions or limitations, if any, subject to which they may be exercised or performed, the formation and constitution of local committees and committees of local board (including the number of members of any such committee), 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; (b) the manner in which the business of the local boards shall be transacted and the procedure in connection therewith; 2[(ba) the nature of shares of the corresponding new bank, the manner in which and the conditions subject to which shares may be held and transferred and generally all matters relating to the rights and duties of shareholders; (bb) the maintenance of register, and the particulars to be entered in the register in addition to those specified in sub-section (2F) of section 3, the safeguards to be observed in the maintenance of register on computer floppies or diskettes, inspection and closure of the register and all other matters connected therewith: (bc) 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; (bd) the holding of meetings of shareholders and the business to be transacted thereat; (be) the manner in which notices may be served on behalf of the corresponding new bank upon shareholders or other persons; (bf) the manner in which the directors nominated under clause (h) of sub-section (3) of section 9 shall retire;] (c) the delegation of powers and functions of the board of directors of a corresponding new bank to the general manager, director, officer or other employee of that bank; 1. Ins. by Act 4 of 1986, s. 2 and Sch. (w.e.f. 5-5-1986). 2. Ins. by Act 37 of 1994, s. 9 (w.e.f. 15-7-1994). 19 ----- (d) the conditions or limitations subject to which the corresponding new bank may appoint advisers, officers or other employees and fix their remuneration and other terms and conditions of service; (e) the duties and conduct of advisers, officers or other employees of the corresponding new bank; (f) the establishment and maintenance of superannuation, pension, provident or other funds for the benefit of officers or other employees of the corresponding new bank or of the dependants of such officers or other employees and the granting of superannuation allowances, annuities and pensions payable out of such funds; (g) the conduct and defence of legal proceedings by or against the corresponding new bank and the manner of signing pleadings; (h) the provision of a seal for the corresponding new bank and the manner and effect of its use; (i) the form and manner in which contracts binding on the corresponding new bank may be executed; (j) the conditions and the requirements subject to which loans or advances may be made or bills may be discounted or purchased by the corresponding new bank; (k) the persons or authorities who shall administer any pension, provident or other fund constituted for the benefit of officers or other employees of the corresponding new bank or their dependants; (l) the preparation and submission of statements of programmes of activities and financial statements of the corresponding new bank and the period for which and the time within which such statements and estimates are to be prepared and submitted; and (m) generally for the efficient conduct of the affairs of the corresponding new bank. (3) Until any regulation is made under sub-section (1), the articles of association of the existing bank and every regulation, rule, bye-law or order made by the existing bank shall, if in force at the commencement of this Act, be deemed to be the regulations made under sub-section (1) and shall have effect accordingly and any reference therein to any authority of the existing bank shall be deemed to be a reference to the corresponding authority of the corresponding new bank and until any such corresponding authority is constituted under this Act, shall be deemed to refer to the Custodian. 1[(4) Every regulation shall, as soon as may be after it is made under this Act by the Board of directors, of a corresponding new bank, 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.] **20. Amendment of certain enactments.—(1) In the Banking Regulation Act, 1949 (10 of 1949),—** (a) in section 34A, in sub-section (3), for the words “and any subsidiary bank”, the words, figures and brackets “a corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970) and any subsidiary bank” shall be substituted; (b) in section 36AD, in sub-section (3), for the words “and any subsidiary bank”, the words, figures and brackets “a corresponding new bank constituted under section 3 of the Banking 1. Ins. by Act 1 of 1984, s. 69 (w.e.f. 15-2-1984). 20 ----- Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970), and any subsidiary bank” shall be substituted; (c) in section 51, for the words “or any other banking institution notified by the Central Government in this behalf”, the words, figures and brackets “or any corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970), or any other banking institution notified by the Central Government in this behalf” shall be substituted; (d) in the Fifth Schedule, in Part I of paragraph 1, in clause (e), the Explanations shall be deemed never to have been inserted. (2) In the Industrial Disputes Act, 1947 (14 of 1947), in section 2, in clause (bb), for the words “and any subsidiary bank”, the words, figures and brackets “a corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970), and any subsidiary bank” shall be substituted. (3) In the Banking Companies (Legal Practitioners, Clients, Accounts) Act, 1949 (46 of 1949), in section 2, in clause (a), for the words “and any subsidiary bank”, the words, figures and brackets “a corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970), and any subsidiary bank” shall be substituted. (4) In the Deposit Insurance Corporation Act, 1961 (47 of 1961),— (a) in section 2,— (i) after clause (e), the following clause shall be inserted, namely:— (ee) “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); (ii) in clause (g),— (a) for the words “or a banking company”, the words “a corresponding new bank or a banking company”, and (b) for the words “with a banking company”, the words “with a corresponding new bank or with a banking company”, shall be substituted; (iii) in clause (i), after the words “banking company”, the words “or a corresponding new bank” shall be inserted; (b) section 13 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) The provisions of clauses (a), (b), (c), (d) and (h) of sub-section (1) shall apply to a corresponding new bank as they apply to a banking company.” (5) In the State Agricultural Credit Corporations Act, 1968 (60 of 1968),— (a) in section 2, after clause (i), the following clause shall be inserted, namely:— (ii) “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)'; (b) after the words “subsidiary banks” or “subsidiary bank”, as the case may be, occurring in clause (d) of sub-section (3) of section 5, in clause (b) of section 9 and in the proviso to section 18, the words “corresponding new banks” or “corresponding new bank”, as the case may be, shall be inserted. **21. Repeal and savings.—(1) The Banking Companies (Acquisition and Transfer of Undertakings)** Ordinance, 1970 (Ord. 3 of 1970), is hereby repealed. 21 ----- (2) Notwithstanding such repeal and notwithstanding any judgment, decree or order of any court or tribunal,— (a) any action taken, or purported to have been taken, or anything done, or purported to have been done, between the 19th day of July, 1969, and the 10th day of February, 1970, by any corresponding new bank purported to have been constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Ordinance, 1969 (8 of 1969), or the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1969 (22 of 1969), or by any person purporting to act on behalf of such bank and any right, obligation or liability acquired or incurred, between the said dates, by or on behalf of such corresponding new bank shall be deemed to have been taken, done, acquired or incurred under the provisions of this Act by or on behalf of the corresponding new bank constituted thereunder; (b) any action taken, or purported to have been taken, or anything done, or purported to have been done, between the 10th day of February, 1970, and the appointed day, by an existing bank or by any person acting on behalf of such bank, and any right, obligation or liability acquired or incurred, between the said dates, by or on behalf of such existing bank shall be deemed to have been taken, done, acquired or incurred under the provisions of this Act by or on behalf of the corresponding new bank constituted thereunder; (c) anything done or any action taken, including any order made, notification issued or directions given under the Banking Companies (Acquisition and Transfer of Undertakings) Ordinance, 1970 (3 of 1970), shall be deemed to have been done, taken, made, issued or given, as the case may be, under the corresponding provisions of this Act. (3) Any suit, appeal or other proceeding of whatever nature instituted on or after the 19th day of July, 1969, by or against a corresponding new bank purported to have been constituted by the Banking Companies (Acquisition and Transfer of Undertakings) Ordinance, 1969 (8 of 1969), or the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1969 (22 of 1969), shall not abate, be discontinued, or be, in any way, prejudicially affected by reason of the expiry of the said Ordinance or the invalidation of the said Act, as the case may be, but such suit, appeal or other proceeding may be continued, prosecuted and enforced by or against the corresponding new bank as if such suit, appeal or other proceeding had been instituted by or against the corresponding new bank constituted under this Act. 22 ----- THE FIRST SCHEDULE (See sections 2, 3 and 4) Existing bank Corresponding new bank Column 1 Column 2 The Central Bank of India Limited Central Bank of India. The Bank of India Limited Bank of India. The Punjab National Bank Limited Punjab National Bank The Bank of Baroda Limited Bank of Baorda. The United Commercial Bank Limited 1[UCO Bank.] Canara Bank Limited Canara Bank. United Bank of India Limited United Bank of India. Dena Bank Limited Dena Bank. Syndicate Bank Limited Syndicate Bank. The Union Bank of India Limited Union Bank of India Allahabad Bank Limited Allahabad Bank Existing bank Corresponding new bank Column 1 Column 2 The Indian Bank Limited Indian Bank. The Bank of Maharashtra Limited Bank of Maharashtra. The Indian Overseas Bank Limited Indian Overseas Bank. 1. Subs. by Act 81 of 1985, s. 10, for “United Commercial Bank” (w.e.f. 30-12-1985). 23 ----- THE SECOND SCHEDULE (See section 6) Name of existing bank Amount of compensation (in lakhs of rupees) The Central Bank of India Limited.. 1750 The Bank of India Limited.. 1470 The Punjab National Bank Limited .. 1020 The Bank of Baroda Limited .. 840 The United Commercial Bank Limited .. 830 Canara Bank Limited .. 360 United Bank of India Limited .. 420 Dena Bank Limited .. 360 Syndicate Bank Limited .. 360 The Union Bank of India Limited .. 310 Allahabad Bank Limited .. 310 The Indian Bank Limited .. 230 The Bank of Maharashtra Limited .. 230 The Indian Overseas Bank Limited .. 250 24 ----- THE THIRD SCHEDULE [See sub-sections (2) and (3) of section 13] 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 Custodian, Director, member of Local Board, member of Local Committee, auditor, adviser, officer or other employee (as the case may be) of the * and which properly relate to the office or position in the said* 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 * or to the affairs of any person having any dealing with the* ;nor will I allow any such person to inspect or have access to any books or documents belonging to or in possession of the* and relating to the business of the* or to the business of any person having any dealing with the* - Name of corresponding new bank to be filled in. 25 -----

2-Apr-1970

16

The Haryana and Punjab Agricultural Universities Act, 1970

https://www.indiacode.nic.in/bitstream/123456789/1420/1/197016.pdf

central

# THE HARYANA AND PUNJAB AGRICULTURAL UNIVERSITIES ACT, 1970 _______ ARRANGEMENT OF SECTIONS ________ CHAPTER I PRELIMINARY SECTIONS 1. Short title and commencement. 2. Definitions. CHAPTER II ESTABLISHMENT OF CORRESPONDING UNIVERSITIES 3. Dissolution of the existing University and establishment of Haryana and Punjab Agricultural Universities. 4. Incorporation. 5. Territorial limits. 6. Headquarters. 7. Objects of corresponding University. 8. Admission to a corresponding University. 9. Powers of a corresponding University. 10. Visitations. CHAPTER III MANAGEMENT OF A CORRESPONDING UNIVERSITY 11. Authorities and officers of a corresponding University. 12. Chancellor. 13. Constitution, powers and duties of the Board of a corresponding University. 14. Powers and duties of the Board. 15. The Vice-Chancellor. 16. Powers and duties of the Vice-Chancellor. 17. The Registrar. 18. Comptroller. 19. The Estate Officer. 20. Director of Student Welfare. 21. Deans of colleges. 22. The Librarian. 23. Academic Council. 1 ----- CHAPTER IV COLLEGES SECTIONS 24. The colleges. 25. Experiment Stations for research. 26. Agricultural Extension Education. CHAPTER V SERVICES 27. Retirement and other conditions of services. 28. Provident fund. 29. Appointment of salaried officers. 30. Temporary arrangements. CHAPTER VI STATUTES AND REGULATIONS 31. Statutes. 32. Statutes how made. 33. Regulations. CHAPTER VII ACCOUNTS AND AUDIT 34. Accounts and audit. CHAPTER VIII MISCELLANEOUS 35. Division of assets and liabilities. 36. Legal proceedings. 37. Transfer of employees. 38. Membership of corresponding University bodies. 39. Annual Report. 40. Construction of references to existing University in any document, etc. 41. Obligations to be discharged by the Punjab Agricultural University. 42. Proportion of cost to be borne by the Government of Himachal Pradesh. 43. Settlement of unresolved disputes. 44. Power to remove difficulties. 45. Repeals and saving. 2 ----- # THE HARYANA AND PUNJAB AGRICULTURAL UNIVERSITIES ACT, 1970 ACT NO. 16 OF 1970 [2nd April, 1970.] # An Act to provide for the establishment of two independent Agricultural Universities in place of the Punjab Agricultural University constituted by the Punjab Agricultural University Act, 1961, and for matters consequential on, or connected with the establishment of those independent Agricultural Universities. WHEREAS, for the development of agriculture in the States of Haryana and Punjab, it is expedient to provide for the establishment of two independent Agricultural Universities in place of the Punjab Agricultural University constituted by the Punjab Agricultural University Act, 1961; AND WHEREAS, the Legislatures of the States of Haryana and Punjab 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 Twenty-first Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title and commencement.—(1) This Act may be called the Haryana and Punjab** Agricultural Universities Act, 1970. (2) It shall be deemed to have come into force on the 2nd day of February, 1970. **2. Definitions.—In this Act, and in all Statutes made thereunder, unless the context otherwise** requires,— (a) “Academic Council” means, in relation to a corresponding University, the Academic Council of that University; (b) “agriculture” includes the basic and applied science of soil and water management, crop and live-stock production and management, home sciences and the betterment of rural people; (c) “appropriate Government” means,— (i) in relation to the Haryana Agricultural University, the Government of the State of Haryana; (ii) in relation to the Punjab Agricultural University, the Government of the State of Punjab; (d) “Board”, in relation to a corresponding University, means the Board of Management of that University; (e) “college” means a constituent college of a corresponding University; (f) “corresponding University” means,— (i) in relation to the territories to which the functions of the Haryana Agricultural University extend, that University; (ii) in relation to the territories to which the functions of the Punjab Agricultural University extend, that University; (g) “existing University” means the Punjab Agricultural University constituted by section 3 of the Punjab Agricultural University Act, 1961 (Punjab Act 32 of 1961); (h) “library” means a library established or maintained by a corresponding University; (i) “prescribed” means prescribed by the Statutes of a corresponding University; 3 ----- (j) “Statutes” and “Regulations” mean, respectively, the Statutes and Regulations made by a corresponding University under this Act; (k) “transferred territories” means the territories added to the Union territory of Himachal Pradesh by sub-section (1) of section 5 of the Punjab Reorganisation Act, 1966 (31 of 1966); (l) “Vice-Chancellor” means the Vice-Chancellor of a corresponding University. CHAPTER II ESTABLISHMENT OF CORRESPONDING UNIVERSITIES **3. Dissolution of the existing University and establishment of Haryana and Punjab Agricultural** **Universities.—As from the commencement of this Act, the existing University shall stand dissolved and** there shall be established in its place two independent Agricultural Universities, to be known respectively as the Haryana Agricultural University and the Punjab Agricultural University. **4. Incorporation.—(1) Each of the Agricultural Universities mentioned in section 3 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 its name, sue and be sued. (2) Each body corporate referred to in sub-section (1) shall consist of the Chancellor and the Vice-Chancellor of that University, the members of the Board, the Academic Council 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. **5. Territorial limits.—(1) The Haryana Agricultural University shall function within the territories** of the State of Haryana and the Punjab Agricultural University shall function within such other territories to which the functions of the existing University extended immediately before the commencement of this Act: Provided that on the establishment of a University in the Union territory of Himachal Pradesh, the Punjab Agricultural University shall cease to function in the transferred territories. (2) Until a University is established in the Union territory of Himachal Pradesh, the Agricultural College at Palampur in the transferred territories shall, notwithstanding the dissolution of the existing University, continue to be a college of the Punjab Agricultural University and shall cease to be such college on the establishment of a University in those territories. (3) On the establishment of a University in the Union territory of Himachal Pradesh, the assets and liabilities of the Punjab Agricultural University pertaining to the Agricultural College at Palampur, all research, training and extension centres, and any other property, of the Punjab Agricultural University located in the said Union territory shall stand transferred to, and shall vest in, such University. **6. Headquarters.—(1) The headquarters of the Haryana Agricultural University shall be at Hissar,** and the headquarters of the Punjab Agricultural University shall be at Ludhiana, or at such other place as the appropriate Government may direct. (2) Each corresponding University shall establish an office at the place at which the seat of the appropriate Government is located. **7. Objects of corresponding University.—Each corresponding University shall be deemed to be** established and incorporated for the following objects, namely:— (a) making provision for imparting education in different branches of study, particularly agriculture, veterinary and animal science, agricultural engineering, home sciences and other allied sciences; (b) furthering the advancement of learning and prosecution of research, particularly in agriculture and other allied sciences; (c) undertaking the extension of such sciences to the rural people of the territories within which the University is required by this Act to function; 4 ----- (d) such other purposes as the appropriate Government may, by notification in the Official Gazette, direct. **8. Admission to a corresponding University.—(1) Each corresponding University shall, subject to** the provisions of this Act and the Statutes, be open to all persons: Provided that nothing herein shall require any such University to admit to any course of study a number of students larger than the prescribed number. (2) The appropriate Government may direct the corresponding University to reserve in any college seats for women, Scheduled Castes, Scheduled Tribes or such educationally backward classes of citizens as may be specified by that Government in this behalf, and where such direction has been given, the corresponding University shall make the reservations accordingly: Provided that no such person shall be entitled to be admitted to a corresponding University unless he meets the standards laid down by the corresponding University. **9. Powers of a corresponding University.—Each corresponding University shall have the following** powers, namely:— (a) to provide for graduate and post-graduate instructions in agriculture, veterinary and animal sciences, agricultural engineering, home sciences and other allied sciences and in such other branches of learning as the University may deem fit; (b) to make provision for instructions in applied fields, research and the dissemination of the findings of research and technical information through an extension education programme; (c) to institute degrees, diplomas and other academic distinctions; (d) to hold examinations and to grant and confer degrees, diplomas and other academic distinctions to and on persons who shall have— (i) pursued a prescribed course of study; or (ii) carried out research in the University, or in an institution recognised in this behalf by the University, under the prescribed conditions; (e) to confer honorary degrees or other distinctions in the prescribed manner and under the prescribed conditions; (f) to provide lectures and instructions for field workers, village leaders and other persons not enrolled as regular students of the University and to grant certificates to them when deemed desirable; (g) to co-operate with other Universities and authorities in such manner and for such purposes as the University may determine; (h) to institute teaching, research and extension education posts required by the University and to appoint persons to such posts; (i) to create administrative, ministerial and other posts and to make appointments thereto; (j) to institute and award fellowships, scholarships and prizes in accordance with the Statutes; (k) to institute and maintain residential accommodation for students of the University; (l) to supervise and control the residential accommodation and to regulate the discipline of the students of the University and to make arrangements for promoting their health and welfare; (m) to institute and receive such fees and other charges as may prescribed; and (n) to do all such acts and things, whether incidental to the powers aforesaid or not, as may be requisite in order to further the objects of the University. 5 ----- **10. Visitations.—(1) The Chancellor of a corresponding University may cause an inspection to be** made by such person as he may direct, of the corresponding University, its buildings, laboratories, and equipment and of any institution maintained by that University, and may cause an inquiry to be made in respect of any matter connected with the administration and the finances of that University. (2) The Chancellor of a corresponding University shall, in every case, give notice to the University of his intention to cause an inspection or inquiry to be made, and, on receipt of such notice, that University shall be entitled to appoint a representative who shall have the right to be present, and heard, at such inspection or inquiry. (3) The Chancellor of a corresponding University may address the Board of the University with reference to the result of such inspection or inquiry with such advice as he may offer regarding the action to be taken. (4) The Board shall communicate to the Chancellor such action as it proposes to take or has taken as the result of such inspection or inquiry. (5) If the Board does not, within a reasonable time, take action to the satisfaction of the Chancellor, he may, after considering any explanation furnished or representation made by the Board, issue such directions as he may deem fit, and the Board shall comply with such directions. CHAPTER III MANAGEMENT OF A CORRESPONDING UNIVERSITY **11. Authorities and officers of a corresponding University.—The following shall be the authorities** and officers of each corresponding University, namely:— (a) Authorities of a corresponding University— (i) Board; (ii) Academic Council; (iii) Board of Studies; and (iv) Such other authorities as may be declared by the Statutes to be authorities of the University. (b) Officers of the corresponding University— (i) Chancellor; (ii) Vice-Chancellor; (iii) Dean of Post-Graduate Studies; (iv) Deans of the colleges; (v) Director of Research; (vi) Director of Agricultural Extension Education; (vii) Director of Students Welfare; (viii) Registrar; (ix) Comptroller; (x) Estate Officer; (xi) Librarian; and (xii) Such other persons in the service of the University as may be declared by the Statutes to be officers of the University. 6 ----- **12. Chancellor.—(1) The Governor of the State of Haryana shall be the Chancellor of the Haryana** Agricultural University and the Governor of the State of Punjab shall be the Chancellor of the Punjab Agricultural University. (2) The Chancellor of a corresponding University shall, by virtue of his office, be the Head of that University and shall, when present, preside at a convocation of that University. (3) The Chancellor of a corresponding University shall have such other powers as are specified in this Act or as may be prescribed. **13. Constitution, powers and duties of the Board of a corresponding University.—(1) The** appropriate Government shall, within a period of one year from the commencement of this Act, establish a Board for the management of the corresponding University. (2) The Board of the Haryana Agricultural University shall consist of— (a) the Vice-Chancellor; (b) the Chief Secretary to the Government of the State of Haryana; (c) the Secretaries to the Government of the State of Haryana in the Departments of— (i) Agriculture; (ii) Finance; and (iii) Community Development; (d) persons, not being officials, appointed by the Government of the State of Haryana from amongst the following categories of persons, namely:— (i) one from amongst persons who are, in the opinion of that Government, eminent agricultural scientists with a background of agricultural research or education; (ii) two from amongst persons who are, in the opinion of that Government, progressive farmers or live-stock breeders having experience of, and interest in scientific farming and livestock improvement; (iii) one from amongst persons who are, in the opinion of that Government, distinguished industrialists, businessmen, manufacturers or live-stock breeders, associated with agricultural development; and (iv) one from amongst women who are, in the opinion of that Government, outstanding social workers, preferably with a background of rural advancement. (3) The Board of the Punjab Agricultural University shall consist of— (a) the Vice-Chancellor; (b) the Chief Secretary to the Government of the State of Punjab; (c) the Secretaries to the Government of the State of Punjab in the Departments of— (i) Agriculture; and (ii) Finance; (d) the Director of Agriculture, Punjab; (e) the Director of Animal Husbandry, Punjab; (f) one nominee of the Indian Council of Agricultural Research; (g) two nominees of the Government of the Union territory of Himachal Pradesh; 7 ----- (h) persons, not being officials, appointed by the Government of the State of Punjab from amongst the following categories of persons, namely:— (i) two from amongst persons who are, in the opinion of that Government, eminent agricultural scientists with a background of agricultural research or education; (ii) two from amongst persons who are, in the opinion of that Government, progressive farmers or live-stock breeders having experience of, and interest in, scientific farming and live-stock improvement; (iii) one from amongst persons who are, in the opinion of that Government, distinguished industrialists, businessmen, manufacturers or live-stock breeders, associated with agricultural development; and (iv) one from amongst women who are, in the opinion of that Government, outstanding social workers, preferably with a background of rural advancement. (4) The Board of the Haryana Agricultural University shall associate with its meeting the following persons as technical advisers, but the persons so associated shall not be entitled to vote at any such meeting.— (a) the Director of Agriculture, Haryana; (b) the Director of Animal Husbandry, Haryana; and (c) two officers appointed by the Board of that University from amongst the Deans or Directors of that University. (5) The term of office of the members of the Board, other than the official members, shall be three years: Provided that two members of the Board, not being official members, shall retire at the end of each year. (6) The members of the Board, other than the official members, shall determine, by lots, the members who shall retire at the end of each year. (7) A member of the Board may resign his office by a notice in writing, addressed to the Chancellor of the corresponding University. (8) If, for any reason, a vacancy occurs in the office of a member of the Board, the appropriate Government may fill the vacancy by appointing another person thereto in accordance with the provisions of this section. (9) No act or proceeding of the Board shall be invalid merely on the ground of the existence of any vacancy in, or defect in the constitution of, such Board. (10) Four members of the Board, in the case of the Haryana Agricultural University, and five members of the Board, in the case of the Punjab Agricultural University, shall be a quorum for a meeting of the Board: Provided that if a meeting of the Board is adjourned for want of a quorum, no quorum shall be necessary at the next meeting for the transaction of the same business. (11) The Chancellor shall be the Honorary Chairman of the Board and the Vice-Chancellor, the Working Chairman. (12) The members of the Board shall not be entitled to receive any remuneration for the performance of their functions under this Act except such daily and travelling allowances as may be prescribed: Provided that nothing herein shall affect the emoluments or other conditions of service of the Vice-Chancellor. (13) On the commencement of this Act, the members of the Board of Management of the existing University shall be deemed to have vacated their offices as such. 8 ----- **14. Powers and duties of the Board.—The powers and duties of the Board shall be as follows:—** (a) to approve the budget submitted by the Vice-Chancellor; (b) to hold and control the properly and funds of the University and issue any general directive on behalf of the University; (c) to accept or transfer any property on behalf of the University; (d) to administer funds placed at the disposal of the University for specific purposes; (e) to invest moneys belonging to the University; (f) to appoint the officers, teachers and other employees of the University in the prescribed manner; (g) to direct the form and use of the common seal of the University; (h) to appoint such committees as it may deem necessary for its proper functioning; (i) to borrow money for capital improvements and make suitable arrangements for its repayment; (j) to appoint the Vice-Chancellor subject to the provisions of section 15; (k) to meet at such times and as often as the Board may deem necessary: Provided that regular meetings of the Board shall be held at least once in every two months; (l) to regulate and determine all matters concerning the University in accordance with this Act and the Statutes, and to exercise such powers and to discharge such duties as may be conferred on or imposed upon the Board by this Act or the Statutes. **15. The Vice-Chancellor.—(1) The Vice-Chancellor shall be a whole-time officer of the** corresponding University and shall be appointed by the Board in the prescribed manner: Provided that where the members of the Board are not unanimous with regard to the selection of the person proposed to be appointed as the Vice-Chancellor, the appointment shall be made by the Chancellor of the concerned corresponding University: Provided further that the first Vice-Chancellor of the Haryana Agricultural University shall be appointed by the Government of the State of Haryana: Provided also that the person holding office immediately before the commencement of this Act as the Vice-Chancellor of the existing University shall be deemed to be the first Vice-Chancellor of the Punjab Agricultural University and shall hold such office for the unexpired portion of his term of office as the Vice-Chancellor of the existing University. (2) The term of office of the Vice-Chancellor shall be four years and he shall be eligible for re-appointment. (3) The emoluments and other condition; of service of the Vice-Chancellor shall be such as may be prescribed and shall not be varied to his disadvantage after his appointment. (4) When a vacancy occurs, or is likely to occur, in the office of the Vice-Chancellor by reason of leave taken by the Holder of such office or any cause other than the expiry of the term of office, the Registrar shall report the fact forthwith to the Board, and such vacancy shall be filled in accordance with the provisions of sub-section (1). (5) Until the vacancy is filled under sub-section (4) or until such time as the Board designates an acting Vice-Chancellor, the senior-most Dean, in the case of the Haryana Agricultural University, or the Registrar, in the case of the Punjab Agricultural University, as the case may be, shall carry on the current duties of the office of the Vice-Chancellor. (6) The Vice-Chancellor may relinquish office by resignation in writing addressed to the Board and ordinarily delivered to the Secretary of the Board at least two months prior to the date on which the Vice-Chancellor wishes to be relieved. 9 ----- **16. powers and duties of the Vice-Chancellor.—(1) The Vice-Chancellor shall be the principal** executive and academic officer of the corresponding University and the Chairman of the Academic Council and shall, in the absence of the Chancellor, preside at a convocation of the corresponding University and shall confer degrees on persons entitled to receive them. (2) The Vice-Chancellor shall exercise control over the affairs of the corresponding University and shall be responsible for the due maintenance of discipline at that University. (3) The Vice-Chancellor shall convene meetings of the Academic Council unless he temporarily delegates this power to some other officer of the corresponding University. (4) Without prejudice to the powers conferred by this Act on the appropriate Government, the Vice-Chancellor shall ensure the faithful observance of the provisions of this Act and the Statutes and he shall exercise all such powers as may be necessary in that behalf. (5) The Vice-Chancellor shall be responsible for the presentation of the budget and the statement of accounts to the Board. (6) In any emergency, which, in the opinion of the Vice-Chancellor, requires immediate action to be taken, he shall take such action as he deems necessary and shall, at the earliest opportunity, report the action taken to the officer, authority or other body for confirmation who or which in the ordinary course would have dealt with the matter, but nothing in this sub-section shall be deemed to empower the Vice-Chancellor to incur any expenditure not duly authorised and provided for in the budget. (7) Where any action by the Vice-Chancellor under sub-section (6) affects any person in the service of the corresponding University to his disadvantage, such action shall not be taken unless the person concerned has been given a reasonable opportunity of being heard, and the person against whom any action is proposed to be taken may prefer an appeal to the Board within thirty days of the date on which the action proposed to be taken against him is communicated to him. (8) Subject as aforesaid, the Vice-Chancellor shall give effect to the orders of the Board regarding the appointment, suspension and dismissal of officers, teachers and other employees of the corresponding University. (9) The Vice-Chancellor shall be responsible for the close co-ordination and integration of teaching, research and extension education. (10) The Vice-Chancellor shall exercise such other powers as may be prescribed. (11) The salary and allowances payable to the officers, teachers and other employees of the corresponding University shall be determined by the Vice-Chancellor with the approval of the Board. **17. The Registrar.—(1) The Registrar of a corresponding University shall be a whole-time office of** that University and shall be appointed by the Vice-Chancellor of that University with the approval of the Board. (2) The Registrar of a corresponding University shall receive such remuneration and other emoluments as may be prescribed and shall not, during the tenure of his office, accept any remuneration or emolument other than the prescribed remuneration or emolument. (3) The powers and duties of the Registrar of a corresponding University shall be as follows:— (a) to be responsible for the custody of the records and the common seal of the University; (b) to be the ex officio Secretary to the Academic Council and to the Board and to place before such Council and Board all such information as may be necessary for the transaction of business of the Council or the Board, as the case may be; (c) to receive applications for admission into the University; (d) to keep a permanent record of all syllabi, curricula and informations connected therewith; (e) to make arrangements for the conduct of such examinations as may be prescribed and to be responsible for the due execution of all processes connected therewith; 10 ----- (f) to perform such other duties as may be prescribed or required, from time to time, by the Vice-Chancellor. **18. Comptroller.—(1) The Comptroller of a corresponding University shall be a whole-time officer** of that University and shall be appointed by the Vice-Chancellor of that University with the approval of the Board. (2) The Comptroller shall manage the property and investments of the corresponding University and advise it in regard to its financial policy. (3) The Comptroller shall be responsible to the Vice-Chancellor for all accounting matters of the corresponding University including the preparation and presentation of its Budget and statement of accounts. (4) The Comptroller shall receive such remuneration as may be prescribed and shall not, during the tenure of his office, receive any remuneration or other emolument other than the prescribed remuneration. (5) The Comptroller shall— (a) ensure that expenditure, not authorised in the budget, is not incurred by the corresponding University except by way of investment; and (b) disallow any expenditure not warranted by the terms of any Statute or for which provision is required to be made by the Statute but has not been so made. (6) All moneys belonging to the corresponding University shall be kept in a Scheduled Bank approved by the Board. **19. The Estate Officer.—The Estate Officer of a corresponding University, who shall be appointed** by the Vice-Chancellor with the approval of the Board, shall be responsible for the custody, maintenance and management of all the buildings, lawns, gardens and other properties of the University. **20. Director of Student Welfare.—(1) The Director of Student Welfare of a corresponding** University shall be a whole-time officer of that University and shall be appointed by the Vice-Chancellor with the approval of the Board. (2) The Director of Student Welfare shall have the following duties, namely:— (a) to make arrangements for the housing of students; (b) to direct a programme of student-counselling; (c) to arrange for the employment of students in accordance with the plans approved by the Vice-Chancellor; (d) to supervise the extra-curricular activities of students; (e) to assist in the placement of graduates of the University; and (f) to organise and maintain contact with the Alumni Association of the University. **21. Deans of colleges.—(1) Each college shall have a Dean who shall be a whole-time officer and** shall be appointed by the Vice-Chancellor with the approval of the Board. (2) The Dean shall be responsible to the Vice-Chancellor for all matters concerning his college. (3) The Dean shall be responsible for the organisation and the conduct of resident instruction of the Departments of the college. **22. The Librarian.—(1) The Librarian of a corresponding University shall be appointed by the** Vice-Chancellor with the approval of the Board and shall be in charge of the library. (2) The Librarian shall be responsible to the Vice-Chancellor for all matters concerning the library. **23. Academic Council.—(1) The Academic Council shall be in charge of the academic affairs of the** University and shall, subject to the provisions of this Act and the Statutes, superintend, direct and control, and be responsible for the maintenance of standards of instruction, education and examinations and other 11 ----- matters connected with the obtaining of degrees and shall exercise such other powers and perform such other duties as may be prescribed. (2) Without prejudice to the generality of the foregoing power, the Academic Council shall have power— (a) to advise the Vice-Chancellor on all academic matters, including the control and management of the libraries; (b) to co-opt at its meetings such Heads of Departments as it may consider necessary; (c) to make recommendations to the Vice-Chancellor for the institution of the Professorships, Associate Professorships, Assistant Professorships and teacherships and other teaching posts and in regard to the duties and emoluments thereof; (d) to formulate, modify or revise schemes for the constitution or reconstitution of departments of teaching, research and extension; (e) to make regulations regarding the admission of students to the University; (f) to make regulations regarding examinations conducted by the University and the conditions on which students shall be admitted to such examinations; (g) to make regulations relating to courses of study leading to degrees, diplomas and certificates; (h) to make recommendations regarding post-graduate teaching, research and extension; (i) to make recommendations regarding the qualifications to be prescribed for teachers in the University; (j) to exercise such other powers and perform such other duties as may be conferred or imposed on it by or under the provisions of this Act. (3) The Academic Council shall consist of— (a) the Vice-Chancellor; (b) the Deans of the colleges of the University; (c) the Dean of Post-Graduate Studies; (d) the Director of Extension Education; (e) the Director of Research; (f) the Head of one Department from each college, to be selected by the respective college. (4) The term of office of the members specified in clause (f) of sub-section (3) shall be two years. CHAPTER IV COLLEGES **24. The colleges.—(1) The following colleges shall be the constituent colleges of the Haryana** Agricultural University, namely:— (a) the College of Agriculture at Hissar; (b) the College of Veterinary Medicine at Hissar; (c) the College of Animal Sciences at Hissar; (d) the College of Basic Sciences and the Humanities and such other colleges as may be established by the University after the commencement of this Act; and (e) such Central Government institutions of agricultural research, technical and extension education in the State of Haryana as may desire to be integrated as colleges of the Haryana Agricultural University. 12 ----- (2) The following colleges shall be the constituent colleges of the Punjab Agricultural University, namely:— (a) the College of Agriculture at Ludhiana; (b) the College of Agricultural Engineering at Ludhiana; (c) the College of Basic Sciences and the Humanities at Ludhiana; (d) the College of Home Sciences at Ludhiana; (e) the College of Veterinary Medicine at Ludhiana; (f) until a University is established in the Union territory of Himachal Pradesh, the Agricultural College at Palampur; (g) such other colleges as may be established by the University after the commencement of this Act; and (h) such Central Government institutions of agricultural research, technical and extension education in the State of Punjab as may desire to be integrated as colleges of the Punjab Agricultural University. (3) (a) There shall be a Board of Studies for each college of a corresponding University and where there is more than one college in a branch of learning, there may be one Board of Studies for all the colleges in that branch of learning. (b) The Deans of various colleges shall be the Chairmen of the respective Boards of Studies and the Heads of Departments of the colleges shall be members thereof. (c) Where there is a Board of Studies for more than one college in a branch of learning, the Deans shall act as Chairmen of the Board of Studies by rotation according to seniority for a period of one year each. (d) The Vice-Chancellor may nominate to the Board of Studies such other teachers of related subjects or sciences from the same or other colleges, as he may deem fit. (e) The duties of such Boards of Studies shall be to prescribe syllabi so as to ensure integrated and well-balanced courses of study. (4) Every college shall comprise such Departments as may be prescribed and each Department shall be assigned such subjects of study as the Academic Council may deem fit. (5) There shall be a Head of each Department who shall be responsible to the Dean, for resident instruction, to the Director of Research, for research, and to the Director of Extension Education, for extension education. (6) The Head of each Department shall be selected by the Vice-Chancellor and appointed by him with the approval of the Board. (7) The duties, powers and functions of the Heads of Departments shall be such as may be prescribed. **25. Experiment Stations for research.—(1) Subject to the provisions of this Act and the Statutes,** Experiment Stations shall be established under each corresponding University, which shall be responsible for research, both fundamental and applied, and research activities shall be concentrated as far as possible at the Central Research Stations and other Regional Research and Testing Stations in the different agro-climatic zones of the State. (2) There shall be a Director of Research in each corresponding University, who shall be responsible to the Vice-Chancellor and who shall be appointed by the Vice-Chancellor in consultation with the Deans and with the approval of the Board. (3) The Director of Research shall be a whole-time officer trained in Agriculture and shall initiate, guide and co-ordinate the research programme of the corresponding University and its outlying sub-stations. 13 ----- **26. Agricultural Extension Education.—(1) In relation to the territories to which the functions of a** corresponding University extend, such University shall be responsible for— (a) the agricultural extension functions which are primarily educational in nature; and (b) imparting training to the future Extension Officers for the National Extension Blocks and instructors for the Extension Training Centres. (2) All Extension Specialists, in relation to any subject-matter, shall be the members of the staff of their respective subject-matter sections in each corresponding University and work in close co-ordination with the Departments of Agriculture, Development and Co-operatives. (3) The Director of Extension Education shall be a whole-time officer technically trained in agriculture and shall be appointed by the Vice-Chancellor in consultation with the Deans and with the approval of the Board. (4) The Director of Extension Education shall be responsible to the Vice-Chancellor and shall develop programmes for assisting farmers and housewives in applying results of scientific investigations to the solution of their problems. CHAPTER V SERVICES **27. Retirement and other conditions of services.—The age of retirement and other conditions of** service of every officer, teacher or other employee of a corresponding University shall be such as may be prescribed. **28. Provident fund.—Each corresponding University shall constitute gratuity and provident fund for** the benefit of its officers, teachers and other employees in such manner, and subject to such conditions, as may be prescribed. **29. Appointment of salaried officers.—Subject to the provisions of this Act, the members of the** technical staff of a corresponding University shall be selected by the Head of the Department in consultation with the members of the Department concerned, recommended by the Dean or the Director of Research or the Director of Extension Education, as the case may be, and appointed by the Vice-Chancellor with the approval of the Board. **30. Temporary arrangements.—The Vice-Chancellor may, until such time as the authorities of the** corresponding University are duly constituted, temporarily appoint any such officer of that University as such University is authorised by this Act to appoint. CHAPTER VI STATUTES AND REGULATIONS **31. Statutes.—Subject to the provisions of this Act, the Statutes of a corresponding University may** provide for any matter and shall, in particular, provide for the following:— (a) the constitution, powers and duties of the authorities of the University; (b) the election, appointment, and continuance in office of the members of the authorities of the University and of the officers, teachers and other employees of the University including the filling up of vacancies and all other matters relating to these authorities and officers, teachers and other employees for which it may be necessary or desirable to provide; (c) the designation, the manner of appointment, the powers, and the duties of the officers of the University; (d) the classification and the manner of appointment of teachers; (e) the constitution of gratuity or provident fund or both for the benefit of officers, teachers and other employees of the University; (f) the institution of degrees and diplomas; 14 ----- (g) the conferment of honorary degrees; (h) the establishment, amalgamation, sub-division and abolition of Departments; (i) the establishment, and the abolition of hostels maintained by the University; (j) the institution of fellowships, scholarships, medals and prizes; (k) the maintenance of a register of graduates; (l) the admission of students to the University and their enrolment and continuance as such; (m) the courses of study to be laid down for degrees and diplomas of the University; (n) the conditions under which students shall be admitted to the degree, diploma or other courses and the manner in which the examinations are to be held and the eligibility for the award of degrees and diplomas; (o) the conditions of residence of the students of the University and the levy of fees for residence in hostels maintained by the University; (p) the recognition and supervision of hostels not maintained by the University; (q) the number, qualifications, emoluments, and other conditions of service of officers, teachers and other employees of the University and the preparation and the maintenance of record of their services and activities; (r) the fees which may be charged by the University; (s) the remuneration and allowances, including travelling and daily allowances, to be paid to persons employed on the business of University; (t) the conditions for the award of fellowships, scholarships, medals and prizes, stipends and fee concessions; (u) all other matters which by this Act are to be or may be provided for by the Statutes. **32. Statutes how made.—(1) The Statutes made by the existing University under section 30 of the** Punjab Agricultural University Act, 1961 (Punjab Act 32 of 1961), and in force immediately before the commencement of this Act shall, in so far as they are not inconsistent with the provisions of this Act, and subject to such adaptations and modifications as may be notified by the appropriate Government, be the first Statutes of a corresponding University. (2) The Board may, from time to time, make new or additional Statutes and may amend or repeal the Statutes in the manner hereinafter provided in this section. (3) The Academic Council may propose to the Board the draft of Statutes and such draft shall be considered by the Board at its next meeting: Provided that the Academic Council shall not propose the draft of any Statute or any amendment of a Statute affecting the status, powers or constitution of any authority of the University until such authority has been given an opportunity to express its opinion upon the proposal, and any opinion so expressed shall be considered by the Board. (4) The Board may consider any such draft as is referred to in sub-section (3) and pass the proposed Statute or reject or return it to the Academic Council for re-consideration, either in whole or in part, together with any amendment which it may suggest. (5) (a) Any member of the Board may propose to the Board the draft of any Statute and the Board may either accept or reject the proposal if it relates to a matter not falling within the purview of the Academic Council. (b) In case such a draft relates to a matter within the purview of the Academic Council, the Board shall refer it for consideration to the Academic Council, which may either report to the Board that it does not approve the proposal, which, then, shall be deemed to have been rejected by the Board or submit the draft to the Board in such form as the Academic Council may approve, and the provisions of this section 15 ----- shall apply in the case of the draft submitted by any member of the Board as they apply in the case of a draft presented to the Board by the Academic Council. **33. Regulations.—(1) Any authority of a corresponding University may make Regulations consistent** with this Act and the Statutes for— (a) laying down the procedure to be observed at its meetings and the number of members required to form a quorum; (b) providing for all matters which by this Act and the Statutes are to be provided for by the Regulations; and (c) providing for any other matter solely concerning the authority and not provided for by this Act and the Statutes. (2) Every authority of the corresponding 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 transacted at meetings and for keeping of records of the proceedings of the meetings. (3) The Academic Council may, subject to the provisions of the Statutes, make Regulations providing for courses of study, system of examinations, and degrees and diplomas of a corresponding University after receiving drafts of the same from the Board of Studies concerned. (4) The Academic Council may not alter a draft received from the Board of Studies, but may reject or return it to the Board of Studies for further consideration together with the suggestions of the Academic Council. (5) The Board may direct the amendment, in such manner as it may specify, of any Regulation made under this section or the annulment of any Regulation made under sub-section (1). (6) Notwithstanding anything contained in this section, the Regulations made by the existing University under section 31 of the Punjab Agricultural University Act, 1961 (Punjab Act 32 of 1961) and in force immediately before the commencement of this Act shall, in so far as they are not inconsistent with the provisions of this Act and subject to such adaptations and modifications as may be notified by the appropriate Government, be the first Regulations of each corresponding University. CHAPTER VII ACCOUNTS AND AUDIT **34. Accounts and audit.—(1) Each corresponding University shall have a general fund to which** shall be credited— (a) income from fees, endowments and grants and from properties of the University including Hostels, Experiment Stations and Farms; (b) contributions and grants which may be made by the appropriate Government on such conditions which it may impose; and (c) other contributions, grants, donations and benefactions. (2) Each corresponding University shall constitute a Finance Committee consisting of— (a) the Vice-Chancellor; (b) the Comptroller; (c) a member chosen by the Board from amongst the official members; (d) a member chosen by the Board from amongst the non-official members. (3) The powers and duties of the Finance Committee of a corresponding University shall be as follows— (a) to examine the annual accounts of the University and to advise the Board thereon; (b) to examine the annual budget estimates and to advise the Board thereon; 16 ----- (c) to review the financial position of the University from time to time; (d) to make recommendations to the University on all matters relating to the finances of the University; (e) to make recommendations to the Board on all proposals involving expenditure for which no provision has been made in the budget or which involves expenditure in excess of the amount provided in the budget. (4) The accounts and the balance-sheet shall be submitted by the Vice-Chancellor through the Board to the appropriate Government which shall cause them to be audited by the Examiner, Local Fund Accounts. (5) The accounts, when audited, shall be printed and copies thereof together with audit report, shall be submitted by the Vice-Chancellor to the Board, which shall forward them to the appropriate Government with such comments as it may deem fit and that Government shall cause a copy of the audited accounts together with its comments thereon to be laid before the State Legislature. CHAPTER VIII MISCELLANEOUS **35. Division of assets and liabilities.—On the commencement of this Act, the assets and liabilities of** the existing University shall stand transferred to, and shall vest in, the Haryana Agricultural University and the Punjab Agricultural University and shall be apportioned between such Universities in accordance with the following principles, namely:— (a) (i) any asset of the existing University which is, immediately before the commencement of this Act, in the State of Haryana, and every right to such property, shall stand transferred to, and shall vest in, the Haryana Agricultural University; (ii) every other asset and every right thereto shall stand transferred to, and shall vest in, the Punjab Agricultural University; (b) (i) every liability of the existing University which is relatable to any unit or asset in the State of Haryana shall, if subsisting immediately before the commencement of this Act, be the liability of the Haryana Agricultural University; (ii) every other liability of the existing University, if subsisting on such commencement, shall be the liability of the Punjab Agricultural University; (c) the cash balances (whether in the form of cash, bank or security deposits) and reserve funds held by the existing University, immediately before the commencement of this Act, shall, after deducting all the liabilities of the existing University up to such commencement, be apportioned between the Haryana Agricultural University and the Punjab Agricultural University in the ratio of 40:60; (d) every contract made by the existing University before the commencement of this Act shall, if subsisting at such commencement, be deemed to have been made— (i) in the case of a contract which is relatable to any asset or unit of the existing University in the State of Haryana, by the Haryana Agricultural University; (ii) in any other case, by the Punjab Agricultural University; (e) every share, debenture, bond and other investment made by the existing University shall be valued on the basis of average market value thereof during one year immediately before the commencement of this Act, and the value so determined shall be apportioned between the Haryana Agricultural University and the Punjab Agricultural University in the ratio of 40:60; (f) every borrowing made by the existing University before the commencement of this Act shall, if the liability is subsisting on such commencement, be repaid together with the interest due thereon by the Haryana Agricultural University and the Punjab Agricultural University in the ratio of 40:60; 17 ----- (g) the Provident Fund and accruals thereto of every officer or other employee of the existing University shall stand transferred to the corresponding University in which he has been posted on the date of the commencement of this Act. _Explanation.—For the purposes of this section, “asset” shall be deemed to include all property,_ movable and immovable, rights, powers, authorities and privileges, and all other rights and interests arising out of such property as were immediately before the commencement of this Act in the ownership, possession, power or control of the existing University, and all books of accounts, registers, records and all other documents of whatever nature relating thereto and shall also be deemed to include all obligations of whatever kind then subsisting of the existing University. **36. Legal proceedings.—If, at the commencement of this Act, any suit, appeal or other proceeding of** whatever nature is pending by or against the existing University, the same shall not abate, be discontinued or be in any way prejudicially affected by reason of the dissolution of the existing University, but the suit, appeal or other proceeding may be continued, prosecuted or enforced by or against— (a) the Haryana Agricultural University, if it relates to any property or unit of the existing University in the State of Haryana; and (b) in any other case, the Punjab Agricultural University. **37. Transfer of employees.—(1) Save as otherwise provided in section 13, all officers and other** employees of the existing University holding office as such immediately before the commencement of this Act shall, on such commencement, become the officers or other employees of the corresponding University and such officers or other employees shall be divided between those Universities in accordance with the following principles, namely:— (a) those officers or other employees of the existing University who are holding office in, or in connection with, any property or unit of the existing University in the State of Haryana shall become the officers or other employees of the Haryana Agricultural University; (b) every other officer or other employee of the existing University, shall become the officer or other employee of the Punjab Agricultural University. (2) Every officer or other employee of the existing University shall, on and from the commencement of this Act hold his office or service in the corresponding University on the same terms and conditions and with the same rights to pension, provident fund, gratuity and other matters as would have been admissible to him if the existing University had not been dissolved, and continue to do so unless and until his employment in the corresponding University is duly terminated or until his remuneration and terms or conditions of service are duly altered by the corresponding University. (3) For the persons who, immediately before the commencement of this Act, were the trustees for pension, provident, gratuity or other like fund, constituted for the officers or other employees of the existing University, there shall be substituted as trustees such persons as the appropriate Government may by general or special order, specify. (4) Notwithstanding anything contained in the Industrial Disputes Act, 1947 (14 of 1947), or any other law for the time being in force, the transfer of the services of any officer or other employee from the existing University to a corresponding University shall not entitle such officer or other employee to any compensation, whether under this Act or under any other law for the time being in force, and no such claim shall be entertained by any court, tribunal or other authority. **38. Membership of corresponding University bodies.—(1) All casual vacancies among the** members (other than ex officio members) of any authority or body of each corresponding University shall be filled, as soon as possible, by the person or body who or which appointed or nominated the member, whose place became vacant, and the person appointed or nominated to a casual vacancy shall be a member of such authority or body for the remaining period of the term for which the person whose place he fills would have been a member. 18 ----- (2) A person, who is a member of any authority of a corresponding University as a representative of another body, whether of that University or not, shall retain his seat on that authority so long as he continues to be a member of the body by which he was appointed or nominated and thereafter till his successor is duly appointed or elected. (3) No act or proceeding of any authority or body of a corresponding University shall be invalid by reason merely of the existence of any vacancy or defect in the constitution of such authority or body. (4) If any question arises whether any person has been duly appointed as, or is entitled to be, a member of any authority of a corresponding University subordinate to the Board or whether any decision of the corresponding University is in accordance with this Act and the Statutes, the question shall be referred to the appropriate Government whose decision thereon shall be final. **39. Annual Report.—(1) The Annual Report of a corresponding University shall be prepared under** the directions of the Vice-Chancellor and submitted to the Board at least one month before the annual meeting at which it is to be considered. (2) The Board shall, after consideration of the Annual Report, forward a copy thereof to the appropriate Government. (3) On receipt of a copy of the Annual Report referred to in sub-section (1), the appropriate Government shall cause a copy of such Report, together with its comments thereon, to be laid before the State Legislature. (4) Notwithstanding the dissolution of the existing University, the Annual Report of the existing University for the year 1969-70 shall be prepared under the directions of the Vice-Chancellor of the Punjab Agricultural University and the Board of that University shall, after consideration of the Annual Report, forward a copy thereof to the appropriate Government. **40. Construction of references to existing University in any document, etc.—Any reference to the** existing University in any law, other than this Act, or in any contract or other instrument shall be construed,— (a) if such reference relates to any asset or property of the existing University in the State of Haryana, as a reference to the Haryana Agricultural University; and (b) in any other case, as a reference to the Punjab Agricultural University. **41. Obligations to be discharged by the Punjab Agricultural University.—Any obligation** incurred, before the commencement of this Act, by the existing University to confer any degree or other academic distinction on, or to issue any diploma or other certificate to, any person or to grant any copy of any degree, diploma, certificate, marks-sheet or other document to any person shall, on such commencement, be the obligation of the Punjab Agricultural University. **42. Proportion of cost to be borne by the Government of Himachal Pradesh.—In consideration of** the maintenance, by the Punjab Agricultural University, of a campus at Palampur, the Government of the Union territory of Himachal Pradesh shall bear a portion of the cost of the Punjab Agricultural University and the quantum of such cost shall be determined by the Central Government having regard to the benefit derived by that Union territory. **43. Settlement of unresolved disputes.—(1) If any dispute arises by reason of the dissolution of the** existing University, such dispute shall be resolved in the first instance by the Vice-Chancellors of the corresponding Universities and in the event of the failure of such Vice-Chancellors to arrive at an agreed solution with regard to any such dispute, the matter shall be referred to the Secretary to the Government of India in the Ministry dealing with Agriculture and the decision thereon of such Secretary shall be final. (2) If, on the establishment of a University in the Union territory of Himachal Pradesh, any dispute arises with regard to the transfer of assets or liabilities pertaining to the Agricultural College at Palampur or the research, training and extension centres, or property, of the Punjab Agricultural University located in the said Union territory or with regard to the transfer of the officers or other employees of such College or centres to the University established in the Union territory of Himachal Pradesh, such dispute shall be resolved in the first instance by the Vice-Chancellor of the Punjab Agricultural University and the 19 ----- Chief Secretary to the Government of the Union territory of Himachal Pradesh and in the event of their failure to arrive at an agreed solution with regard to any such dispute, the matter shall be referred to the Secretary to the Government of India in the Ministry dealing with Agriculture and the decision thereon of such Secretary shall be final. **44. 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: Provided that no such power shall be exercised after the expiry of the period of two years from the commencement of this Act. **45. Repeals and saving.—(1) The Punjab Agricultural University Act, 1961 (Punjab** Act 32 of 1961), is hereby repealed. (2) The provisions of the General Clauses Act, 1897 (10 of 1897), shall apply to the repeal of the said Act as if the said Act were a Central Act. (3) The Haryana and Punjab Agricultural Universities Ordinance, 1970 (1 of 1970), is hereby repealed. (4) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act. 20 -----

9-Aug-1970

28

The Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970

https://www.indiacode.nic.in/bitstream/123456789/1449/3/A1970-28.pdf

central

# THE SUPREME COURT (ENLARGEMENT OF CRIMINAL APPELLATE JURISDICTION) ACT, 1970 ___________ ARRANGEMENT OF SECTIONS ___________ SECTIONS 1. Short title and extent. 2. Enlarged appellate jurisdiction of Supreme Court in regard to criminal matters. 1 ----- # THE SUPREME COURT (ENLARGEMENT OF CRIMINAL APPELLATE JURISDICTION) ACT, 1970 ACT NO. 28 OF 1970 [9th August, 1970.] # An Act to enlarge the appellate jurisdiction of the Supreme Court in regard to criminal matters. BE it enacted by Parliament in the Twenty-first Year of the Republic of India as follows:— **1. Short title and extent.—(1) This Act may be called the Supreme Court (Enlargement of Criminal** Appellate Jurisdiction) Act, 1970. (2) It extends to the whole of India [1]***. **2. Enlarged appellate jurisdiction of Supreme Court in regard to criminal matters.—Without** prejudice to the powers conferred on the Supreme Court by clause (1) of article 134 of the Constitution, an appeal shall lie to the Supreme Court from any judgment, final order or sentence in a criminal proceeding of a High Court in the territory of India if the High Court— (a) has on appeal reversed an order of acquittal of an accused person and sentenced him to imprisonment for life or to imprisonment for a period of not less than ten years; (b) has withdrawn for trial before itself any case from any court subordinate to its authority and has in such trial convicted the accused person and sentenced him to imprisonment for life or to imprisonment for a period of not less than ten years. 1. The words “except the State of Jammu and Kashmir” omitted by Act 37 of 1972, s. 2 (w.e.f. 20-8-1972). 2 -----

5-Sep-1970

37

The Contract Labour (Regulation and Abolition) Act, 1970

https://www.indiacode.nic.in/bitstream/123456789/1467/1/A1970-37.pdf

central

# THE CONTRACT LABOUR (REGULATION AND ABOLITION) ACT, 1970 _______ ARRANGEMENT OF SECTIONS ________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent, commencement and application. 2. Definitions. CHAPTER II THE ADVISORY BOARDS 3. Central Advisory Board. 4. State Advisory Board. 5. Power to constitute committees. CHAPTER III REGISTRATION OF ESTABLISHMENTS EMPLOYING CONTRACT LABOUR 6. Appointment of registering officers. 7. Registration of certain establishments. 8. Revocation of registration in certain cases. 9. Effect of non-registration. 10. Prohibition of employment of contract labour. CHAPTER IV LICENSING OF CONTRACTORS 11. Appointment of licensing officers. 12. Licensing of contractors. 13. Grant of licences. 14. Revocation, suspension and amendment of licences. 15. Appeal. CHAPTER V WELFARE AND HEALTH OF CONTRACT LABOUR 16. Canteens. 17. Rest-rooms. 18. Other facilities. 19. First-aid facilities. 20. Liability of principal employer in certain cases. 21. Responsibility for payment of wages. ----- CHAPTER VI PENALTIES AND PROCEDURE SECTIONS 22. Obstructions. 23. Contravention of provisions regarding employment of contract labour. 24. Other offences. 25. Offences by companies. 26. Cognizance of offences. 27. Limitation of prosecutions. CHAPTER VII MISCELLANEOUS 28. Inspecting staff. 29. Registers and other records to be maintained. 30. Effect of laws and agreements inconsistent with this Act. 31. Power to exempt in special cases. 32. Protection of action taken under this Act. 33. Power to give directions. 34. Power to remove difficulties. 35. Power to make rules. ----- # THE CONTRACT LABOUR (REGULATION AND ABOLITION) ACT, 1970 ACT NO. 37 OF 1970 [5th September, 1970.] # An Act to regulate the employment of contract labour in certain establishments and to provide for its abolition in certain circumstances and for matters connected therewith. BE it enacted by Parliament in the Twenty-first Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title, extent, commencement and application.—(1) This Act may be called the Contract** Labour (Regulation and Abolition) Act, 1970. (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 and different dates may be appointed for different provisions of this Act. (4) It applies— (a) to every establishment in which twenty or more workmen are employed or were employed on any day of the preceding twelve months as contract labour; (b) to every contractor who employees or who employed on any day of the preceding twelve months twenty or more workmen: Provided that the appropriate 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 or contractor employing such number of workmen less than twenty as may be specified in the notification. (5) (a) It shall not apply to establishments in which work only of an intermittent or casual nature is performed. (b) If a question arises whether work performed in an establishment is of an intermittent or casual nature, the appropriate Government shall decide that question after consultation with Central Board or, as the case may be, a State Board, and its decision shall be final. _Explanation.—For the purpose of this sub-section, work performed in an establishment shall not be_ deemed to be of an intermittent nature— (i) if it was performed for more than one hundred and twenty days in the preceding twelve months, or (ii) if it is of a seasonal character and is performed for more than sixty days in a year. **STATE AMENDMENT** **Maharashtra** **Amendment of section 1 of 37 of 1970.—In Section 1 of the Contract Labour (Regulation and** Abolition) Act, 1970, in its application to the State of Maharashtra, in sub-section (4),— (a) in clause (a), for the words “twenty or more workmen” the words “fifty or more workmen” shall be substituted; 1. 10th February, 1971, vide notification No. G.S.R. 190, dated 1st February, 1971, see Gazette of India, Extraordinary, Part II, sec. 3(i). ----- (b) in clause (b), for the words “twenty or more workmen” the words “fifty or more workmen” shall be substituted; (c) in the proviso, for the words “less than twenty” the words “less than fifty” shall be substituted. [Vide Maharashtra Act 2 of 2017, s. 2.] **Andhra Pradesh** **Amendment of section 1 central Act 37 of 1970.—In the Contract Labour (Regulation and** Abolition) Act, 1970, in section 1, in sub-section (4), in clauses (a), (b) and the provisio thereunder, for the word “twenty” the word “fifty” shall be substituted. [Vide Andhra Pradesh Act 21 of 2015, s. 2.] **Uttar Pradesh** **In section 1 of the Contract Labour (Regulation and Abolition) Act, 1970 hereinafter referred** **to as the principal Act, for sub-section (4) the following sub-section shall be substituted—** “(4) It applies— (a) to every establishment in which fifty or more workmen are employed or were employed on any day of the preceding twelve months as contract labour; (b) to every contractor who employs or who employed on any day of the preceding twelve months fifty or more workmen. Provided that the State 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 or contractor employing such number of workmen less than fifty as may be specified in the notification.” [Vide the Uttar Pradesh Act 14 of 2018, s. 2] **Union Territory Jammu and Kashmir and Ladakh** **Section 1.—In sub-section (4), in clause (a), for "twenty", substitute "forty".** [Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, Notification no. S.O. 3465(E), _dated (5-10-2020) and_ _vide Union Territory of Ladakh Reorganisation_ (Adaptation of Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-10-2020).] **Rajasthan** **Amendment of section 1, Central Act No. 37 of 1970.—For the existing sub-section (4) of section** 1 of the Contract Labour (Regulation and Abolition) Act, 1970 (Central Act No. 37 of 1970), in its application to the State of Rajasthan, the following shall be substituted, namely: “(4) It applies (a) to every establishment in which fifty or more workmen are employed or were employed on any day of the preceding twelve months as contract labour; (b) to every contractor who employs or who employed on any day of the preceding twelve months fifty or more workmen: Provided that the State 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 or contractor employing such number of workmen less than fifty as may be specified in the notification.” [Vide Rajasthan Act 19 of 2014, s. 2] ----- **Gujarat** **Amendment of section 1 of 37 of 1970.—In the Contract Labour (Regulation and Abolition) Act, 1970, in its** application to the State of Gujarat (hereinafter referred to as “the principal Act”), in section 1, sub-section (4),— (i) in clause (a), for the word “twenty”, the word “fifty” shall be substituted; (ii) in clause (b), for the word “twenty”, the word “fifty” shall be substituted; (iii) in the proviso, for the word “twenty”, the word “fifty” shall be substituted. [Vide Gujarat Act 2 of 2021, s. 2] **2. Definitions.—(1) In this Act, unless the context otherwise requires,—** 1[(a) “appropriate Government” means,— (i) in relation to an establishment in respect of which the appropriate Government under the Industrial Disputes Act, 1947 (14 of 1947), is the Central Government, the Central Government; (ii) in relation to any other establishment, the Government of the State in which that other establishment is situate;] (b) a workman shall be deemed to be employed as “contract labour” in or in connection with the work of an establishment when he is hired in or in connection with such work by or through a contractor, with or without the knowledge of the principal employer; (c) “contractor”, in relation to an establishment, means a person who undertakes to produce a given result for the establishment, other than a mere supply of goods of articles of manufacture to such establishment, through contract labour or who supplies contract labour for any work of the establishment and includes a sub-contractor; (d) “controlled industry” means any industry the control of which by the Union has been declared by any Central Act to be expedient in the public interest; (e) “establishment” means— (i) any office or department of the Government or a local authority, or (ii) any place where any industry, trade, business, manufacture or occupation is carried on; (f) “prescribed” means prescribed by rules made under this Act; (g) “principal employer” means— (i) in relation to any office or department of the Government or a local authority, the head of that office or department or such other officer as the Government or the local authority, as the case may be, may specify in this behalf, (ii) in a factory, the owner or occupier of the factory and where a person has been named as the manager of the factory under the Factories Act, 1948 (63 of 1948), the person so named, (iii) in a mine, the owner or agent of the mine and where a person has been named as the manager of the mine, the person so named, (iv) in any other establishment, any person responsible for the supervision and control of the establishment. _Explanation.—For the purpose of sub-clause (iii) of this clause, the expressions “mine”, “owner” and_ “agent” shall have the meanings respectively assigned to them in clause (j), clause (l) and clause (c) of sub-section (1) of section 2 of the Mines Act, 1952 (35 of 1952); (h) “wages” shall have the meaning assigned to it in clause (vi) of section 2 of the Payment of Wages Act, 1936 (4 of 1936); (i) “workman” means any person employed in or in connection with the work of any establishment to do any skilled, semi-skilled or un-skilled manual, supervisory, technical or clerical 1. Subs. by Act 14 of 1986, s. 2, for clause (a) (w.e.f. 28-1-1986). ----- work for hire or reward, whether the terms of employment be express or implied, but does not include any such person— (A) who is employed mainly in a managerial or administrative capacity; or (B) who, being employed in a superviory capacity draws wages exceeding five hundred rupees per mensem or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature; or (C) who is an out-worker, that is to say, a person to whom any articles or materials are given out by or on behalf of the principal employer to be made up, cleaned, washed, altered, ornamented, finished, repaired, adapted or otherwise processed for sale for the purposes of the trade or business of the principal employer and the process is to be carried out either in the home of the out-worker or in some other premises, not being premises under the control and management of the principal employer. (2) Any reference in this Act 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. CHAPTER II THE ADVISORY BOARDS **3. Central Advisory Board.—(1) The Central Government shall, as soon as may be, constitute a** board to be called the Central Advisory Contract Labour Board (hereinafter referred to as the Central Board) to advise the Central Government on such matters arising out of the administration of this Act as may be referred to it and to carry out other functions assigned to it under this Act. (2) The Central Board shall consist of— (a) a Chairman to be appointed by the Central Government; (b) the Chief Labour Commissioner (Central), ex officio; (c) such number of members, not exceeding seventeen but not less than eleven, as the Central Government may nominate to represent that Government, the Railways, the coal industry, the mining industry, the contractors, the workmen and any other interests which, in the opinion of the Central Government, ought to be represented on the Central Board. (3) The number of persons to be appointed as members from each of the categories specified in sub-section (2), the term of office and other conditions of service of, the procedure to be followed in the discharge of their functions by, and the manner of filling vacancies among, the members of the Central Board shall be such as may be prescribed: Provided that the number of members nominated to represent the workmen shall not be less than the number of members nominated to represent the principal employers and the contractors. **4. State Advisory Board.—(1) The State Government may constitute a board to be called the State** Advisory Contract Labour Board (hereinafter referred to as the State Board) to advise the State Government on such matters arising out of the administration of this Act as may be referred to it and to carry out other functions assigned to it under this Act. (2) The State Board shall consist of— (a) a Chairman to be appointed by the State Government; (b) the Labour Commissioner, _ex officio, or in his absence any other officer nominated by the_ State Government in that behalf; *. 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. ----- (c) such number of members, not exceeding eleven but not less than nine, as the State Government may nominate to represent that Government, the industry, the contractors, the workmen and any other interests which, in the opinion of the State Government, ought to be represented on the State Board. (3) The number of persons to be appointed as members from each of the categories specified in sub-section (2), the term of office and other conditions of service of, the procedure to be followed in the discharge of their functions by, and the manner of filling vacancies among the, members of the State Board shall be such as may be prescribed: Provided that the number of members nominated to represent the workmen shall not be less than the number of members nominated to represent the principal employers and the contractors. **5. Power to constitute committees.—(1) The Central Board or the State Board, as the case may be,** may constitute such committees and for such purpose or purposes as it may think fit. (2) The committee constituted under sub-section (1) 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 prescribed. (3) The members of a committee shall be paid such fees and allowances for attending its meetings as may be prescribed: Provided that no fees shall be payable to a member who is an officer of Government or of any corporation established by any law for the time being in force. CHAPTER III REGISTRATION OF ESTABLISHMENTS EMPLOYING CONTRACT LABOUR **6. Appointment of registering officers.—The appropriate Government may, by an order notified 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 conferred on him by or under this Act. **7. Registration of certain establishments.—(1) Every principal employer of an establishment to** which this Act applies shall, within such period as the appropriate Government may, by notification in the Official Gazette, fix in this behalf with respect to establishments generally or with respect to any class of them, make an application to the registering officer in the prescribed manner for registration of the establishment: Provided that the registering officer may entertain any such application for registration after expiry of the period fixed in this behalf, if the registering officer is satisfied that the applicant was prevented by sufficient cause from making the application in time. (2) If the application for registration is complete in all respects, the registering officer shall register the establishment and issue to the principal employer of the establishment a certificate of registration containing such particulars as may be prescribed. **STATE AMENDMENTS** **Uttar Pradesh** **In section 7 of the principal Act, after sub-section (2) the following sub-section shall be inserted,** **namely:-** “(3) On submission of application in all respect the registering officer shall grant or refuse to grant or object to grant registration within one day from the date of submission of application and in such manner as may be prescribed. On the expiration of the said period the registration shall be deemed to be granted.” ----- Applicant may submit his application on departmental web portal along with necessary documents and payment of fee. In such case if the application is complete in all respect and the applicant is eligible, automatic registration shall be granted by the web portal and registration certificate be sent through email; Provided that if the registration is obtained by the misrepresentation of fact or concealment of fact or on the basis of forged document then such registration shall be deemed null and void and can be cancelled by registering officer and legal action shall be taken against applicant.” [Vide the Uttar Pradesh Act 14 of 2018, s. 3] **8. Revocation of registration in certain cases.—If the registering officer is satisfied, either on a** reference made to him in this behalf or otherwise, that the registration of any establishment has been obtained by misrepresentation or suppression of any material fact, or that for any other reason the registration has become useless or ineffective and, therefore, requires to be revoked, the registering officer may, after giving an opportunity to the principal employer of the establishment to be heard and with the previous approval of the appropriate Government, revoke the registration. **9. Effect of non-registration.—No principal employer of an establishment, to which this Act applies,** shall— (a) in the case of an establishment required to be registered under section 7, but which has not been registered within the time fixed for the purpose under that section, (b) in the case of an establishment the registration in respect of which has been revoked under section 8, employ contract labour in the establishment after the expiry of the period referred to inclause (a) or after the revocation of registration referred to in clause (b), as the case may be. **10. Prohibition of employment of contract labour.—(1) Notwithstanding anything contained in** this Act, the appropriate Government may, after consultation with the Central Board or, as the case may be, a State Board, prohibit, by notification in the Official Gazette, employment of contract labour in any process, operation or other work in any establishment. (2) Before issuing any notification under sub-section (1) in relation to an establishment, the appropriate Government shall have regard to the conditions of work and benefits provided for the contract labour in that establishment and other relevant factors, such as— (a) whether the process, operation or other work is incidental to, or necessary for the industry, trade, business, manufacture or occupation that is carried on in the establishment; (b) whether it is of perennial nature, that is to say, it is of sufficient duration having regard to the nature of industry, trade, business, manufacture or occupation carried on in that establishment; (c) whether it is done ordinarily through, regular workmen in that establishment or an establishment similar thereto; (d) whether it is sufficient to employ considerable number of wholetime workmen. _Explanation.—If a question arises whether any process or operation or other work is of perennial_ nature, the decision of the appropriate Government thereon shall be final. CHAPTER IV LICENSING OF CONTRACTORS **11. Appointment of licensing officers.—The appropriate Government may, by an order notified in** the Official Gazette,— (a) appoint such persons, being Gazetted Officers of Government, as it thinks fit to be licensing officers for the purposes of this Chapter; and (b) define the limits, within which a licensing officer shall exercise the powers conferred on licensing officers by or under this Act. ----- **12. Licensing of contractors.—(1) With effect from such date as the appropriate Government may,** by notification in the Official Gazette, appoint, no contractor to whom this Act applies, shall undertake or execute any work through contract labour except under and in accordance with a licence issued in that behalf by the licensing officer. (2) Subject to the provisions of this Act, a licence under sub-section (1) may contain such conditions including, in particular, conditions as to hours of work, fixation of wages and other essential amenities in respect of contract labour as the appropriate Government may deem fit to impose in accordance with the rules, if any, made under section 35 and shall be issued on payment of such fees and on the deposit of such sum, if any, as security for the due performance of the conditions as may be prescribed. **13. Grant of licences.—(1) Every application for the grant of a licence under sub-section (1) of** section 12 shall be made in the prescribed form and shall contain the particulars regarding the location of the establishment, the nature of process, operation or work for which contract labour is to be employed and such other particulars as may be prescribed. (2) The licensing officer may make such investigation in respect of the application received under sub-section (1) and in making any such investigation the licensing officer shall follow such procedure as may be prescribed. (3) A licence granted under this Chapter shall be valid for the period specified therein and may be renewed from time to time for such period and on payment of such fees and on such conditions as may be prescribed. **STATE AMENDMENTS** **Uttar Pradesh** **Amendment of Section 13.—In section 13 of the principal Act, after sub-section (3) the following** sub section shall be inserted, namely:— “(4) If an application for licenses is complete in all respects and the licensing officer fails to make any order within a period of one day then it shall be deemed that the license has been granted to him.” [Vide the Uttar Pradesh Act 14 of 2018, s. 4] **14. Revocation, suspension and amendment of licences.—(1) If the licensing officer is satisfied,** either on a reference made to him in this behalf or otherwise, that— (a) alicence granted under section 12 has been obtained by misrepresentation or suppression of any material fact, or (b) the holder of a licence has, without reasonable cause, failed to comply with the conditions subject to which the licence has been granted or has contravened any of the provisions of this Act or the rules made thereunder, then, without prejudice to any other penalty to which the holder of the licence may be liable under this Act, the licensing officer may, after giving the holder of the licence an opportunity of showing cause, revoke or suspend the licence or forfeit the sum, if any, or any portion thereof deposited as security for the due performance of the conditions subject to which the licence has been granted. (2) Subject to any rules that may be made in this behalf, the licensing officer may vary or amend a licence granted under section 12. **15. Appeal.—(1) Any person aggrieved by an order made under section 7, section 8, section 12 or** section 14 may, within thirty days from the date on which the order is communicated to him, prefer an appeal to an appellate officer who shall be a person nominated in this behalf by the appropriate Government: Provided that the appellate officer may entertain the appeal after the expiry of the said period of thirty days, if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. (2) On receipt of an appeal under sub-section (1), the appellate officer shall, after giving the appellant an opportunity of being heard, dispose of the appeal as expeditiously as possible. ----- CHAPTER V WELFARE AND HEALTH OF CONTRACT LABOUR **16. Canteens.—(1) The appropriate Government may make rules requiring that in every** establishment— (a) to which this Act applies, (b) wherein work requiring employment of contract labour is likely to continue for such period as may be prescribed, and (c) wherein contract labour numbering one hundred or more is ordinarily employed by a contractor, one or more canteens shall be provided and maintained by the contractor for the use of such contract labour. (2) Without prejudice to the generality of the foregoing power, such rules may provide for— (a) the date by which the canteens 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; and (c) the foodstuffs which may be served therein and the charges which may be made therefor. **17. Rest-rooms.—(1) In every place wherein contract labour is required to halt at night in connection** with the work of an establishment— (a) to which this Act applies, and (b) in which work requiring employment of contract labour is likely to continue for such period as may be prescribed, there shall be provided and maintained by the contractor for the use of the contract labour such number of rest-rooms or such other suitable alternative accommodation within such time as may be prescribed. (2) The rest-rooms or the alternative accommodation to be provided under sub-section (1) shall be sufficiently lighted and ventilated and shall be maintained in a clean and comfortable condition. **18. Other facilities.—It shall be the duty of every contractor employing contract labour in connection** with the work of an establishment to which this Act applies, to provide and maintain— (a) a sufficient supply of wholesome drinking water for the contract labour at convenient places; (b) a sufficient number of latrines and urinals of the prescribed types so situated as to be convenient and accessible to the contract labour in the establishment; and (c) washing facilities. **19. First-aid facilities.—There shall be provided and maintained by the contractor so as to be readily** accessible during all working hours a first-aid box equipped with the prescribed contents at every place where contract labour is employed by him. **20. Liability of principal employer in certain cases.—(1) If any amenity required to be provided** under section 16, section 17, section 18 or section 19 for the benefit of the contract labour employed in an establishment is not provided by the contractor within the time prescribed therefor, such amenity shall be provided by the principal employer within such time as may be prescribed. (2) All expenses incurred by the principal employer in providing the amenity may be recovered by the principal employer from the contractor either by deduction from any amount payable to the contractor under any contract or as a debt payable by the contractor. **21. Responsibility for payment of wages.—(1) A contractor shall be responsible for payment of** wages to each worker employed by him as contract labour and such wages shall be paid before the expiry of such period as may be prescribed. ----- (2) Every principal employer shall nominate a representative duly authorised by him to be present at the time of disbursement of wages by the contractor and it shall be the duty of such representative to certify the amounts paid as wages in such manner as may be prescribed. (3) It shall be the duty of the contractor to ensure the disbursement of wages in the presence of the authorised representative of the principal employer. (4) In case the contractor fails to make payment of wages within the prescribed period or makes short payment, then the principal employer shall be liable to make payment of wages in full or the unpaid balance due, as the case may be, to the contract labour employed by the contractor and recover the amount so paid from the contractor either by deduction from any amount payable to the contractor under any contract or as a debt payable by the contractor. CHAPTER VI PENALTIES AND PROCEDURE **22. Obstructions.—(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, inquiry or investigation authorised by or under this Act in relation to an establishment to which, or a contractor to whom, this Act applies, 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 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 three months, or with fine which may extend to five hundred rupees, or with both. **23. Contravention of provisions regarding employment of contract labour.—Whoever** contravenes any provision of this Act or of any rules made thereunder prohibiting, restricting or regulating the employment of contract labour, or contravenes any condition of a licence granted 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, and in the case of a continuing contravention with an additional fine which may extend to one hundred rupees for every day during which such contravention continues after conviction for the first such contravention. **24. Other offences.—If any person contravenes any of the provisions of this Act or of any rules made** thereunder for which no other penalty is elsewhere provided, 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. **25. Offences by companies.—(1) If 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, managing agent or any other officer of the company, such director, manager, managing agent or such 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. **STATE AMENDMENT** **Uttar Pradesh** **Insertion of new Section 25-A.—After section-25 of the principal Act the following section shall be** inserted, namely:— **“25-A.** (1) Any offence committed under this Act, punishable with fine or imprisonment up to six months or with both may, on an application of the accuses person, either before or after institution of any prosecution, be compounded by such Competent Officer, as the State Government may by notification, specify for a sum of fifty percent of the maximum fine provided for such offence, in such manner as may be prescribed: Provided that the provision of compounding under this section shall be available only for commission of first offence. (2) Every application for the compounding of an offence shall be made in such manner as may be prescribed. (3) Where any offence is compounded before the institution of any prosecution, no prosecution shall be instituted in relation to such offence, against the offender in relation to whom the offence is so compounded. (4) Where the composition of any offence is made after the institution of any prosecution, such composition shall be brought by the officer referred to in sub-section (1) in writing to the notice of the court in which prosecution is pending and on such notice of the composition of the offence being given, the person against whom the offence is so compounded shall be discharged.” [Vide the Uttar Pradesh Act 14 of 2018, s. 5] **Union Territory Of Ladakh** **After section 25, insert-** **"25A. Compounding of offences.--(1) Any offence punishable under sub-sections (1) and (2) of** section 22 and section 24 may, either before or after the institution of the persecution, on an application by the alleged offender, be compounded by such officer or authority as the appropriate Government may by notification in the official Gazette, specify in this behalf for such amount as specified in the Table below:- **TABLE** S. No. Section Compounding amount 1 2 3 1 22(1), 22(2) and 24 Number of workmen employed in the Amount not exceeding industry 1 to 50 Rs. 5000/ 51 to 100 Rs. 8,000/ 101 to 500 Rs. 12,000/ More than 500 Rs. 16,000/-: Provided that the appropriate Government may, by notification in the Official Gazette, amend the said specified compounding amount: |Col1|Col2|TABLE|Col4| |---|---|---|---| |S. No.|Section|Compounding amount|| |1|2|3|| |1|22(1), 22(2) and 24|Number of workmen employed in the industry|Amount not exceeding| |||1 to 50|Rs. 5000/-| |||51 to 100|Rs. 8,000/-| |||101 to 500|Rs. 12,000/-| |||More than 500|Rs. 16,000/-:| ----- Provided further that the offences of the same nature committed by the same offender for more than three occasions shall not be compoundable: Provided also that such offences shall be compounded only after the alleged offender has acted to the satisfaction of such officer or authority that such offence is not continued any further: Provided also that when an offence is compounded on an application by the principal employer or contractor, then seventy-five per cent. of the compounding amount received from him, shall be paid to the concerned employee or equally amongst the employees and if any employees are not identifiable, then the remaining amount shall be deposited in such manner as may be notified by the appropriate Government. (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 and the offender, if in custody, shall be released or discharged." [Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, Notification no. S.O. 3465(E), dated (5-10-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, Notification no. S.O. 3774(E), dated (23-10-2020).] **26. Cognizance of offences.—No court shall take cognizance of any offence under this Act except on** a complaint made by, or with the previous sanction in writing of, the inspector and no court inferior to that of a Presidency Magistrate or a magistrate of the first class shall try any offence punishable under this Act. **27. Limitation of prosecutions.—No court shall take cognizance of an offence punishable under this** Act unless the complaint thereof 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. CHAPTER VII MISCELLANEOUS **28. Inspecting staff.—(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, and define the local limits within which they shall exercise their powers under this Act. (2) Subject to any rules made in this behalf, an inspector may, within the local limits for which he is appointed— (a) enter, at all reasonable hours, with such assistance (if any), being persons in the service of the Government or any local or other public authority as he thinks fit, any premises or place where contract labour is employed, for the purpose of examining any register or record or notices required to be kept or exhibited by or under this Act or rules made thereunder, and require the production thereof for inspection; (b) examine any person whom he finds in any such premises or place and who, he has reasonable cause to believe, is a workman employed therein; (c) require any person giving out work and any workman, to give any information, which is in his power to give with respect to the names and addresses of the persons to, for and from whom the work is given out or received, and with respect to the payments to be made for the work; (d) seize or take copies of such register, record of wages or notices or portions thereof as he may consider relevant in respect of an offence under this Act which he has reason to believe has been committed by the principal employer or contractor; and ----- (e) exercise such other powers as may be prescribed. (3) Any person required to produce any document or thing or to give any information required by an inspector under sub-section (2) shall be deemed to be legally bound to do so within the meaning of section 175 and section 176 of the Indian Penal Code (45 of 1860). (4) 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) as they apply to any search or seizure made under the authority of a warrant issued under section 98 of the said Code. **29. Registers and other records to be maintained.—(1) Every principal employer and every** contractor shall maintain such registers and records giving such particulars of contract labour employed, the nature of work performed by the contract labour, the rates of wages paid to the contract labour and such other particulars in such form as may be prescribed. (2) Every principal employer and every contractor shall keep exhibited in such manner as may be prescribed within the premises of the establishment where the contract labour is employed, notices in the prescribed form containing particulars about the hours of work, nature of duty and such other information as may be prescribed. **30. 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 agreement or contract of service, or in any standing orders applicable to the establishment whether made before or after the commencement of this Act: Provided that where under any such agreement, contract of service or standing orders the contract labour employed in the establishment are entitled to benefits in respect of any matter which are more favourable to them than those to which they would be entitled under this Act, the contract labour shall continue to be entitled to the more favourable benefits in respect of that matter, notwithstanding that they receive benefits in respect of other matters under this Act. (2) Nothing contained in this Act shall be construed as precluding any such contract labour from entering into an agreement with the principal employer or the contractor, as the case may be, for granting them rights or privileges in respect of any matter which are more favourable to them than those to which they would be entitled under this Act. **31. Power to exempt in special cases.—The appropriate Government may, in the case of an** emergency, direct, by notification in the Official Gazette, that subject to such conditions and restrictions, if any, and for such period or periods, as may be specified in the notification, all or any of the provisions of this Act or the rules made thereunder shall not apply to any establishment or class of establishments or any class of contractors. **32. Protection of action taken under this Act.—(1) No suit, prosecution or other legal proceedings** shall lie against any registering officer, licensing officer or any other Government servant or against any member of the Central Board or the State Board, as the case may be, for anything which is in good faith done or intended to be done in pursuance of this Act or any rule or order made thereunder. (2) No suit or other legal proceedings 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. **33. 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. **34. Power to remove difficulties.—If any difficulty arises in giving effect to the provisions of this** Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as appears to it to be necessary or expedient for removing the difficulty. **35. Power to make rules.—(1) The appropriate 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 number of persons to be appointed as members representing various interests on the Central Board and the State Board, the term of their office and other conditions of service, the procedure to be followed in the discharge of their functions and the manner of filling vacancies; (b) the times and places of the meetings of any committee constituted under this Act, the procedure to be followed at such meetings including the quorum necessary for the transaction of business, and the fees and allowances that may be paid to the members of a committee; (c) the manner in which establishments may be registered under section 7, the levy of a fee therefor and the form of certificate of registration; (d) the form of application for the grant or renewal of a licence under section 13 and the particulars it may contain; (e) the manner in which an investigation is to be made in respect of an application for the grant of a licence and the matters to be taken into account in granting or refusing a licence; (f) the form of a licence which may be granted or renewed under section 12 and the conditions subject to which the licence may be granted or renewed, the fees to be levied for the grant or renewal of a licence and the deposit of any sum as security for the performance of such conditions; (g) the circumstances under which licences may be varied or amended under section 14; (h) the form and manner in which appeals may be filed under section 15 and the procedure to be followed by appellate officers in disposing of the appeals; (i) the time within which facilities required by this Act to be provided and maintained may be so provided by the contractor and in case of default on the part of the contractor, by the principal employer; (j) the number and types of canteens, rest-rooms, latrines and urinals that should be provided and maintained; (k) the type of equipment that should be provided in the first-aid boxes; (l) the period within which wages payable to contract labour should be paid by the contractor under sub-section (1) of section 21; (m) the form of registers and records to be maintained by principal employers and contractors; (n) the submission of returns, forms in which, and the authorities to which, such returns may be submitted; (o) the collection of any information or statistics in relation to contract labour; and (p) any other matter which has to be, or may be, prescribed under this Act. (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 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. 1[(4) 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.] 1. Ins. by Act 4 of 2005, s. 2 and the Schedule (w.e.f. 11-1-2005). -----

19-Sep-1970

39

The Patents Act, 1970

https://www.indiacode.nic.in/bitstream/123456789/1392/3/A1970-39.pdf

central

# THE PATENTS ACT, 1970 _________ # ARRANGEMENT OF SECTIONS __________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions and interpretation. CHAPTER II INVENTIONS NOT PATENTABLE 3. What are not inventions. 4. Inventions relating to atomic energy not patentable. 5. [Omitted.] CHAPTER III APPLICATIONS FOR PATENTS 6. Persons entitled to apply for patents. 7. Form of application. 8. Information and undertaking regarding foreign applications. 9. Provisional and complete specifications. 10. Contents of specifications. 11. Priority dates of claims of a complete specification. CHAPTER IV PUBLICATION AND EXAMINATION OF APPLICATIONS 11A. Publication of applications. 11B. Request for examination. 12. Examination of application. 13. Search for anticipation by previous publication and by prior claim. 14. Consideration of report of examiner by Controller. 15. Power of Controller to refuse or require amended applications, etc., in certain cases. 16. Power of Controller to make orders respecting division of application. 17. Power of Controller to make orders respecting dating of application. 18. Powers of Controller in cases of anticipation. 19. Powers of Controller in case of potential infringement. 20. Powers of Controller to make orders regarding substitution of applicants etc. 21. Time for putting application in order for grant. 22. [Omitted.] 23. [Omitted.] 24. [Omitted.] ----- CHAPTER V OPPOSITION PROCEEDINGS TO GRANT OF PATENTS SECTIONS 25. Opposition to patent. 26. In cases of “obtaining” Controller may treat the patent as the patent of opponent. 27. [Omitted.] 28. Mention of inventor as such in patent. CHAPTER VI ANTICIPATION 29. Anticipation by previous publication. 30. Anticipation by previous communication to Government. 31. Anticipation by public display, etc. 32. Anticipation by public working. 33. Anticipation by use and publication after provisional specification. 34. No anticipation if circumstances are only as described in sections 29, 30, 31 and 32. CHAPTER VII # PROVISIONS FOR SECRECY OF CERTAIN INVENTIONS 35. Secrecy directions relating to inventions relevant for defence purposes. 36. Secrecy directions to be periodically reviewed. 37. Consequences of secrecy directions. 38. Revocation of secrecy directions and extension of time. 39. Residents not to apply for patents outside India without prior permission. 40. Liability for contravention of section 35 or section 39. 41. Finality of orders of Controller and Central Government. 42. Savings respecting disclosure to Government. CHAPTER VIII GRANT OF PATENTS AND RIGHTS CONFERRED THEREBY 43. Grant of patents. 44. Amendment of patent granted to deceased applicant. 45. Date of patent. 46. Form, extent and effect of patent. 47. Grant of patents to be subject to certain conditions. 48. Rights of patentees. 49. Patent rights not infringed when used on foreign vessels, etc., temporarily or accidentally in India. 50. Rights of co-owners of patents. 51. Power of Controller to give directions to co-owners. 52. Grant of patent to true and first inventions where it has been obtained by another in fraud of him. 53. Term of patent. ----- SECTIONS 54. Patents of addition. 55. Term of patents of addition. 56. Validity of patents of addition. CHAPTER IX PATENTS OF ADDITION CHAPTER X AMENDMENT OF APPLICATIONS AND SPECIFICATIONS 57. Amendment of application and specification before Controller. 58. Amendment of specification before Appellate Board or High Court. 59. Supplementary provisions as to amendment of application or specification. CHAPTER XI RESTORATION OF LAPSED PATENTS 60. Applications for restoration of lapsed patents. 61. Procedure for disposal of applications for restoration of lapsed patents. 62. Rights of patentees of lapsed patents which have been restored. CHAPTER XII SURRENDER AND REVOCATION OF PATENTS 63. Surrender of patents. 64. Revocation of Power patents. 65. Revocation of patent or amendment of complete specification on directions from Government in cases relating to atomic energy. 66. Revocation of patent in public interest. CHAPTER XIII REGISTER OF PATENTS 67. Register of patents and particulars to be entered therein. 68. Assignments, etc., not to be valid unless in writing and duly executed. 69. Registration of assignments, transmissions, etc. 70. Power of registered grantee or proprietor to deal with patent. 71. Rectification of register by High Court. 72. Register to be open for inspection. CHAPTER XIV PATENT OFFICE AND ITS ESTABLISHMENT 73. Controller and other officers. 74. Patent office and its branches. 75. Restriction on employees of patent office as to right or interest in patents. 76. Officers and employees not to furnish information, etc. CHAPTER XV POWERS OF CONTROLLER GENERALLY 77. Controller to have certain powers of a civil court. 78. Power of Controller to correct clerical errors, etc. ----- SECTIONS 79. Evidence how to be given and powers of Controller in respect thereof. 80. Exercise of discretionary powers by Controller. 81. Disposal by Controller of applications for extension of time. CHAPTER XVI WORKING OF PATENTS, COMPULSORY LICENCES AND REVOCATION 82. Definition of “patented articles” and “patentee”. 83. General principles applicable to working of patented inventions. 84. Compulsory licences. 85. Revocation of patents by the Controller for non-working. 86. Power of Controller to adjourn applications for compulsory licences, etc., in certain cases. 87. Procedure for dealing with applications under sections 84 and 85. 88. Powers of Controller in granting compulsory licences. 89. General purposes for granting compulsory licences. 90. Terms and conditions of compulsory licences. 91. Licensing of related patents. 92. Special provision for compulsory licences on notifications by Central Government. 92A. Compulsory licence for export of patented pharmaceutical products in certain exceptional circumstances. 93. Order for licence to operate as a deed between parties concerned. 94. Termination of compulsory licence. CHAPTER XVII USE OF INVENTIONS FOR PURPOSES OF GOVERNMENT AND ACQUISITION OF INVENTIONS BY CENTRAL GOVERNMENT 99. Meaning of use of invention for purposes of Government. 100. Power of Central Government to use inventions for purposes of Government. 101. Rights of third parties in respect of use of invention for purposes of Government. 102. Acquisition of inventions and patents by the Central Government. 103. Reference to High Court of disputes as to use for purposes of Government. CHAPTER XVIII SUITS CONCERNING INFRINGEMENT OF PATENTS 104. Jurisdiction. 104A. Burden of proof in case of suits concerning infringement. 105. Power of court to make declaration as to non-infringement. 106. Power of court to grant relief in cases of groundless threats of infringement proceedings. 107. Defences, etc., in suit for infringement. 107A. Certain acts not to be considered as infringement. 108. Reliefs in suits for infringement. 109. Right of exclusive licensee to take proceedings against infringement. 110. Right of licensee under section 84 to take proceedings against infringement. 111. Restriction on power of court to grant damages or account of profits for infringement. ----- SECTIONS 112. [Omitted.] 113. Certificate of validity of specification and costs of subsequent suits for infringement thereof. 114. Relief for infringement of partially valid specification. 115. Scientific advisers. CHAPTER XIX APPEALS 116. [Omitted.] 117. [Omitted.] 117A. Appeals to High Court. 117B. [Omitted.] 117C. [Omitted.] 117D. [Omitted.] 117E. Appearance of Controller in legal proceedings. 117F. [Omitted.] 117G. [Omitted.] 117H. [Omitted.] CHAPTER XX PENALTIES 118. Contravention of Secrecy provisions relating to certain inventions. 119. Falsification of entries in register, etc. 120. Unauthorised claim of patent rights. 121. [Omitted.]. 122. Refusal or failure to supply information. 123. Practice by non-registered patent agents. 124. Offences by companies. 124A. Adjudication of penalties. 124B. Appeal. CHAPTER XXI PATENT AGENTS 125. Register of patent agents. 126. Qualifications for registration as patent agents. 127. Rights of patent agents. 128. Subscription and verification of certain documents by patent agents. 129. Restrictions on practice as patent agents. 130. Removal from register of patent agents and restoration. 131. Power of Controller to refuse to deal with certain agents. 132. Savings in respect of other persons authorised to act as agents. ----- CHAPTER XXII INTERNATIONAL ARRANGEMENTS SECTIONS 133. Convention countries. 134. Notification as to countries not providing for reciprocity. 135. Convention applications. 136. Special provisions relating to convention applications. 137. Multiple priorities. 138. Supplementary provisions as to convention applications. 139. Other provisions of Act to apply to convention applications. CHAPTER XXIII MISCELLANEOUS 140. Avoidance of certain restrictive conditions. 141. Determination of certain contracts. 142. Fees. 143. Restrictions upon publication of specification. 144. Reports of Examiners to be confidential. 145. Publication of official journal. 146. Power of Controller to call for information from patentees. 147. Evidence of entries, documents, etc. 148. Declaration by infant, lunatic, etc. 149. Service of notices, etc., by post. 150. Security for costs. 151. Transmission of orders of courts to Controller. 152. [Omitted.] 153. Information relating to Patents. 154. Loss or destruction of Patents. 155. Reports of Controller to be placed before Parliament. 156. Patent to bind Government. 157. Right of Government to sell or use forfeited articles. 157A. Protection of security of India. 158. Power of High Courts to make rules. 159. Power of Central Government to make rules. 160. Rules to be placed before Parliament. 161. [Omitted.] 162. Repeal of Act 2 of 1911 in so far as it relates to patents and savings. 163. [Omitted.] THE SCHEDULE. ----- # THE PATENTS ACT, 1970 ACT NO. 39 OF 1970 An Act to amend and consolidate the law relating to patents. [19th September, 1970.] BE it enacted by Parliament in the Twenty-first Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title, extent and commencement.—(1) This Act may be called the Patents Act, 1970.** (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: Provided that different dates may be appointed for different provisions of this Act, and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. **2. Definitions and interpretation.—(1) In this Act, unless the context otherwise requires,—** 2* - - *; (ab) “assignee” includes an assignee of the assignee and the legal representative of a deceased assignee and references to the assignee of any person include references to the assignee of the legal representative or assignee of that person; 3[(aba) “Budapest Treaty” means the Budapest Treaty on the International Recognition of the Deposit of Micro-organisms for the purposes of Patent Procedure done at Budapest on 28th day of April, 1977, as amended and modified from time to time;] (ac) “capable of industrial application”, in relation to an invention, means that the invention is capable of being made or used in an industry;] (b) “Controller” means the Controller General of Patents, Designs and Trade Marks referred to in section 73; (c) “convention application” means an application for a patent made by virtue of section 135; 4[(d) “convention country" means a country or a country which is member of a group of countries or a union of countries or an Inter-governmental organisation [5][referred to as a convention country in section 133;] (e) “district court” has the meaning assigned to that expression by the Code of Civil Procedure, 1908 (5 of 1908); (f) “exclusive licence” means a licence from a patentee which confers on the licensee, or on the licensee and persons authorised by him, to the exclusion of all other persons (including the patentee), any right in respect of the patented invention, and “exclusive licensee” shall be construed accordingly; 6* - - - 1. 1-4-1978, _vide notification No. S.O. 799, dated 10-3-1978, in respect of the provisions of sub-section (2) of s. 12 and_ sub-section (2) of s. 13, s. 28, s. 68, and ss. 125 to 132 see Gazette of India, Part II, sec. 3 (ii). 20-4-1972 vide notification No. S.O. 300 dated 20-4-1972, in respect of the provisions [except sub-section (2) of s. 12 and sub-section (2) of s. 13, s. 28, s. 68 and ss. 125 to 132] see Gazette of India, Part II, sec. 3 (ii). 2. Clause (a) omitted by Act 33 of 2021, s. 13 (w.e.f.4-4-2021). 3. Ins. by Act 15 of 2005, s. 2 (w.e.f. 1-1-2005). 4. Subs. by Act 38 of 2002, s. 3, for clause (d) (w.e.f. 20-5-2003). 5. Subs. by Act 15 of 2005, s. 2, for “notified as such under sub-section (1) of section 133” (w.e.f. 1-1-2005). 6. Clause (g) omitted by s. 2, ibid. (w.e.f. 1-1-2005). ----- (h) “Government undertaking” means any industrial undertaking carried on— (i) by a department of the Government, or (ii) by a corporation established by a Central, Provincial or State Act, which is owned or controlled by the Government, or (iii) by a Government company as defined in section 617 of the Companies Act, 1956 (1 of 1956), [1][or] 1[(iv) by an institution wholly or substantially financed by the Government;] 2* - - - 3[(i) “High Court", in relation to a State or Union territory, means the High Court having territorial jurisdiction in that State or Union territory, as the case may be;] 4[(ia) “international application” means an application for patent made in accordance with the Patent Cooperation Treaty;] 5[(j) “invention” means a new product or process involving an inventive step and capable of industrial application; 6[(ja) “inventive step” means a feature of an invention that involves technical advance as compared to the existing knowledge or having economic significance or both and that makes the invention not obvious to a person skilled in the art;]] (k) “legal representative” means a person who in law represents the estate of a deceased person; 7[(l) “new invention” means any invention or technology which has not been anticipated by publication in any document or used in the country or elsewhere in the world before the date of filing of patent application with complete specification, _i.e., the subject matter has not fallen in public_ domain or that it does not form part of the state of the art; (la) “Opposition Board” means an Opposition Board constituted under sub-section (3) of section 25; (m) “patent” means a patent for any invention granted under this Act;] (n) “patent agent” means a person for the time being registered under this Act as a patent agent; (o) “patented article” and “patented process” mean respectively an article or process in respect of which a patent is in force; 4[(oa) “Patent Cooperation Treaty” means the Patent Cooperation Treaty done at Washington on the 19th day of June, 1970 as amended and modified from time to time;] (p) “patentee” means the person for the time being entered on the register as the grantee or proprietor of the patent; (q) “patent of addition” means a patent granted in accordance with section 54; (r) “patent office” means the patent office referred to in section 74; (s) “person" includes the Government; 1. Ins. by Act 15 of 2005, s. 2 (w.e.f. 1-1-2005). 2. The words “and includes the Council of Scientific and Industrial Research and any other institution which is financed wholly or for the major part by the said Council” omitted by s. 2, ibid. (w.e.f. 1-1-2005) 3. Subs. by s. 2, ibid., for clause (i) (w.e.f. 1-1-2005). 4. Ins. by Act 38 of 2002, s. 3 (w.e.f. 20-5-2003). 5.Subs. by s. 3, ibid., for clause (j) (w.e.f. 20-5-2003). 6. Subs. by Act 15 of 2005, s. 2, for clause (ja) (w.e.f. 1-1-2005). 7. Subs. by s. 2, ibid., for clauses (l) and (m) (w.e.f. 1-1-2005). ----- (t) “person interested” includes a person engaged in, or in promoting, research in the same field as that to which the invention relates; 1[(ta) “pharmaceutical substance" means any new entity involving one or more inventive steps;] 2[(u) “prescribed” means,— (A) in relation to proceedings before a High Court, prescribed by rules made by the High Court; 3* - - - (C) in other cases, prescribed by rules made under this Act;] (v) “prescribed manner” includes the payment of the prescribed fee; (w) “priority date” has the meaning assigned to it by section 11; (x) “register” means the register of patents referred to in section 67; (y) “true and first inventor” does not include either the first importer of an invention into India, or a person to whom an invention is first communicated from outside India. (2) In this Act, unless the context otherwise requires, any reference— (a) to the Controller shall be construed as including a reference to any officer discharging the functions of the Controller in pursuance of section 73; (b) to the patent office shall be construed as including a reference to any branch office of the patent office. CHAPTER II INVENTIONS NOT PATENTABLE **3. What are not inventions.—The following are not inventions within the meaning of this** Act,— (a) an invention which is frivolous or which claims anything obviously contrary to well established natural laws; 4[(b) an invention the primary or intended use or commercial exploitation of which would be contrary to public order or morality or which causes serious prejudice to human, animal or plant life or health or to the environment;] (c) the mere discovery of a scientific principle or the formulation of an abstract theory [5][or discovery of any living thing or non-living substance occurring in nature]; 6[(d) the mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance or the mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant. _Explanation.—For the purposes of this clause, salts, esters, ethers, polymorphs, metabolites, pure_ form, particle size, isomers, mixtures of isomers, complexes, combinations and other derivatives of known substance shall be considered to be the same substance, unless they differ significantly in properties with regard to efficacy;] 1. Ins. by Act 15 of 2005, s. 2 (w.e.f. 1-1-2005). 2. Subs. by Act 38 of 2002, s. 3, for clause (u) (w.e.f. 20-5-2003). 3. Sub-clause (B) omitted by Act 33 of 2021, s. 13 (w.e.f. 4-4-2021). 4. Subs. by Act 38 of 2002, s. 4, for clause (b) (w.e.f. 20-5-2003). 5. Ins. by s. 4, ibid. (w.e.f. 20-5-2003). 6. Subs. by Act 15 of 2005, s. 3, for clause (d) (w.e.f. 1-1-2005). ----- (e) a substance obtained by a mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance; (f) the mere arrangement or re-arrangement or duplication of known devices each functioning independently of one another in a known way; 1* - - - (h) a method of agriculture or horticulture; (i) any process for the medicinal, surgical, curative, prophylactic [2][diagnostic, therapeutic] or other treatment of human beings or any process for a similar treatment of animals [3]*** to render them free of disease or to increase their economic value or that of their products. 2[(j) plants and animals in whole or any part thereof other than micro-organisms but including seeds, varieties and species and essentially biological processes for production or propagation of plants and animals; (k) a mathematical or business method or a computer programme per se or algorithms; (l) a literary, dramatic, musical or artistic work or any other aesthetic creation whatsoever including cinematographic works and television productions; (m) a mere scheme or rule or method of performing mental act or method of playing game; (n) a presentation of information; (o) topography of integrated circuits; (p) an invention which, in effect, is traditional knowledge or which is an aggregation or duplication of known properties of traditionally known component or components.] **4. Inventions relating to atomic energy not patentable.—No patent shall be granted in respect of** an invention relating to atomic energy falling within sub-section (1) of section 20 of the Atomic Energy Act, 1962 (33 of 1962). **5. [Inventions where only methods or processes of manufacture patentable.] Omitted by the Patents** _(Amendment) Act, 2005 (15 of 2005), s. 4 (w.e.f. 1-1-2005)._ CHAPTER III APPLICATIONS FOR PATENTS **6. Persons entitled to apply for patents.—(1) Subject to the provisions contained in section 134, an** application for a patent for an invention may be made by any of the following persons, that is to say,— (a) by any person claiming to be the true and first inventor of the invention; (b) by any person being the assignee of the person claiming to be the true and first inventor in respect of the right to make such an application; (c) by the legal representative of any deceased person who immediately before his death was entitled to make such an application. (2) An application under sub-section (1) may be made by any of the persons referred to therein either alone or jointly with any other person. **7. Form of application.—(1) Every application for a patent shall be for one invention only and shall** be made in the prescribed form and filed in the patent office. 1. Clause (g) omitted by Act 38 of 2002, s. 4 (w.e.f. 20-5-2003). 2. Ins. by s. 4, ibid. (w.e.f. 20-5-2003). 3. The words “or plants” omitted by s. 4, ibid. (w.e.f. 20-5-2003). ----- 1[(1A) Every international application under the Patent Cooperation Treaty for a patent, as may be filed designating India, shall be deemed to be an application under this Act, if a corresponding application has also been filed before the Controller in India.] 2[(1B) The filing date of an application referred to in sub-section (1A) and its complete specification processed by the patent office as designated office or elected office shall be the international filing date accorded under the Patent Cooperation Treaty.] (2) Where the application is made by virtue of an assignment of the right to apply for a patent for the invention, there shall be furnished with the application, or within such period as may be prescribed after the filling of the application, proof of the right to make the application. (3) Every application under this section shall state that the applicant is in possession of the invention and shall name the [3][person] claiming to be the true and first inventor; and where the person so claiming is not the applicant or one of the applicants, the application shall contain a declaration that the applicant believes the person so named to be the true and first inventor. 4[(4) Every such application (not being a convention application or an application filed under the Patent Cooperation Treaty designating India) shall be accompanied by a provisional or a complete specification.] **8. Information and undertaking regarding foreign applications.—(1) Where an applicant for a** patent under this Act is prosecuting either alone or jointly with any other person an application for a patent in any country outside India in respect of the same or substantially the same invention, or where to his knowledge such an application is being prosecuted by some person through whom he claims or by some person deriving title from him, he shall file along with his application [5][or subsequently [6][within the prescribed period as the Controller may allow]]— 7[(a) a statement setting out detailed particulars of such application; and] (b) an undertaking that, [8][up to the date of grant of patent in India], he would keep the Controller informed in writing, from time to time, of [9][detailed particulars as required under] clause (a) in respect of every other application relating to the same or substantially the same invention, if any, filed in any country outside India subsequently to the filing of the statement referred to in the aforesaid clause within the prescribed time. 10[(2) At any time after an application for patent is filed in India and till the grant of a patent or refusal to grant of a patent made thereon, the Controller may also require the applicant to furnish details, as may be prescribed, relating to the processing of the application in a country outside India, and in that event the applicant shall furnish to the Controller information available to him within such period as may be prescribed.] **9. Provisional and complete specifications.—[11][(1) Where an application for a patent (not being a** convention application or an application filed under the Patent Cooperation Treaty designating India) is accompanied by a provisional specification, a complete specification shall be filed within twelve months from the date of filing of the application, and if the complete specification is not so filed, the application shall be deemed to be abandoned.] 1. Ins. by Act 38 of 2002, s. 6 (w.e.f. 20-5-2003). 2. Ins. by Act 15 of 2005, s. 5 (w.e.f. 1-1-2005). 3. Subs. by s. 5, ibid., for “owner” (w.e.f. 1-1-2005). 4. Subs. by s. 5, ibid., for sub-section (4) (w.e.f. 1-1-2005). 5. Ins. by Act 38 of 2002, s. 7 (w.e.f. 20-5-2003). 6. Subs. by Act 15 of 2005, s. 6, for certain words (w.e.f. 1-1-2005). 7. Subs. by Act 38 of 2002, s. 7, for clause (a) (w.e.f. 20-5-2003). 8. Subs. by Act 15 of 2005, s. 6, for “up to the date of the acceptance of his complete specification filed in India (w.e.f. 1-1-2005). 9. Subs. by Act 38 of 2002, s. 7, for “details of the nature referred to in” (w.e.f. 20-5-2003). 10. Subs. by Act 15 of 2005, s. 6, for sub-section (2) (w.e.f. 1-1-2005). 11. Subs. by s. 7, ibid., for sub-section (1) (w.e.f. 1-1-2005). ----- (2) Where two or more applications in the name of the same applicant are accompanied by provisional specifications in respect of inventions which are cognate or of which one is a modification of another and the Controller is of opinion that the whole of such inventions are such as to constitute a single invention and may properly be included in one patent, he may allow one complete specification to be filed in respect of all such provisional specifications: 1[Provided that the period of time specified under sub-section (1) shall be reckoned from the date of filing of the earliest provisional specification.] 2[(3) Where an application for a patent (not being a convention application or an application filed under the Patent Cooperation Treaty designating India) is accompanied by a specification purporting to be a complete specification, the Controller may, if the applicant so requests at any time within twelve months from the date of filing of the application, direct that such specification shall be treated, for the purposes of this Act, as a provisional specification and proceed with the application accordingly.] (4) Where a complete specification has been filed in pursuance of an application for a patent accompanied by a provisional specification or by a specification treated by virtue of a direction under sub-section (3) as a provisional specification, the Controller may, if the applicant so requests at any time before [3][grant of patent], cancel the provisional specification and post-date the application to the date of filing of the complete specification. **10. Contents of specifications.—(1) Every specification, whether provisional or complete, shall** describe the invention and shall begin with a title sufficiently indicating the subject-matter to which the invention relates. (2) Subject to any rules that may be made in this behalf under this Act, drawings may, and shall, if the Controller so requires, be supplied for the purposes of any specification, whether complete or provisional; and any drawings so supplied shall, unless the Controller otherwise directs, be deemed to form part of the specification, and references in this Act to a specification shall be construed accordingly. (3) If, in any particular case, the Controller considers that an application should be further supplemented by a model or sample of anything illustrating the invention or alleged to constitute an invention, such model or sample as he may require shall be furnished [4][before the application is found in order for grant of a patent], but such model or sample shall not be deemed to form part of the specification. (4) Every complete specification shall— (a) fully and particularly describe the invention and its operation or use and the method by which it is to be performed; (b) disclose the best method of performing the invention which is known to the applicant and for which he is entitled to claim protection; and (c) end with a claim or claims defining the scope of the invention for which protection is claimed. 5[(d) be accompanied by an abstract to provide technical information on the invention: Provided that— (i) the Controller may amend the abstract for providing better information to third parties; and 1. The proviso ins. by Act 15 of 2005, s. 7 (w.e.f. 1-1-2005). 2. Subs. by s. 7, ibid., for sub-section (3) (w.e.f. 1-1-2005). 3. Subs. by s. 7, ibid., for “the acceptance of the complete specification” (w.e.f. 1-1-2005). 4. Subs. by s. 8, ibid., for “before the acceptance of the application” (w.e.f. 1-1-2005). 5. Ins. by Act 38 of 2002, s. 8 (w.e.f. 20-5-2003). ----- (ii) if the applicant mentions a biological material in the specification which may not be described in such a way as to satisfy clauses (a) and (b), and if such material is not available to the public, the application shall be completed by depositing [1][the material to an international depository authority under the Budapest Treaty] and by fulfilling the following conditions, namely:— 2[(A) the deposit of the material shall be made not later than the date of filing the patent application in India and a reference thereof shall be made in the specification within the prescribed period]; (B) all the available characteristics of the material required for it to be correctly identified or indicated are included in the specification including the name, address of the depository institution and the date and number of the deposit of the material at the institution; (C) access to the material is available in the depository institution only after the date of the application for patent in India or if priority is claimed after the date of the priority; (D) disclose the source and geographical origin of the biological material in the specification, when used in an invention.] 3[(4A) In case of an international application designating India, the title, description, drawings, abstract and claims filed with the application shall be taken as the complete specification for the purposes of this Act.] 4[(5) The claim or claims of a complete specification shall relate to a single invention, or to a group of inventions linked so as to form a single inventive concept, shall be clear and succinct and shall be fairly based on the matter disclosed in the specification.] (6) A declaration as to the inventorship of the invention shall, in such cases as may be prescribed, be furnished in the prescribed form with the complete specification or within such period as may be prescribed after the filing of that specification. (7) Subject to the foregoing provisions of this section, a complete specification filed after a provisional specification may include claims in respect of developments of, or additions to, the invention which was described in the provisional specification, being developments or additions in respect of which the applicant would be entitled under the provisions of section 6 to make a separate application for a patent. **11. Priority dates of claims of a complete specification.—(1) There shall be a priority date for each** claim of a complete specification. (2) Where a complete specification is filed in pursuance of a single application accompanied by— (a) a provisional specification; or (b) a specification which is treated by virtue of a direction under sub-section (3) of section 9 as a provisional specification, and the claim is fairly based on the matter disclosed in the specification referred to in clause (a) or clause (b), the priority date of that claim shall be the date of the filing of the relevant specification. (3) Where the complete specification is filed or proceeded with in pursuance of two or more applications accompanied by such specifications as are mentioned in sub-section (2) and the claim is fairly based on the matter disclosed— (a) in one of those specifications, the priority date of that claim shall be the date of the filing of the application accompanied by that specification; 1. Subs. by Act 15 of 2005, s. 8, for certain words (w.e.f. 1-1-2005). 2. Subs. by s. 8, ibid., for sub-clause (A) (w.e.f. 1-1-2005). 3. Subs. by s. 8, ibid., for sub-section (4A) (w.e.f. 1-1-2005). 4. Subs. by Act 38 of 2002, s. 8, for sub-section (5) (w.e.f. 20-5-2003). ----- (b) partly in one and partly in another, the priority date of that claim shall be the date of the filing of the application accompanied by the specification of the later date. 1[(3A) Where a complete specification based on a previously filed application in India has been filed within twelve months from the date of that application and the claim is fairly based on the matter disclosed in the previously filed application, the priority date of that claim shall be the date of the previously filed application in which the matter was first disclosed.] (4) Where the complete specification has been filed in pursuance of a further application made by virtue of sub-section (1) of section 16 and the claim is fairly based on the matter disclosed in any of the earlier specifications, provisional or complete, as the case may be, the priority date of that claim shall be the date of the filing of that specification in which the matter was first disclosed. (5) Where, under the foregoing provisions of this section, any claim of a complete specification would, but for the provisions of this sub-section, have two or more priority dates, the priority date of that claim shall be the earlier or earliest of those dates. (6) In any case to which sub-sections (2), (3), [1][(3A)], (4) and (5) do not apply, the priority date of a claim shall, subject to the provisions of section 137, be the date of filing of the complete specification. (7) The reference to the date of the filing of the application or of the complete specification in this section shall, in cases where there has been a post-dating under section 9 or section 17 or, as the case may be, ante-dating under section 16, be a reference to the date as so post-dated or ante-dated. (8) A claim in a complete specification of a patent shall not be invalid by reason only of— (a) the publication or use of the invention so far as claimed in that claim on or after the priority date of such claim; or (b) the grant of another patent which claims the invention, so far as claimed in the first mentioned claim, in a claim of the same or a later priority date. CHAPTER IV 2[PUBLICATION AND EXAMINATION OF APPLICATIONS] 3[11A. Publication of applications.—4[(1) Save as otherwise provided, no application for patent shall ordinarily be opened to the public for such period as may be prescribed. (2) The applicant may, in the prescribed manner, request the Controller to publish his application at any time before the expiry of the period prescribed under sub-section (1) and subject to the provisions of sub-section (3), the Controller shall publish such application as soon as possible. (3) Every application for a patent shall, on the expiry of the period specified under sub-section (1), be published, except in cases where the application— (a) in which secrecy direction is imposed under section 35; or (b) has been abandoned under sub-section (1) of section 9; or (c) has been withdrawn three months prior to the period specified under sub-section (1)]. 1. Ins. by Act 15 of 2005, s. 9 (w.e.f. 1-1-2005). 2. Subs. by Act 38 of 2002, s. 9, for the Chapter heading “EXAMINATION OF APPLICATION” (w.e.f. 20-5-2003). 3. Ins. by s. 9, ibid. (w.e.f. 20-5-2003). 4. Subs. by Act 15 of 2005, s. 10, for sub-sections (1) to (3) (w.e.f. 1-1-2005). ----- (4) In case a secrecy direction has been given in respect of an application under section 35, then, it shall be published after the expiry of the period [1][prescribed under sub-section (1)] or when the secrecy direction has ceased to operate, whichever is later. (5) The publication of every application under this section shall include the particulars of the date of application, number of application, name and address of the applicant identifying the application and an abstract. (6) Upon publication of an application for a patent under this section— (a) the depository institution shall make the biological material mentioned in the specification available to the public; (b) the patent office may, on payment of such fee as may be prescribed, make the specification and drawings, if any, of such application available to the public. 2[(7) On and from the date of publication of the application for patent and until the date of grant of a patent in respect of such application, the applicant shall have the like privileges and rights as if a patent for the invention had been granted on the date of publication of the application: Provided that the applicant shall not be entitled to institute any proceedings for infringement until the patent has been granted: Provided further that the rights of a patentee in respect of applications made under sub-section (2) of section 5 before the 1st day of January, 2005 shall accrue from the date of grant of the patent: Provided also that after a patent is granted in respect of applications made under sub-section (2) of section 5, the patent-holder shall only be entitled to receive reasonable royalty from such enterprises which have made significant investment and were producing and marketing the concerned product prior to the 1st day of January, 2005 and which continue to manufacture the product covered by the patent on the date of grant of the patent and no infringement proceedings shall be instituted against such enterprises.] **11B. Request for examination.—[3][(1) No application for a patent shall be examined unless the** applicant or any other interested person makes a request in the prescribed manner for such examination within the prescribed period.] 4* - - - 5[(3) In case of an application in respect of a claim for a patent filed under sub-section (2) of section 5 before the 1st day of January, 2005 a request for its examination shall be made in the prescribed manner and within the prescribed period by the applicant or any other interested person.] (4) In case the applicant or any other interested person does not make a request for examination of the application for a patent within the period as specified under sub-section (1) [6]*** or sub-section (3), the application shall be treated as withdrawn by the applicant: 7[Provided that— (i) the applicant may, at any time after filing the application but before the grant of a patent, withdraw the application by making a request in the prescribed manner; and (ii) in a case where secrecy direction has been issued under section 35, the request for examination may be made within the prescribed period from the date of revocation of the secrecy direction.] 1. Subs. by Act 15 of 2005, s. 10, for “of eighteen months” (w.e.f. 1-1-2005). 2. Ins. by s. 10, ibid. (w.e.f. 1-1-2005). 3. Subs. by s. 11, ibid., for sub-section (1) (w.e.f. 1-1-2005). 4. Sub-section (2) omitted by s. 11, ibid. (w.e.f. 1-1-2005). 5. Subs. by s. 11, ibid., for sub-section (3) (w.e.f. 1-1-2005). 6. The words, brackets and figure “or sub-section (2)” omitted by s. 11, ibid. (w.e.f. 1-1-2005). 7. Subs. by s. 11, ibid., for the proviso (w.e.f. 1-1-2005). ----- **12. Examination of application.—[1][(1) When a request for examination has been made in respect** of an application for a patent in the prescribed manner [2][under sub-section (1) or sub-section (3) of section 11B, the application and specification and other documents related thereto shall be referred at the earliest by the Controller] to an examiner for making a report to him in respect of the following matters, namely:— (a) whether the application and the [3][specification and other documents relating thereto] are in accordance with the requirements of this Act and of any rules made thereunder; (b) whether there is any lawful ground of objection to the grant of the patent under this Act in pursuance of the application; (c) the result of investigations made under section 13; and (d) any other matter which may be prescribed. (2) The examiner to whom the application and the [3][specification and other documents relating thereto] are referred under sub-section (1) shall ordinarily make the report to the Controller within [4][such period as may be prescribed]. **13. Search for anticipation by previous publication and by prior claim.—(1) The examiner to** whom an application for a patent is referred under section 12 shall make investigation for the purpose of ascertaining whether the invention so far as claimed in any claim of the complete specification— (a) has been anticipated by publication before the date of filing of the applicant’s complete specification in any specification filed in pursuance of an application for a patent made in India and dated on or after the 1st day of January, 1912; (b) is claimed in any claim of any other complete specification published on or after the date of filing of the applicant’s complete specification, being a specification filed in pursuance of an application for a patent made in India and dated before or claiming the priority date earlier than that date. (2) The examiner shall, in addition, make such investigation [5]*** for the purpose of ascertaining whether the invention, so far as claimed in any claim of the complete specification, has been anticipated by publication in India or elsewhere in any document other than those mentioned in sub-section (1) before the date of filing of the applicant’s complete specification. (3) Where a complete specification is amended under the provisions of this Act before [6][the grant of a patent], the amended specification shall be examined and investigated in like manner as the original specification. (4) The examination and investigations required under section 12 and this section shall not be deemed in any way to warrant the validity of any patent, and no liability shall be incurred by the Central Government or any officer thereof by reason of, or in connection with, any such examination or investigation or any report or other proceedings consequent thereon. 7[14. Consideration of report of examiner by Controller.—Where, in respect of an application for a patent, the report of the examiner received by the Controller is adverse to the applicant or requires any amendment of the application, the specification or other documents to ensure compliance with the provisions of this Act or of the rules made thereunder, the Controller, before proceeding to dispose of the application in accordance with the provisions hereinafter appearing, shall communicate as expeditiously as possible the gist of the objections to the applicant and shall, if so required by the applicant within the prescribed period, give him an opportunity of being heard. 1. Subs. by Act 38 of 2002, s. 10, for certain words (w.e.f. 20-5-2003). 2. Subs. by Act 15 of 2005, s. 12, for certain words, brackets, figures and letter (w.e.f. 1-1-2005). 3. Subs. by Act 38 of 2002, s. 10, for “specification relating thereto” (w.e.f. 20-5-2003). 4. Subs. by Act 15 of 2005, s. 12, for “a period of eighteen months from the date of such reference” (w.e.f. 1-1-2005). 5. The words “as the Controller may direct” omitted by Act 38 of 2002, s. 11 (w.e.f. 20-5-2003). 6. Subs. by Act 15 of 2005, s. 13, for “it has been accepted” (w.e.f. 1-1-2005). 7. Subs. by s. 14, ibid., for sections 14 and 15 (w.e.f. 1-1-2005). ----- **15. Power of Controller to refuse or require amended applications, etc., in certain** **cases.—Where the Controller is satisfied that the application or any specification or any other document** filed in pursuance thereof does not comply with the requirements of this Act or of any rules made thereunder, the Controller may refuse the application or may require the application, specification or the other documents, as the case may be, to be amended to his satisfaction before he proceeds with the application and refuse the application on failure to do so.] **16. Power of Controller to make orders respecting division of application.—(1) A person who** has made an application for a patent under this Act may, at any time [1][before the grant of the patent], if he so desires, or with a view to remedy the objection raised by the Controller on the ground that the claims of the complete specification relate to more than one invention, file a further application in respect of an invention disclosed in the provisional or complete specification already filed in respect of the first mentioned application. (2) The further application under sub-section (1) shall be accompanied by a complete specification, but such complete specification shall not include any matter not in substance disclosed in the complete specification filed in pursuance of the first mentioned application. (3) The Controller may require such amendment of the complete specification filed in pursuance of either the original or the further application as may be necessary to ensure that neither of the said complete specifications includes a claim for any matter claimed in the other. 2[Explanation.— For the purposes of this Act, the further application and the complete specification accompanying it shall be deemed to have been filed on the date on which the first mentioned application had been filed, and the further application shall be proceeded with as a substantive application and be examined when the request for examination is filed within the prescribed period.] **17. Power of Controller to make orders respecting dating of application.—(1) Subject to the** provisions of section 9, at any time after the filing of an application and [3][before the grant of the patent] under this Act, the Controller may, at the request of the applicant made in the prescribed manner, direct that the application shall be post-dated to such date as may be specified in the request, and proceed with the application accordingly: Provided that no application shall be post-dated under this sub-section to a date later than six months from the date on which it was actually made or would, but for the provisions of this sub-section, be deemed to have been made. 4[(2) Where an application or specification (including drawings) or any other documents is required to be amended under section 15, the application or specification or other document shall, if the Controller so directs, be deemed to have been made on the date on which the requirement is complied with or where the application or specification or other document is returned to the applicant, on the date on which it is refiled after complying with the requirement.] **18. Power of Controller in cases of anticipation.—(1) Where it appears to the Controller that the** invention so far as claimed in any claim of the complete specification has been anticipated in the manner referred to in clause (a) of sub-section (1) or sub-section (2) of section 13, he may refuse to [5][the application] unless the applicant— (a) shows to the satisfaction of the Controller that the priority date of the claim of his complete specification is not later than the date on which the relevant document was published; or (b) amends his complete specification to the satisfaction of the Controller. 1. Subs. by Act 15 of 2005, s. 15, for “before the acceptance of the complete specification” (w.e.f. 1-1-2005). 2. Subs. by s. 15, ibid., for the Explanation (w.e.f. 1-1-2005). 3. Subs. by s. 16, ibid., for “before the acceptance of the complete specification” (w.e.f. 1-1-2005). 4. Subs. by Act 38 of 2002, s. 13, for sub-section (2) (w.e.f. 20-5-2003). 5. Subs. by Act 15 of 2005, s. 17, for “to accept the complete specification” (w.e.f. 1-1-2005). ----- (2) If it appears to the Controller that the invention is claimed in a claim of any other complete specification referred to in clause (b) of sub-section (1) of section 13, he may, subject to the provisions hereinafter contained, direct that a reference to that other specification shall be inserted by way of notice to the public in the applicant’s complete specification unless within such time as may be prescribed,— (a) the applicant shows to the satisfaction of the Controller that the priority date of his claim is not later than the priority date of the claim of the said other specification; or (b) the complete specification is amended to the satisfaction of the Controller. (3) If it appears to the Controller, as a result of an investigation under section 13 or otherwise,— (a) that the invention so far as claimed in any claim of the applicant’s complete specification has been claimed in any other complete specification referred to in clause (a) of sub-section (1) of section 13; and (b) that such other complete specification was published on or after the priority date of the applicant’s claim, then, unless it is shown to the satisfaction of the Controller that the priority date of the applicant’s claim is not later than the priority date of the claim of that specification, the provisions of sub-section (2) shall apply thereto in the same manner as they apply to a specification published on or after the date of filing of the applicant’s complete specification. 1* - - - **19. Powers of Controller in case of potential infringement.—(1) If, in consequence of the** investigations required [2][under this Act], it appears to the Controller that an invention in respect of which an application for a patent has been made cannot be performed without substantial risk of infringement of a claim of any other patent, he may direct that a reference to that other patent shall be inserted in the applicant’s complete specification by way of notice to the public, unless within such time as may be prescribed— (a) the applicant shows to the satisfaction of the Controller that there are reasonable grounds for contesting the validity of the said claim of the other patent; or (b) the complete specification is amended to the satisfaction of the Controller. (2) Where, after a reference to another patent has been inserted in a complete specification in pursuance of a direction under sub-section (1)— (a) that other patent is revoked or otherwise ceases to be in force; or (b) the specification of that other patent is amended by the deletion of the relevant claim; or (c) it is found, in proceedings before the court or the Controller, that the relevant claim of that other patent is invalid or is not infringed by any working of the applicant’s invention, the Controller may, on the application of the applicant, delete the reference to that other patent. **20. Powers of Controller to make orders regarding substitution of applicants, etc.—(1) If the** Controller is satisfied, on a claim made in the prescribed manner at any time before a patent has been granted, that by virtue of any assignment or agreement in writing made by the applicant or one of the applicants for the patent or by operation of law, the claimant would, if the patent were then granted be entitled thereto or to the interest of the applicant therein, or to an undivided share of the patent or of that interest, the Controller may, subject to the provisions of this section, direct that the application shall proceed in the name of the claimant or in the names of the claimants and the applicant or the other joint applicant or applicants, accordingly as the case may require. (2) No such direction as aforesaid shall be given by virtue of any assignment or agreement made by one of two or more joint applicants for a patent except with the consent of the other joint applicant or applicants. 1. Sub-section (4) omitted by Act 15 of 2005, s. 17 (w.e.f. 1-1-2005). 2. Subs. by s. 18, ibid., for “by the foregoing provisions of this Act or of proceedings under section 25” (w.e.f. 1-1-2005). ----- (3) No such direction as aforesaid shall be given by virtue of any assignment or agreement for the assignment of the benefit of an invention unless— (a) the invention is identified therein by reference to the number of the application for the patent; or (b) there is produced to the Controller an acknowledgment by the person by whom the assignment or agreement was made that the assignment or agreement relates to the invention in respect of which that application is made; or (c) the rights of the claimant in respect of the invention have been finally established by the decision of a court; or (d) the Controller gives directions for enabling the application to proceed or for regulating the manner in which it should be proceeded with under sub-section (5). (4) Where one of two or more joint applicants for a patent dies at any time before the patent has been granted, the Controller may, upon a request in that behalf made by the survivor or survivors, and with the consent of the legal representative of the deceased, direct that the application shall proceed in the name of the survivor or survivors alone. (5) If any dispute arises between joint applicants for a patent whether or in what manner the application should be proceeded with, the Controller may, upon application made to him in the prescribed manner by any of the parties, and after giving to all parties concerned an opportunity to be heard, give such directions as he thinks fit for enabling the application to proceed in the name of one or more of the parties alone or for regulating the manner in which it should be proceeded with, or for both those purposes, as the case may require. 1[21. Time for putting application in order for grant.—(1) An application for a patent shall be deemed to have been abandoned unless, within such period as may be prescribed, the applicant has complied with all the requirements imposed on him by or under this Act, whether in connection with the complete specification or otherwise in relation to the application from the date on which the first statement of objections to the application or complete specification or other documents related thereto is forwarded to the applicant by the Controller. _Explanation.—Where the application for a patent or any specification or, in the case of a convention_ application or an application filed under the Patent Cooperation Treaty designating India any document filed as part of the application has been returned to the applicant by the Controller in the course of the proceedings, the applicant shall not be deemed to have complied with such requirements unless and until he has refiled it or the applicant proves to the satisfaction of the Controller that for the reasons beyond his control such document could not be refiled. (2) If at the expiration of the period as prescribed under sub-section (1),— (a) an appeal to the High Court is pending in respect of the application for the patent for the main invention; or (b) in the case of an application for a patent of addition, an appeal to the High Court is pending in respect of either that application or the application for the main invention, the time within which the requirements of the Controller shall be complied with shall, on an application made by the applicant before the expiration of the period as prescribed under sub-section (1), be extended until such date as the High Court may determine. (3) If the time within which the appeal mentioned in sub-section (2) may be instituted has not expired, the Controller may extend the period as prescribed under sub-section (1), to such further period as he may determine: Provided that if an appeal has been filed during the said further period, and the High Court has granted any extension of time for complying with the requirements of the Controller, then the requirements may be complied with within the time granted by the Court.] 1. Subs. by Act 15 of 2005, s. 19, for section 21 (w.e.f. 1-1-2005). ----- **22. [Acceptance of complete specification.]—Omitted by Act** _The Patents (Amendment)_ _Act, 2005 (15 of 2005), s. 20 (w.e.f. 1-1-2005)._ **23. [Advertisement of acceptance of complete specification.]—Omitted by s. 20,** _ibid._ (w.e.f. 1-1-2005). **24. [Effect of acceptance of complete specification.]—Omitted by s. 20, ibid. (w.e.f. 1-1-2005).** 1* - - - CHAPTER V 2[OPPOSITION PROCEEDINGS TO GRANT OF PATENTS] 3[25. Opposition to the patent.—(1) Where an application for a patent has been published but a patent has not been granted, any person may, in writing, represent by way of opposition to the Controller against the grant of patent on the ground— (a) that the applicant for the patent or the person under or through whom he claims, wrongfully obtained the invention or any part thereof from him or from a person under or through whom he claims; (b) that the invention so far as claimed in any claim of the complete specification has been published before the priority date of the claim— (i) in any specification filed in pursuance of an application for a patent made in India on or after the 1st day of January, 1912; or (ii) in India or elsewhere, in any other document: Provided that the ground specified in sub-clause (ii) shall not be available where such publication does not constitute an anticipation of the invention by virtue of sub-section (2) or sub-section (3) of section 29; (c) that the invention so far as claimed in any claim of the complete specification is claimed in a claim of a complete specification published on or after the priority date of the applicant’s claim and filed in pursuance of an application for a patent in India, being a claim of which the priority date is earlier than that of the applicant’s claim; (d) that the invention so far as claimed in any claim of the complete specification was publicly known or publicly used in India before the priority date of that claim. _Explanation.—For the purposes of this clause, an invention relating to a process for which a_ patent is claimed shall be deemed to have been publicly known or publicly used in India before the priority date of the claim if a product made by that process had already been imported into India before that date except where such importation has been for the purpose of reasonable trial or experiment only; (e) that the invention so far as claimed in any claim of the complete specification is obvious and clearly does not involve any inventive step, having regard to the matter published as mentioned in clause (b) or having regard to what was used in India before the priority date of the applicant’s claim; (f) that the subject of any claim of the complete specification is not an invention within the meaning of this Act, or is not patentable under this Act; (g) that the complete specification does not sufficiently and clearly describe the invention or the method by which it is to be performed; (h) that the applicant has failed to disclose to the Controller the information required by section 8 or has furnished the information which in any material particular was false to his knowledge; (i) that in the case of a convention application, the application was not made within twelve months from the date of the first application for protection for the invention made in a convention country by the applicant or a person from whom he derives title; 1. Chapter IVA omitted by Act 15 of 2005, s. 21 (w.e.f. 1-1-2005). 2. Subs. by s. 22, ibid., for Chapter Heading (w.e.f. 1-1-2005). 3. Subs. by s. 23, ibid., for sections 25 and 26 (w.e.f. 1-1-2005). ----- (j) that the complete specification does not disclose or wrongly mentions the source or geographical origin of biological material used for the invention; (k) that the invention so far as claimed in any claim of the complete specification is anticipated having regard to the knowledge, oral or otherwise, available within any local or indigenous community in India or elsewhere, but on no other ground and the Controller shall, if requested by such person for being heard, hear him and dispose of such representation in such manner and within such period as may be prescribed. (2) At any time after the grant of patent but before the expiry of a period of one year from the date of publication of grant of a patent, any person interested may give notice of opposition to the Controller in the prescribed manner on any of the following grounds, namely:— (a) that the patentee or the person under or through whom he claims, wrongfully obtained the invention or any part thereof from him or from a person under or through whom he claims; (b) that the invention so far as claimed in any claim of the complete specification has been published before the priority date of the claim— (i) in any specification filed in pursuance of an application for a patent made in India on or after the 1st day of January, 1912; or (ii) in India or elsewhere, in any other document: Provided that the ground specified in sub-clause (ii) shall not be available where such publication does not constitute an anticipation of the invention by virtue of sub-section (2) or sub-section (3) of section 29; (c) that the invention so far as claimed in any claim of the complete specification is claimed in a claim of a complete specification published on or after the priority date of the claim of the patentee and filed in pursuance of an application for a patent in India, being a claim of which the priority date is earlier than that of the claim of the patentee; (d) that the invention so far as claimed in any claim of the complete specification was publicly known or publicly used in India before the priority date of that claim. _Explanation.—For the purposes of this clause, an invention relating to a process for which a_ patent is granted shall be deemed to have been publicly known or publicly used in India before the priority date of the claim if a product made by that process had already been imported into India before that date except where such importation has been for the purpose of reasonable trial or experiment only; (e) that the invention so far as claimed in any claim of the complete specification is obvious and clearly does not involve any inventive step, having regard to the matter published as mentioned in clause (b) or having regard to what was used in India before the priority date of the claim; (f) that the subject of any claim of the complete specification is not an invention within the meaning of this Act, or is not patentable under this Act; (g) that the complete specification does not sufficiently and clearly describe the invention or the method by which it is to be performed; (h) that the patentee has failed to disclose to the Controller the information required by section 8 or has furnished the information which in any material particular was false to his knowledge; (i) that in the case of a patent granted on convention application, the application for patent was not made within twelve months from the date of the first application for protection for the invention made in a convention country or in India by the patentee or a person from whom he derives title; (j) that the complete specification does not disclose or wrongly mentions the source and geographical origin of biological material used for the invention; ----- (k) that the invention so far as claimed in any claim of the complete specification was anticipated having regard to the knowledge, oral or otherwise, available within any local or indigenous community in India or elsewhere, but on no other ground. (3) (a) Where any such notice of opposition is duly given under sub-section (2), the Controller shall notify the patentee. (b) On receipt of such notice of opposition, the Controller shall, by order in writing, constitute a Board to be known as the Opposition Board consisting of such officers as he may determine and refer such notice of opposition along with the documents to that Board for examination and submission of its recommendations to the Controller. (c) Every Opposition Board constituted under clause (b) shall conduct the examination in accordance with such procedure as may be prescribed. (4) On receipt of the recommendation of the Opposition Board and after giving the patentee and the opponent an opportunity of being heard, the Controller shall order either to maintain or to amend or to revoke the patent. (5) While passing an order under sub-section (4) in respect of the ground mentioned in clause (d) or clause (e) of sub-section (2), the Controller shall not take into account any personal document or secret trial or secret use. (6) In case the Controller issues an order under sub-section (4) that the patent shall be maintained subject to amendment of the specification or any other document, the patent shall stand amended accordingly. **26. In cases of “obtaining” Controller may treat the patent as the patent of** **opponent.—(1) Where in any opposition proceeding under this Act the Controller finds that—** (a) the invention, so far as claimed in any claim of the complete specification, was obtained from the opponent in the manner set out in clause (a) of sub-section (2) of section 25 and revokes the patent on that ground, he may, on request by such opponent made in the prescribed manner, direct that the patent shall stand amended in the name of the opponent; (b) a part of an invention described in the complete specification was so obtained from the opponent, he may pass an order requiring that the specification be amended by the exclusion of that part of the invention. (2) Where an opponent has, before the date of the order of the Controller requiring the amendment of a complete specification referred to in clause (b) of sub-section (1), filed an application for a patent for an invention which included the whole or a part of the invention held to have been obtained from him and such application is pending, the Controller may treat such application and specification in so far as they relate to the invention held to have been obtained from him, as having been filed, for the purposes of this Act relating to the priority dates of claims of the complete specification, on the date on which the corresponding document was or was deemed to have been filed by the patentee in the earlier application but for all other purposes the application of the opponent shall be proceeded with as an application for a patent under this Act.] **27. [Refusal of patent without opposition.]—Omitted by Act** _the Patents (Amendment)_ _Act, 2005 (15 of 2005), s. 20 (w.e.f. 1-1-2005)._ **28. Mention of inventor as such in patent.—(1) If the Controller is satisfied, upon a request or** claim made in accordance with the provisions of this section,— (a) that the person in respect of or by whom the request or claim is made is the inventor of an invention in respect of which application for a patent has been made, or of a substantial part of that invention; and (b) that the application for the patent is a direct consequence of his being the inventor, ----- the Controller shall, subject to the provisions of this section, cause him to be mentioned as inventor in any patent granted in pursuance of the application in the complete specification and in the register of Patents: Provided that the mention of any person as inventor under this section shall not confer or derogate from any rights under the patent. (2) A request that any person shall be mentioned as aforesaid may be made in the prescribed manner by the applicant for the patent or (where the person alleged to be the inventor is not the applicant or one of the applicants) by the applicant and that person. (3) If any person [other than a person in respect of whom a request in relation to the application in question has been made under sub-section (2)] desires to be mentioned as aforesaid, he may make a claim in the prescribed manner in that behalf. 1[(4) A request or claim under the foregoing provisions of this section shall be made before the grant of patent.] 2* - - - (6) [3][Where] a claim is made under sub-section (3), the Controller shall give notice of the claim to every applicant for the patent (not being the claimant) and to any other person whom the Controller may consider to be interested; and before deciding upon any request or claim made under sub-section (2) or sub-section (3), the Controller shall, if required, hear the person in respect of or by whom the request or claim is made, and, in the case of a claim under sub-section (3), any person to whom notice of the claim has been given as aforesaid. (7) Where any person has been mentioned as inventor in pursuance of this section any other person who alleges that he ought not to have been so mentioned may at any time apply to the Controller for a certificate to that effect, and the Controller may, after hearing, if required, any person whom he may consider to be interested, issue such a certificate, and if he does so, he shall rectify the specification and the register accordingly. CHAPTER VI ANTICIPATION **29. Anticipation by previous publication.—(1) An invention claimed in a complete specification** shall not be deemed to have been anticipated by reason only that the invention was published in a specification filed in pursuance of an application for a patent made in India and dated before the 1st day of January, 1912. (2) Subject as hereinafter provided, an invention claimed in a complete specification shall not be deemed to have been anticipated by reason only that the invention was published before the priority date of the relevant claim of the specification, if the patentee or the applicant for the patent proves— (a) that the matter published was obtained from him, or (where he is not himself the true and first inventor) from any person from whom he derives title, and was published without his consent or the consent of any such person; and (b) where the patentee or the applicant for the patent or any person from whom he derives title learned of the publication before the date of the application for the patent, or, in the case of a convention application, before the date of the application for protection in a convention country, that the application or the application in the convention country, as the case may be, was made as soon as reasonably practicable thereafter: 1. Subs. by Act 15 of 2005, s. 25, for sub-section (4) (w.e.f. 1-1-2005). 2. Sub-section (5) omitted by s. 25, ibid. (w.e.f. 1-1-2005). 3. Subs. by s. 25, ibid., for “Subject to the provisions of sub-section (5), where” (w.e.f. 1-1-2005). ----- Provided that this sub-section shall not apply if the invention was before the priority date of the claim commercially worked in India, otherwise than for the purpose of reasonable trial, either by the patentee or the applicant for the patent or any person from whom he derives title or by any other person with the consent of the patentee or the applicant for the patent or any person from whom he derives title. (3) Where a complete specification is filed in pursuance of an application for a patent made by a person being the true and first inventor or deriving title from him, an invention claimed in that specification shall not be deemed to have been anticipated by reason only of any other application for a patent in respect of the same invention made in contravention of the rights of that person, or by reason only that after the date of filing of that other application the invention was used or published, without the consent of that person, by the applicant in respect of that other application or by any other person in consequence of any disclosure of any invention by that applicant. **30. Anticipation by previous communication to Government.—An invention claimed in a** complete specification shall not be deemed to have been anticipated by reason only of the communication of the invention to the Government or to any person authorised by the Government to investigate the invention or its merits, or of anything done, in consequence of such a communication, for the purpose of the investigation. **31. Anticipation by public display, etc.—An invention claimed in a complete specification shall not** be deemed to have been anticipated by reason only of— (a) the display of the invention with the consent of the true and first inventor or a person deriving title from him at an industrial or other exhibition to which the provisions of this section have been extended by the Central Government by notification in the Official Gazette, or the use thereof with his consent for the purpose of such an exhibition in the place where it is held; or (b) the publication of any description of the invention in consequence of the display or use of the invention at any such exhibition as aforesaid; or (c) the use of the invention, after it has been displayed or used at any such exhibition as aforesaid and during the period of the exhibition, by any person without the consent of the true and first inventor or a person deriving title from him; or (d) the description of the invention in a paper read by the true and first inventor before a learned society or published with his consent in the transactions of such a society, if the application for the patent is made by the true and first inventor or a person deriving title from him 1[not later than twelve months] after the opening of the exhibition or the reading or publication of the paper, as the case may be. **32.** **Anticipation by public working.—An invention claimed in a complete specification shall not be** deemed to have been anticipated by reason only that at any time within one year before the priority date of the relevant claim of the specification, the invention was publicly worked in India— (a) by the patentee or applicant for the patent or any person from whom he derives title; or (b) by any other person with the consent of the patentee or applicant for the patent or any person from whom he derives title, if the working was effected for the purpose of reasonable trial only and if it was reasonably necessary, having regard to the nature of the invention, that the working for that purpose should be effected in public. **33. Anticipation by use and publication after provisional specification.—(1) Where a complete** specification is filed or proceeded with in pursuance of an application which was accompanied by a provisional specification or where a complete specification filed along with an application is treated by virtue of a direction under sub-section (3) of section 9 as a provisional specification, then, notwithstanding anything contained in this Act, the Controller shall not refuse to grant the patent, and the patent shall not be revoked or invalidated, by reason only that any matter described in the provisional specification or in the specification treated as aforesaid as a provisional specification was used in India or published in India or elsewhere at any time after the date of the filing of that specification. 1. Subs. by Act 15 of 2005, s. 26, for “not later than six months” (w.e.f. 1-1-2005). ----- (2) Where a complete specification is filed in pursuance of a convention application, then, notwithstanding anything contained in this Act, the Controller shall not refuse to grant the patent, and the patent shall not be revoked or invalidated, by reason only that any matter disclosed in any application for protection in a convention country upon which the convention application is founded was used in India or published in India or elsewhere at any time after the date of that application for protection. **34. No anticipation if circumstances are only as described in sections 29, 30, 31** **and 32.—Notwithstanding anything contained in this Act, the Controller shall not refuse** [1]*** to grant a patent, and a patent shall not be revoked or invalidated by reason only of any circumstances which, by virtue of section 29 or section 30 or section 31 or section 32, do not constitute an anticipation of the invention claimed in the specification. CHAPTER VII # PROVISIONS FOR SECRECY OF CERTAIN INVENTIONS **35. Secrecy directions relating to inventions relevant for defence purposes.—(1) Where, in** respect of an application made before or after the commencement of this Act for a patent, it appears to the Controller that the invention is one of a class notified to him by the Central Government as relevant for defence purposes, or, where otherwise the invention appears to him to be so relevant, he may give directions for prohibiting or restricting the publication of information with respect to the invention or the communication of such information [2]***. (2) Where the Controller gives any such directions as are referred to in sub-section (1), he shall give notice of the application and of the directions to the Central Government, and the Central Government shall, upon receipt of such notice, consider whether the publication of the invention would be prejudicial to the defence of India, and if upon such consideration, it appears to it that the publication of the invention would not so prejudice, give notice to the Controller to that effect, who shall thereupon revoke the directions and notify the applicant accordingly. (3) Without prejudice to the provisions contained in sub-section (1), where the Central Government is of opinion that an invention in respect of which the Controller has not given any directions under sub-section (1), is relevant for defence purposes, it may at any time before [3][grant of patent] notify the Controller to that effect, and thereupon the provisions of that sub-section shall apply as if the invention were one of the class notified by the Central Government, and accordingly the Controller shall give notice to the Central Government of the directions issued by him. **36. Secrecy directions to be periodically reviewed.—[4][(1) The question whether an invention in** respect of which directions have been given under section 35 continues to be relevant for defence purposes shall be reconsidered by the Central Government at intervals of [5][six months] or on a request made by the applicant which is found to be reasonable by the Controller and if, on such reconsideration it appears to the Central Government that the publication of the invention would no longer be prejudicial to the defence of India or in case of an application filed by a foreign applicant it is found that the invention is published outside India it shall forthwith give notice to the Controller to revoke the direction and the Controllers shall thereupon revoke the directions previously given by him.] (2) The result of every re-consideration under sub-section (1), shall be communicated to the applicant within such time and in such manner as may be prescribed. **37. Consequences of secrecy directions.—(1) So long as any directions under section 35 are in force** in respect of an application— (a) the Controller shall not pass an order refusing [6][to grant] the same; and 1. The words “to accept complete specification for a patent or” omitted by Act 15 of 2005, s. 27 (w.e.f. 1-1-2005). 2. The words “to any person or class of persons specified in the directions” omitted by Act 38 of 2002, s. 19 (w.e.f. 20-5-2003). 3. Subs. by Act 15 of 2005, s. 28, for “acceptance of complete specification” (w.e.f. 1-1-2005). 4. Subs. by Act 38 of 2002, s. 20, for sub-section (1) (w.e.f. 20-5-2003). 5 Subs. by Act 15 of 2005, s. 29, for “twelve months” (w.e.f. 1-1-2005). 6. Subs. by s. 30, ibid., for “to accept” (w.e.f. 1-1-2005). ----- (b) notwithstanding anything contained in this Act, no appeal shall lie from any order of the Controller passed in respect thereof: 1[Provided that the application may, subject to the directions, proceed up to the stage of grant of the patent, but the application and the specification found to be in order for grant of the patent shall not be published, and no patent shall be granted in pursuance of that application.] (2) Where a complete specification filed in pursuance of an application for a patent for an invention in respect of which directions have been given under section 35 [2][is found to be in order for grant of the patent] during the continuance in force of the directions, then— (a) if, during the continuance in force of the directions, any use of the invention is made by or on behalf of, or to the order of the Government, the provisions of sections 100, 101 and 103 shall apply in relation to that use as if the patent had been granted for the invention ; and (b) if it appears to the Central Government that the applicant for the patent has suffered hardship by reason of the continuance in force of the directions, the Central Government may make to him such payment (if any) by way of solatium as appears to the Central Government to be reasonable having regard to the novelty and utility of the invention and the purpose for which it is designed, and to any other relevant circumstances. (3) Where a patent is granted in pursuance of an application in respect of which directions have been given under section 35, no renewal fee shall be payable in respect of any period during which those directions were in force. **38. Revocation of secrecy directions and extension of time.—When any direction given under** section 35 is revoked by the Controller, then, notwithstanding any provision of this Act specifying the time within which any step should be taken or any act done in connection with an application for the patent, the Controller may, subject to such conditions, if any, as he thinks fit to impose, extend the time for doing anything required or authorised to be done by or under this Act in connection with the application, whether or not that time has previously expired. 3[39. Residents not to apply for patents outside India without prior permission.—(1) No person resident in India shall, except under the authority of a written permit sought in the manner prescribed and granted by or on behalf of the Controller, make or cause to be made any application outside India for the grant of a patent for an invention unless— (a) an application for a patent for the same invention has been made in India, not less than six weeks before the application outside India; and (b) either no direction has been given under sub-section (1) of section 35 in relation to the application in India, or all such directions have been revoked. (2) The Controller shall dispose of every such application within such period as may be prescribed: Provided that if the invention is relevant for defence purpose or atomic energy, the Controller shall not grant permit without the prior consent of the Central Government. (3) This section shall not apply in relation to an invention for which an application for protection has first been filed in a country outside India by a person resident outside India.] 1. Subs. by Act 15 of 2005, s. 30, for the proviso (w.e.f. 1-1-2005). 2. Subs. by s. 30, ibid., for “is accepted” (w.e.f. 1-1-2005). 3. Subs by s. 31, ibid., for section 39 (w.e.f. 1-1-2005). ----- **40. Liability for contravention of section 35 or section 39.—Without prejudice to the provisions** contained in Chapter XX, if in respect of an application for a patent any person contravenes any direction as to secrecy given by the Controller under section 35 [1][or makes or causes to be made an application for grant of a patent outside India in contravention of section 39], or the application for patent under this Act shall be deemed to have been abandoned and the patent granted, if any, shall be liable to be revoked under section 64. **41. Finality of orders of Controller and Central Government.—All orders of the Controller** giving directions as to secrecy as well as all orders of the Central Government under this Chapter shall be final and shall not be called in question in any court on any ground whatsoever. **42. Savings respecting disclosure to Government.—Nothing in this Act shall be held to prevent** the disclosure by the Controller of information concerning an application for a patent or a specification filed in pursuance thereof to the Central Government for the purpose of the application or specification being examined for considering whether an order under this Chapter should be made or whether an order so made should be revoked. CHAPTER VIII 2[GRANT OF PATENTS AND RIGHTS CONFERRED THEREBY] 3[43. Grant of patents.—(1) Where an application for a patent has been found to be in order for grant of the patent and either— (a) the application has not been refused by the Controller by virtue of any power vested in him by this Act; or (b) the application has not been found to be in contravention of any of the provisions of this Act, the patent shall be granted as expeditiously as possible to the applicant or, in the case of a joint application, to the applicants jointly, with the seal of the patent office and the date on which the patent is granted shall be entered in the register. (2) On the grant of patent, the Controller shall publish the fact that the patent has been granted and thereupon the application, specification and other documents related thereto shall be open for public inspection.] **44. Amendment of patent granted to deceased applicant.—Where, at any time after a patent has** been [4][granted] in pursuance of an application under this Act, the Controller is satisfied that the person to whom the patent was granted had died, or, in the case of a body corporate, had ceased to exist, before the patent was [4][granted], the Controller may amend the patent by substituting for the name of that person the name of the person to whom the patent ought to have been granted, and the patent shall have effect, and shall be deemed always to have had effect, accordingly. **45. Date of patent.—[5][(1) Subject to the other provisions contained in this Act, every patent shall be** dated as of the date on which the application for patent was filed.] (2) The date of every patent shall be entered in the register. (3) Notwithstanding anything contained in this section, no suit or other proceeding shall be commenced or prosecuted in respect of an infringement committed before [6][the date of publication of the application]. 1. Ins. by Act 38 of 2002, s. 22 (w.e.f. 20-5-2003). 2. Subs. by Act 15 of 2005, s. 32, for Chapter Heading (w.e.f. 1-1-2005). 3. Subs. by s. 33, ibid., for section 43 (w.e.f. 1-1-2005). 4. Subs. by s. 34, ibid., for “sealed” (w.e.f. 1-1-2005). 5. Subs. by Act 38 of 2002, s. 24, for sub-section (1) (we.f. 20-5-2003). 6. Subs. by Act 15 of 2005, s. 35, for certain words (we.f. 1-1-2005). ----- **46. Form, extent and effect of patent.—(1) Every patent shall be in the prescribed form and shall** have effect throughout India. (2) A patent shall be granted for one invention only: Provided that it shall not be competent for any person in a suit or other proceeding to take any objection to a patent on the ground that it has been granted for more than one invention. **47. Grant of patents to be subject to certain conditions.—The grant of a patent under this Act shall** be subject to the condition that— (1) any machine, apparatus or other article in respect of which the patent is granted or any article made by using a process in respect of which the patent is granted, may be imported or made by or on behalf of the Government for the purpose merely of its own use; (2) any process in respect of which the patent is granted may be used by or on behalf of the Government for the purpose merely of its own use; (3) any machine, apparatus or other article in respect of which the patent is granted or any article made by the use of the process in respect of which the patent is granted, may be made or used, and any process in respect of which the patent is granted may be used, by any person, for the purpose merely of experiment or research including the imparting of instructions to pupils; and (4) in the case of a patent in respect of any medicine or drug, the medicine or drug may be imported by the Government for the purpose merely of its own use or for distribution in any dispensary, hospital or other medical institution maintained by or on behalf of the Government or any other dispensary, hospital or other medical institution which the Central Government may, having regard to the public service that such dispensary, hospital or medical institution renders, specify in this behalf by notification in the Official Gazette. 1[48. Rights of patentees.—Subject to the other provisions contained in this Act and the conditions specified in section 47, a patent granted under this Act shall confer upon the patentee— (a) where the subject matter of the patent is a product, the exclusive right to prevent third parties, who do not have his consent, from the act of making, using, offering for sale, selling or importing for those purposes that product in India; (b) where the subject matter of the patent is a process, the exclusive right to prevent third parties, who do not have his consent, from the act of using that process, and from the act of using, offering for sale, selling or importing for those purposes the product obtained directly by that process in India. 2* - - - *] **49. Patent rights not infringed when used on foreign vessels, etc., temporarily or accidentally in** **India.—(1) Where a vessel or aircraft registered in a foreign country or a land vehicle owned by a person** ordinarily resident in such country comes into India (including the territorial waters thereof) temporarily or accidentally only, the rights conferred by a patent for an invention shall not be deemed to be infringed by the use of the invention— (a) in the body of the vessel or in the machinery, tackle, apparatus or other accessories thereof, so far as the invention is used on board the vessel and for its actual needs only; or (b) in the construction or working of the aircraft or land vehicle or of the accessories thereof, as the case may be. (2) This section shall not extend to vessels, aircraft or land vehicles owned by persons ordinarily resident in a foreign country the laws of which do not confer corresponding rights with respect to the use of inventions in vessels, aircraft or land vehicles owned by persons ordinarily resident in India while in the ports or within the territorial waters of that foreign country or otherwise within the jurisdiction of its courts. 1. Subs. by Act 38 of 2002, s. 25, for section 48 (w.e.f. 20-5-2003). 2. The proviso omitted by Act 15 of 2005, s. 36 (w.e.f. 1-1-2005). ----- **50. Rights of co-owners of patents.—(1) Where a patent is granted to two or more persons, each of** those persons shall, unless an agreement to the contrary is in force, be entitled to an equal undivided share in the patent. (2) Subject to the provisions contained in this section and in section 51, where two or more persons are registered as grantee or proprietor of a patent, then, unless an agreement to the contrary is in force, each of those persons shall be entitled, by himself or his agents, to [1][the rights conferred by section 48] for his own benefit without accounting to the other person or persons. (3) Subject to the provisions contained in this section and in section 51 and to any agreement for the time being in force, where two or more persons are registered as grantee or proprietor of a patent, then, a licence under the patent shall not be granted and a share in the patent shall not be assigned by one of such persons except with the consent of the other person or persons. (4) Where a patented article is sold by one of two or more persons registered as grantee or proprietor of a patent, the purchaser and any person claiming through him shall be entitled to deal with the article in the same manner as if the article had been sold by a sole patentee. (5) Subject to the provisions contained in this section, the rules of law applicable to the ownership and devolution of movable property generally shall apply in relation to patents; and nothing contained in sub-section (1) or sub-section (2) shall affect the mutual rights or obligations of trustees or of the legal representatives of a deceased person or their rights or obligations as such. (6) Nothing in this section shall affect the rights of the assignees of a partial interest in a patent created before the commencement of this Act. **51. Power of Controller to give directions to co-owners.—(1) Where two or more persons are** registered as grantee or proprietor of a patent, the Controller may, upon application made to him in the prescribed manner by any of those persons, give such directions in accordance with the application as to the sale or lease of the patent or any interest therein, the grant of licences under the patent, or the exercise of any right under section 50 in relation thereto, as he thinks fit. (2) If any person registered as grantee or proprietor of a patent fails to execute any instrument or to do any other thing required for the carrying out of any direction given under this section within fourteen days after being requested in writing so to do by any of the other persons so registered, the Controller may, upon application made to him in the prescribed manner by any such other person, give directions empowering any person to execute that instrument or to do that thing in the name and on behalf of the person in default. (3) Before giving any directions in pursuance of an application under this section, the Controller shall give an opportunity to be heard— (a) in the case of an application under sub-section (1), to the other person or persons registered as grantee or proprietor of the patent; (b) in the case of an application under sub-section (2), to the person in default. (4) No direction shall be given under this section so as to affect the mutual rights or obligation of trustees or of the legal representatives of a deceased person or of their rights or obligations as such, or which is inconsistent with the terms of any agreement between persons registered as grantee or proprietor of the patent. 1. Subs. by Act 38 of 2002, s. 26, for “make, use, exercise and sell the patented invention” (w.e.f. 20-5-2003). ----- **52. Grant of patent to true and first inventor where it has been obtained by another in fraud of** **him.—(1)** [1][Where the patent has been revoked under section 64] on the ground that the patent was obtained wrongfully and in contravention of the rights of the petitioner or any person under or through whom he claims, or, where in a petition for revocation, the [2][ [3]*** court], instead of revoking the patent, directs the complete specification to be amended by the exclusion of a claim or claims in consequence of a finding that the invention covered by such claim or claims had been obtained from the petitioner, the [2][ [3]*** court] may, by order passed in the same proceeding, permit the grant to the petitioner of the whole or such part of the invention which the [2][ [3]*** court] finds has been wrongfully obtained by the patentee, in lieu of the patent so revoked or is excluded by amendment. (2) Where any such order is passed, the Controller shall, on request by the petitioner made in the prescribed manner grant to him:— (i) in cases where the [2][ [3]*** court] permits the whole of the patent to be granted, a new patent bearing the same date and number as the patent revoked; (ii) in cases where the [2][ [3]*** court] permits a part only of the patent to be granted, a new patent for such part bearing the same date as the patent revoked and numbered in such manner as may be prescribed: Provided that the Controller may, as a condition of such grant, require the petitioner to file a new and complete specification to the satisfaction of the Controller describing and claiming that part of the invention for which the patent is to be granted. (3) No suit shall be brought for any infringement of a patent granted under this section committed before the actual date on which such patent was granted. **53. Term of patent.—[4][(1) Subject to the provisions of this Act, the term of every patent granted,** after the commencement of the Patents (Amendment) Act, 2002, and the term of every patent which has not expired and has not ceased to have effect, on the date of such commencement, under this Act, shall be twenty years from the date of filing of the application for the patent.] 5[Explanation.—For the purposes of this sub-section, the term of patent in case of International applications filed under the Patent Cooperation Treaty designating India, shall be twenty years from the international filing date accorded under the Patent Cooperation Treaty.] (2) A patent shall cease to have effect notwithstanding anything therein or in this Act on the expiration of the period prescribed for the payment of any renewal fee, if that fee is not paid within the prescribed period [6][or within such extended period as may be prescribed]. 7* - - - 8[(4) Notwithstanding anything contained in any other law for the time being in force, on cessation of the patent right due to non-payment of renewal fee or on the expiry of the term of patent, the subject matter covered by the said patent shall not be entitled to any protection.] CHAPTER IX # PATENTS OF ADDITION **54. Patents of addition.—(1) Subject to the provisions contained in this section, where an** application is made for a patent in respect of any improvement in or modification of an invention described or disclosed in the complete specification filed therefor (in this Act referred to as the “main invention”) and the applicant also applies or has applied for a patent for that invention or is the patentee in respect thereof, the Controller may, if the applicant so requests, grant the patent for the improvement or modification as a patent of addition. 1. Subs. by Act 15 of 2005, s. 37, for “Where a patent has been revoked” (w.e.f. 1-1-2005). 2. Subs. by s. 37, ibid., for “court” (w.e.f. 2-4-2007). 3. The word “Appellate Board” omitted by Act 33 of 2021, s. 13 (w.e.f. 4-4-2021). 4. Subs. by Act 38 of 2002, s. 27, for sub-section (1) (w.e.f. 20-5-2003). 5. The Explanation ins. by Act 15 of 2005, s. 38 (w.e.f. 1-1-2005). 6. Subs. by s. 38, ibid., for “or within that period as extended under this section” (w.e.f. 1-1-2005). 7. Sub-section (3) omitted by s. 38, ibid. (w.e.f. 1-1-2005). 8. Ins. by Act 38 of 2002, s. 27 (w.e.f. 20-5-2003). ----- (2) Subject to the provisions contained in this section, where an invention, being an improvement in or modification of another invention, is the subject of an independent patent and the patentee in respect of that patent is also the patentee in respect of the patent for the main invention, the Controller may, if the patentee so requests, by order, revoke the patent for the improvement or modification and grant to the patentee a patent of addition in respect thereof, bearing the same date as the date of the patent so revoked. (3) A patent shall not be granted as a patent of addition unless the date of filing of the [1][application] was the same as or later than the date of filing of the [1][application] in respect of the main invention. 2[(4) A patent of addition shall not be granted before grant of the patent for the main invention]. **55. Term of patents of addition.—(1) A patent of addition shall be granted for a term equal to that** of the patent for the main invention, or so much thereof as has not expired, and shall remain in force during that term or until the previous cesser of the patent for the main invention and no longer: Provided that if the patent for the main invention is revoked under this Act, the court, or, as the case may be, the Controller, on request made to him by the patentee in the prescribed manner, may order that the patent of addition shall become an independent patent for the remainder of the term for the patent for the main invention and thereupon the patent shall continue in force as an independent patent accordingly. (2) No renewal fees shall be payable in respect of a patent of addition, but, if any such patent becomes an independent patent under sub-section (1), the same fees shall thereafter be payable, upon the same dates, as if the patent had been originally granted as an independent patent. **56. Validity of patents of addition.—(1) The grant of a patent of addition shall not be refused, and a** patent granted as a patent of addition shall not be revoked or invalidated, on the ground only that the invention claimed in the complete specification does not involve any inventive step having regard to any publication or use of— (a) the main invention described in the complete specification relating thereto; or (b) any improvement in or modification of the main invention described in the complete specification of a patent of addition to the patent for the main invention or of an application for such a patent of addition, and the validity of a patent of addition shall not be questioned on the ground that the invention ought to have been the subject of an independent patent. (2) For the removal of doubts it is hereby declared that in determining the novelty of the invention claimed in the complete specification filed in pursuance of an application for a patent of addition regard shall be had also to the complete specification in which the main invention is described. CHAPTER X AMENDMENT OF APPLICATIONS AND SPECIFICATIONS **57. Amendment of application and specification before Controller.—(1) Subject to the provisions** of section 59, the Controller may, upon application made under this section in the prescribed manner by an applicant for a patent or by a patentee, allow the application for the patent or the complete specification [3][or any document relating thereto] to be amended subject to such conditions, if any, as the Controller thinks fit: Provided that the Controller shall not pass any order allowing or refusing an application to amend an application for a patent or a specification [3][or any document relating thereto] under this section while any suit before a court for the infringement of the patent or any proceeding before the High Court for the revocation of the patent is pending, whether the suit or proceeding commenced before or after the filing of the application to amend. (2) Every application for leave to amend an application for a patent [4][or a complete specification or any document relating thereto] under this section shall state the nature of the proposed amendment, and shall give full particulars of the reasons for which the application is made. 1. Subs. by Act 15 of 2005, s. 39, for “complete specification” (w.e.f. 1-1-2005). 2. Subs. by s. 39, ibid., for sub-section (4) (w.e.f. 1-1-2005). 3. Ins. by Act 38 of 2002, s. 28 (w.e.f. 20-5-2003). 4. Subs. by s. 28, ibid., for “or a specification” (w.e.f. 20-5-2003). ----- 1[(3) Any application for leave to amend an application for a patent or a complete specification or a document related thereto under this section made after the grant of patent and the nature of the proposed amendment may be published.] (4) Where an application is [2][published] under sub-section (3), any person interested may, within the prescribed period after the [3][publication] thereof, give notice to the Controller of opposition thereto; and where such a notice is given within the period aforesaid, the Controller shall notify the person by whom the application under this section is made and shall give to that person and to the opponent an opportunity to be heard before he decides the case. (5) An amendment under this section of a complete specification may be, or include, an amendment of the priority date of a claim. 4[(6) The provisions of this section shall be without prejudice to the right of an applicant for a patent to amend his specification or any other document related thereto to comply with the directions of the Controller issued before the grant of a patent.] 5[58. Amendment of specification before **Appellate Board or High Court.—(1) In any proceeding** before the [6]*** the High Court for the revocation of a patent, the [6]*** the High Court, [7]***, may, subject to the provisions contained in section 59, allow the patentee to amend his complete specification in such manner and subject to such terms as to costs, advertisement or otherwise, as the [6]*** the High Court may think fit, and if in any proceedings for revocation the [6]*** the High Court decides that the patent is invalid, it may allow the specification to be amended under this section instead of revoking the patent. (2) Where an application for an order under this section is made to the [6]*** the High Court, the applicant shall give notice of the application to the Controller, and the Controller shall be entitled to appear and be heard, and shall appear if so directed by the [6]*** the High Court. (3) Copies of all orders of the [6]*** the High Court allowing the patentee to amend the specification shall be transmitted by the [6]*** the High Court to the Controller who shall, on receipt thereof, cause an entry thereof and reference thereto to be made in the register.] **59. Supplementary provisions as to amendment of application or specification.—[8][(1) No** amendment of an application for a patent or a complete specification or any document relating thereto shall be made except by way of disclaimer, correction or explanation, and no amendment thereof shall be allowed, except for the purpose of incorporation of actual fact, and no amendment of a complete specification shall be allowed, the effect of which would be that the specification as amended would claim or describe matter not in substance disclosed or shown in the specification before the amendment, or that any claim of the specification as amended would not fall wholly within the scope of a claim of the specification before the amendment.] 9[(2) Where after the date of grant of patent any amendment of the specification or any other documents related thereto is allowed by the Controller or by [10]*** the High Court, as the case may be,— (a) the amendment shall for all purposes be deemed to form part of the specification along with other documents related thereto; (b) the fact that the specification or any other documents related thereto has been amended shall be published as expeditiously as possible; and 1. Subs. by Act 15 of 2005, s. 40, for sub-section (3) (w.e.f. 1-1-2005). 2. Subs. by s. 40, ibid., for “advertised” (w.e.f. 1-1-2005). 3. Subs. by s. 40, ibid., for “advertisement” (w.e.f. 1-1-2005). 4. Subs. by s. 40, ibid., for sub-section (6) (w.e.f 1-1-2005). 5. Subs. by s. 41, ibid., for section 58 (w.e.f. 2-4-2007). 6. The word “the Appellate Board” omitted by Act 33 of 2021, s. 13 (w.e.f. 4-4-2021). 7. The words “as the case may be” omitted by s. 13, ibid. (w.e.f. 4-4-2021). 8. Subs. by Act 38 of 2002, s. 29, for sub-section (1) (w.e.f. 20-5-2003). 9. Subs. by Act 15 of 2005, s. 42, for sub-section (2) (w.e.f. 2-4-2007). 10. The words “the Appellate Board or” omitted by Act 33 of 2021, s. 13 (w.e.f. 4-4-2021). ----- (c) the right of the applicant or patentee to make amendment shall not be called in question except on the ground of fraud]. (3) In construing the specification as amended, reference may be made to the specification as originally accepted. CHAPTER XI RESTORATION OF LAPSED PATENTS **60. Applications for restoration of lapsed patents.—(1) Where a patent has ceased to have effect** by reason of failure to pay any renewal fee within the [1][period prescribed under section 53 or within such period as may be allowed under sub-section (4) of section 142], the patentee or his legal representative, and where the patent was held by two or more persons jointly, then, with the leave of the Controller, one or more of them without joining the others, may, within [2][eighteen months] from the date on which the patent ceased to have effect, make an application for the restoration of the patent. 3* - - - (3) An application under this section shall contain a statement, verified in the prescribed manner, fully setting out the circumstances which led to the failure to pay the prescribed fee, and the Controller may require from the applicant such further evidence as he may think necessary. **61. Procedure for disposal of applications for restoration of lapsed patents.—(1) If, after hearing** the applicant in cases where the applicant so desires or the Controller thinks fit, the Controller is _prima_ _facie satisfied that the failure to pay the renewal fee was unintentional and that there has been no undue_ delay in the making of the application, he shall [4][publish the application] in the prescribed manner; and within the prescribed period any person interested may give notice to the Controller of opposition thereto on either or both of the following grounds, that is to say,— (a) that the failure to pay the renewal fee was not unintentional; or (b) that there has been undue delay in the making of the application. (2) If notice of opposition is given within the period aforesaid, the Controller shall notify the applicant, and shall give to him and to the opponent an opportunity to be heard before he decides the case. (3) If no notice of opposition is given within the period aforesaid or if in the case of opposition, the decision of the Controller is in favour of the applicant, the Controller shall, upon payment of any unpaid renewal fee and such additional fee as may be prescribed, restore the patent and any patent of addition specified in the application which has ceased to have effect on the cesser of that patent. (4) The Controller may, if he thinks fit as a condition of restoring the patent, require that an entry shall be made in the register of any document or matter which, under the provisions of this Act, has to be entered in the register but which has not been so entered. **62. Rights of patentees of lapsed patents which have been restored.—(1) Where a patent is** restored, the rights of the patentee shall be subject to such provisions as may be prescribed and to such other provisions as the Controller thinks fit to impose for the protection or compensation of persons who may have begun to avail themselves of, or have taken definite steps by contract or otherwise to avail themselves of, the patented invention between the date when the patent ceased to have effect and the date of the [5][publication] of the application for restoration of the patent under this Chapter. 1. Subs. by Act 15 of 2005, s. 43, for “prescribed period or within that period as extended under sub-section (3) of section 53” (w.e.f. 1-1-2005). 2. Subs. by Act 38 of 2002, s. 30, for “one year” (w.e.f. 20-5-2003). 3. Sub-section (2) omitted by s. 30, ibid. (w.e.f. 20-5-2003). 4. Subs. by Act 15 of 2005, s. 44, for “advertise the application” (w.e.f. 1-1-2005). 5. Subs. by s. 45, ibid., for “advertisement” (w.e.f. 1-1-2005). ----- (2) No suit or other proceeding shall be commenced or prosecuted in respect of an infringement of a patent committed between the date on which the patent ceased to have effect and the [1][date of publication] of the application for restoration of the patent. CHAPTER XII SURRENDER AND REVOCATION OF PATENTS **63. Surrender of patents.—(1) A patentee may, at any time by giving notice in the prescribed** manner to the Controller, offer to surrender his patent. (2) Where such an offer is made, the Controller shall [2][publish] the offer in the prescribed manner, and also notify every person other than the patentee whose name appears in the register as having an interest in the patent. (3) Any person interested may, within the prescribed period after [3][such publication] give notice to the Controller of opposition to the surrender, and where any such notice is given the Controller shall notify the patentee. (4) If the Controller is satisfied after hearing the patentee and any opponent, if desirous of being heard, that the patent may properly be surrendered, he may accept the offer and, by order revoke the patent. **64. Revocation of Power patents.—(1) Subject to the provisions contained in this Act, a patent** whether granted before or after the commencement of this Act, may, [4][be revoked on a petition of any person interested or of the Central Government [5]*** or on a counter-claim in a suit for infringement of the patent by the High Court] on any of the following grounds, that is to say— (a) that the invention, so far as claimed in any claim of the complete specification, was claimed in a valid claim of earlier priority date contained in the complete specification of another patent granted in India; (b) that the patent was granted on the application of a person not entitled under the provisions of this Act to apply therefor: 6* - - - (c) that the patent was obtained wrongfully in contravention of the rights of the petitioner or any person under or through whom he claims; (d) that the subject of any claim of the complete specification is not an invention within the meaning of this Act; (e) that the invention so far as claimed in any claim of the complete specification is not new, having regard to what was publicly known or publicly used in India before the priority date of the claim or to what was published in India or elsewhere in any of the documents referred to in section 13: 6* - - - (f) that the invention so far as claimed in any claim of the complete specification is obvious or does not involve any inventive step, having regard to what was publicly known or publicly used in India or what was published in India or elsewhere before the priority date of the claim: 6* - - - (g) that the invention, so far as claimed in any claim of the complete specification, is not useful; 1. Subs. by Act 15 of 2005, s. 45, for “date of the advertisement” (w.e.f. 1-1-2005). 2. Subs. by s. 46, ibid., for “advertise” (w.e.f. 1-1-2005). 3. Subs. by s. 46, ibid., for “such advertisement” (w.e.f. 1-1-2005). 4. Subs. by s. 47, ibid., for certain words (w.e.f. 2-4-2007). 5. The words “by the Appellate Board” omitted by Act 33 of 2021, s. 13 (w.e.f. 4-4-2021). 6. The proviso omitted by Act 38 of 2002, s. 31 (w.e.f. 20-5-2003). ----- (h) that the complete specification does not sufficiently and fairly describe the invention and the method by which it is to be performed, that is to say, that the description of the method or the instructions for the working of the invention as contained in the complete specification are not by themselves sufficient to enable a person in India possessing average skill in, and average knowledge of, the art to which the invention relates, to work the invention, or that it does not disclose the best method of performing it which was known to the applicant for the patent and for which he was entitled to claim, protection; (i) that the scope of any claim of the complete specification is not sufficiently and clearly defined or that any claim of the complete specification is not fairly based on the matter disclosed in the specification; (j) that the patent was obtained on a false suggestion or representation; (k) that the subject of any claim of the complete specification is not patentable under this Act; (l) that the invention so far as claimed in any claim of the complete specification was secretly used in India, otherwise than as mentioned in sub-section (3), before the priority date of the claim; (m) that the applicant for the patent has failed to disclose to the Controller the information required by section 8 or has furnished information which in any material particular was false to his knowledge; (n) that the applicant contravened any direction for secrecy passed under section 35 [1][or made or caused to be made an application for the grant of a patent outside India in contravention of section 39]; (o) that leave to amend the complete specification under section 57 or section 58 was obtained by fraud; 1[(p) that the complete specification does not disclose or wrongly mentions the source or geographical origin of biological material used for the invention; (q) that the invention so far as claimed in any claim of the complete specification was anticipated having regard to the knowledge, oral or otherwise, available within any local or indigenous community in India or elsewhere.] (2) For the purposes of clauses (e) and (f) of sub-section (1),— (a) no account shall be taken of [2][personal document or secret trial or secret use]; and (b) where the patent is for a process or for a product as made by a process described or claimed the importation into India of the product made abroad by that process shall constitute knowledge or use in India of the invention on the date of the importation, except where such importation has been for the purpose of reasonable trial or experiment only. (3) For the purpose of clause (l) of sub-section (1), no account shall be taken of any use of the invention— (a) for the purpose of reasonable trial or experiment only; or (b) by the Government or by any person authorised by the Government or by a Government undertaking, in consequence of the applicant for the patent or any person from whom he derives title having communicated or disclosed the invention directly or indirectly to the Government or person authorised as aforesaid or to the Government undertaking; or (c) by any other person, in consequence of the applicant for the patent or any person from whom he derives title having communicated or disclosed the invention, and without the consent or acquiescence of the applicant or of any person from whom he derives title. 1. Ins. by Act 38 of 2002, s. 31 (w.e.f. 20-5-2003). 2. Subs. by s. 31, ibid., for “secret use” (w.e.f. 20-5-2003). ----- (4) Without prejudice to the provisions contained in sub-section (1), a patent may be revoked by the High Court on the petition of the Central Government, if the High Court is satisfied that the patentee has without reasonable cause failed to comply with the request of the Central Government to make, use or exercise the patented invention for the purposes of Government within the meaning of section 99 upon reasonable terms. (5) A notice of any petition for revocation of a patent under this section shall be served on all persons appearing from the register to be proprietors of that patent or to have shares or interests therein and it shall not be necessary to serve a notice on any other person. 1[65. Revocation of patent or amendment of complete specification on directions from **Government in cases relating to atomic energy.—(1) Where at any time after grant of a patent, the** Central Government is satisfied that a patent is for an invention relating to atomic energy for which no patent can be granted under sub-section (1) of section 20 of the Atomic Energy Act, 1962 (33 of 1962), it may direct the Controller to revoke the patent, and thereupon the Controller, after giving notice, to the patentee and every other person whose name has been entered in the register as having an interest in the patent, and after giving them an opportunity of being heard, may revoke the patent. (2) In any proceedings under sub-section (1), the Controller may allow the patentee to amend the complete specification in such manner as he considers necessary instead of revoking the patent.] **66. Revocation of patent in public interest.—Where the Central Government is of opinion that a** patent or the mode in which it is exercised is mischievous to the State or generally prejudicial to the public, it may, after giving the patentee an opportunity to be heard, make a declaration to that effect in the Official Gazette and thereupon the patent shall be deemed to be revoked. CHAPTER XIII REGISTER OF PATENTS **67. Register of patents and particulars to be entered therein.—(1) There shall be kept at the patent** office a register of patents, wherein shall be entered— (a) the names and addresses of grantees of patents; (b) notifications of assignments and of transmissions of patents, of licences under patents, and of amendments, extensions, an revocations of patents; and (c) particulars of such other matters affecting the validity or proprietorship of patents as may be prescribed. (2) No notice of any trust, whether express, implied or constructive, shall be entered in the register, and the Controller shall not be affected by any such notice. (3) Subject to the superintendence and direction of the Central Government, the register shall be kept under the control and management of the Controller. 2[(4) Notwithstanding anything contained in sub-section (1), it shall be lawful for the Controller to keep the register of patents or any part thereof in computer floppies, diskettes or any other electronic form subject to such safeguards as may be prescribed. (5) Notwithstanding anything contained in the Indian Evidence Act, 1872 (1 of 1872), a copy of, or extracts from, the register of patents, certified to be a true copy under the hand of the Controller or any officer duly authorised by the Controller in this behalf shall, in all legal proceedings, be admissible in evidence. (6) In the event the register is kept wholly or partly in computer floppies, diskettes or any other electronic form,— 1. Subs. by Act 15 of 2005, s. 48, for section 65 (w.e.f. 1-1-2005). 2. Subs. by Act 38 of 2002, s. 32, for sub-section (4) (w.e.f. 20-5-2003). ----- (a) reference in this Act to an entry in the register shall be deemed to include reference to a record of particulars kept in computer floppies, diskettes or any other electronic form and comprising the register or part of the register; (b) references in this Act to particulars being registered or entered in the register shall be deemed to include references to the keeping of record of those particulars comprising the register or part of the register in computer floppies, diskettes or any other electronic form; and (c) references in this Act to the rectification of the register are to be read as including references to the rectification of the record of particulars kept in computer floppies, diskettes or any other electronic form and comprising the register or part of the register.] 1[68. Assignments, etc., not to be valid unless in writing and duly executed.—An assignment of a patent or of a share in a patent, a mortgage, licence or the creation of any other interest in a patent shall not be valid unless the same were in writing and the agreement between the parties concerned is reduced to the form of a document embodying all the terms and conditions governing their rights and obligations and duly executed.] **69. Registration of assignments, transmissions, etc.—(1) Where any person becomes entitled by** assignment, transmission or operation of law to a patent or to a share in a patent or becomes entitled as a mortgagee, licensee or otherwise to any other interest in a patent, he shall apply in writing in the prescribed manner to the Controller for the registration of his title or, as the case may be, of notice of his interest in the register. (2) Without prejudice to the provisions of sub-section (1), an application for the registration of the title of any person becoming entitled by assignment to a patent or a share in a patent or becoming entitled by virtue of a mortgage, licence or other instrument to any other interest in a patent may be made in the prescribed manner by the assignor, mortgagor, licensor or other party to that instrument, as the case may be. (3) Where an application is made under this section for the registration of the title of any person the Controller shall, upon proof of title to his satisfaction,— (a) where that person is entitled to a patent or a share in a patent, register him in the register as proprietor or co-proprietor of the patent, and enter in the register particulars of the instrument or event by which he derives title; or (b) where that person is entitled to any other interest in the patent, enter in the register notice of his interest, with particulars of the instrument, if any, creating it: Provided that if there is any dispute between the parties whether the assignment, mortgage, licence, transmission, operation of law or any other such transaction has validly vested in such person a title to the patent or any share or interest therein, the Controller may refuse to take any action under clause (a) or, as the case may be, under clause (b), until the rights of the parties have been determined by a competent court. (4) There shall be supplied to the Controller in the prescribed manner for being filed in the patent office copies of all agreements, licences and other documents affecting the title to any patent or any licence thereunder authenticated in the prescribed manner and also such other documents as may be prescribed relevant to the subject-matter: Provided that in the case of a licence granted under a patent, the Controller shall, if so requested by the patentee or licensee, take steps for securing that the terms of the licence are not disclosed to any person except under the order of a court. (5) Except for the purposes of an application under sub-section (1) or of an application to rectify the register, a document in respect of which no entry has been made in the register under sub-section (3) shall not be admitted by the Controller or by any court as evidence of the title of any person to a patent or to a share or interest therein unless the Controller or the court, for reasons to be recorded in writing, otherwise directs. 1. Subs. by Act 15 of 2005, s. 49, for section 68 (w.e.f. 1-1-2005). ----- **70. Power of registered grantee or proprietor to deal with patent.—Subject to the provisions** contained in this Act relating to co-ownership of patents and subject also to any rights vested in any other person of which notice is entered in the register, the person or persons registered as grantee or proprietor of a patent shall have power to assign, grant licences under, or otherwise deal with, the patent and to give effectual receipts for any consideration for any such assignment, licence or dealing: Provided that any equities in respect of the patent may be enforced in like manner as in respect of any other movable property. **71. Rectification of register by** [1][High Court].—(1) The [1][High Court] may, on the application of any person aggrieved— (a) by the absence or omission from the register of any entry; or (b) by any entry made in the register without sufficient cause; or (c) by any entry wrongly remaining on the register; or (d) by any error or defect in any entry in the register, make such order for the making, variation or deletion, of any entry therein as it may think fit. (2) In any proceeding under this section the [1][High Court] may decide any question that may be necessary or expedient to decide in connection with the rectification of the register. (3) Notice of any application to the [1][High Court] under this section shall be given in the prescribed manner to the Controller who shall be entitled to appear and be heard on the application, and shall appear if so directed by the [2][High Court]. (4) Any order of the [1][High Court] under this section rectifying the register shall direct that notice of the rectification shall be served upon the Controller in the prescribed manner who shall upon receipt of such notice rectify the register accordingly. **72. Register to be open for inspection.—(1) Subject to the provisions contained in this Act and any** rules made thereunder, the register shall at all convenient times be open to inspection by the public; and certified copies, sealed with the seal of the patent office, of any entry in the register shall be given to any person requiring them on payment of the prescribed fee. (2) The register shall be prima facie evidence of any matters required or authorised by or under this Act to be entered therein. 3[(3) If the record of particulars is kept in computer floppies or diskettes or in any other electronic form, sub-sections (1) and (2) shall be deemed to have been complied with if the public is given access to such computer floppies, diskettes or any other electronic form or printouts of such record of particulars for inspection.] CHAPTER XIV PATENT OFFICE AND ITS ESTABLISHMENT **73. Controller and other officers.—(1) The Controller General of Patents, Designs and Trade Marks** appointed under sub-section (1) of [4][section 3 of the Trade Marks Act, 1999 (47 of 1999)], shall be the Controller of Patents for the purposes of this Act. (2) For the purposes of this Act, the Central Government may appoint as many examiners and other officers and with such designations as it thinks fit. (3) Subject to the provisions of this Act, the officers appointed under sub-section (2) shall discharge under the superintendence and directions of the Controller such functions of the Controller under this Act as he may, from time to time by general or special order in writing, authorise them to discharge. 1. Subs. by Act 33 of 2021, s. 13, for “Appellate Board” (w.e.f. 20-5-2003). 2. Subs. by s. 13, ibid., for “Board” (w.e.f. 4-4-2021). 3. Ins. by Act 38 of 2002, s. 34 (w.e.f. 20-5-2003). 4. Subs. by s. 35, ibid., for certain words (w.e.f. 20-5-2003). ----- (4) Without prejudice to the generality of the provisions of sub-section (3), the Controller may, by order in writing and for reasons to be recorded therein withdraw any matter pending before an officer appointed under sub-section (2) and deal with such matter himself either de novo or from the stage it was so withdrawn or transfer the same to another officer appointed under sub-section (2) who may, subject to special directions in the order of transfer, proceed with the matter either de novo or from the stage it was so transferred. **74. Patent office and its branches.—(1) For the purposes of this Act, there shall be an office which** shall be known as the patent office. 1[(2) The Central Government may, by notification in the Official Gazette, specify the name of the Patent Office.] (3) The head office of the patent office shall be at such place as the Central Government may specify, and for the purpose of facilitating, the registration of patents there may be established, at such other places as the Central Government may think fit, branch offices of the patent office. (4) There shall be a seal of the patent office. **75. Restriction on employees of patent office as to right or interest in patents.—All officers and** employees of the patents office shall be incapable, during the period for which they hold their appointments, to acquire or take, directly or indirectly, except by inheritance or bequest, any right or interest in any patent issued by that office. **76. Officers and employees not to furnish information, etc.—An officer or employee in the patent** office shall not, except when required or authorised by this Act or under a direction in writing of the 2[Central Government 3***] or the Controller or by order of a court,— (a) furnish information on a matter which is being, or has been, or dealt with under this Act [4]***; (b) prepare or assist in the preparation of a document required or permitted by or under this Act [4]*** to be lodged in the patent office; or (c) conduct a search in the records of the patent office. CHAPTER XV POWERS OF CONTROLLER GENERALLY **77. Controller to have certain powers of a civil court.—(1) Subject to any rules made in this** behalf, the Controller in any proceedings before him under this Act 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 any document; (c) receiving evidence on affidavits; (d) issuing commissions for the examination of witnesses or documents; (e) awarding costs; (f) reviewing his own decision on application made within the prescribed time and in the prescribed manner; (g) setting aside an order passed ex parte on application made within the prescribed time and in the prescribed manner; (h) any other matter which may be prescribed. (2) Any order for costs awarded by the Controller in exercise of the powers conferred upon him under sub-section (1) shall be executable as a decree of a civil court. 1. Subs. by Act 15 of 2005, s. 50, for sub-section (2) (w.e.f. 1-1-2005). 2. Subs. by Act 38 of 2002, s. 36, for “Central Government” (w.e.f. 20-5-2003). 3. The words “or Appellate Board” omitted by Act 33 of 2021, s. 13 (w.e.f. 4-4-2021). 4. The words and figures “or under the Indian Patents or Designs Act, 1911 (2 of 1911)” omitted by s. 36, ibid. (w.e.f. 20-5-2003). ----- **78. Powers of Controller to correct clerical errors, etc.—(1) Without prejudice to the provisions** contained in sections 57 and 59 as regards amendment of applications for patents or complete specifications [1][or other documents relating thereto] and subject to the provisions of section 44, the Controller may, in accordance with the provisions of this section, correct any clerical error in any patent or in any specification or other document filed in pursuance of such application or in any application for a patent or any clerical error in any matter which is entered in the register. (2) A correction may be made in pursuance of this section either upon a request in writing made by any person interested and accompanied by the prescribed fee, or without such a request. (3) Where the Controller proposes to make any such correction as aforesaid otherwise than in pursuance of a request made under this section, he shall give notice of the proposal to the patentee or the applicant for the patent, as the case may be, and to any other person who appears to him to be concerned, and shall give them an opportunity to be heard before making the correction. (4) Where a request is made under this section for the correction of any error in a patent or application for a patent or any document filed in pursuance of such an application, and it appears to the Controller that the correction would materially alter the meaning or scope of the document to which the request relates and ought not to be made without notice to persons affected thereby, he shall require notice of the nature of the proposed correction to be [2][published] in the prescribed manner. (5) Within the prescribed time after any [3][such publication] as aforesaid any person interested may give notice to the Controller of opposition to the request, and, where such notice of opposition is given, the Controller shall give notice thereof to the person by whom the request was made, and shall give to him and to the opponent an opportunity to be heard before he decides the case. **79. Evidence how to be given and powers of Controller in respect thereof.—Subject to any rules** made in this behalf, in any proceeding under this Act before the Controller, evidence shall be given by affidavit in the absence of directions by the Controller to the contrary, but in any case in which the Controller thinks it right so to do, he may take oral evidence in lieu of, or in addition to, evidence by affidavit, or may allow any party to be cross-examined on the contents of his affidavit. **80. Exercise of discretionary powers by Controller.—Without prejudice to any provision contained** in this Act requiring the Controller to hear any party to the proceedings thereunder or to give any such party an opportunity to be heard, the Controller shall give to any applicant for a patent, or for amendment of a specification (if within the prescribed time the applicant so requires) an opportunity to be heard before exercising adversely to the applicant any discretion vested in the Controller by or under this Act: 4[Provided that the party desiring a hearing makes the request for such hearing to the Controller at least ten days in advance of the expiry of the time-limit specified in respect of the proceeding.] **81. Disposal by Controller of applications for extension of time.—Where under the provisions of** this Act or the rules made thereunder the Controller may extend the time for doing any act, nothing in this Act shall be deemed to require him to give notice to or hear the party interested in opposing the extension, nor shall any appeal lie from any order of the Controller granting such extension. 5[CHAPTER XVI WORKING OF PATENTS, COMPULSORY LICENCES AND REVOCATION **82. Definition of “patented articles” and “patentee”.—In this Chapter, unless the context otherwise** requires,— (a) “patented article” includes any article made by a patented process; and (b) “patentee” includes an exclusive licensee. 1. Ins. by s. 37, ibid. (w.e.f. 20-5-2003). 2. Subs. by Act 15 of 2005, s. 51, for “advertised” (w.e.f. 1-1-2005). 3. Subs. by s. 51, ibid., for “such advertisement” (w.e.f. 1-1-2005). 4. Ins. by Act 38 of 2002, s. 38 (w.e.f. 20-5-2003). 5. Subs. by s. 39, ibid., for Chapter XVI (sections 82 to 98) (w.e.f. 20-5-2003). ----- **83. General principles applicable to working of patented inventions.—Without prejudice to the** other provisions contained in this Act, in exercising the powers conferred by this Chapter, regard shall be had to the following general considerations, namely:— (a) that patents are granted to encourage inventions and to secure that the inventions are worked in India on a commercial scale and to the fullest extent that is reasonably practicable without undue delay; (b) that they are not granted merely to enable patentees to enjoy a monopoly for the importation of the patented article; (c) that the protection and enforcement of patent rights contribute to the promotion of technological innovation and to the transfer and dissemination of technology, to the mutual advantage of producers and users of technological knowledge and in a manner conducive to social and economic welfare, and to a balance of rights and obligations; (d) that patents granted do not impede protection of public health and nutrition and should act as instrument to promote public interest specially in sectors of vital importance for socio-economic and technological development of India; (e) that patents granted do not in any way prohibit Central Government in taking measures to protect public health; (f) that the patent right is not abused by the patentee or person deriving title or interest on patent from the patentee, and the patentee or a person deriving title or interest on patent from the patentee does not resort to practices which unreasonably restrain trade or adversely affect the international transfer of technology; and (g) that patents are granted to make the benefit of the patented invention available at reasonably affordable prices to the public. **84. Compulsory licences.—(1) At any time after the expiration of three years from the date** of the [1][grant] of patent, any person interested may make an application to the Controller for grant of compulsory licence on patent on any of the following grounds, namely:— (a) that the reasonable requirements of the public with respect to the patented invention have not been satisfied, or (b) that the patented invention is not available to the public at a reasonably affordable price, or (c) that the patented invention is not worked in the territory of India. (2) An application under this section may be made by any person notwithstanding that he is already the holder of a licence under the patent and no person shall be estopped from alleging that the reasonable requirements of the public with respect to the patented invention are not satisfied or that the patented invention is not worked in the territory of India or that the patented invention is not available to the public at a reasonably affordable price by reason of any admission made by him, whether in such a licence or otherwise or by reason of his having accepted such a licence. (3) Every application under sub-section (1) shall contain a statement setting out the nature of the applicant’s interest together with such particulars as may be prescribed and the facts upon which the application is based. (4) The Controller, if satisfied that the reasonable requirements of the public with respect to the patented invention have not been satisfied or that the patented invention is not worked in the territory of India or that the patented invention is not available to the public at a reasonably affordable price, may grant a licence upon such terms as he may deem fit. (5) Where the Controller directs the patentee to grant a licence he may, as incidental thereto, exercise the powers set out in section 88. 1. Subs. by Act 15 of 2005, s. 52, for “sealing” (w.e.f. 1-1-2005). ----- (6) In considering the application filed under this section, the Controller shall take into account,— (i) the nature of the invention, the time which has elapsed since the sealing of the patent and the measures already taken by the patentee or any licensee to make full use of the invention; (ii) the ability of the applicant to work the invention to the public advantage; (iii) the capacity of the applicant to undertake the risk in providing capital and working the invention, if the application were granted; (iv) as to whether the applicant has made efforts to obtain a licence from the patentee on reasonable terms and conditions and such efforts have not been successful within a reasonable period as the Controller may deem fit: Provided that this clause shall not be applicable in case of national emergency or other circumstances of extreme urgency or in case of public non-commercial use or on establishment of a ground of anti-competitive practices adopted by the patentee, but shall not be required to take into account matters subsequent to the making of the application. 1[Explanation.—For the purposes of clause (iv), “reasonable period” shall be construed as a period not ordinarily exceeding a period of six months.] (7) For the purposes of this Chapter, the reasonable requirements of the public shall be deemed not to have been satisfied— (a) if, by reason of the refusal of the patentee to grant a licence or licences on reasonable terms,— (i) an existing trade or industry or the development thereof or the establishment of any new trade or industry in India or the trade or industry of any person or class of persons trading or manufacturing in India is prejudiced; or (ii) the demand for the patented article has not been met to an adequate extent or on reasonable terms; or (iii) a market for export of the patented article manufactured in India is not being supplied or developed; or (iv) the establishment or development of commercial activities in India is prejudiced; or (b) if, by reason of conditions imposed by the patentee upon the grant of licences under the patent or upon the purchase, hire or use of the patented article or process, the manufacture, use or sale of materials not protected by the patent, or the establishment or development of any trade or industry in India, is prejudiced; or (c) if the patentee imposes a condition upon the grant of licences under the patent to provide exclusive grant back, prevention to challenges to the validity of patent or coercive package licensing, or (d) if the patented invention is not being worked in the territory of India on a commercial scale to an adequate extent or is not being so worked to the fullest extent that is reasonably practicable, or (e) if the working of the patented invention in the territory of India on a commercial scale is being prevented or hindered by the importation from abroad of the patented article by— (i) the patentee or persons claiming under him; or (ii) persons directly or indirectly purchasing from him; or (iii) other persons against whom the patentee is not taking or has not taken proceedings for infringement. 1. The Explanation ins. by Act 15 of 2005, s. 52 (w.e.f. 1-1-2005). ----- **85. Revocation of patents by the Controller for non-working.—(1) Where, in respect of a patent, a** compulsory licence has been granted, the Central Government or any person interested may, after the expiration of two years from the date of the order granting the first compulsory licence, apply to the Controller for an order revoking the patent on the ground that the patented invention has not been worked in the territory of India or that reasonable requirements of the public with respect to the patented invention has not been satisfied or that the patented invention is not available to the public at a reasonably affordable price. (2) Every application under sub-section (1) shall contain such particulars as may be prescribed, the facts upon which the application is based, and, in the case of an application other than by the Central Government, shall also set out the nature of the applicant’s interest. (3) The Controller, if satisfied that the reasonable requirements of the public with respect to the patented invention have not been satisfied or that patented invention have not been worked in the territory of India or that the patented invention is not available to the public at a reasonably affordable price, may make an order revoking the patent. (4) Every application under sub-section (1) shall ordinarily be decided within one year of its being presented to the Controller. **86.** **Power of Controller to adjourn applications for compulsory licences, etc., in certain** **cases.—(1) Where an application under section 84 or section 85, as the case may be, is made on the** grounds that the patented invention has not been worked in the territory of India or on the ground mentioned in clause (d) of sub-section (7) of section 84 and the Controller is satisfied that the time which has elapsed since the sealing of the patent has for any reason been insufficient to enable the invention to be worked on a commercial scale to an adequate extent or to enable the invention to be so worked to the fullest extent that is reasonably practicable, he may, by order, adjourn the further hearing of the application for such period not exceeding twelve months in the aggregate as appears to him to be sufficient for the invention to be so worked: Provided that in any case where the patentee establishes that the reason why a patented invention could not be worked as aforesaid before the date of the application was due to any State or Central Act or any rule or regulation made thereunder or any order of the Government imposed otherwise than by way of a condition for the working of the invention in the territory of India or for the disposal of the patented articles or of the articles made by the process or by the use of the patented plant, machinery, or apparatus, then, the period of adjournment ordered under this sub-section shall be reckoned from the date on which the period during which the working of the invention was prevented by such Act, rule or regulation or order of Government as computed from the date of the application, expires. (2) No adjournment under sub-section (1) shall be ordered unless the Controller is satisfied that the patentee has taken with promptitude adequate or reasonable steps to start the working of the invention in the territory of India on a commercial scale and to an adequate extent. **87. Procedure for dealing with applications under sections 84 and 85.—(1) Where the Controller** is satisfied, upon consideration of an application under section 84, or section 85, that a _prima facie case_ has been made out for the making of an order, he shall direct the applicant to serve copies of the application upon the patentee and any other person appearing from the register to be interested in the patent in respect of which the application is made, and [1][shall publish the application in the official journal]. (2) The patentee or any other person desiring to oppose the application may within such time as may be prescribed or within such further time as the Controller may on application (made either before or after the expiration of the prescribed time) allow, give to the Controller notice of opposition. (3) Any such notice of opposition shall contain a statement setting out the grounds on which the application is opposed. 1. Subs. by Act 15 of 2005, s. 53, for “shall advertise the application in the Official Gazette” (w.e.f. 1-1-2005). ----- (4) Where any such notice of opposition is duly given, the Controller shall notify the applicant, and shall give to the applicant and the opponent an opportunity to be heard before deciding the case. **88. Powers of Controller in granting compulsory licences.—(1) Where the Controller is satisfied** on an application made under section 84 that the manufacture, use or sale of materials not protected by the patent is prejudiced by reason of conditions imposed by the patentee upon the grant of licences under the patent, or upon the purchase, hire or use of the patented article or process, he may, subject to the provisions of that section, order the grant of licences under the patent to such customers of the applicant as he thinks fit as well as to the applicant. (2) Where an application under section 84 is made by a person being the holder of a licence under the patent, the Controller may, if he makes an order for the grant of a licence to the applicant, order the existing licence to be cancelled, or may, if he thinks fit, instead of making an order for the grant of a licence to the applicant, order the existing licence to be amended. (3) Where two or more patents are held by the same patentee and an applicant for a compulsory licence establishes that the reasonable requirements of the public have not been satisfied with respect to some only of the said patents, then, if the Controller is satisfied that the applicant cannot efficiently or satisfactorily work the licence granted to him under those patents without infringing the other patents held by the patentee and if those patents involve important technical advancement or considerable economic significance in relation to the other patents, he may, by order, direct the grant of a licence in respect of the other patents also to enable the licensee to work the patent or patents in regard to which a licence is granted under section 84. (4) Where the terms and conditions of a licence have been settled by the Controller, the licensee may, at any time after he has worked the invention on a commercial scale for a period of not less than twelve months, make an application to the Controller for the revision of the terms and conditions on the ground that the terms and conditions settled have proved to be more onerous than originally expected and that in consequence thereof the licensee is unable to work the invention except at a loss: Provided that no such application shall be entertained a second time. **89. General purposes for granting compulsory licences.—The powers of the Controller upon an** application made under section 84 shall be exercised with a view to securing the following general purposes, that is to say,— (a) that patented inventions are worked on a commercial scale in the territory of India without undue delay and to the fullest extent that is reasonably practicable; (b) that the interests of any person for the time being working or developing an invention in the territory of India under the protection of a patent are not unfairly prejudiced. **90. Terms and conditions of compulsory licences.—(1) In settling the terms and conditions of a** licence under section 84, the Controller shall endeavour to secure— (i) that the royalty and other remuneration, if any, reserved to the patentee or other person beneficially entitled to the patent, is reasonable, having regard to the nature of the invention, the expenditure incurred by the patentee in making the invention or in developing it and obtaining a patent and keeping it in force and other relevant factors; (ii) that the patented invention is worked to the fullest extent by the person to whom the licence is granted and with reasonable profit to him; (iii) that the patented articles are made available to the public at reasonably affordable prices; (iv) that the licence granted is a non-exclusive licence; (v) that the right of the licensee is non-assignable; (vi) that the licence is for the balance term of the patent unless a shorter term is consistent with public interest; ----- 1[(vii) that the licence is granted with a predominant purpose of supply in the Indian market and that the licensee may also export the patented product, if need be in accordance with the provisions of sub-clause (iii) of clause (a) of sub-section (7) of section 84; (viii) that in the case of semi-conductor technology, the licence granted is to work the invention for public non-commercial use; (ix) that in case the licence is granted to remedy a practice determined after judicial or administrative process to be anti-competitive, the licensee shall be permitted to export the patented product, if need be.] (2) No licence granted by the Controller shall authorise the licensee to import the patented article or an article or substance made by a patented process from abroad where such importation would, but for such authorisation, constitute an infringement of the rights of the patentee. (3) Notwithstanding anything contained in sub-section (2), the Central Government may, if in its opinion it is necessary so to do, in the public interest, direct the Controller at any time to authorise any licensee in respect of a patent to import the patented article or an article or substance made by a patented process from abroad (subject to such conditions as it considers necessary to impose relating among other matters to the royalty and other remuneration, if any, payable to the patentee, the quantum of import, the sale price of the imported article and the period of importation), and thereupon the Controller shall give effect to the directions. **91. Licensing of related patents.—(1) Notwithstanding anything contained in the other provisions of** this Chapter, at any time after the sealing of a patent, any person who has the right to work any other patented invention either as patentee or as licensee thereof, exclusive or otherwise, may apply to the Controller for the grant of a licence of the first-mentioned patent on the ground that he is prevented or hindered without such licence from working the other invention efficiently or to the best advantage possible. (2) No order under sub-section (1) shall be made unless the Controller is satisfied— (i) that the applicant is able and willing to grant, or procure the grant to the patentee and his licensees if they so desire, of a licence in respect of the other invention on reasonable terms; and (ii) that the other invention has made a substantial contribution to the establishment or development of commercial or industrial activities in the territory of India. (3) When the Controller is satisfied that the conditions mentioned in sub-section (1) have been established by the applicant, he may make an order on such terms as he thinks fit granting a licence under the first-mentioned patent and a similar order under the other patent if so requested by the proprietor of the first-mentioned patent or his licensee: Provided that the licence granted by the Controller shall be non-assignable except with the assignment of the respective patents. (4) The provisions of sections 87, 88, 89 and 90 shall apply to licences granted under this section as they apply to licences granted under section 84. **92. Special provision for compulsory licences on notifications by Central Government.—(1) If** the Central Government is satisfied, in respect of any patent in force in circumstances of national emergency or in circumstances of extreme urgency or in case of public non-commercial use, that it is necessary that compulsory licences should be granted at any time after the sealing thereof to work the invention, it may make a declaration to that effect, by notification in the Official Gazette, and thereupon the following provisions shall have effect, that is to say,— (i) the Controller shall, on application made at any time after the notification by any person interested, grant to the applicant a licence under the patent on such terms and conditions as he thinks fit; 1. Subs. by Act 15 of 2005, s. 54, for clause (vii) (w.e.f. 1-1-2005). ----- (ii) in settling the terms and conditions of a licence granted under this section, the Controller shall endeavour to secure that the articles manufactured under the patent shall be available to the public at the lowest prices consistent with the patentees deriving a reasonable advantage from their patent rights. (2) The provisions of sections 83, 87, 88, 89 and 90 shall apply in relation to the grant of licences under this section as they apply in relation to the grant of licences under section 84. (3) Notwithstanding anything contained in sub-section (2), where the Controller is satisfied on consideration of the application referred to in clause (i) of sub-section (1) that it is necessary in— (i) a circumstance of national emergency; or (ii) a circumstance of extreme urgency; or (iii) a case of public non-commercial use, which may arise or is required, as the case may be, including public health crises, relating to Acquired Immuno Deficiency Syndrome, human immunodeficiency virus, tuberculosis, malaria or other epidemics, he shall not apply any procedure specified in section 87 in relation to that application for grant of licence under this section: Provided that the Controller shall, as soon as may be practicable, inform the patentee of the patent relating to the application for such non-application of section 87. 1[92A. Compulsory licence for export of patented pharmaceutical products in certain **exceptional circumstances.—(1) Compulsory licence shall be available for manufacture and export of** patented pharmaceutical products to any country having insufficient or no manufacturing capacity in the pharmaceutical sector for the concerned product to address public health problems, provided compulsory licence has been granted by such country or such country has, by notification or otherwise, allowed importation of the patented pharmaceutical products from India. (2) The Controller shall, on receipt of an application in the prescribed manner, grant a compulsory licence solely for manufacture and export of the concerned pharmaceutical product to such country under such terms and conditions as may be specified and published by him. (3) The provisions of sub-sections (1) and (2) shall be without prejudice to the extent to which pharmaceutical products produced under a compulsory licence can be exported under any other provision of this Act. _Explanation.—For the purposes of this section, “pharmaceutical products” means any patented_ product, or product manufactured through a patented process, of the pharmaceutical sector needed to address public health problems and shall be inclusive of ingredients necessary for their manufacture and diagnostic kits required for their use.] **93. Order for licence to operate as a deed between parties concerned.—Any order for the grant of** a licence under this Chapter shall operate as if it were a deed granting a licence executed by the patentee and all other necessary parties embodying the terms and conditions, if any, settled by the Controller. **94. Termination of compulsory licence.—(1) On an application made by the patentee or any other** person deriving title or interest in the patent, a compulsory licence granted under section 84 may be terminated by the Controller, if and when the circumstances that gave rise to the grant thereof no longer exist and such circumstances are unlikely to recur: Provided that the holder of the compulsory licence shall have the right to object to such termination. (2) While considering an application under sub-section (1), the Controller shall take into account that the interest of the person who had previously been granted the licence is not unduly prejudiced.]. 1. Ins. by Act 15 of 2005, s. 55 (w.e.f. 1-1-2005). ----- CHAPTER XVII USE OF INVENTIONS FOR PURPOSES OF GOVERNMENT AND ACQUISITION OF INVENTIONS BY CENTRAL GOVERNMENT **99. Meaning of use of invention for purposes of Government.—(1) For the purposes of this** Chapter, an invention is said to be used for the purposes of Government if it is made, used, exercised or vended for the purposes of the Central Government, a State Government or a Government undertaking. 1* - - - (3) Nothing contained in this Chapter shall apply in respect of any such importation making or using of any machine, apparatus or other article or of any such using of any process or of any such importation, using or distribution of any medicine or drug, as may be made by virtue of one or more of the conditions specified in section 47. **100.** **Power** **of** **Central** **Government** **to** **use** **inventions** **for** **purposes** **of** **Government.—(1) Notwithstanding anything contained in this Act, at any time after an application for a** patent has been filed at the patent office or a patent has been granted, the Central Government and any person authorised in writing by it, may use the invention for the purposes of Government in accordance with the provisions of this Chapter. (2) Where an invention has, before the priority date of the relevant claim of the complete specification, been duly recorded in a document, or tested or tried, by or on behalf of the Government or a Government undertaking, otherwise than in consequence of the communication of the invention directly or indirectly by the patentee or by a person from whom he derives title, any use of the invention by the Central Government or any person authorised in writing by it for the purposes of Government may be made free of any royalty or other remuneration to the patentee. (3) If and so far as the invention has not been so recorded or tried or tested as aforesaid, any use of the invention made by the Central Government or any person authorised by it under sub-section (1), at any time after [2][grant of the patent] or in consequence of any such communication as aforesaid, shall be made upon terms as may be agreed upon either before or after the use, between the Central Government or any person authorised under sub-section (1) and the patentee, or, as may in default of agreement be determined by the High Court on a reference under section 103: 3[Provided that in case of any such use of any patent, the patentee shall be paid not more than adequate remuneration in the circumstances of each case, taking into account the economic value of the use of the patent.] (4) The authorisation by the Central Government in respect of an invention may be given under this section, either before or after the patent is granted and either before or after the acts in respect of which such authorisation is given or done, and may be given to any person, whether or not he is authorised directly or indirectly by the applicant or the patentee to make, use, exercise or vend the invention or import the machine, apparatus or other article or medicine or drug covered by such patent. (5) Where an invention has been used by or with the authority of the Central Government for the purposes of Government under this section, then, [4][except in case of national emergency or other circumstances of extreme urgency or for non-commercial use], the Government shall notify the patentee as soon as practicable of the fact and furnish him with such information as to the extent of the use of the invention as he may, from time to time, reasonable require; and where the invention has been used for the purposes of a Government undertaking, the Central Government may call for such information as may be necessary for this purpose from such undertaking. 1. Sub-section (2) omitted by Act 38 of 2002, s. 40 (w.e.f. 20-5-2003). 2. Subs. by Act 15 of 2005, s. 56, for “the acceptance of the complete specification in respect of the patent” (w.e.f. 1-1-2005). 3. Subs. by Act 38 of 2002, s. 41, for the proviso (w.e.f. 20-5-2003). 4. Subs. by s. 41, ibid., for certain words (w.e.f. 20-5-2003). ----- (6) The right to make, use, exercise and vend an invention for the purposes of Government under sub-section (1) shall include the [1][right to sell, on non-commercial basis, the goods] which have been made in exercise of that right, and a purchaser of goods so sold, and a person claiming through him, shall have the power to deal with the goods as if the Central Government or the person authorised under sub-section (1) were the patentee of the invention. (7) Where in respect of a patent which has been the subject of an authorisation under this section, there is an exclusive licensee as is referred to in sub-section (3) of section 101, or where such patent has been assigned to the patentee in consideration of royalties or other benefits determined by reference to the use of the invention (including payments by way of minimum royalty), the notice directed to be given under sub-section (5) shall also be given to such exclusive licensee or assignor as the case may be, and the reference to the patentee in sub-section (3) shall be deemed to include a reference to such assignor or exclusive licensee. **101. Rights of third parties in respect of use of invention for purposes of Government.—(1) In** relation to any use of a patented invention, or an invention in respect of which an application for a patent is pending, made for the purposes of Government— (a) by the Central Government or any person authorised by the Central Government under section 100; or (b) by the patentee or applicant for the patent to the order made by the Central Government, the provisions of any licence, assignment or agreement granted or made, [2]*** between the patentee or applicant for the patent (or any person who derives title from him or from whom he derives title) and any person other than the Central Government shall be of no effect so far as those provisions— (i) restrict or regulate the use for the purposes of Government of the invention, or of any model, document or information relating thereto, or (ii) provide for the making of payments in respect of any use of the invention or of the model, document or information relating thereto for the purposes of Government [3]***, and the reproduction or publication of any model or document in connection with the said use for the purposes of Government shall not be deemed to be an infringement of any copyright subsisting in the model or document. (2) Where the patent, or the right to apply for or obtain the patent, has been assigned to the patentee in consideration of royalties or other benefits determined by reference to the use of the invention [2]***, then, in relation to any use of the invention made for the purposes of Government by the patentee to the order of the Central Government, sub-section (3) of section 100 shall have effect as if that use were made by the virtue of an authority given under that section; and any rise of the invention for the purposes of Government by virtue of sub-section (3) of that section shall have effect as if the reference to the patentee included a reference to the assignor of the patent, and any sum payable by virtue of that sub-section shall be divided between the patentee and the assignor in such proportion as may be agreed upon between them or as may in default of agreement be determined by the High Court on a reference under section 103. (3) Where by virtue of sub-section (3) of section 100, payments are required to be made by the Central Government or persons authorised under sub-section (2) of that section in respect of the use of an invention for the purposes of Government and where in respect of such patent there is an exclusive licensee authorised under his licence to use the invention for the purposes of Government, such sum shall be shared by the patentee and such licensee in such proportions, if any, as may be agreed upon between them or as may in default of agreement be determined by the High Court on a reference under section 103 to be just, having regard to any expenditure incurred by the licensee— 1. Subs. by s. 41, ibid., for “right to sell the goods” (w.e.f. 20-5-2003). 2. The words “, whether before or after the commencement of this Act,” omitted by Act 38 of 2002, s. 42 (w.e.f. 20-5-2003). 3. The brackets and words “(including payments by way of minimum royalty)” omitted by s. 42, ibid. (w.e.f. 20-5-2003). ----- (a) in developing the said invention; or (b) in making payments to the patentees other than royalties or other benefits determined by reference to the use of the invention [1]*** in consideration of the licence. **102. Acquisition of inventions and patents by the Central Government.—(1) The Central** Government may, if satisfied that it is necessary that an invention which is the subject of an application for a patent or a patent should be acquired from the applicant or the patentee for a public purpose, publish a notification to that effect in the Official Gazette, and thereupon the invention or patent and all rights in respect of the invention or patent shall, by force of this section, stand transferred to and be vested in the Central Government. (2) Notice of the acquisition shall be given to the applicant, and, where a patent has been granted, to the patentee and other persons, if any, appearing in the register as having an interest in the patent. (3) The Central Government shall pay to the applicant, or, as the case may be, the patentee and other persons appearing on the register as having an interest in the patent such compensation as may be agreed upon between the Central Government and the applicant, or the patentee and other persons; or, as may, in default of agreement, be determined by the High Court on a reference under section 103 to be just having regard to the expenditure incurred in connection with the invention and, in the case of a patent, the term thereof, the period during which and the manner in which it has already been worked (including the profits made during such period by the patentee or by his licensee whether exclusive or otherwise) and other relevant factors. **103. Reference to High Court of disputes as to use for purposes of Government.—(1) Any** dispute as to the exercise by the Central Government or a person authorised by it of the powers conferred by section 100, or as to terms for the use of an invention for the purposes of Government thereunder or as to the right of any person to receive any part of a payment made in pursuance of sub-section (3) of that section or as to the amount of compensation payable for the acquisition of an invention or a patent under section 102, may be referred to the High Court by either party to the dispute in such manner as may be prescribed by the rules of the High Court. (2) In any proceeding under this section to which the Central Government is a party, the Central Government may,— (a) if the patentee is a party to the proceedings, petition by way of counter-claim for revocation of the patent on any ground upon which a patent may be revoked under section 64; and (b) whether a patentee is or is not a party to the proceedings, put in issue the validity of the patent without petitioning for its revocation. (3) If in such proceedings as aforesaid any question arises whether an invention has been recorded, tested or tried as is mentioned in section 100, and the disclosure of any document regarding the invention, or of any evidence of the test or trial thereof, would, in the opinion of the Central Government, be prejudicial to the public interest, the disclosure may be made confidentially to the advocate of the other party or to an independent expert mutually agreed upon. (4) In determining under this section any dispute between the Central Government and any person as to terms for the use of an invention for the purposes of Government, the High Court shall have regard to any benefit or compensation which that person or any person from whom he derive title, may have received, or may be entitled to receive, directly or indirectly in respect of the use of the invention in question for the purposes of Government. (5) In any proceedings under this section, the High Court may at any time order the whole proceedings or any question or issue of fact arising therein to be referred to an official referee, commissioner or an arbitrator on such terms as the High Court may direct, and references to the High Court in the foregoing provisions of this section shall be construed accordingly. (6) Where the invention claimed in a patent was made by a person who at the time it was made was in the service of the Central Government or of a State Government or was an employee of a Government 1. The words “including payments by way of minimum royalty” omitted by Act 38 of 2002, s. 42 (w.e.f. 20-5-2003). ----- undertaking and the subject-matter of the invention is certified by the relevant Government or the principal officer of the Government undertaking to be connected with the work done in the course of the normal duties of the Government servant or employee of the Government undertaking, then, notwithstanding anything contained in this section, any dispute of the nature referred to in sub-section (1) relating to the invention shall be disposed of by the Central Government conformably to the provisions of this section so far as may be applicable, but before doing so the Central Government shall give an opportunity to the patentee and such other parties as it considers have an interest in the matter to be heard. CHAPTER XVIII SUITS CONCERNING INFRINGEMENT OF PATENTS **104. Jurisdiction.—No suit for a declaration under section 105 or for any relief under section 106 or** for infringement of a patent shall be instituted in any court inferior to a district court having jurisdiction to try the suit: Provided that where a counter-claim for revocation of the patent is made by the defendant, the suit, along with the counter-claim, shall be transferred to the High Court for decision. 1[104A. Burden of proof in case of suits concerning infringement.—(1) In any suit for infringement of a patent, where the subject matter of patent is a process for obtaining a product, the court may direct the defendant to prove that the process used by him to obtain the product, identical to the product of the patented process, is different from the patented process if,— (a) the subject matter of the patent is a process for obtaining a new product; or (b) there is a substantial likelihood that the identical product is made by the process, and the patentee or a person deriving title or interest in the patent from him, has been unable through reasonable efforts to determine the process actually used: Provided that the patentee or a person deriving title or interest in the patent from him, first proves that the product is identical to the product directly obtained by the patented process. (2) In considering whether a party has discharged the burden imposed upon him by sub-section (1), the court shall not require him to disclose any manufacturing or commercial secrets, if it appears to the court that it would be unreasonable to do so.] **105. Power of court to make declaration as to non-infringement.—(1) Notwithstanding anything** contained in section 34 of the Specific Relief Act, 1963 (47 of 1963), any person may institute a suit for a declaration that the use by him of any process, or the making, use or sale of any article by him does not, or would not, constitute an infringement of a claim of a patent against the patentee or the holder of an exclusive licence under the patent, notwithstanding that no assertion to the contrary has been made by the patentee or the licensee, if it is shown— (a) that the plaintiff has applied in writing to the patentee or exclusive licensee for a written acknowledgment to the effect of the declaration claimed and has furnished him with full particulars in writing of the process or article in question; and (b) that the patentee or licensee has refused or neglected to give such an acknowledgment. (2) The costs of all parties in a suit for a declaration brought by virtue of this section shall, unless for special reasons the court thinks fit to order otherwise, be paid by the plaintiff. (3) The validity of a claim of the specification of a patent shall not be called in question in a suit for a declaration brought by virtue of this section, and accordingly the making or refusal of such a declaration in the case of a patent shall not be deemed to imply that the patent is valid or invalid. (4) A suit for a declaration may be brought by virtue of this section at any time [2][after the publication of grant of a patent], and references in this section to the patentee shall be construed accordingly. 1. Ins. by Act 38 of 2002, s. 43 (w.e.f. 20-5-2003). 2. Subs. by Act 15 of 2005, s. 57, for certain words (w.e.f. 1-1-2005). ----- **106. Power of court to grant relief in cases of groundless threats of infringement proceedings.—** (1) Where any person (whether entitled to or interested in a patent or an application for a patent or not) threatens any other person by circulars or advertisements or by communications, oral or in writing addressed to that or any other person, with proceedings for infringement of a patent, any person aggrieved thereby may bring a suit against him praying for the following reliefs, that is to say— (a) a declaration to the effect that the threats are unjustifiable; (b) an injunction against the continuance of the threats; and (c) such damages, if any, as he has sustained thereby. (2) Unless in such suit the defendant proves that the acts in respect of which the proceedings were threatened constitute or, if done, would constitute, an infringement of a patent or of rights arising from the publication of a complete specification in respect of a claim of the specification not shown by the plaintiff to be invalid, the court may grant to the plaintiff all or any of the reliefs prayed for. _Explanation.—A mere notification of the_ [1][existence] of a patent does not constitute a threat of proceeding within the meaning of this section. **107. Defences, etc., in suit for infringement.—(1) In any suit for infringement of a patent, every** ground on which it may be revoked under section 64 shall be available as a ground for defence. (2) In any suit for infringement of a patent by the making, using or importation of any machine, apparatus or other article or by the using of any process or by the importation, use or distribution of any medicine or drug, it shall be a ground for defence that such making, using, importation or distribution is in accordance with any one or more of the conditions specified in section 47. 2[107A. Certain acts not to be considered as infringement.—For the purposes of this Act,— (a) any act of making, constructing, [3][using, selling or importing] a patented invention solely for uses reasonably related to the development and submission of information required under any law for the time being in force, in India, or in a country other than India, that regulates the manufacture, construction,[ 4][use, sale or import] of any product; (b) importation of patented products by any person from a person [5][who is duly authorised under the law to produce and sell or distribute the product], shall not be considered as an infringement of patent rights.] **108. Reliefs in suits for infringement.—[6][(1)] The reliefs which a court may grant in any suit for** infringement include an injunction (subject to such terms, if any, as the court thinks fit) and, at the option of the plaintiff, either damages or an account of profits. 7[(2) The court may also order that the goods which are found to be infringing and materials and implement, the predominant use of which is in the creation of infringing goods shall be seized, forfeited or destroyed, as the court deems fit under the circumstances of the case without payment of any compensation.] **109. Right of exclusive licensee to take proceedings against infringement.—(1) The holder of an** exclusive licence shall have the like right as the patentee to institute a suit in respect of any infringement of the patent committed after the date of the licence, and in awarding damages or an account of profits or granting any other relief in any such suit the court shall take into consideration any loss suffered or likely to be suffered by the exclusive licensee as such or, as the case may be, the profits earned by means of the infringement so far as it constitutes an infringement of the rights of the exclusive licensee as such. 1. Subs. by Act 56 of 1974, s. 3 and the Second Schedule, for “existing” (w.e.f. 20-12-1974). 2. Ins. by Act 38 of 2002, s. 44 (w.e.f 20-5-2003). 3. Subs. by Act 15 of 2005, s. 58, for “using or selling” (w.e.f. 1-1-2005). 4. Subs. by s. 58, ibid., for “use or sale” (w.e.f. 1-1-2005). 5. Subs. by s. 58, ibid., for “who is duly authorised by the patentee to sell or distribute the product” (w.e.f. 1-1-2005). 6. Section 108 renumbered as sub-section (1) thereof by Act 38 of 2002, s. 45 (w.e.f. 20-5-2003). 7. Ins. by s. 45, ibid. (w.e.f. 20-5-2003). ----- (2) In any suit for infringement of a patent by the holder of an exclusive licence under sub-section (1), the patentee shall, unless he has joined as a plaintiff in the suit, be added as a defendant, but a patentee so added as defendant shall not be liable for any costs unless he enters an appearance and takes part in the proceedings. **110. Right of licensee under section 84 to take proceedings against infringement.—Any person to** whom a licence has been granted under section 84 shall be entitled to call upon the patentee to take proceedings to prevent any infringement of the patent, and, if the patentee refuses or neglects to do so within two months after being so called upon, the licensee may institute proceedings for the infringement in his own name as though he were the patentee, making the patentee a defendant; but a patentee so added as defendant shall not be liable for any costs unless he enters an appearance and takes part in the proceedings. **111. Restriction on power of court to grant damages or account of profits for** **infringement.—(1) In a suit for infringement of a patent, damages or an account of profits shall not be** granted against the defendant who proves that at the date of the infringement he was not aware and had no reasonable grounds for believing that the patent existed. _Explanation.—A person shall not be deemed to have been aware or to have had reasonable grounds_ for believing that a patent exists by reason only of the application to an article of the word “patent”, “patented” or any word or words expressing or implying that a patent has been obtained for the article, unless the number of the patent accompanies the word or words in question. (2) In any suit for infringement of a patent the court may, if it thinks fit, refuse to grant any damages or an account of profits in respect of any infringement committed after a failure to pay any renewal fee within the prescribed period and before any extension of that period. (3) Where an amendment of a specification by way of disclaimer, correction or explanation has been allowed under this Act after the publication of the specification, no damages or account of profits shall be granted in any proceedings in respect of the use of the invention before the date of the decision allowing the amendment, unless the court is satisfied that the specification as originally published was framed in good faith and with reasonable skill and knowledge. (4) Nothing in this section shall affect the power of the court to grant an injunction in any suit for infringement of a patent. **112. [Restriction on power of court to grant injunction in certain cases.]—Omitted by The Patents** _(Amendment) Act, 2002 (38 of 2002), s. 46 (w.e.f. 20-5-2003)._ **113. Certificate of validity of specification and costs of subsequent suits for infringement** **thereof.—[1][(1) If in any proceedings before** [2]*** a High Court for the revocation of a patent under section 64 and section 104, [3]***, the validity of any claim of a specification is contested and that claim is found by [2]*** the High Court to be valid, [2]*** the High Court may certify that the validity of that claim was contested in those proceedings and was upheld]. (2) Where any such certificate has been granted, then, if in any subsequent suit before a court for infringement of that claim of the patent or in any subsequent proceeding for revocation of the patent in so far as it relates to that claim, the patentee or other person relying on the validity of the claim obtains a final order or judgment in his favour, he shall be entitled to an order for the payment of his full costs, charges and expenses of an incidental to any such suit or proceeding properly incurred so far as they concern the claim in respect of which the certificate was granted, unless the court trying the suit or proceeding otherwise directs: Provided that the costs as specified in this sub-section shall not be ordered when the party disputing the validity of the claim satisfies the court that he was not aware of the grant of the certificate when he raised the dispute and withdrew forthwith such defence when he became aware of such a certificate. 1. Subs. by Act 15 of 2005, s. 59, for sub-section (1) (w.e.f. 2-4-2007). 2. The words “the Appellate Board or” omitted by Act 33 of 2021, s. 13 (w.e.f. 4-4-2021). 3. The words “as the case may be” omitted by s. 13, ibid. (w.e.f. 4-4-2021). ----- 1[(3) Nothing contained in this section shall be construed as authorising the courts 2*** hearing appeals from decrees or orders in suits for infringement or petitions for revocation, as the case may be, to pass orders for costs on the scale referred to therein]. **114.** **Relief for infringement of partially valid specification.—(1) If in proceedings for** infringement of a patent it is found that any claim of the specification, being a claim in respect of which infringement is alleged, is valid, but that any other claim is invalid, the court may grant relief in respect of any valid claim which is infringed: Provided that the court shall not grant relief except by way of injunction save in the circumstances mentioned in sub-section (2). (2) Where the plaintiff proves that the invalid claim was framed in good faith and with reasonable skill and knowledge, the court shall grant relief in respect of any valid claim which is infringed subject to the discretion of the court as to costs and as to the date from which damages or an account of profits should be reckoned, and in exercising such discretion the court may take into consideration the conduct of the parties in inserting such invalid claims in the specification or permitting them to remain there. **115. Scientific advisers.—(1) In any suit for infringement or in any proceeding before a court under** this Act, the court may at any time, and whether or not an application has been made by any party for that purpose, appoint an independent scientific adviser to assist the court or to inquire and report upon any such question of fact or of opinion (not involving a question of interpretation of law) as it may formulate for the purpose. (2) The remuneration of the scientific adviser shall be fixed by the court and shall include the costs of making a report and a proper daily fee for any day on which the scientific adviser may be required to attend before the court, and such remuneration shall be defrayed out of moneys provided by Parliament by law for the purpose. 3[CHAPTER XIX 4[APPEALS] **116.** [Appellate Board.] _Omitted by the Tribunals Reforms Act, 2021 (33_ _of 201),_ _s. 13_ (w.e.f. 4-4-2021). **117. [Staff of Appellate Board.] Omitted by s. 13, ibid. (w.e.f. 4-4-2021).** **117A. Appeals to** **[5][High Court].—(1) Save as otherwise expressly provided in sub-section (2), no** appeal shall lie from any decision, order or direction made or issued under this Act by the Central Government, or from any act or order of the Controller for the purpose of giving effect to any such decision, order or direction. (2) An appeal shall lie to the [3][High Court] from any decision, order or direction of the Controller of Central Government under section 15, section 16, section 17, section 18, section 19,[ 6][section 20, sub-section (4) of section 25, section 28], section 51, section 54, section 57, section 60, section 61, section 63, section 66, sub-section (3) of section 69, section 78, sub-sections (1) to (5) of section 84, section 85, section 88, section 91, section 92 and section 94. (3) Every appeal under this section shall be in the prescribed form and shall be verified in such manner as may be prescribed and shall be accompanied by a copy of the decision, order or direction appealed against and by such fees as may be prescribed. 1. Subs. by Act 15 of 2005, s. 59, for sub-section (3) (w.e.f. 2-4-2007). 2. The words “or the Appellate Board” omitted by Act 33 of 2021, s. 13 (w.e.f. 4-4-2021). 3. Subs. by Act 38 of 2002, s. 47, for Chapter XIX (w.e.f. 20-5-2003). 4. Subs. by Act 33 of 2021, s. 13, for heading “APPEALS TO THE APPELLATE BOARD” (w.e.f. 4-4-2021). 5. Subs. by s. 13, ibid., for “Appellate Board” (w.e.f. 4-4-2021). 6. Subs. by s. 61, ibid., for “section 20, section 25, section 27, section 28” (w.e.f. 2-4-2007). ----- (4) Every appeal shall be made within three months from the date of the decision, order or direction, as the case may be, of the Controller or the Central Government or within such further time as the [1][High Court] may, in accordance with the rules made by it, allow. **117B. [Procedure and powers of Appellate Board.] Omitted by the Tribunals Reforms Act, 2021 (33** _of 201), s. 13 (w.e.f. 4-4-2021)._ **117C. [Bar of jurisdiction of courts, etc.] Omitted by s. 13, ibid. (w.e.f. 4-4-2021).** **117D.** [Procedure for application for rectification, etc., before Appellate Board.] Omitted by the _Tribunals Reforms Act, 2021 (33 of 201), s. 13 (w.e.f. 4-4-2021)._ **117E. Appearance of Controller in legal proceedings.—(1) The Controller shall have the right to** appear and be heard— (a) in any legal proceedings before the [1][High Court] in which the relief sought includes alteration or rectification of the register or in which any question relating to the practice of the patent office is raised; (b) in any appeal to the [1][High Court] from an order of the Controller on an application for grant of a patent— (i) which is not opposed, and the application is either refused by the Controller or is accepted by him subject to any amendments, modifications, conditions or limitations, or (ii) which has been opposed and the Controller considers that his appearance is necessary in the public interest, and the Controller shall appear in any case if so directed by the [1][High Court]. (2) Unless the [1][High Court] otherwise directs, the Controller may, in lieu of appearing, submit a statement in writing signed by him, giving such particulars as he thinks proper of the proceedings before him relating to the matter in issue or of the grounds of any decision given by him or of the practice of the patent office in like cases, or of other matters relevant to the issues and within his knowledge as the Controller may deem it necessary, and such statement shall be evidence in the proceeding. **117F.** [Costs of Controller in proceedings before Appellate Board.] Omitted by the Tribunals Reforms Act, 2021 (33 of 201), s. 13 (w.e.f. 4-4-2021). **117G.** [Transfer of pending proceedings to Appellate Board.] Omitted by s. 13, _ibid. (w.e.f. 4-4-_ 2021). **117H. [Power of Appellate Board to make rules.]** Omitted by s. 13, ibid. (w.e.f. 4-4-2021). CHAPTER XX PENALTIES **118. Contravention of Secrecy provisions relating to certain inventions.—If any person fails to** comply with any direction given under section 35 [2][or makes or causes to be made an application for the grant of a patent in contravention of section 39], he shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both. **119. Falsification of entries in register, etc.—If any person makes, or causes to be made, a false** entry in any register kept under this Act, or a writing falsely purporting to be a copy of an entry in such a register, or produces or tenders, or causes to be produced or tendered, in evidence any such writing knowing the entry or writing to be false, he shall be punishable with imprisonment for a term which may extend to two years, or with fine or with both. 1. Subs. by Act 33 of 2021, s. 13, for “Appellate Board” (w.e.f. 4-4-2021). 2. Ins. by Act 38 of 2002, s. 48 (w.e.f. 20-5-2003). ----- **120. Unauthorised claim of patent rights.—If any person falsely represents that any article sold by** him is patented in India or is the subject of an application for a patent in India, [1][he shall be liable to penalty which may extend to ten lakh rupees, and in case of the continuing claim, a further penalty of one thousand rupees for every day after the first during which such claim continues] _Explanation l.—For the purposes of this section, a person shall be deemed to represent—_ (a) that an article is patented in India if there is stamped, engraved or impressed on, or otherwise applied to, the article the word “patent” or “patented” or some other word expressing or implying that a patent for the article has been obtained in India; (b) that an article is the subject of an application for a patent in India, if there are stamped, engraved or impressed on, or otherwise applied to, the article the words “patent applied for”, “patent pending”, or some other words implying that an application for a patent for the article has been made in India. _Explanation 2.—The use of words “patent”, “patented”, “patent applied for”, “patent pending” or_ other words expressing or implying that an article is patented or that a patent has been applied for shall be deemed to refer to a patent in force in India, or to a pending application for a patent in India, as the case may be unless there is an accompanying indication that the patent has been obtained or applied for in any country outside India. **121.** [Wrongful use of words “patent office”.] _Omitted by the Jan Vishwas_ (Amendment of _Provisions) Act, 2023 (18 of 2023), s. 2 and Schedule (w.e.f. 01-08-2024)._ **122. Refusal or failure to supply information.—(1) If any person refuses or fails to furnish:—** (a) to the Central Government any information which he is required to furnish under sub-section (5) of section 100; (b) to the Controller any information or statement which he is required to furnish by or under section 146, 2[he shall be liable to penalty which may extend to one lakh rupees, and in case of the continuing refusal or failure, a further penalty of one thousand rupees for every day after the first during which such refusal or failure continues.] (2) If any person, being required to furnish any such information as is referred to in sub-section (1), furnishes information or statement which is false, and which he either knows or has reason to believe to be false or does not believe to be true, [3][he shall be liable to penalty for a sum equal to one half per cent. of the total sale or turnover, as the case may be, of business or of the gross receipts in profession as computed in the audited accounts of such person, or a sum equal to five crore rupees, whichever is less]. **123. Practice by non-registered patent agents.—If any person contravenes the provisions of** section 129, [4][he shall be liable to penalty, which may extend to five lakh rupees, and in case of the continuing default, a further penalty of one thousand rupees for every day after the first during which such default continues]. **124. Offences by companies.—(1) If 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. 1. Subs. by Act 18 of 2023, s. 2 and Schedule for certain words (w.e.f. 01-08-2024). 2. Subs. by s. 2 and Schedule, ibid., for the long line (w.e.f. 01-08-2024). 3. Subs. by s. 2 and Schedule, ibid., for certain words (w.e.f. 01-08-2024). 4. Subs. by s. 2 and Schedule, ibid., for certain words (w.e.f. 01-08-2024). ----- (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 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[124A. Adjudication of penalties.—The Controller may, by an order, authorise an officer referred** to in section 73, to be the adjudicating officer for holding an inquiry and imposing penalty under the provisions of this Act, in the manner as may be prescribed, after giving the person concerned a reasonable opportunity of being heard. **124B. Appeal.—(1) Whoever aggrieved by an order of the adjudicating officer under section 124A** may prefer an appeal to the appellate authority, who shall be an officer at least one rank above the adjudicating officer, within a period of sixty days from the date of receipt of the order, as the Central Government may by notification authorise in this behalf. (2) Every appeal under this section shall be preferred 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 appellate authority 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) The appellate authority referred to in sub-section (1) shall dispose of the appeal within sixty days from the date of filing the appeal. (6) Notwithstanding anything contained in this Act, if the person fails to comply with the order of the adjudicating officer under section 124A or the order of the appellate authority under this section, as the case may be, within ninety days of such order, he shall, in addition to the penalty, be punishable with fine of one lakh rupees or imprisonment for a term which may extend to one year, or with both.] CHAPTER XXI PATENT AGENTS 2[125. Register of patent agents.—(1) The Controller shall maintain a register to be called the register of patent agents in which shall be entered the names, addresses and other relevant particulars, as may be prescribed, of all persons qualified to have their names so entered under section 126. (2) Notwithstanding anything contained in sub-section (1), it shall be lawful for the Controller to keep the register of patent agents in computer floppies, diskettes or any other electronic form subject to such safeguards as may be prescribed.] **126. Qualifications for registration as patent agents.—(1) A person shall be qualified to have his** name entered in the register of patent agents if he fulfils the following conditions, namely:— (a) he is a citizen of India; (b) he has completed the age of 21 years; 1. Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 01-08-2024). 2. Subs. by Act 38 of 2002, s. 52, for section 125 (w.e.f. 20-5-2003). ----- (c) he has obtained a [1][degree in science, engineering or technology from any University established under law for the time being in force] in the territory of India or possesses such other equivalent qualifications as the Central Government may specify in this behalf, and, in addition,— 2* - - - (ii) has passed the qualifying examination prescribed for the purpose; [3][or] 2[(iii) has, for a total period of not less than ten years, functioned either as an examiner or discharged the functions of the Controller under section 73 or both, but ceased to hold any such capacity at the time of making the application for registration;] (d) he has paid such fee as may be prescribed. 4[(2) Notwithstanding anything contained in sub-section (1), a person who has been registered as a patent agent before the commencement of [5][the Patents (Amendment) Act, 2005 (15 of 2005)] shall be entitled to continue to be, or when required to be re-registered, as a patent agent, on payment of the fee as may be prescribed.] **127. Rights of patent agents.—Subject to the provisions contained in this Act and in any rules made** thereunder, every patent agent whose name is entered in the register shall be entitled:— (a) to practice before the Controller; and (b) to prepare all documents, transact all business and discharge such other functions as may be prescribed in connection with any proceeding before the Controller under this Act. **128. Subscription and verification of certain documents by patent agents.—(1)** [6]*** all applications and communications to the Controller under this Act may be signed by a patent agent authorised in writing in this behalf by the person concerned. 7* - - - **129. Restrictions on practice as patent agents.—(1) No person, either alone or in partnerships with** any other person, shall practise, describe or hold himself out as a patent agent, or permit himself to be so described or held out, unless he is registered as a patent agent or, as the case may be, unless he and all his partners are so registered. (2) No company or other body corporate shall practise, describe itself or hold itself out as patent agents or permit itself to be so described or held out. _Explanation.—For the purposes of this section, practise as a patent agent includes any of the_ following acts, namely:— (a) applying for or obtaining patents in India or elsewhere; 1. Subs. by s. 53, ibid., for “degree from any University” (w.e.f. 20-5-2003). 2. Sub-clause (i) omitted by Act 15 of 2005, s. 67 ( w.e.f. 1-1-2005). 3. Ins. by Act 38 of 2002, s. 53 (w.e.f. 20-5-2003). 4. Subs. by s. 53, ibid., for sub-section (2) (w.e.f. 20-5-2003). 5. Subs. by Act 15 of 2005, s. 67, for “the Patents (Amendment) Act, 2002 (38 of 2002)” (w.e.f. 1-1-2005). 6. The words, brackets and figure “Subject to the provisions contained in sub-section (2) and to any rules made under this Act,” omitted by Act 38 of 2002, s. 54 (w.e.f. 20-5-2003). 7. Sub-section (2) omitted by s. 54, ibid. (w.e.f. 20-5-2003). ----- (b) preparing specifications or other documents for the purposes of this Act or of the patent law of any other country; (c) giving advice other than of a scientific or technical nature as to the validity of patents or their infringement. **130. Removal from register of patent agents and restoration.—(1) The [1][Controller] may remove** the name of any person from the register when [2][he] is satisfied, after giving that person a reasonable opportunity of being heard and after such further inquiry, if any, as [2][he] thinks fit to make— (i) that his name has been entered in the register by error or on account of misrepresentation or suppression of material fact; (ii) that he has been convicted of any offence and sentenced to a term of imprisonment or has been guilty of misconduct in his professional capacity which in the opinion of the [1][Controller] renders him unfit to be kept in the register. (2) The [1][Controller] may, on application and on sufficient cause being shown, restore to the register the name of any person removed therefrom. **131. Power of Controller to refuse to deal with certain agents.—(1) Subject to any rules made in** this behalf, the Controller may refuse to recognise as agent in respect of any business under this Act— (a) any individual whose name has been removed from, and not restored to, the register; (b) any person who has been convicted of an offence under section 123; (c) any person, not being registered as a patent agent, who in the opinion of the Controller is engaged wholly or mainly in acting as agent in applying for patents in India or elsewhere in the name or for the benefit of the person by whom he is employed; (d) any company or firm, if any person whom the Controller could refuse to recognise as agent in respect of any business under this Act, is acting as a director or manager of the company or is a partner in the firm. (2) The Controller shall refuse to recognise as agent in respect of any business under this Act any person who neither resides nor has a place of business in India. **132. Savings in respect of other persons authorised to act as agents.—Nothing in this Chapter** shall be deemed to prohibit— (a) the applicant for a patent [3]*** from drafting any specification or appearing or acting before the Controller; or (b) an advocate, not being a patent agent, from taking part in any [4][hearing before the Controller on behalf of a party who is taking part in any proceedings under this Act]. CHAPTER XXII INTERNATIONAL ARRANGEMENTS 5[133. Convention countries.—Any country, which is a signatory or party or a group of countries, union of countries or inter-governmental organisations which are signatories or parties to an international, regional or bi-lateral treaty, convention or arrangement to which India is also a signatory or party and which affords to the applicants for patents in India or to citizens of India similar privileges as are granted to their own citizens or citizens to their member countries in respect of the grant of patents and protection of patent rights shall be a convention country or convention countries for the purposes of this Act.] 1. Subs. by Act 38 of 2002, s. 55 for “Central Government” (w.e.f. 20-5-2003). 2. Subs. by s. 55, ibid., for “it” (w.e.f. 20-5-2003). 3. The words “or any person, not being a patent agent, who is duly authorised by the applicant” omitted by s. 56, _ibid._ (w.e.f. 20-5-2003). 4. Subs. by s. 56, ibid., for certain words (w.e.f. 20-5-2003). 5. Subs. by Act 15 of 2005, s. 68, for section 133 (w.e.f. 1-1-2005). ----- **134. Notification as to countries not providing for reciprocity.—Where any country specified by** the Central Government in this behalf by notification in the Official Gazette does not accord to citizens of India the same rights in respect of the grant of patents and the protection of patent rights as it accords to its own nationals, no national of such country shall be entitled, either solely or jointly with any other person,— (a) to apply for the grant of a patent or be registered as the proprietor of a patent; (b) to be registered as the assignee of the proprietor of a patent; or (c) to apply for a licence or hold any licence under a patent granted under this Act. **135. Convention applications.—(1) Without prejudice to the provisions contained in section 6,** where a person has made an application for a patent in respect of an invention in a convention country (hereinafter referred to as the “basic application”), and that person or the legal representative or assignee of that person makes an application under this Act for a patent within twelve months after the date on which the basic application was made, the priority date of a claim of the complete specification, being a claim based on matter disclosed in the basic application, is the date of making of the basic application. _Explanation.—Where applications have been made for similar protection in respect of an invention in_ two or more convention countries, the period of twelve months referred to in this sub-section shall be reckoned from the date on which the earlier or earliest of the said applications was made. (2) Where applications for protection have been made in one or more convention countries in respect of two or more inventions which are cognate or of which one is a modification of another, a single convention application may, subject to the provisions contained in section 10, be made in respect of those inventions at any time within twelve months from the date of the earliest of the said applications for protection: Provided that the fee payable on the making of any such application shall be the same as if separate applications have been made in respect of each of the said inventions, and the requirements of clause (b) of sub-section (1) of section 136 shall, in the case of any such application, apply separately to the applications for protection in respect of each of the said inventions. 1[(3) In case of an application filed under the Patent Cooperation Treaty designating India and claiming priority from a previously filed application in India, the provisions of sub-sections (1) and (2) shall apply as if the previously filed application were the basic application: Provided that a request for examination under section 11B shall be made only for one of the applications filed in India.] **136. Special provisions relating to convention applications.—(1) Every convention application** shall— (a) be accompanied by a complete specification; and (b) specify the date on which and the convention country in which the application for protection, or as the case may be, the first of such applications was made; and (c) state that no application for protection in respect of the invention had been made in a convention country before that date by the applicant or by any person from whom he derives title. (2) Subject to the provisions contained in section 10, a complete specification filed with a convention application may include claims in respect of developments of, or additions to, the invention in respect of which the application for protection was made in a convention country, being developments or additions in respect of which the applicant would be entitled under the provisions of section 6 to make a separate application for a patent. 1. Ins. by Act 15 of 2005, s. 69 (w.e.f. 1-1-2005). ----- (3) A convention application shall not be post-dated under sub-section (1) of section 17 to a date later than the date on which under the provisions of this Act the application could have been made. **137. Multiple priorities.—(1) Where two or more applications for patents in respect of inventions** have been made in one or more convention countries and those inventions are so related as to constitute one invention, one application may be made by any or all of the persons referred to in sub-section (1) of section 135 within twelve months from the date on which the earlier or earliest of those applications was made, in respect of the inventions disclosed in the specifications which accompanied the basic applications. (2) The priority date of a claim of the complete specification, being a claim based on matters disclosed in one or more of the basic applications, is the date on which that matter was first so disclosed. (3) For the purposes of this Act, a matter shall be deemed to have been disclosed in a basic application for protection in a convention country if it was claimed or disclosed (otherwise than by way of disclaimer or acknowledgment of a prior art) in that application, or any documents submitted by the applicant for protection in support of and at the same time as that application, but no account shall be taken of any disclosure effected by any such document unless a copy of the document is filed at the patent office with the convention application or within such period as may be prescribed after the filing of that application. **138. Supplementary provisions as to convention applications.—[1][(1) Where a convention** application is made in accordance with the provisions of this Chapter, the applicant shall furnish, when required by the Controller, in addition to the complete specification, copies of the specifications or corresponding documents filed or deposited by the applicant in the patent office of the convention country as referred to in section 133 verified to the satisfaction of the Controller, within the prescribed period from the date of communication by the Controller.] (2) If any such specification or other document is in a foreign language, a translation into English of the specification or document, verified by affidavit or otherwise to the satisfaction of the Controller, shall be [2][furnished when required by the controller]. (3) For the purposes of this Act, the date on which an application was made in a convention country is such date as the Controller is satisfied by certificate of the official chief or head of the patent office of the convention country or otherwise, is the date on which the application was made in that convention country. 3[(4) An international application filed under the Patent Cooperation Treaty designating India shall have effect of filing an application for patent under section 7, section 54 and section 135, as the case may be, and the title, description, claim and abstract and drawings, if any, filed in the international application shall be taken as complete specification for the purposes of this Act. (5) The filing date of an application for patent and its complete specification processed by the patent office as designated office shall be the international filing date accorded under the Patent Cooperation Treaty. (6) Amendment, if any, proposed by the applicant for an international application designating India or designating and electing India before international searching authority or preliminary made examination authority shall, if the applicant so desires, be taken as an amendment made before the patent office.] **139. Other provisions of Act to apply to convention applications.—Save as otherwise provided in** this Chapter, all the provisions of this Act shall apply in relation to a convention application and a patent granted in pursuance thereof as they apply in relation to an ordinary application and a patent granted in pursuance thereof. CHAPTER XXIII 1. Subs. by Act 15 of 2005, s. 70, for sub-section (1) (w.e.f. 1-1-2005). 2. Subs. by Act 38 of 2002, s. 58, for “annexed to the specification or document” (w.e.f. 20-5-2003). 3. Ins. by s. 58, ibid. (w.e.f. 20-5-2003). ----- MISCELLANEOUS **140. Avoidance of certain restrictive conditions.—(1) It shall not be lawful to insert—** (i) in any contract for or in relation to the sale or lease of a patented article or an article made by a patented process; or (ii) in a licence to manufacture or use a patented article; or (iii) in a licence to work any process protected by a patent, a condition the effect of which may be— (a) to require the purchaser, lessee, or licensee to acquire from the vendor, lessor, or licensor, or his nominees, or to prohibit him from acquiring or to restrict in any manner or to any extent his right to acquire from any person or to prohibit him from acquiring except from the vendor, lessor, or licensor or his nominees, any article other than the patented article or an article other than that made by the patented process; or (b) to prohibit the purchaser, lessee or licensee from using, or to restrict in any manner or to any extent the right of the purchaser, lessee or licensee, to use an article other than the patented article or an article other than that made by the patented process, which is not supplied by the vendor, lessor or licensor or his nominee; or (c) to prohibit the purchaser, lessee or licensee from using or to restrict in any manner or to any extent the right of the purchaser, lessee or licensee to use any process other than the patented process; or 1[(d) to provide exclusive grant back, prevention to challenges to validity of patent and coercive package licensing,] and any such condition shall be void. (2) A condition of the nature referred to in clause (a) or clause (b) or clause (c) of sub-section (1) shall not cease to be a condition falling within that sub-section merely by reason of the fact that the agreement containing it has been entered into separately, whether before or after the contract relating to the sale, lease or licence of the patented article or process. (3) In proceedings against any person for the infringement of a patent, it shall be a defence to prove that at the time of the infringement there was in force a contract relating to the patent and containing a condition declared unlawful by this section: Provided that this sub-section shall not apply if the plaintiff is not a party to the contract and proves to the satisfaction of the court that the restrictive condition was inserted in the contract without his knowledge and consent, express or implied. (4) Nothing in this section shall— (a) affect a condition in a contract by which a person is prohibited from selling goods other than those of a particular person; (b) validate a contract which, but for this section, would be invalid; (c) affect a condition in a contract for the lease of, or licence to use, a patented article, by which the lessor or licensor reserves to himself or his nominee the right to supply such new parts of the patented article as may be required or to put or keep it in repair. 2* - - - **141. Determination of certain contracts.—(1) Any contract for the sale or lease of a patented article** or for licence to manufacture, use or work a patented article or process, or relating to any such sale, lease or licence [3]*** may at any time after the patent or all the patents by which the article or process was 1. Ins. by Act 38 of 2002, s. 59 (w.e.f. 20-5-2003). 2. Sub-section (5) omitted by Act 38 of 2002, s. 59 (w.e.f. 20-5-2003). 3. The words “ whether made before or after the commencement of this Act,” omitted by s. 60, ibid. (w.e.f. 20-5-2003). ----- protected at the time of the making of the contract has or have ceased to be in force, and notwithstanding anything to the contrary in the contract or in any other contract, be determined by the purchaser, lessee, or licensee, as the case may be, of the patent on giving three months’ notice in writing to the other party. (2) The provisions of this section shall be without prejudice to any right of determining a contract exercisable apart from this section. **142. Fees.—(1) There shall be paid in respect of the grant of patents and applications therefor, and in** respect of other matters in relation to the grant of patents under this Act, such fees as may be prescribed by the Central Government. (2) Where a fee is payable in respect of the doing of an act by the Controller, the Controller shall not do that act until the fee has been paid. 1[(3) Where a fee is payable in respect of the filing of a document at the patent office, the fee shall be paid along with the document or within the prescribed time and the document shall be deemed not to have been filed at the office if the fee has not been paid within such time.] (4) Where a principal patent is granted later than two years from the date of filing of [2][the application], the fees which have become due in the meantime may be paid within a term of three months from the date of the recording of the patent in the register [3][or within the extended period not later than nine months from the date of recording]. 4[143. Restrictions upon publication of specification.—Subject to the provisions of Chapter VII, an application for a patent, and any specification file in pursuance thereof, shall not, except with the consent of the applicant, be published by the Controller before the expiration of the period prescribed under sub-section (1) of section 11A or before the same is open to public inspection in pursuance of sub-section (3) of section 11A or section 43.] **144. Reports of Examiners to be confidential.—The reports of examiners to the Controller under** this Act shall not be open to public inspection or be published by the Controller; and such reports shall not be liable to production or inspection in any legal proceeding unless the court certifies that the production or inspection is desirable in the interests of justice, and ought to be allowed. 5[145. Publication of official journal.—The Controller shall publish periodically an official journal which shall contain such information as may be required to be published by or under the provisions of this Act or any rule made thereunder.] **146. Power of Controller to call for information from patentees.—(1) The Controller may, at any** time during the continuance of the patent, by notice in writing, require a patentee or a licensee, exclusive or otherwise, to furnish to him within two months from the date of such notice or within such further time as the Controller may allow, such information or such periodical statements as to the extent to which the patented invention has been commercially worked in India as may be specified in the notice. (2) Without prejudice to the provisions of sub-section (1), every patentee and every licensee (whether exclusive or otherwise) shall furnish in such manner and form and at such intervals (not being less than six months) as may be prescribed statements as to the extent to which the patented invention has been worked on a commercial scale in India. (3) The Controller may publish the information received by him under sub-section (1) or sub-section (2) in such manner as may be prescribed. **147. Evidence of entries, documents, etc.—(1) A certificate purporting to be signed by the** Controller as to any entry, matter or thing which he is authorised by this Act or any rules made thereunder to make or do, shall be prima facie evidence of the entry having been made and of the contents thereof and of the matter or thing having been done or omitted to be done. 1. Subs. by Act 38 of 2002, s. 61 for sub-section (3) (w.e.f. 20-5-2003). 2. Subs. by Act 15 of 2005, s. 71, for “the complete specification” (w.e.f. 1-1-2005). 3. Ins. by Act 38 of 2002, s. 61 (w.e.f. 20-5-2003). 4. Subs. by Act s. 72, ibid., for section 143 (w.e.f. 1-1-2005). 5. Subs. by Act 15 of 2005, s. 73, for section 145 (w.e.f. 1-1-2005). ----- (2) A copy of any entry in any register or of any document kept in the patent office or of any patent, or an extract from any such register or document, purporting to be certified by the Controller and sealed with the seal of the patent office shall be admitted in evidence in all courts, and in all proceedings, without further proof or production of the original. (3) The Controller or any other officer of the patent office shall not, in any legal proceedings to which he is not a party, be compellable to produce the register or any other document in his custody, the contents of which can be proved by the production of a certified copy issued under this Act or to appear as a witness to prove the matters therein recorded unless by order of the court made for special causes. **148. Declaration by infant, lunatic, etc.—(1) If any person is, by reason of minority, lunacy or other** disability, incapable of making any statement or doing anything required or permitted by or under this Act, the lawful guardian, committee or manager (if any) of the person subject to the disability, or if there be none, any person appointed by any court possessing jurisdiction in respect of his property, may make such statement or a statement as nearly corresponding thereto as circumstances permit, and do such things in the name and on behalf of the person subject to the disability. (2) An appointment may be made by the court for the purposes of this section upon the petition of any person acting on behalf of the person subject to the disability or of any other person interested in the making of the statement or the doing of the thing. **149. Service of notices, etc. by post.—Any notice required or authorised to be given by or under this** Act, and any application or other document so authorised or required to be made or filed, may be given, made or filed by post. **150. Security for costs.—If any party by whom notice of any opposition is given under this Act or by** whom application is made to the Controller for the grant of a licence under a patent neither resides nor carries on business in India, the Controller may require him to give security for the costs of the proceedings, and in default of such security being given may treat the opposition or application as abandoned. **151. Transmission of orders of courts to Controller.—(1) Every order of [1][the High Court [2]***] on** a petition for revocation, including orders granting certificates of validity of any claim, shall be transmitted by [1][the High Court [2]***] to the Controller who shall cause an entry thereof and reference thereto to be made in the register. (2) Where in any suit for infringement of a patent or in any suit under section 106 the validity of any claim or a specification is contested and that claim is found by the court to be valid or not valid, as the case may be, the court shall transmit a copy of its judgment and decree to the Controller who shall on receipt thereof cause an entry in relation to such proceeding to be made in the prescribed manner in a supplemental record. (3) The provisions of sub-sections (1) and (2) shall also apply to the court to which appeals are preferred against decisions of [3][the courts] referred to in those sub-sections. **152. [Transmission of copies of specification, etc., and inspection thereof.]—Omitted by The Patents** (Amendment) Act, 2005 (15 of 2005), s. 75 (w.e.f. 1-1-2005). **153. Information relating to Patents.—A person making a request to the Controller in the** prescribed manner for information relating to any such matters as may be prescribed as respects any patent specified in the request or as respects any application for a patent so specified shall be entitled, subject to the payment of the prescribed fee, to have information supplied to him accordingly. **154. Loss or destruction of Patents.—If a patent is lost or destroyed, or its non-production is** accounted for to the satisfaction of the Controller, the Controller may at any time, on application made in 1. Subs. by Act 15 of 2005, s. 74, for “the High Court” (w.e.f. 2-4-2007). 2. The words “or the Appellate Board” omitted by Act 33 of 2021, s. 13 (w.e.f. 4-4-2021). 3. Subs. by Act 33 of 2021, s. 13, for “the Appellate Board or the courts, as the case may be” (w.e.f. 4-4-2021). ----- the prescribed manner and on payment of the prescribed fee, cause a duplicate thereof to be sealed and delivered to the applicant. **155. Reports of Controller to be placed before Parliament.—The Central Government shall cause** to be placed before both Houses of Parliament once a year a report respecting the execution of this Act by or under the Controller. **156. Patent to bind Government.—Subject to the other provisions contained in this Act, a patent** shall have to all intents the like effect as against Government as it has against any person. **157. Right of Government to sell or use forfeited articles.—Nothing in this Act shall affect the** power of the Government or of any person deriving title directly or indirectly from the Government to sell or use any articles forfeited under any law for the time being in force. 1[157A. Protection of security of India.—Notwithstanding anything contained in this Act, the Central Government shall— (a) not disclose any information relating to any patentable invention or any application relating to the grant of patent under this Act, which it considers prejudicial to the interest of the security of India; (b) take any action including the revocation of any patent which it considers necessary in the interest of the security of India by issue of a notification in the Official Gazette to that effect. _Explanation. —For the purposes of this section, the expression “security of India” include any action_ necessary for the security of India which (i) relates to fissionable materials or the materials from which they are derived; or (ii) relates to the traffic in arms, ammunition and implements of war and to such traffic in other goods and materials as is carried on directly or indirectly for the purpose of supplying a military establishment; or (iii) is taken in time of war or other emergency in international relations.] **158. Power of High Courts to make rules.—The High Court may make rules consistent with this** Act as to the conduct and procedure in respect of all proceedings before it under this Act. **159. Power of Central Government 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) 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:— (i) the form and manner in which any application for a patent, any specifications or drawings and any other application or document may be filed in the patent office; 2[(ia) the period which the Controller may allow for filing of statement and undertaking for in respect of applications under sub-section (1), the period within which the details relating to processing of applications may be filed before the Controller and the details to be furnished by the applicant to the Controller under sub-section (2) of section 8; (ib) the period within which a reference to the deposit of materials shall be made in the specification under sub-clause (A) of clause (ii) of the proviso to sub-section (4) of section 10; (ic) the period for which application for patent shall not be open to the public under sub-section (1) and the manner in which the applicant may make a request to the Controller to publish his application under subsection (2) of section 11A; (id) the manner of making the request for examination for an application for patent and the period within which such examination shall be made under sub-sections (1) and (3) of section 11B; 1. Subs. by Act 38 of 2002, s. 63, for section 157A (w.e.f. 20-5-2003). 2. Subs. by Act 15 of 2005, s. 76, for clauses (ia) and (ib) (w.e.f. 1-1-2005). ----- (ie) the manner in which an application for withdrawal of an application for grant of a patent shall be made and the period within which a request for examination from the date of revocation of secrecy directions shall be made under the proviso to sub-section (4) of section 11B.] (ii) the time within which any act or thing may be done under this Act, including the manner in which and the time within which any matter may be [1][published] under this Act; (iii) the fees which may be payable under this Act and the manner [2][and time] of payment of such fees; (iv) the matters in respect of which the examiner may make a report to the Controller; 3[(v) the manner in which and the period within which the Controller shall consider and dispose of a representation under sub-section (1) of section 25; (va) the period within which the Controller is required to dispose of an application under section 39;] (vi) the form and manner in which and the time within which any notice may be given under this Act; (vii) the provisions which may be inserted in an order for restoration of a patent for the protection of persons who may have availed themselves of the subject-matter of the patent after the patent had ceased; (viii) the establishment of branch offices of the patent office and the regulation generally of the business of the patent office, including its branch offices; (ix) the maintenance of the register of patents [2][and the safeguards to be observed in the maintenance of such register in computer floppies, diskettes or any other electronic form] and the matters to be entered therein; (x) the matters in respect of which the Controller shall have powers of a civil court; (xi) the time when and the manner in which the register and any other document open to inspection may be inspected under this Act; (xii) the qualifications of, and the preparation of a roll of, scientific advisers for the purpose of section 115; 4* - - - * (xiii) the manner in which any compensation for acquisition by Government of an invention may be paid; 5[(xiiia) the manner of holding inquiry and imposing penalty under section 124A; (xiiib) the form and manner of preferring appeal under sub-section (2) of section 124B;] (xiv) the manner in which the register of patent agents may be maintained [2][under sub-section (1) of section 125 and the safeguards to be observed in the maintenance of such register of patent agents on computer floppies, diskettes or any other electronic form under sub-section (2) of that section] the conduct of qualifying examinations for patent agents; and matters connected with their practice and conduct, including the taking of disciplinary proceedings against patent agents for misconduct; (xv) the regulation of the making, printing, publishing and selling of indexes to, and abridgments of, specifications and other documents in the patent office; and the inspection of indexes and abridgments and other documents; (xvi) any other matter which has to be or may be prescribed. 1. Subs. by Act 15 of 2005, s. 76, for “advertised” (w.e.f. (1-1-2005). 2. Ins. by Act 38 of 2002, s. 64 (w.e.f. 20-5-2003). 3. Subs. by Act 15 of 2005, s. 76, for clause (v) (w.e.f. 1-1-2005). 4. Clauses (xiia), (xiib) and (xiic) omitted by Act 33 of 2021, s. 13 (w.e.f. 4-4-2021). 5. Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 01-08-2024). ----- (3) The power to make rules under this section shall be subject to condition of the rules being made after previous publications: 1[Provided that the Central Government may, if it is satisfied that the circumstances exist which render it practically not possible to comply with such condition of previous publication, dispense with such compliance.] **160. Rules to be placed before Parliament.—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 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. **161.** [Special provisions with respect to certain applications deemed to have been refused under _Act 2 of 1911.]—Omitted by The Patents (Amendment) Act, 2002 (38 of 2002), s. 46 (w.e.f. 20-5-2003)._ **162. Repeal of Act 2 of 1911 in so far as it relates to patents and savings.—(1) The Indian Patents** and Designs Act, 1911, in so far as it relates to patents, is hereby repealed, that is to say, the said Act shall be amended in the manner specified in the Schedule. 3* - - - (4) The mention of particular matters in this section shall not prejudice the general application of the General Clauses Act, 1897 (10 of 1987), with respect to repeals. (5) Notwithstanding anything contained in this Act, any suit for infringement of a patent or any proceeding for revocation of a patent, pending in any court at the commencement of this Act, may be continued and disposed of, as if this Act had not been passed. **163.** [Amendment of Act 43 of 1958].—Omitted by _The Patents (Amendment) Act, 2005 (15_ _of_ 2005), s. 77 (w.e.f. 1-1-2005). 1. The proviso added by Act 15 of 2005, s. 76 (w.e.f. 1-1-2005). 2. Subs. by Act 4 of 1986, s. 2 and the Schedule, for certain words (w.e.f. 15-5-1986). 3. Sub-sections (2) and (3) omitted by s. 66, ibid. (w.e.f. 20-5-2003). ----- THE SCHEDULE [See section 162] AMENDMENTS TO THE INDIAN PATENTS AND DESIGNS ACT, 1911 1. Long title—Omit “Inventions and”. 2. Preamble—Omit “inventions and”. 3. Section 1—In sub-section (1) omit “Indian Patents and”. 4. Section 2— (a) omit clause (1); (b) in clause (2) omit “(as respects designs)”; (c) for clause (3), substitute— ‘(3) “controller” means the Controller General of Patents, Designs and Trade Marks appointed under sub-section (1) of section 4 of the Trade and Merchandise Marks Act, 1958 (43 of 1958);’; (d) in clause (5) for “trade mark as defined in section 478”, substitute “trade mark as defined in clause (v) of sub-section (1) of section 2 of the Trade and Merchandise Marks Act, 1958 (43 of 1958)”.; (e) omit clause (6); (f) in clause 7, after sub-clause (ee) insert,— “(f) in relation to the Union territories of Dadra and Nagar Haveli and Goa, Daman and Diu, the High Court at Bombay; (g) in relation to the Union territory of Pondicherry, the High Court at Madras.”; (g) omit clauses (8), (10) and (11); (h) for clause (12), substitute— ‘(12) “patent office” means the patent office referred to in section 74 of the Patents Act, 1970’.’ 5. Omit Part I. 6. For section 51B, substitute— “51B. Designs to bind Government.—A registered design shall have to all intents the like effect as against Government as it has against any person and the provisions of Chapter XVII of the Patents Act, 1970, shall apply to registered designs as they apply to patents.” 7. In section 54, for “The provisions of this Act,” substitute “The provisions of the Patents Act, 1970”. 8. Omit sections 55 and 56. 9. Section 57—For sub-section (1), substitute— “(1) There shall be paid in respect of the registration of designs and applications therefor and in respect of other matters relating to designs under this Act such fees as may be prescribed by the Central Government.”. 10. Omit section 59A. 11. Section 61—Omit sub-section (1). ----- 12. For section 62, substitute— “62. Power of Controller to correct clerical errors.—The Controller may, on request in writing accompanied by the prescribed fee, correct any clerical error in the representation of a design or in the name or address of the proprietor of any design or in any other matter which is entered upon the register of designs.”. 13. Section 63— (a) in sub-section (1), omit “to a patent or” and “patent or”; (b) in sub-section (2), omit “patent or” and for “patents or designs, as the case may be,”, substitute “designs,”; (c) in sub-section (3), omit “patent or” wherever that expression occurs; (d) in sub-section (4), omit “to a patent or”. 14. Section 64— (a) in sub-section (1), omit “patents or” and omit the word “either” wherever it occurs; (b) in sub-section (5), omit clause (a). 15. Omit section 66. 16. Section 67—Omit “for a patent, or for amendment of an application or of a specification, or”. 17. Section 69—In sub-section (1), omit "to grant a patent for an invention or”. 18. Section 71A—Omit “or from patents, specifications and other.”. 19. Omit section 72. 20. Omit sections 74A and 75. 21. Section 76— (a) in sub-section (1), omit “other”; (b) in sub-section (2), in clause (c), omit “opponent”. 22. Section 77— (a) in sub-section (1)— (i) in clauses (c) and (d), omit “specifications”; (ii) for clause (e), substitute— “(e) providing for the inspection of documents in the patent office and for the manner in which they may be published;”; (iii) omit clause (eee); (b) omit sub-section (2A). 23. Omit section 78. 24. For section 78A, substitute— “78A. Reciprocal arrangement with United Kingdom and other Commonwealth **countries—(1) Any person who has applied for protection for any design in the United Kingdom or** his legal representative or assignee shall, either alone or jointly with any other person, be entitled to claim that the registration of the said design under this Act shall be in priority to other applicants and shall have the same date as the date of the application in the United Kingdom: Provided that— (a) the application is made within six months from the application for protection in the United Kingdom; and (b) nothing in this section shall entitle the proprietor of the design to recover damages for infringements happening prior to the actual date on which the design is registered in India. ----- (2) The registration of a design shall not be invalidated by reason only of the exhibition or use of, or the publication of a description or representation of, the design in India during the period specified in this section as that within which the application may be made. (3) The application for the registration of a design under this section must be made in the same manner as an ordinary application under this Act. (4) Where it is made to appear to the Central Government that the legislature of any such Commonwealth country as may be notified by the Central Government in this behalf has made satisfactory provision for the protection of designs registered in India, the Central Government may, by notification in the Official Gazette, direct that the provisions of this section, with such variations or additions, if any, as may be set out in such notification, shall apply for the protection of designs registered in that Commonwealth country.”. 25. Omit sections 78B, 78C, 78D and 78E. 26. Omit the Schedule. -----

25-Dec-1970

53

The State of Himachal Pradesh Act, 1970

https://www.indiacode.nic.in/bitstream/123456789/1464/1/197053.pdf

central

# THE STATE OF HIMACHAL PRADESH ACT, 1970 SECTIONS 1. Short title. 2. Definitions. # __________ ARRANGEMENT OF SECTIONS _________ PART I PRELIMINARY PART II ESTABLISHMENT OF THE STATE OF HIMACHAL PRADESH 3. Establishment of State of Himachal Pradesh. 4. Amendment of First Schedule to the Constitution. PART III REPRESENTATION IN THE LEGISLATURES _The Council of States_ 5. Amendment of Fourth Schedule to the Constitution. 6. Allocation of sitting members. 7. Amendment of section 27A of Act 43 of 1950. _The House of the People_ 8. [Omitted.] 9. [Omitted.] _The Legislative Assembly_ 10. Provision as to Legislative Assembly as constituted on the appointed day. 11. Duration of Legislative Assembly. 12. Speaker and Deputy Speaker. 13. Rules of procedure. _Delimitation of constituencies_ 14. Allocation of seats in the House of the People. 15. Allocation of seats in the Legislative Assembly. 16. Amendment of First and Second Schedules to Act 43 of 1950. 17. Delimitation of constituencies. 18. Power of Election Commission to maintain delimitation orders up-to-date. 19. Amendment of Scheduled Castes Orders. 20. Amendment of Scheduled Tribes Orders. PART IV HIGH COURT 21. High Court for Himachal Pradesh. 22. Judges of High Court. 1 ----- SECTIONS 23. Jurisdiction of High Court. 24. Special provision relating to Advocates and Bar Council. 25. Practice and procedure in High Court. 26. Custody of seal of High Court. 27. Form of writs and other processes. 28. Powers of Judges. 29. Procedure as to appeals to Supreme Court. 30. Transfer of proceedings from High Court of Delhi to High Court of Himachal Pradesh. 31. Right to appear or to act in proceedings transferred to High Court of Himachal Pradesh. 32. Savings. PART V AUTHORISATION OF EXPENDITURE AND DISTRIBUTION OF REVENUES 33. Authorisation of expenditure pending its sanction by the Legislature. 34. Reports relating to the accounts of the existing Union territory of Himachal Pradesh. 35. Allowances and privileges of Governor of Himachal Pradesh. 36. Distribution of revenues. PART VI ASSETS AND LIABILITIES 37. Property, assets, rights, liabilities, obligations, etc. 38. Special provision as to transfer of assets, rights, liabilities, etc., of Union in relation to transferred territories under Act 31 of 1966. PART VII PROVISIONS AS TO SERVICES 39. Provisions relating to All-India Services. 40. Provision relating to certain Services. 41. Provisions relating to other services. 42. Other provisions as to services. 43. Provisions as to continuance of officers in same posts. 44. Advisory Committees. 45. Power of Central Government to give directions. PART VIII LEGAL AND MISCELLANEOUS PROVISIONS 46. Amendment of article 210 and article 239A. 47. Amendment of Act 37 of 1956. 48. Amendment of Act 20 of 1963. 49. Continuance of existing laws and their adaptation. 50. Power to construe laws. 51. Provisions as to continuance of courts, etc. 2 ----- SECTIONS 52. Effect of provisions of Act inconsistent with other laws. 53. Power to remove difficulties. 54. Power to make rules. THE FIRST SCHEDULE. THE SECOND SCHEDULE. THE THIRD SCHEDULE. THE FOURTH SCHEDULE. 3 ----- # THE STATE OF HIMACHAL PRADESH ACT, 1970 # ACT NO. 53 OF 1970 [25th December, 1970.] # An Act to provide for the establishment of the State of Himachal Pradesh and for matters connected therewith. BE it enacted by Parliament in the Twenty-first Year of the Republic of India as follows:— PART I PRELIMINARY **1. Short title.—This Act may be called the State of Himachal Pradesh Act, 1970.** **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “Administrator” means the administrator appointed by the President under article 239 of the Constitution; (b) “appointed day” means the day which the Central Government may, by notification in the Official Gazette, appoint; (c) “article” means an article of the Constitution; (d) “Election Commission” means the Election Commission appointed by the President under article 324; (e) “existing Union territory of Himachal Pradesh” means the Union territory of Himachal Pradesh as existing immediately before the appointed day; (f) “law” includes any enactment, ordinance, regulation, order, bye-law, rule, scheme, notification or other instrument having, immediately before the appointed day, the force of law in the whole or any part of the existing Union territory of Himachal Pradesh; (g) “sitting member”, in relation to either House of Parliament or of the Legislative Assembly of the existing Union territory of Himachal Pradesh, means a person who, immediately before the appointed day, is a member of that House or that Assembly; (h) “treasury” includes a sub-treasury. PART II ESTABLISHMENT OF THE STATE OF HIMACHAL PRADESH **3. Establishment of State of Himachal Pradesh.—On and from the appointed day, there shall be** established a new State, to be known as the State of Himachal Pradesh, comprising the territories which immediately before that day were comprised in the existing Union territory of Himachal Pradesh. **4. Amendment of First Schedule to the Constitution.—On and from the appointed day, in the First** Schedule to the Constitution,— (a) under the heading “I. THE STATES,” after entry 17, the following entry shall be inserted, namely:— “18. Himachal Pradesh The territories which immediately before the commencement of this Constitution were being administered as if they were Chief Commissioners‟ Provinces under the names of Himachal Pradesh and Bilaspur and the territories specified in sub-section (1) of section 5 of the Punjab Reorganisation Act, 1966.”; 4 ----- (b) under the heading “II. THE UNION TERRITORIES”, entry 2 relating to Himachal Pradesh shall be omitted and entries 3 to 10 shall be re-numbered as entries 2 to 9 respectively. PART III REPRESENTATION IN THE LEGISLATURES _The Council of States_ **5. Amendment of Fourth Schedule to the Constitution.—On and from the appointed day, in the Fourth** Schedule to the Constitution, in the Table,— (a) entry 18 shall be re-numbered as entry 19 and before the entry as so re-numbered, the following entry shall be inserted, namely:— “18. Himachal Pradesh………….3”; (b) entry 19 shall be omitted. **6. Allocation of sitting members.—(1) On and from the appointed day, the three sitting members of the** Council of States representing the existing Union territory of Himachal Pradesh shall be deemed to have been duly elected under clause (4) of article 80 to fill the three seats allotted to the State of Himachal Pradesh in that Council. (2) The term of office of such sitting members shall remain unaltered. **7. Amendment of section 27A of Act 43 of 1950.—On and from the appointed day, in section 27A** of the Representation of the People Act, 1950, in sub-section (4), the words “Himachal Pradesh” shall be omitted. _The House of the People_ **8.** [Allocation of seats in the existing House of the People.] _Omitted by the State of Himachal,_ _Pradesh (Amendment) Act, 1971 (15 of 1971), s. 2 (w.e.f. 5-1-1971)._ **9. [Provision as to sitting members.]** _Omitted by s.2, ibid. (w.e.f. 5-1-1971)._ _The Legislative Assembly_ **10. Provision as to Legislative Assembly as constituted on the appointed day.—(1) On and from** the appointed day, the total number of seats in the Legislative Assembly of the State of Himachal Pradesh to be filled by persons chosen by direct election from Assembly constituencies shall be sixty and the number of seats to be reserved for the Scheduled Castes and for the Scheduled Tribes of that State shall be fourteen and three respectively; and the Second Schedule to the Representation of the People Act, 1950 (43 of 1950), shall be deemed to be amended accordingly. (2) On and from the appointed day, the sixty territorial constituencies of the existing Union territory of Himachal Pradesh shall be deemed to be the constituencies of the Legislative Assembly of the State of Himachal Pradesh and the Delimitation of Parliamentary and Assembly Constituencies Order, 1966, shall be construed accordingly. (3) Every sitting member of the Legislative Assembly of the existing Union territory of Himachal Pradesh representing a territorial constituency which, on the appointed day by virtue of the provisions of sub-section (2), becomes a constituency of the State of Himachal Pradesh, shall be deemed to have been elected under article 170 to the Legislative Assembly of the State of Himachal Pradesh by that constituency. (4) Notwithstanding anything contained in any other law for the time being in force, the Legislative Assembly of the State of Himachal Pradesh shall be deemed to be duly constituted on the appointed day. **11. Duration of Legislative Assembly.—The period of five years referred to in clause (1) of** article 172 shall, in the case of the Legislative Assembly of the State of Himachal Pradesh, be deemed to have commenced on the day on which the duration of the existing Legislative Assembly of the Union territory of Himachal Pradesh commenced under section 5 of the Government of Union Territories Act, 1963 (20 of 1963). **12. Speaker and Deputy Speaker.—The persons who immediately before the appointed day [.]are the** Speaker and the Deputy Speaker of the Legislative Assembly of the Union territory of Himachal Pradesh 5 ----- shall be the Speaker and the Deputy Speaker, respectively, of the Legislative Assembly of the State of Himachal Pradesh on and from that day. **13. Rules of procedure.—The rules of procedure and conduct of business of the Legislative** Assembly of the existing Union territory of Himachal Pradesh as in force immediately before the appointed day shall, until rules are made under clause (1) of article 208, be the rules of procedure and conduct of business of the Legislative Assembly of the State of Himachal Pradesh, subject to such modifications and adaptations as may be made therein by the Speaker thereof. _Delimitation of constituencies_ **14. Allocation of seats in the House of the People.—In the House of the People to be constituted** after the appointed day, there shall be allotted four seats to the State of Himachal Pradesh of which one seat shall be reserved for the Scheduled Castes. **15. Allocation of seats in the Legislative Assembly.—The total number of seats in the Legislative** Assembly of the State of Himachal Pradesh to be constituted at any time after the appointed day, to be filled by persons chosen by direct election from territorial constituencies, shall be sixty-eight of which sixteen seats shall be reserved for the Scheduled Castes and three seats shall be reserved for the Scheduled Tribes. **16. Amendment of First and Second Schedules to Act 43 of 1950.—(1) In the Representation of the** People Act, 1950,— (a) in the First Schedule,— (i) under the heading “I. STATES”, after entry 17, the following entry shall be inserted, namely:— “18. Himachal Pradesh.....4 1.....”; (ii) under the heading “II. UNION TERRITORIES”, entry 6 relating to Himachal Pradesh shall be omitted; (b) in the Second Schedule,— (i) under the heading “I. STATES”, after entry 16, the following entry shall be inserted, namely:— “17. Himachal Pradesh.....68 16 3”; (ii) under the heading “II. UNION TERRITORIES”, entry 2 relating to Himachal Pradesh shall be omitted. (2) The amendments made by clauses (a) and (b) of sub-section (1) shall have effect in relation to the House of the People and the Legislative Assembly of Himachal Pradesh to be constituted at any time after the appointed day. **17. Delimitation of Constituencies.—(1) The Election Commission shall, in the manner herein provided,** distribute, whether before or after the appointed day, the seats in the House of the People allotted to the State of Himachal Pradesh under section 14 and the seats assigned to the Legislative Assembly of the State of Himachal Pradesh under section 15 to single-member territorial constituencies and delimit them on the basis of the latest census figures, having regard to the provisions of the Constitution and to the following provisions, namely:— (a) all constituencies shall, as far as practicable, be geographically compact areas, and in delimiting them regard shall be had to physical features, existing boundaries of administrative units, facilities of communication and public convenience; (b) every assembly constituency shall be so delimited as to fall wholly within one parliamentary constituency; (c) constituencies in which seats are reserved for the Scheduled Castes shall be distributed in different parts of the State and located, as far as practicable, in those areas where the proportion of their population to the total population is comparatively large; and 6 ----- (d) constituencies in which seats are reserved for the Scheduled Tribes shall, as far as practicable, be located in areas where the proportion of their population to the total population is the largest. _Explanation.—In this section, “latest census figures” mean the census figures with respect to the existing_ Union territory of Himachal Pradesh or, as the case may be, of the State of Himachal Pradesh ascertainable from the latest census of which the finally published figures are available. (2) For the purpose of assisting it in the performance of its functions under sub-section (1), the Election Commission shall associate with itself as associate members,— 1[(a) all the persons (or as many of them as are available) who having been elected from parliamentary constituencies in the Union territory of Himachal Pradesh, were members of the House of the People immediately before its dissolution by the order of the President published with notification No. 37/2/70/T, dated the 27th December, 1970, of the Lok Sabha Secretariat, in the Gazette of India, dated the 27th December, 1970, or if the delimitation of any constituencies is taken up after the first constitution, following such dissolution, of the House of the People, all the members elected to such House (or as many of them as are available) from parliamentary constituencies in the State of Himachal Pradesh; and] (b) such six of the members of the Legislative Assembly of the existing Union territory of Himachal Pradesh or, as the case may be, of the State of Himachal Pradesh referred to in section 10 as the Speaker thereof may nominate: Provided that none of the associate members shall have a right to vote or to sign any decision of the Election Commission. (3) If owing to death or resignation, the office of an associate member falls vacant, it shall be filled, if practicable, in accordance with the provisions of sub-section (2). (4) The Election Commission shall— (a) publish its proposals for the delimitation of constituencies, together with the dissenting proposals, if any, of any associate member who desires publication thereof, in the Official Gazette and in such other manner as the Commission may consider fit, together with a notice inviting objections and suggestions in relation to the proposals and specifying a date on or after which the proposals will be further considered by it; (b) consider all objections and suggestions which may have been received by it before the date so specified; (c) after considering all objections and suggestions which may have been received by it before the date so specified, determine by one or more orders the delimitation of constituencies and cause such order or orders to be published in the Official Gazette; and upon such publication, the order or orders shall have the full force of law and shall not be called in question in any court. (5) As soon as may be after such publication, every such order relating to parliamentary constituencies shall be laid before the House of the People and every such order relating to assembly constituencies shall be laid before the Legislative Assembly. **18. Power of Election Commission to maintain delimitation orders up-to-date.—(1) The Election** Commission may, from time to time, by notification in the Official Gazette,— (a) correct any printing mistake in any order made under section 17 or any error arising therein from inadvertent slip or omission; (b) where the boundaries or name of any territorial division mentioned in any such order are or is altered, make such amendments as appear to it to be necessary or expedient for bringing such order up-to-date. (2) Every notification under this section relating to a parliamentary or an assembly constituency shall be laid, as soon as may be after it is issued, before the House of the People or, as the case may be, the Legislative Assembly. 1. Subs. by Act 15 of 1971, s. 3, for clause (a) (w.e.f. 5-1-1971). 7 ----- **19. Amendment of Scheduled Castes Orders.—(1) On and from the appointed day, the Constitution** (Scheduled Castes) Order, 1950, shall stand amended as directed in the First Schedule. (2) On and from the appointed day, the Constitution (Scheduled Castes) (Union Territories) Order, 1951, shall stand amended as directed in the Second Schedule. **20. Amendment of Scheduled Tribes Orders.—(1) On and from the appointed day, the Constitution** (Scheduled Tribes) Order, 1950, shall stand amended as directed in the Third Schedule. (2) On and from the appointed day, the Constitution (Scheduled Tribes) (Union Territories) Order, 1951, shall stand amended as directed in the Fourth Schedule. PART IV HIGH COURT **21. High Court for Himachal Pradesh.—(1) On and from the appointed day, there shall be a** separate High Court for the State of Himachal Pradesh (hereinafter referred to as the High Court of Himachal Pradesh). (2) The principal seat of the High Court of Himachal Pradesh shall be at Simla. **22. Judges of High Court.—(1) The President may, if he thinks fit, direct that such of the Judges of** the High Court of Delhi holding office immediately before the appointed day as may be determined by him, shall on that day cease to be Judges of the High Court of Delhi and become Judges of the High Court of Himachal Pradesh. (2) The persons who by virtue of sub-section (1) becomes Judges of the High Court of Himachal Pradesh shall, except in the case where any such person is appointed to be the Chief Justice of the High Court, rank in that Court according to the priority of their respective appointments as Judges of the High Court of Delhi. **23. Jurisdiction of High Court.—The High Court of Himachal Pradesh shall have, in respect of any** part of the territories comprised in the State of Himachal Pradesh, all such jurisdiction, powers and authority as, under the law in force immediately before the appointed day, are exercisable in respect of that part of the said territories by the High Court of Delhi. **24. Special provision relating to Advocates and Bar Council.—(1) Subject to any rule made or** direction given by the High Court of Himachal Pradesh in this behalf, any person who immediately before the appointed day is an advocate entitled to practise in the High Court of Delhi shall be entitled to practise as an advocate in the High Court of Himachal Pradesh. (2) The right of audience in the High Court of Himachal Pradesh 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 of Delhi. (3) On and from the appointed day, in the Advocates Act, 1961 (25 of 1961) (hereafter in this section referred to as the Advocates Act), in section 3,— (a) in sub-section (1), for clause (d), the following clauses shall be substituted, namely:— “(d) for the States of Punjab and Haryana and the Union territory of Chandigarh, to be known as the Bar Council of Punjab and Haryana; (dd) for the State of Himachal Pradesh, to be known as the Bar Council of Himachal Pradesh; (b) in clause (b) of sub-section (2), after the words “Bar Council of Orissa”, the words “, the Bar Council of Himachal Pradesh” shall be inserted. 8 ----- (4) The provisions of section 17 of the Advocates Act shall have effect in respect of the roll of the Bar Council of Himachal Pradesh subject to the modifications that— (a) for clause (a) of sub-section (1) of the said section 17, the following clause shall be substituted, namely:— “(a) all persons who were entered as advocates on the roll of the Bar Council of Punjab and Haryana immediately before the day appointed under clause (b) of section 2 of the State of Himachal Pradesh Act, 1970, and who within three months from that day express in such manner as the Bar Council of India may, by rules, prescribe an intention in writing to practise within the jurisdiction of the Bar Council of Himachal Pradesh”; (b) in clause (a) of sub-section (3) of the said section 17, for the words and figures “with his date of enrolment under the Indian Bar Councils Act, 1926 (38 of 1926)”, the words “with his seniority on the roll of the Bar Council of Punjab and Haryana” shall be substituted. (5) Notwithstanding anything contained in the Advocates Act as amended or modified by sub-sections (3) and (4),— (a) in the case of the first Bar Council of Himachal Pradesh under that Act, the fifteen members required to be elected under clause (b) of sub-section (2) of section 3 of that Act, as amended by sub-section (3), shall be nominated by the Chief Justice of the High Court of Himachal Pradesh from amongst advocates who are entitled as of right to practise in the High Court of Himachal Pradesh and are ordinarily practising within the territories comprised in the State of Himachal Pradesh and the term of office of the members so nominated shall be one year from the date of the first meeting of the Council or until their successors are duly elected in accordance with the provisions of the said Act, whichever is earlier; (b) until the members of the first Bar Council of Himachal Pradesh required to be nominated under clause (a) are duly nominated in accordance with the provisions of that clause, the Bar Council of Punjab and Haryana shall function as the Bar Council of Himachal Pradesh and the provisions of the Advocates Act shall, so far as may be, apply accordingly; (c) the names of persons entered on the roll of the Bar Council of Himachal Pradesh in accordance with the provisions of clause (a) of sub-section (1) of section 17 of the Advocates Act, as modified by sub-section (4), shall, as from the date or dates on which the names are so entered, stand removed from the roll of the Bar Council of Punjab and Haryana; (d) any proceedings which may be pending or which may be instituted against any person before or by the Bar Council of Punjab and Haryana immediately before his name is removed under clause (c) from the roll of that Bar Council may after such removal be continued or instituted before or by the Bar Council of Himachal Pradesh; (e) every person who immediately before his name stands removed from the roll of the Bar Council of Punjab and Haryana in accordance with the provisions of clause (c) is a member of the Bar Council of Punjab and Haryana shall cease to be a member of that Council as from the date on which his name stands so removed from the roll of that Bar Council; (f) the rules made or deemed to have been made by the Bar Council of Punjab and Haryana and in force immediately before the date on which the first Bar Council of Himachal Pradesh is duly constituted in accordance with the provisions of clause (a) shall, subject to such modifications and adaptations as may be made therein by the Chairman of the Bar Council of Himachal Pradesh, be deemed to be rules made by the Bar Council of Himachal Pradesh and shall have effect accordingly. (6) As soon as may be, after the first Bar Council of Himachal Pradesh is duly constituted in accordance with the provisions of clause (a) of sub-section (5), the assets and liabilities of the Bar Council of Punjab and Haryana shall be apportioned between that Bar Council and the Bar Council of Himachal Pradesh in such manner and proportion as may be agreed upon by the two Bar Councils and in default of agreement with reference to any matter, the matter shall be referred to the Chairman of the Bar Council of India and his decision thereon shall be final. _Explanation.—Expressions used in this section but not defined in this Act shall have the meanings_ assigned to them respectively in the Advocates Act. 9 ----- **25. Practice and procedure in High Court.—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 of Delhi shall, with the necessary modifications, apply in relation to the High Court of Himachal Pradesh. **26. Custody of seal of High Court.—The law in force immediately before the appointed day with** respect to the custody of the seal of the High Court of Delhi shall, with the necessary modifications, apply with respect to the custody of the seal of the High Court of Himachal Pradesh. **27. 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 of Delhi 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 Himachal Pradesh. **28. Powers of Judges.—The law in force immediately before the appointed day with respect to the** powers of the Chief Justice, single Judges and division courts of the High Court of Delhi 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 Himachal Pradesh. **29. Procedure as to appeals to Supreme Court.—The law in force immediately before the** appointed day relating to appeals to the Supreme Court from the High Court of Delhi and the Judges and division courts thereof, shall, with the necessary modifications, apply in relation to the High Court of Himachal Pradesh. **30. Transfer of proceedings from High Court of Delhi to High Court of Himachal** **Pradesh.—(1) Except as hereinafter provided, the High Court of Delhi shall, on and from the appointed** day, have no jurisdiction in respect of the territories comprised in the State of Himachal Pradesh. (2) Such proceedings pending in the High Court of Delhi immediately before the appointed 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 Himachal Pradesh shall, as soon as may be after such certification, be transferred to the High Court of Himachal Pradesh. (3) Notwithstanding anything contained in sub-sections (1) and (2) of this section or in section 23, but save as hereinafter provided, the High Court of Delhi shall have, and the High Court of Himachal Pradesh 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 Delhi before the appointed day: Provided that if, after any such proceedings have been entertained by the High Court of Delhi, it appears to the Chief Justice of that High Court that they ought to be transferred to the High Court of Himachal Pradesh, 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 of Delhi— (a) before the appointed day, in any proceedings transferred to the High Court of Himachal Pradesh by virtue of sub-section (2); or (b) in any proceedings with respect to which the High Court Delhi retains jurisdiction by virtue of sub-section (3), shall, for all purposes, have effect not only as an order of the High Court of Delhi, but also as an order made by the High Court of Himachal Pradesh. _Explanation.—For the purposes of this section—_ (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; 10 ----- (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. **31. Right to appear or to act in proceedings transferred to High Court of Himachal** **Pradesh.—Any person who, immediately before the appointed day, is an advocate entitled to practice in** the High Court of Delhi and was authorised to appear or to act in any proceedings transferred from that High Court to the High Court of Himachal Pradesh under section 30 shall have the right to appear or to act, as the case may be, in the High Court of Himachal Pradesh in relation to those proceedings. **32. Savings.—Nothing in this Part shall affect the application to the High Court of Himachal Pradesh** 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 V AUTHORISATION OF EXPENDITURE AND DISTRIBUTION OF REVENUES **33. Authorisation of expenditure pending its sanction by the Legislature.—(1) The President may,** at any time before the appointed day, authorise by order such expenditure from the Consolidated Fund of the State of Himachal Pradesh as he deems necessary for a period of not more than six months beginning with the appointed day, pending the sanction of such expenditure by the Legislative Assembly of the State of Himachal Pradesh: Provided that the Governor of Himachal Pradesh may, after the appointed day, authorise by order such further expenditure as he deems necessary from the Consolidated Fund of the State of Himachal Pradesh for any period not extending beyond the said period of six months. (2) The President or, as the case may be, the Governor of Himachal Pradesh shall make separate orders under sub-section (1) in respect of periods falling in different financial years. **34. Reports relating to the accounts of the existing Union territory of Himachal** **Pradesh.—(1) The reports of the Comptroller and Auditor-General of India referred to in section 49 of the** Government of Union Territories Act, 1963 (20 of 1963), relating to the accounts of the existing Union territory of Himachal Pradesh in respect of any period prior to the appointed day, shall be submitted to the Governor of Himachal Pradesh who shall cause them to be laid before the Legislative Assembly of the State. (2) The Governor may, by order,— (a) declare any expenditure incurred out of the Consolidated Fund of the existing Union territory of Himachal Pradesh on any service in respect of any period prior to the appointed day during the financial year 1970-71 or in respect of 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. **35. Allowances and privileges of Governor of Himachal Pradesh.—The allowances and privileges** of the Governor of Himachal Pradesh 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. **36. Distribution of revenues.—The President shall, by order, determine the grants-in-aid of the revenues** of the State of Himachal Pradesh and the share of that State in the Union duties of excise, estate duty and taxes on income and for that purpose amend thereby the relevant provisions of the Union Duties of Excise (Distribution) Act, 1962 (3 of 1962), the Additional Duties of Excise (Goods of Special Importance) Act, 1957 (58 of 1957), the Estate Duty (Distribution) Act, 1962 (9 of 1962), and the Constitution (Distribution of Revenues) Order, 1969 (C.O. 87), in such manner as he thinks fit. PART VI ASSETS AND LIABILITIES **37. Property, assets, rights, liabilities, obligations, etc.—(1) All such property and assets within the** existing Union territory of Himachal Pradesh as are held immediately before the appointed day by the 11 ----- Union for purposes of governance of that Union territory shall, on and from that day, pass to the State of Himachal Pradesh, unless the purposes for which such property and assets are so held are Union purposes: Provided that the cash balances in the treasuries in the Union territory of Himachal Pradesh before the appointed day shall, as from that day, vest in the State of Himachal Pradesh. (2) All rights, liabilities and obligation (other than those relatable to, or in connection with, a Union purpose), whether arising out of any contract or otherwise, which are, immediately before the appointed day,— (a) the rights, liabilities and obligations of the Central Government arising out of, or in connection with, the governance of the Union territory of Himachal Pradesh; or (b) the rights, liabilities and obligations of the Administrator of the existing Union territory of Himachal Pradesh in his capacity as such, or of the Government of that Union territory, shall, on and from the appointed day, be the rights, liabilities and obligations of the Government of the State of Himachal Pradesh. (3) The right to recover arrears of— (a) any tax or duty being a tax or duty enumerated in the State List in the Seventh Schedule to the Constitution, or (b) any duty referred to in article 268, or (c) any tax under the Central Sales Tax Act, 1956 (74 of 1956), which have fallen due in the existing Union territory of Himachal Pradesh shall pass to the State of Himachal Pradesh. (4) The provisions of this section shall not apply to or in relation to,— (a) any benefit or burden of any assets, rights, liabilities or obligations of the Union under the Punjab Reorganisation Act, 1966 (31 of 1966) attributable to the transferred territories as defined in the said Act; (b) any institution, undertaking or project the expenditure in relation to which is immediately before the appointed day met from out of the Consolidated Fund of India; (c) any property which has been placed by the Union at the disposal of the Administration of the existing Union territory of Himachal Pradesh subject to the condition that the ownership thereof will continue to vest in the Union. _Explanation.—For the purposes of this section—_ (a) “liability” includes liability in respect of any civil deposit, local fund deposit, charitable or other endowment, provident fund account, pension or actionable wrong; (b) “Union purposes” mean the purposes of Government relatable to any of the matters mentioned in the Union List. **38. Special provision as to transfer of assets, rights, liabilities, etc., of Union in relation to** **transferred territories under Act 31 of 1966.—(1) In this section, the expression “successor States” and** “transferred territories” have the meaning respectively assigned to them in the Punjab Reorganisation Act, 1966. (2) The Central Government may, by order, transfer to the State of Himachal Pradesh the benefit or burden of any assets rights, liabilities or obligations of the Union under the Punjab Reorganisation Act, 1966, in so far as such benefit or burden is, in the opinion of the Central Government, attributable to the transferred territories. (3) An order made under sub-section (2) may provide that the State of Himachal Pradesh shall be successor State in relation to the transferred territories for all or any of the purposes of the Punjab 12 ----- Reorganisation Act, 1966, or confer or impose on the State of Himachal Pradesh rights and obligations which correspond so far as may be to the rights and obligations conferred or imposed on the successor States by or under that Act. (4) Without prejudice to the provisions of section 49, the Central Government may, for the purpose of giving effect to the provisions of this section, by order, direct that the provisions of Part VI, Part VII, Part VIII and Part IX and connected provisions of the Punjab Reorganisation Act, 1966, shall have effect subject to such exceptions and modifications as may be specified in the order. PART VII PROVISIONS AS TO SERVICES **39. 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; (b) in relation to the Indian Police Service, has the meaning assigned to it in the Indian Police Service (Cadre) Rules, 1954; (c) in relation to the Indian Forest Service, has the meaning assigned to it in the Indian Forest Service (Cadre) Rules, 1966. (2) On and from the appointed day, there shall be constituted for the State of Himachal Pradesh a State cadre of the Indian Administrative Service, a State cadre of the Indian Police Service and a State cadre of the Indian Forest Service. (3) The initial strength and composition of each of the said State cadres shall be such as the Central Government may, by order, determine before the appointed day. (4) Such of the members of each of the said Services borne on the Union Territories cadre thereof immediately before the appointed day, as the Central Government may, by order, specify, shall be allocated to the State cadre of Himachal Pradesh of the same Service with effect from such date or dates as may be specified in the order. (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 or regulations made thereunder in relation to the State cadres of the said Services referred to in sub-section (2) or sub-section (4) and in relation to the members of those services borne on the State cadres. **40. Provision relating to certain Services.—(1) On and from the appointed day, there shall be** constituted for the State of Himachal Pradesh the following Services, namely:— (a) the Himachal Pradesh Administrative Service; and (b) the Himachal Pradesh Police Service. (2) The initial strength and composition of the cadres of the said Services shall be such as the Administrator of the existing Union territory of Himachal Pradesh may, with the approval of the Central Government, by order, determine before the appointed day. (3) On and from the appointed day, the existing Delhi, Himachal Pradesh and Andaman and Nicobar Islands Civil Service (hereinafter referred to as the existing Civil Service) shall be known as the Delhi and Andaman and Nicobar Islands Civil Service and Delhi, Himachal Pradesh and Andaman and Nicobar Islands Police Service (hereinafter referred to as the existing Police Service) shall be known as the Delhi and Andaman and Nicobar Islands Police Service. (4) Such members of the existing Civil Service as the Central Government may, by order, specify shall be allocated to the cadre of the Himachal Pradesh Administrative Service and such members of the existing Police Service as the Central Government may, by order, specify, shall be allocated to the cadre of the Himachal Pradesh Police Service and any such order may specify the date or dates from which the allocation made thereunder shall be effective. 13 ----- (5) All persons who are allocated under sub-section (4) and who immediately before the date on which they are allocated, are borne on a Select List for promotion to a State cadre of an All-India Service, shall be deemed to have been included in the same order as in that list in the Select List for promotion to the State cadre of the same Service constituted under sub-section (2) of section 39. (6) Subject to the foregoing provisions of this section, the rules and regulations applicable to or in relation to the members of the existing Civil Service and the existing Police Service as in force immeditefy before the appointed day shall, so far as may, be apply respectively to and in relation to the members of the Himachal Pradesh Administrative Service and the Himachal Pradesh Police Service, until altered, repealed or amended by the competent authority. (7) Every member of the Central Health Service who immediately before the appointed day is holding any post in the existing Union territory of Himachal Pradesh being a post included in the authorised strength of that Service, shall, until otherwise directed by the Central Government, be deemed to be on deputation, on and from the appointed day, to the Government of the State of Himachal Pradesh on the same terms and conditions of service as are applicable to him under the Central Health Service Rules, 1963, but without any deputation allowance: Provided that the period of such deputation shall in no case extend beyond a period of three years from the appointed day. _Explanation.—In this sub-section, “Central Health Service” means the Central Health Service_ constituted under the Central Health Service Rules, 1963. **41. 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 the Administrator of the Union territory of Himachal Pradesh shall, unless otherwise directed by an order of the Central Government, be deemed to have been allocated for service as from that day in connection with the affairs of the State of Himachal Pradesh: Provided that no directions shall be issued under this section after the expiry of a period of one year from the appointed day: Provided further that nothing in this section shall affect the operation of section 82 of the Punjab Reorganisation Act, 1966 (31 of 1966). (2) The provisions of this section shall not apply in relation to persons to whom the provisions of sections 39 and 40 apply. **42. Other provisions as to services.—(1) Nothing in this section or sections 40 and 41 shall be** deemed to affect on or after the appointed day the operations of the provisions of Chapter I of Part XIV of the Constitution in relation to determination of the conditions of service of persons serving in connection with the affairs of the State of Himachal Pradesh: Provided that the conditions of service applicable immediately before the appointed day in the case of any person referred to in section 40 or section 41 shall not be varied to his disadvantage except with the previous approval of the Central Government. (2) All services prior to the appointed day rendered by a person allocated under section 40 or deemed to have been allocated under section 41 in connection with the administration of Union territory of Himachal Pradesh, shall be deemed to have been rendered in connection with the affairs of the State of Himachal Pradesh for the purposes of the rules regulating his conditions of service. **43. Provisions as to continuance of officers in 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 administration of the Union territory of Himachal Pradesh, shall continue to hold the same post or office in the State of Himachal Pradesh and shall be deemed, on and from that day, to have been duly appointed to the post or office by the Government of, or other appropriate authority in, the State of Himachal Pradesh; 14 ----- Provided that nothing in this section shall be deemed to prevent a competent authority on or after the appointed day from passing in relation to such person any order affecting his continuance in such post or office. **44. Advisory Committees.—The Central Government may, by order establish one or more advisory** committees for the purpose of assisting it in regard to— (a) the discharge of its functions under this Part; and (b) the ensuring of fair and equitable treatment to all persons affected by the provisions of this Part and the proper consideration of any representations made by such persons. **45. Power of Central Government to give directions.—The Central Government may give such** directions to the Government of the State of Himachal Pradesh as may appear to it to be necessary for the purpose of giving effect to the foregoing provisions of this Part and also the provisions of Part IX of the Punjab Reorganisation Act, 1966 (31 of 1966), and the State Government shall comply with such directions. PART VIII LEGAL AND MISCELLANEOUS PROVISIONS **46. Amendment of article 210 and Article 239A.—On and from the appointed day—** (a) in article 210, in clause (2), the following proviso shall be inserted at the end, namely;— „Provided that in relation to the Legislature of the State of Himachal Pradesh this clause shall have effect as if for the words “fifteen years” occurring therein, the words “twenty-five years” were substituted.‟; (b) in article 239A, in clause (1), the words “Himachal Pradesh” shall be omitted. **47. Amendment of Act 37 of 1956.—On and from the appointed day, in clause (a) of section 15 of** the States Reorganisation Act, 1956,— (i) for the word “Punjab”, the words “Punjab, Himachal Pradesh” shall be substituted; (ii) for the words “Himachal Pradesh and Chandigarh”, the words “and Chandigarh” shall be substituted. **48. Amendment of Act 20 of 1963.—On and from the appointed day, in the Government of Union** Territories Act, 1963, in clause (b) of sub-section (1) of section 2 and in sub-section (2) of section 44, the words “Himachal Pradesh” shall be omitted. **49. Continuance of existing laws and their adaptation.—(1) All laws in force, immediately before** the appointed day, in the existing Union territory of Himachal Pradesh shall continue to be in force in the State of Himachal Pradesh until altered, repealed or amended by a competent Legislature or other competent authority. (2) For the purpose of facilitating the application in relation to the State of Himachal Pradesh of any law made before the appointed day, the appropriate Government may, within two years from that 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, as respects any law_ relating to a matter enumerated in the Union List in the Seventh Schedule to the Constitution, the Central Government; and as respects any other law, the Government of the State of Himachal Pradesh. **50. Power to construe laws.—Notwithstanding that no provision or insufficient provision has been** made under section 49 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 the State of Himachal Pradesh, construe the law in such manner not affecting the substance as 15 ----- may be necessary or proper in regard to the matter before the court, tribunal or authority, as the case may be. **51. Provisions as to continuance of courts, etc.—All courts and tribunals and all authorities** discharging lawful functions throughout the existing Union territory of Himachal Pradesh or any part thereof immediately before the appointed day shall, unless their continuance is inconsistent with the provisions of this Act or until other provision is made by a competent Legislature or other competent authority, continue to exercise their respective functions. **52. Effect of provisions of Act inconsistent with other laws.—The provisions of this Act shall have** effect notwithstanding anything inconsistent therewith contained in any other law. **53. Power to remove difficulties.—(1) 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. (2) Every order made under this section shall be laid before each House of Parliament. **54. 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) Every rule made under this section shall be laid as soon as may be after it is made before such House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or [1][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 “in two successive sessions, and if, before the expiry of the sessions in which it is so laid or the session immediately following” (w.e.f. 5-5-1986). 16 ----- THE FIRST SCHEDULE [See section 19(1)] AMENDMENT OF THE CONSTITUTION (SCHEDULED CASTES) ORDER, 1950 (1) In paragraph 2, for the figure “XIII”, the figure “XIV” shall be substituted, and in paragraph 4, for the portion beginning with the words, figures and letter “and any reference in Parts IVA and X of the Schedule” and ending with the words and figures “the first day of November, 1966”, the following shall be substituted, namely:— “any reference in Parts IVA and X of the Schedule to a State or to a district or other territorial division thereof shall be construed as a reference to the State, district or other territorial division constituted as from the first day of November, 1966; and any reference in Part XIV to a State or to a district or other territorial division thereof shall be construed as a reference to the State, district or other territorial division constituted as from the day appointed under clause (b) of section 2 of the State of Himachal Pradesh Act, 1970.” (2) In the Schedule, after Part XIII, the following Part shall be inserted, namely:— “PART XIV.—Himachal Pradesh 1. Throughout the State except the territories specified in sub-section (1) of section 5 of the Punjab Reorganisation Act, 1966 (31 of 1966):— 1. Ad-dharmi 2. Badhi or Nagalu 3. Bandhela 4. Balmiki, Chura or Bhangi 5. Bangali 6. Banjara 7. Bansi 8. Barad 9. Barar 10. Batwal 11. Bawaria 12. Bazigar 13. Bhanjra 14. Chamar, Mochi, Ramdasi, Ravidasi or Ramdasia 15. Chanal 16. Chhimbe (Dhobi) 17. Chuhre 18. Dagi 19. Daole 20. Darai or Daryai 21. Daule 22. Dhaki or Toori 23. Dhaogri or Dhuai 17 ----- 24. Doom or Doomna 25. Dumme (Bhanjre) 26. Hali 27. Hesi 28. Jogi 29. Julahe 30. Kabirpanthi, Julaha or Keer 31. Kamoh or Dagoli 32. Karoack 33. Khatik 34. Koli 35. Lohar 36. Mazhabi 37. Megh 38. Nat 39. Od 40. Pasi 41. Phrera 42. Rehar 43. Rehara 44. Sansi 45. Sapela 46. Sarde, Sarare or Siryare 47. Sarehde 48. Sikligar 49. Sipi 50. Sirkiband 51. Teli 52. Thathiar or Thathera. 2. In the territories specified in sub-section (1) of section 5 of the Punjab Reorganisation Act, 1966 (31 of 1966):— 1. Ad Dharmi 2. Bangali 3. Barar, Burar or Berar 4. Batwal 5. Bauria or Bawaria 6. Bazigar 18 ----- 7. Balmiki, Chura or Bhangi 8. Bhanjra 9. Charmar, Jatia Chamar, Rehgar, Raigar, Ramdasi or Ravidasi 10. Chanal 11. Dagi 12. Darain 13. Dhanak 14. Dhogri, Dhangri or Siggi 15. Dumna, Mahasha or Doom 16. Gagra 17. Gandhila or Gandil Gondola 18. Kabirpanthi or Julaha 19. Khatik 20. Kori or Koli 21. Marija or Marecha 22. Mazhabi 23. Megh 24. Nat 25. Od 26. Pasi 27. Perna 28. Pherera 29. Sanhai 30. Sanhal 31. Sansoi 32. Sansi, Bhedkut or Manesh 33. Sapela 34. Sarera 35. Sikligar 36. Sirkiband.”. 19 ----- THE SECOND SCHEDULE [See section 19(2)] AMENDMENT OF THE CONSTITUTION (SCHEDULED CASTES) (UNION TERRITORIES) ORDER, 1951 (1) In paragraph 4, for the words and figures “Parts II and V” in both the places where they occur, the word and figure “Part V” shall be substituted. (2) In the Schedule, Part II shall be omitted. ________ THE THIRD SCHEDULE [See section 20 (1)] AMENDMENT OF THE CONSTITUTION (SCHEDULED TRIBES) ORDER, 1950 (1) In paragraph 2 for the figure “XII”, the figure “XIII” shall be substituted, and in paragraph 3, for the portion beginning with the words, figures and letter “and any reference in Parts IV and VIIA” and ending with the words, figures and letters “as from the 1st day of May, I960”, the following shall be substituted, namely:— “any reference in Parts IV and VIIA of the Schedule to a State or to a district or other territorial division thereof shall be construed as a reference to the State, district or other territorial division constituted as from the 1st day of May, 1960; and any reference in Part XIII to a State or to a district or other territorial division thereof shall be construed as a reference to the State, district or other territorial division constituted as from the day appointed under clause (b) of section 2 of the State of Himachal Pradesh Act, 1970.”. (2) In the Schedule, after Part XII, the following Part shall be inserted, namely:— “PART XIII.—Himachal Pradesh 1. Throughout the State, except the territories specified in sub-section (1) of section 5 of the Punjab Reorganisation Act, 1966 (31 of 1966):— 1. Gaddi 2. Gujjar 3. Jad, Lamba, Khampa and Bhot or Bodh 4. Kanaura or Kinnara 5. Lahaula 6. Pangwala 2. In Lahaul and Spiti district:— 1. Gaddi 2. Swangla 3. Bhot or Bodh.”. 20 ----- THE FOURTH SCHEDULE [See section 20 (2)] AMENDMENT OF THE CONSTITUTION (SCHEDULED TRIBES) (UNION TERRITORIES) ORDER, 1951 (1) For paragraph 3, the following paragraph shall be substituted, namely:— “3. Any reference in this Order to a Union Territory shall be constituted as a reference to the territory constituted as a Union Territory as from the 1st day of November, 1956.”. (2) In the Schedule, Part I shall be omitted. 21 -----

10-Aug-1971

34

The Medical Termination of Pregnancy Act, 1971

https://www.indiacode.nic.in/bitstream/123456789/1593/1/A1971-34.pdf

central

# THE MEDICAL TERMINATION OF PREGNANCY ACT, 1971 _________ # ARRANGEMENT OF SECTIONS # Last updated: 16-12-2021 __________ # SECTIONS 1. Short title, extent and commencement. 2. Definitions. 3. When pregnancies may be terminated by registered medical practitioners. 4. Place where pregnancy may be terminated. 5. Sections 3 and 4 when not to apply. 5A. Protection of privacy of a woman. 6. Power to make rules. 7. Power to make regulations. 8. Protection of action taken in good faith. ----- # THE MEDICAL TERMINATION OF PREGNANCY ACT, 1971 # ACT NO. 34 OF 1971 [10th August, 1971.] # An Act to provide for the termination of certain pregnancies by registered medical practitioners and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Twenty-second Year of the Republic of India as follows:— **1. Short title, extent and commencement.—(1) This Act may be called the Medical Termination of** Pregnancy Act, 1971. (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. Definitions.—In this Act, unless the context otherwise requires,—** (a) “guardian” means a person having the care of the person of a minor or a [3][mentally ill person]; 4[(aa) “Medical Board” means the Medical Board constituted under sub-section (2C) of section 3 of the Act;] 5[(b) “mentally ill person” means a person who is in need of treatment by reason of any mental disorder other than mental retardation;] (c) “minor” means a person who, under the provisions of the Indian Majority Act, 1875 (9 of 1875), is to be deemed not to have attained his majority; (d) “registered medical practitioner” means a medical practitioner who possesses any recognised medical qualification as defined in clause (h) of section 2 of the Indian Medical Council Act, 1956 (102 of 1956), whose name has been entered in a State Medical Register and who has such experience or training in gynaecology and obstetrics as may be prescribed by rules made under this Act. 4[(e) “termination of pregnancy” means a procedure to terminate a pregnancy by using medical or surgical methods.] **3. When pregnancies may be terminated by registered medical practitioners. —(1)** Notwithstanding anything contained in the Indian Penal Code (45 of 1860), a registered medical practitioner shall not be guilty of any offence under that Code or under any other law for the time being in force, if any pregnancy is terminated by him in accordance with the provisions of this Act. 6[(2) Subject to the provisions of sub-section (4), a pregnancy may be terminated by a registered medical practitioner,— (a) where the length of the pregnancy does not exceed twenty weeks, if such medical practitioner is, or (b) where the length of the pregnancy exceeds twenty weeks but does not exceed twenty-four weeks in case of such category of woman as may be prescribed by rules made under this Act, if not less than two registered medical practitioners are, of the opinion, formed in good faith, that— 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 10- 2019). 2. 1st April, 1972, vide notification No. G.S.R. 285, dated 19th February, 1972, see Gazette of India, Part II, sec. 3 (i). 3. Subs. by Act 64 of 2002, s. 2, for “lunatic” (w.e.f. 18-6-2003). 4. Ins. by Act 8 of 2021, s. 2 (w.e.f. 24-9-2021). 5. Subs. by s. 2, ibid., for clause (b) (w.e.f. 18-6-2003). 6. Subs. by Act 8 of 2021, s. 3, for sub-section (2) (w.e.f. 24-9-2021). ----- (i) the continuance of the pregnancy would involve a risk to the life of the pregnant woman or of grave injury to her physical or mental health; or (ii) there is a substantial risk that if the child were born, it would suffer from any serious physical or mental abnormality. _Explanation 1.—For the purposes of clause (a), where any pregnancy occurs as a result of failure_ of any device or method used by any woman or her partner for the purpose of limiting the number of children or preventing pregnancy, the anguish caused by such pregnancy may be presumed to constitute a grave injury to the mental health of the pregnant woman. _Explanation 2.—For the purposes of clauses (a) and (b), where any pregnancy is alleged by the_ pregnant woman to have been caused by rape, the anguish caused by the pregnancy shall be presumed to constitute a grave injury to the mental health of the pregnant woman. (2A) The norms for the registered medical practitioner whose opinion is required for termination of pregnancy at different gestational age shall be such as may be prescribed by rules made under this Act. (2B) The provisions of sub-section (2) relating to the length of the pregnancy shall not apply to the termination of pregnancy by the medical practitioner where such termination is necessitated by the diagnosis of any of the substantial foetal abnormalities diagnosed by a Medical Board. (2C) Every State Government or Union territory, as the case may be, shall, by notification in the Official Gazette, constitute a Board to be called a Medical Board for the purposes of this Act to exercise such powers and functions as may be prescribed by rules made under this Act. (2D) The Medical Board shall consist of the following, namely:— (a) a Gynaecologist; (b) a Paediatrician; (c) a Radiologist or Sonologist; and (d) such other number of members as may be notified in the Official Gazette by the State Government or Union territory, as the case may be.] (3) In determining whether the continuance of a pregnancy would involve such risk of injury to the health as is mentioned in sub-section (2), account may be taken of the pregnant woman’s actual or reasonably foreseeable environment. (4) (a) No pregnancy of a woman, who has not attained the age of eighteen years, or, who having attained the age of eighteen years, is a [1][mentally ill person], shall be terminated except with the consent in writing of her guardian.] (b) Save as otherwise provided in clause (a), no pregnancy shall be terminated except with the consent of the pregnant woman. 2[4. Place where pregnancy may be terminated.—No termination of pregnancy shall be made in accordance with this Act at any place other than— (a) a hospital established or maintained by Government, or (b) a place for the time being approved for the purpose of this Act by Government or a District Level Committee constituted by that Government with the Chief Medical Officer or District Health Officer as the Chairperson of the said Committee: Provided that the District Level Committee shall consist of not less than three and not more than five members including the Chairperson, as the Government may specify from time to time.] 1. Subs. by Act 64 of 2002, s. 3, for “lunatic” (w.e.f. 18-6-2003). 2. Subs. by s. 4, ibid., for section 4 (w.e.f. 18-6-2003). ----- **5. Sections 3 and 4 when not to apply.—(1) The provisions of section 4, and so much of the** provisions of sub-section (2) of section 3 as relate to the length of the pregnancy and the opinion of not less than two registered medical practitioners, shall not apply to the termination of a pregnancy by a registered medical practitioner in a case where he is of opinion, formed in good faith, that the termination of such pregnancy is immediately necessary to save the life of the pregnant woman. 1[(2) Notwithstanding anything contained in the Indian Penal Code (45 of 1860), the termination of pregnancy by a person who is not a registered medical practitioner shall be an offence punishable with rigorous imprisonment for a term which shall not be less than two years but which may extend to seven years under that Code, and that Code shall, to this extent, stand modified. (3) Whoever terminates any pregnancy in a place other than that mentioned in section 4, shall be punishable with rigorous imprisonment for a term which shall not be less than two years but which may extend to seven years. (4) Any person being owner of a place which is not approved under clause (b) of section 4 shall be punishable with rigorous imprisonment for a term which shall not be less than two years but which may extend to seven years. _Explanation 1.—For the purposes of this section, the expression “owner” in relation to a place means_ any person who is the administrative head or otherwise responsible for the working or maintenance of a hospital or place, by whatever name called, where the pregnancy may be terminated under this Act. _Explanation 2.—For the purposes of this section, so much of the provisions of clause (d) of section 2_ as relate to the possession, by registered medical practitioner, of experience or training in gynaecology and obstetrics shall not apply.] 2[5A. Protection of privacy of a woman.—(1) No registered medical practitioner shall reveal the name and other particulars of a woman whose pregnancy has been terminated under this Act except to a person authorised by any law for the time being in force. (2) Whoever contravenes the provisions of sub-section (1) shall be punishable with imprisonment which may extend to one year, or with fine, or with both.] **6. 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) 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 experience or training, or both, which a registered medical practitioner shall have if he intends to terminate any pregnancy under this Act; and [3][(aa) the category of woman under clause (b) of sub-section (2) of section 3; (ab) the norms for the registered medical practitioner whose opinion is required for termination of pregnancy at different gestational age under sub-section (2A) of section 3; (ac) the powers and functions of the Medical Board under sub-section (2C) of section 3.] (b) such other matters as are required to be or may be, provided by rules made under this Act. (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 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 1. Subs. by Act 64 of 2002, s. 5, for sub-section (2) and the Explanation (w.e.f. 18-6-2003). 2. Ins. by Act 8 of 2021, s. 4 (w.e.f. 24-9-2021). 3. Ins. by Act s. 5, ibid. (w.e.f. 24-9-2021). ----- 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. Power to make regulations.—(1) The State Government may, by regulations,—** (a) require any such opinion as is referred to in sub-section (2) of section 3 to be certified by a registered medical practitioner or practitioners concerned, in such form and at such time as may be specified in such regulations, and the preservation or disposal of such certificates; (b) require any registered medical practitioner, who terminates a pregnancy, to give intimation of such termination and such other information relating to the termination as may be specified in such regulations; (c) prohibit the disclosure, except to such persons and for such purposes as may be specified in such regulations, of intimations given or information furnished in pursuance of such regulations. (2) The intimation given and the information furnished in pursuance of regulations made by virtue of clause (b) of sub-section (1) shall be given or furnished, as the case may be, to the Chief Medical Officer of the State. 1[(2A) Every regulation made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature.] (3) Any person who wilfully contravenes or wilfully fails to comply with the requirements of any regulation made under sub-section (1) shall be liable to be punished with fine which may extend to one thousand rupees. **8. Protection of action taken in good faith.—No suit or other legal proceeding shall lie against any** registered medical practitioner 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. 1. Ins. by Act 4 of 2005, s. 2 and the Schedule (w.e.f. 11-1-2005). -----

23-Aug-1971

40

The Public Premises (Eviction of Unauthorised Occupants) Act, 1971

https://www.indiacode.nic.in/bitstream/123456789/1609/1/A1971-40%202.pdf

central

THE PUBLIC PREMISES (EVICTION OF UNAUTHORISED OCCUPANTS) ACT, 1971 Last Updated 18-3-2020 ____________ ARRANGEMENT OF SECTIONS ____________ SECTIONS 1. Short title, extent and commencement. 2. Definitions. 3. Appointment of estate officers. 3A. Eviction from temporary occupation. 3B. Eviction from residential accommodation. 4. Issue of notice to show cause against order of eviction. 5. Eviction of unauthorised occupants. 5A. Power to remove unauthorised constructions, etc. 5B. Order of demolition of unauthorised construction. 5C. Power to seal unauthorised constructions. 6. Disposal of property left on public premises by unauthorised occupants. 7. Power to require payment of rent or damages in respect of public premises. 8. Powers of estate officers. 9. Appeals. 10. Finality of orders. 11. Offences and penalty. 11A. Offences under section 11 to be cognizable. 12. Power to obtain information. 13. Liability of heirs and legal representatives. 14. Recovery of rent, etc., as an arrear of land revenue. 15. Bar of jurisdiction. 16. Protection of action taken in good faith. 17. Delegation of powers. 18. Power to make rules. # 19. Repeal. 20. Validation. 1 ----- # THE PUBLIC PREMISES (EVICTION OF UNAUTHORISED OCCUPANTS) ACT, 1971 ACT NO. 40 OF 1971 [23rd August, 1971.] # An Act to provide for the eviction of unauthorised occupants from public premises and for certain incidental matters. BE it enacted by Parliament in the Twenty-second Year of the Republic of India as follows:— **1. Short title, extent and commencement.—(1) This Act may be called the Public Premises** (Eviction of Unauthorised Occupants) Act, 1971. (2) It extends to the whole of India. (3) It shall be deemed to have come into force on the 16th day of September, 1958 except sections 11, 19 and 20 which shall come into force at once. **2. Definitions.—In this Act, unless the context otherwise requires,—** 1* - - - (b) “estate officer” means an officer appointed as such by the Central Government under section 3; (c) “premises” means any land or 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, and (ii) any fittings affixed to such building or part of a building for the more beneficial enjoyment thereof; (d) “prescribed” means prescribed by rules made under this Act; [2][(e) “public premises” means— (1) any premises belonging to, or taken on lease or requisitioned by, or on behalf of the Central Government, and includes any such premises which have been placed by that Government, whether before or after the commencement of the Public Premises (Eviction of Unauthorised Occupants) Amendment Act, 1980 (61 of 1980) under the control of the Secretariat of either House of Parliament for providing residential accommodation to any member of the staff of that Secretariat; (2) any premises belonging to, or taken on lease by, or on behalf of,— (i) any company as defined in section 3 of the [3][the Companies Act, 2013 (18 of 2013)], in which not less than fifty-one per cent. of the paid-up share capital is held by the Central Government or any company which is a subsidiary (within the meaning of that Act) of the first-mentioned company; (ii) any corporation (not being a company as defined in section 3 of the [3][the Companies Act, 2013 (18 of 2013)], or a local authority) established by or under a Central Act and owned or controlled by the Central Government; 4[(iii) any company as defined in clause (20) of section 2 of the Companies Act, 2013 (18 of 2013) in which not less than fifty-one per cent. of the paid up capital is held partly by the Central Government and partly by one or more State Governments and includes a 1. Clause (a) omitted by Act 61 of 1980, s. 2 (w.e.f. 20-12-1980). 2. Subs. by s. 2, ibid., for clause (e) (w.e.f. 20-12-1980). 3. Subs. by Act 2 of 2015, s. 2, for “the Companies Act, 1956 (1 of 1956)” (w.e.f. 22-6-2015). 4. Subs. by s. 2, ibid., for item (iii) (w.e.f. 22-6-2015). 2 ----- company which is a subsidiary (within the meaning of that Act) of the first-mentioned company and which carries on the business of public transport including metro railway. _Explanation.—For the purposes of this item, “metro railway” shall have the same_ meaning as assigned to it in clause (i) of sub-section (1) of section 2 of the Metro Railway (Operation and Maintenance) Act, 2002 (60 of 2002); (iiia) any University established or incorporated by any Central Act,]; (iv) any Institute incorporated by the Institutes of Technology Act, 1961 (59 of 1961); 1[(v) any Board of Trustees or any successor company constituted under or referred to in the Major Port Trusts Act, 1963 (38 of 1963);] (vi) the Bhakra Management Board constituted under section 79 of the Punjab Reorganisation Act, 1966 (31 of 1966), and that Board as and when re-named as the Bhakra-Beas Management Board under sub-section (6) of section 80 of that Act, [2]***. 3[(vii) any State Government or the Government of any Union territory situated in the National Capital Territory of Delhi or in any other Union territory, (viii) any Cantonment Board constituted under the Cantonments Act, 1924 (2 of 1924); and] (3) in relation to the[ 4][National Capital Territory of Delhi],— (i) any premises belonging to the [5][Council as defined in clause (9) of section 2 of the New Delhi Municipal Council Act, 1994 (44 of 1994) or Corporation or Corporations notified under sub-section (1) of section 3 of the Delhi Municipal Corporation Act, 1957 (66 of 1957),] of Delhi, or any Municipal Committee or notified area committee, [2]*** (ii) any premises belonging to the Delhi Development Authority, whether such premises are in the possession of, or leased out by, the said Authority;] [6][and], 7[(iii) any premises belonging to, or taken on lease or requisitioned by, or on behalf of any State Government or the Government of any Union Territory,] 8[(iv) any premises belonging to, or taken on lease by, or on behalf of any Government company as defined in clause (45) of section 2 of the Companies Act, 2013 (18 of 2013). _Explanation.—For the purposes of this clause, the expression “State Government”_ occurring in clause (45) of the said section shall mean the Government of the National Capital Territory of Delhi;] 9[(4) any premises of the enemy property as defined in clause (c) of section 2 of the Enemy Property Act, 1968 (34 of 1968).] (f) “rent”, in relation to any public premises, means the consideration payable periodically for the authorised occupation of the premises, and includes— (i) any charge for electricity, water or any other services in connection with the occupation of the premises, (ii) any tax (by whatever name called) payable in respect of the premises, where such charge or tax is payable by the Central Government or the [10][statutory authority]; 1. Subs. by Act 2 of 2015, s. 2, for item (v) (w.e.f. 22-6-2015). 2. The word “and” omitted by Act 7 of 1994, s. 2 (w.e.f. 1-6-1994). 3. Ins. by s. 2, ibid. (w.e.f. 1-6-1994). 4. Subs. by s. 2, ibid., for “Union territory of Delhi” (w.e.f. 1-6-1994). 5. Subs. by Act 2 of 2015, s. 2, for “Municipal Corporation” (w.e.f. 22-6-2015). 6. The word “and” added by Act 7 of 1994, s. 2 (w.e.f. 1-6-1994). 7. Ins. by s. 2, ibid. (w.e.f. 1-6-1994). 8. Ins. by Act 2 of 2015, s. 2 (w.e.f. 22-6-2015). 9. Ins. by Act 3 of 2017, s. 20 (w.e.f. 7-1-2016). 10. Subs. by Act 61 of 1980, s. 2, for “corporate authority” (w.e.f. 20-12-1980). 3 ----- 1[(fa) “residential accommodation occupation" in relation to any public premises means occupation by any person on grant of licence to him to occupy such premises on the basis of an order of allotment for a fixed tenure or for a period he holds office, in accordance with the rules and instructions issued in this regard, made under the authority of the Central Government, a State Government, a Union territory Administration or a statutory authority, as the case may be;] 2[ 3[(fb)] “statutory authority”, in relation to the public premises referred to in clause (e) of this section, means,— (i) in respect of the public premises placed under the control of the Secretariat of either House of Parliament, the Secretariat of the concerned House of Parliament, (ii) in respect of the public premises referred to in item (i) of sub-clause (2) [4][and in item (iv) of sub-clause (3)] of that clause, the company or the subsidiary company, as the case may be, referred to therein, (iii) in respect of the public premises referred to in item (ii) of sub-clause (2) of that clause, the corporation referred to therein, (iv) in respect of the public premises referred to, respectively, in items (iii), (iv), (v) and (vi) of sub-clause (2) of that clause, the University, Institute or Board, as the case may be, referred to therein, and (v) in respect of the public premises referred to in sub-clause (3) of that clause, the [5][Council, Corporation or Corporations], Committee or Authority, as the case may be, referred to in that sub-clause;] 6[ 7[(fc)] “temporary occupation” in relation to any public premises, means occupation by any person on the the basis of an order of allotment made under the authority of the Central Government, a State Government, the Government of a Union territory or a statutory authority for a total period (including the extended period, if any) which is less than thirty days;] (g) “unauthorised occupation”, in relation to any public premises, means the occupation by any person of the public premises without authority for such occupation, and includes the continuance in occupation by any person of the public premises after the authority (whether by way of grant or any other mode of transfer) under which he was allowed to occupy the premises has expired or has been determined for any reason whatsoever. **3. Appointment of estate officers.—The Central Government may, by notification in the Official** Gazette,— (a) appoint such persons, being gazetted officers of Government [8][or of the Government of any Union Territory] or officers of equivalent rank of the [9][statutory authority], as it thinks fit, to be estate officers for the purposes of this Act; [10]*** 11[Provided that no officer of the Secretariat of the Rajya Sabha shall be so appointed except after consultation with the Chairman of the Rajya Sabha and no officer of the Secretariat of the Lok Sabha shall be so appointed except after consultation with the Speaker of the Lok Sabha: Provided further that an officer of a statutory authority shall only be appointed as an estate officer in respect of the public premises controlled by that authority; [12]***] 13[Provided also that the Custodian, Deputy Custodian and Assistant Custodian of the enemy property appointed under section 3 of the Enemy Property Act, 1968 (34 of 1968), shall be deemed to have been appointed as the Estate Officer in respect of those enemy property, being the public premises, referred to in sub-clause (4) of clause (e) of section 2 of this Act for which they had been appointed as the Custodian, Deputy Custodian and Assistant Custodian under section 3 of the Enemy Property Act, 1968.] (b) define the local limits within which, or the categories of public premises in respect of which, the estate officers shall exercise the powers conferred, and perform the duties imposed, on estate officers by or under this Act. 1. Ins. by Act 36 of 2019, s. 2 (w.e.f. 15-9-2019). 2. Ins. by Act 61 of 1980, s. 2 (w.e.f. 20-12-1980). 3. Clause (fa) renumbered as clause (fb) by Act 36 to 2019, s. 2 (w.e.f. 15-9-2019). 4. Ins. by Act 2 of 2015, s. 2 (w.e.f. 22-6-2015). 5. Subs. by s. 2, ibid., for “Corporation” (w.e.f. 22-6-2015). 6. Ins. by Act 7 of 1994, s. 2 (w.e.f. 1-6-1994). 7. Clause (fb) renumbered as clause (fc) by Act 36 of 2019, s. 2 (w.e.f. 15-9-2019). 8. Ins. by Act 7 of 1994, s. 3 (1-6-1994). 9. Subs. by Act 61 of 1980, s. 2, for “corporate authority” (w.e.f. 20-12-1980). 10. The word “and” omitted by s. 3, ibid. (w.e.f. 20-12-1980). 11. Provisos added by s. 3, ibid. (w.e.f. 20-12-1980). 12. The word “and” omitted by Act 3 of 2017, s. 20 (w.e.f. 7-1-2016). 13. Ins. by s. 20, ibid. (w.e.f. 7-1-2016). 4 ----- 1[3A. Eviction from temporary occupation.—Notwithstanding anything contained in section 4 or section 5, if the estate officer, after making such inquiry as he deems expedient in the circumstances of the case, is satisfied that any persons who were allowed temporary occupation of any public premises are in unauthorised occupation of the said premises, he may, for reasons to be recorded in writing, make an order for the eviction of such persons forthwith and, thereupon, if such persons refuse or fail to comply with the said order of eviction, he may evict them from the premises and take possession thereof and may, for that purpose, use such force as may be necessary.] 2[3B. Eviction from residential accommodation.—(1) Notwithstanding anything contained in section 4 or section 5, if the estate officer has information that any person, who was granted residential accommodation occupation, is in unauthorised occupation of the said residential accommodation, he shall— (a) forthwith issue notice in writing calling upon such person to show cause within a period of three working days why an order of eviction should not be made; (b) cause the notice to be served by having it affixed on the outer door or some other conspicuous part of the said residential accommodation, and in such other manner as may be prescribed, whereupon the notice shall be deemed to have been served upon such person. (2) The estate officer shall, after considering the cause, if any, shown by the person on whom the notice is served under sub-section (1) and after making such inquiry as it deems expedient in the circumstances of the case, for reasons to be recorded in writing, make an order of eviction of such person. (3) If the person in unauthorised occupation refuses or fails to comply with the order of eviction referred to in sub-section (2), the estate officer may evict such person from the residential accommodation and take possession thereof and may, for that purpose, use such force as may be necessary.] **4. Issue of notice to show cause against order of eviction.—[3][(1) If the estate officer has** information that any person is in unauthorised occupation of any public premises and that he should be evicted, the estate officer shall issue in the manner hereinafter provided a notice in writing within seven working days from the date of receipt of the information regarding the unauthorised occupation calling upon the person concerned to show cause why an order of eviction should not be made. (1A) If the estate officer knows or has reasons to believe that any person is in unauthorised occupation of the public premises, then, without prejudice to the provisions of sub-section (1), he shall forthwith issue a notice in writing calling upon the person concerned to show cause why an order of eviction should not be made. (1B) Any delay in issuing a notice referred to in sub-sections (1) and (1A) shall not vitiate the proceedings under this Act.] (2) The notice shall— (a) specify the grounds on which the order of eviction is proposed to be made; and 4[(b) require all persons concerned, that is to say, all persons who are, or may be, in occupation of, or claim interest in, the public premises,— (i) to show cause, if any, against the proposed order on or before such date as is specified in the notice, being a date not [5][later than] seven days from the date of issue thereof, and (ii) to appear before the estate officer on the date specified in the notice along with the evidence which they intend to produce in support of the cause shown, and also for personal hearing, if such hearing is desired.] 1. Ins. by Act 7 of 1994, s. 4 (w.e.f. 1-6-1994). 2. Ins. by Act 36 of 2019, s. 3 (w.e.f. 15-9-2019). 3. Subs. by Act 2 of 2015, s. 3, for sub-section (1) (w.e.f. 22-6-215). 4. Subs. by Act 61 of 1980, s. 4, for clause (b) (w.e.f. 20-12-1980). 5. Subs. by Act 2 of 2015, s. 3, for “earlier than” (w.e.f. 22-6-2015). 5 ----- (3) The estate officer shall cause the notice to be served by having it affixed on the outer door or some other conspicuous part of the public premises, and in such other manner as may be prescribed, whereupon the notice shall be deemed to have been duly given to all persons concerned. 1* - - - **5. Eviction of unauthorised occupants.—[2][(1) If, after considering the cause, if any, shown by any** person in pursuance of a notice under section 4 and any evidence produced by him in support of the same and after personal hearing, if any, given under sub-clause (ii) of clause (b) of sub-section (2) of section 4, the estate officer is satisfied that the public premises are in unauthorised occupation, the estate officer shall make an order of eviction, for reasons to be recorded therein, directing that the public premises shall be vacated, on such date as may be specified in the order but not later than fifteen days from the date of the order, by all persons who may be in occupation thereof or any part thereof, and cause a copy of the order to be affixed on the outer door or some other conspicuous part of the public premises: Provided that every order under this sub-section shall be made by the estate officer as expeditiously as possible and all endeavour shall be made by him to issue the order within fifteen days of the date specified in the notice under sub-section (1) or sub-section (1A), as the case may be, of section 4.] (2) If any person refuses or fails to comply with the order of eviction [3][on or before the date specified in the said order or within fifteen days of the date of its publication under sub-section (1), whichever is later,] the estate officer or any other officer duly authorised by the estate officer in this behalf [4][may after the date so specified or after the expiry of the period aforesaid, whichever is later, evict that person] from, and take possession of, the public premises and may, for that purpose, use such force as may be necessary. 5[Provided that if the estate officer is satisfied, for reasons to be recorded in writing, that there exists any compelling reason which prevents the person from vacating the premises within fifteen days, the estate officer may grant another fifteen days from the date of expiry of the order under sub-section (1) to the person to vacate the premises.] 6[5A. power to remove unauthorised constructions, etc.—(1) No person shall— (a) erect or place or raise any building or [7][any movable or immovable structure or fixture] (b) display or spread any goods, (c) bring or keep any cattle or other animal, on, or against, or in front of, any public premises except in accordance with the authority (whether by way of grant or any other mode of transfer) under which he was allowed to occupy such premises. 8[(2) Where any building or other immovable structure or fixture has been erected, placed or raised on on any public premises in contravention of the provisions of sub-section (1), the estate officer may serve upon the person erecting such building or other structure or fixture, a notice requiring him either to remove, or to show cause why he shall not remove such building or other structure or fixture from the public premises within such period, not being less than seven days, as he may specify in the notice; and on the omission or refusal of such person either to show cause, or to remove such building or other structure or fixture from the public premises, or where the cause shown is not, in the opinion of the estate officer, sufficient, the estate officer may, by order, remove or cause to be removed the building or other structure or fixture from the public premises and recover the cost of such removal from the person aforesaid as an arrear of land revenue. 1. Sub-section (4) omitted by Act 7 of 1994, s. 5 (w.e.f. 1-6-1994). 2. Subs. by Act 2 of 2015, s. 4, for sub-section (1) (w.e.f. 22-6-2015). 3. Subs. by Act 61 of 1980, s. 5, for certain words (w.e.f. 20-12-1980). 4. Subs. by s. 5, ibid., for “may evict that person” (w.e.f. 20-12-1980). 5. Ins. by Act 2 of 2015, s. 4 (w.e.f. 22-6-2015). 6. Ins. by Act 61 of 1980, s. 6 (w.e.f. 20-12-1980). 7. Subs. by Act 35 of 1984, s. 2, for “other structure or fixture” (w.e.f. 13-11-1984). 8. Subs. by s. 2, ibid., for sub-section (2) (w.e.f. 13-11-1984). 6 ----- (3) Where any movable structure or fixture has been erected, placed or raised, or any goods have been displayed or spread, or any cattle or other animal has been brought or kept, on any public premises, in contravention of the provisions of sub-section (1) by any person, the estate officer may, by order, remove or cause to be removed without notice, such structure, fixture, goods, cattle or other animal, as the case may be, from the public premises and recover the cost of such removal from such person as an arrear of land revenue.] **5B. Order of demolition of unauthorised construction.—(1) Where the erection of any building or** execution of any work has been commenced, or is being carried on, or has been completed, on any public premises by any person in occupation of such public premises under an authority (whether by way of grant or any other mode of transfer), and such erection of building or execution of work is in contravention of, or not authorised by, such authority, then, the estate officer may, in addition to any other action that may be taken under this Act or in accordance with the terms of the authority aforesaid, make an order, for reasons to be recorded therein, directing that such erection or work shall be demolished by the person at whose instance the erection or work has been commenced, or is being carried on, or has been completed, within such period, as may be specified in the order [1]*** Provided that no order under this sub-section shall be made unless the person concerned has been given, by means of a notice [2][of not less than seven days] served in the prescribed manner, a reasonable opportunity of showing cause why such order should not be made. (2) Where the erection or work has not been completed, the estate officer may, by the same order or by a separate order, whether made at the time of the issue of the notice under the proviso to sub-section (1) or at any other time, direct the person at whose instance the erection or work has been commenced, or is being carried on, to stop the erection or work until the expiry of the period within which an appeal against the order of demolition, if made, may be preferred under section 9. (3) The estate officer shall cause every order made under sub-section (1), or, as the case may be, under sub-section (2), to be affixed on the outer door, or some other conspicuous part, of the public premises. (4) Where no appeal has been preferred against the order of demolition made by the estate officer under sub-section (1) or where an order of demolition made by the estate officer under that sub-section has been confirmed on appeal, whether with or without variation, the person against whom the order has been made shall comply with the order within the period specified therein, or, as the case may be, within the period, if any, fixed by the appellate officer on appeal, and, on the failure of the person to comply with the order within such period, the estate officer or any other officer duly authorised by the estate officer in this behalf, may cause the erection or work to which the order relates to be demolished. (5) Where an erection or work has been demolished, the estate officer may, by order, require the person concerned to pay the expenses of such demolition within such time, and in such number of instalments, as may be specified in the order.] **3[5C. Power to seal unauthorised constructions.—(1) It shall be lawful for the estate officer, at any** time, before or after making an order of demolition under section 5B, to make an order directing the sealing of such erection or work or of the public premises in which such erection or work has been commenced or is being carried on or has been completed in such manner as may be prescribed, for the purpose of carrying out the provisions of this Act, or for preventing any dispute as to the nature and extent of such erection or work. (2) Where any erection or work or any premises in which any erection or work is being carried on has, or have been sealed, the estate officer may, for the purpose of demolishing such erection or work in accordance with the provisions of this Act, order such seal to be removed. (3) No person shall remove such seal except— 1. Certain words, brackets and figure omitted by Act 35 of 1984, s. 3 (w.e.f. 13-11-1984). 2. Ins. by s. 3, ibid. (w.e.f. 13-11-1984). 3. Ins. by s. 4, ibid. (w.e.f. 13-11-1984). 7 ----- (a) under an order made by the estate officer under sub-section (2); or (b) under an order of the appellate officer made in an appeal under this Act.] **6. Disposal of property left on public premises by unauthorised occupants.—(1) Where any** persons have been evicted from any public premises under section 5 [1][or where any building or other work has been demolished under section 5B], the estate officer may, after giving fourteen days’ notice to the persons from whom possession of the public premises has been taken and after publishing the notice in at least one newspaper having circulation in the locality, remove or cause to be removed or dispose of by public auction any property remaining on such premises. 1[(1A) Where any goods, materials, cattle or other animal have been removed from any public premises under section 5A, the estate officer may, after giving fourteen days' notice to the persons owning such goods, materials, cattle or other animal and after publishing the notice in at least one newspaper having circulation in the locality, dispose of, by public auction, such goods, materials, cattle or other animal. (1B) Notwithstanding anything contained in sub-section (1) and (1A), the giving or publication of any notice referred to therein shall not be necessary in respect of any property which is subject to speedy and natural decay, and the estate officer may, after recording such evidence as he may think fit, cause such property to be sold or otherwise disposed of in such manner as he may think fit.] (2) Where any property is sold under sub-section (1), the sale proceeds thereof shall, after deducting the expenses of the sale and the amount, if any, due to the Central Government or the [2][statutory authority] on account of arrears of rent or damages or costs, be paid to such person or persons as may appear to the estate officer to be entitled to the same: Provided that where the estate officer is unable to decide as to the person or persons to whom the balance of the amount is payable or as to the apportionment of the same, he may refer such dispute to the civil court of competent jurisdiction and the decision of the court thereon shall be final. 1[(2A) The expression “costs”, referred to in sub-section (2), shall include the cost of removal recoverable under section 5A and the cost of demolition recoverable under section 5B.] **7. Power to require payment of rent or damages in respect of public premises.—(1) Where any** person is in arrears of rent payable in respect of any public premises, the estate officer may, by order, require that person to pay the same within such time and in such instalments as may be specified in the order. (2) Where any person is, or has at any time been, in unauthorised occupation of any public premises, the estate officer may, having regard to such principles of assessment of damages as may be prescribed, assess the damages on account of the use and occupation of such premises and may, by order, require that person to pay the damages within such time and in such instalments as may be specified in the order. 3[(2A) While making an order under sub-section (1) or sub-section (2), the estate officer may direct that the arrears of rent or, as the case may be, damages shall be payable together with [4][compound interest] at such rate as may be prescribed, not being a rate exceeding the current rate of interest within the meaning of the Interest Act, 1978 (14 of 1978).] (3) No order under sub-section (1) or sub-section (2) shall be made against any person until after the issue of a notice in writing to the person calling upon him to show cause [5][within seven days from the date of issue thereof], why such order should not be made, and until his objections, if any, and any evidence he may produce in support of the same, have been considered by the estate officer. 1. Ins. by Act 61 of 1980, s. 7 (w.e.f. 20-12-1980). 2. Subs. by s. 2, ibid., for “corporate authority” (w.e.f. 20-12-1980). 3. Ins. by s. 8, ibid. (w.e.f. 20-12-1980). 4. Subs. by Act 2 of 2015, s. 5, for “simple interest” (w.e.f. 22-6-2015). 5. Subs. by s. 5, ibid., for certain words (w.e.f. 22-6-2015). 8 ----- 1[(3A) If the person in unauthorised occupation of residential accommodation challenges the eviction order passed by the estate officer under sub-section (2) of section 3B in any court, he shall pay damages for every month for the residential accommodation held by him.] 2 [(4) Every order under this section shall be made by the estate officer as expeditiously as possible and all endeavour shall be made by him to issue the order within fifteen days of the date specified in the notice.] **8. Powers of estate officers.—An estate officer shall, for the purpose of holding any inquiry under** this Act, have the same powers as are 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 any person and examining him on oath; (b) requiring the discovery and production of documents; (c) any other matter which may be prescribed. **9. Appeals.—(1) An appeal shall lie from every order of the estate officer made in respect of any** public premises under [3][section 5 or section 5B] [4][or section 5C] or section 7 to an appellate officer who shall be the district judge of the district in which the public premises are situate or such other judicial officer in that district of not less than ten years standing as the district judge may designate in this behalf. (2) An appeal under sub-section (1) shall be preferred,— (a) in the case of an appeal from an order under section 5, [5][within twelve days] from the date of publication of the order under sub-section (1) of that section; [6]*** (b) in the case of an appeal from an order [7][under section 5B or section 7, within twelve days] from the date on which the order is communicated to the appellant; [8][and] 4[(c) in the case of an appeal from an order under section 5C, within twelve days from the date of such order:] 9[Provided that the appellate officer may entertain the appeal in exceptional cases after the expiry of the said period, if he is satisfied for reasons to be recorded in writing that there was compelling reasons which prevented the person from filing the appeal in time.] (3) Where an appeal is preferred from an order of the estate officer, the appellate officer may stay the enforcement of that order for such period and on such conditions as he deems fit: 10[Provided that where the construction or erection of any building or other structure or fixture or execution of any other work was not completed on the day on which an order was made under section 5B for the demolition or removal of such building or other structure or fixture, the appellate officer shall not make any order for the stay of enforcement of such order, unless such security, as may be sufficient in the opinion of the appellate officer, has been given by the appellant for not proceeding with such construction, erection or work pending the disposal of the appeal.] 11[(4) Every appeal under this section shall be disposed of by the appellate officer as expeditiously as possible and every endeavour shall be made to dispose of the appeal finally within one month from the date of filing the appeal, after providing the parties an opportunity of being heard.] (5) The costs of any appeal under this section shall be in the discretion of the appellate officer. 1. Ins. by Act 36 of 2019, s. 4 (w.e.f. 15-9-2019). 2. Ins. by Act 2 of 2015, s. 5 (w.e.f. 22-6-2015) 3. Subs. by Act 61 of 1980, s. 9, for “section 5” (w.e.f. 20-12-1980). 4. Ins. by Act 35 of 1984, s. 5 (w.e.f. 13-11-1984). 5. Subs. by Act 61 of 1980, s. 9, for “within fifteen days” (w.e.f. 20-12-1980). 6. The word “and” omitted by Act 35 of 1984, s. 5 (w.e.f. 13-11-1984). 7. Subs. by Act 61 of 1980, s. 9, for “under section 7, within fifteen days” (w.e.f. 20-12-1980). 8. Ins. by Act 35 of 1984, s. 5 (w.e.f. 13-11-1984). 9. Ins. by Act 2 of 2015, s. 6 (w.e.f. 22-6-2015). 10. The proviso added by Act 61 of 1980, s. 9 (w.e.f. 20-12-1980). 11. Subs. by Act 2 of 2015, s. 6, for sub-section (4) (w.e.f. 22-6-2015). 9 ----- (6) For the purposes of this section, a presidency-town shall be deemed to be a district and the chief judge or the principal judge of the city civil court therein shall be deemed to be the district judge of the district. **10. Finality of orders.—Save as otherwise expressly provided in this Act, every order made by an** estate officer or appellate officer under this Act shall be final and shall not be called in question in any original suit, application or execution proceeding and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act. **11.** **Offences and penalty.—[1][(1) If any person unlawfully occupies any public premises, he shall be** be punishable with simple imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both: Provided that a person who, having been lawfully in occupation of any public premises by virtue of any authority (whether by way of grant, allotment or by any other mode whatsoever) continues to be in occupation of such premises after such authority has ceased to be valid, shall not be guilty of such offence.] 2[(2)] If any person who has been evicted from any public premises under this Act again occupies the premises without authority for such occupation, he shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to [3][five thousand rupees], or with both. [2][(3)] Any magistrate convicting a person under [4][sub-section (2)] may make an order for evicting that person summarily and he shall be liable to such eviction without prejudice to any other action that may be taken against him under this Act. 5[11A. Offences under section 11 to be cognizable.—The Code of Criminal Procedure, 1973 (2 of 1974), shall apply to an offence under section 11 as if it were a cognizable offence— (i) for the purposes of investigation of such offence, and (ii) for the purposes of matters, other than— (1) matters referred to in section 42 of that Code, and (2) arrest of a person except on the complaint of, or upon information received from,— (a) a Group A officer as may be appointed by the Central Government, in the case of an offence in relation to the public premises specified in sub-clause (1) of clause (e) of section 2; (b) an officer equivalent to the rank of a Group A officer of the Central Government or where it is not possible to specify an officer of such equivalent rank, such executive officer as may be appointed by the statutory authority in the case of an offence in relation to the public premises specified in sub-clause (2) of clause (e) of section 2; (c) such Deputy Commissioner, in the case of an offence in relation to the public premises belonging to the Municipal Corporation of Delhi, as may be appointed by the Administrator of the Union territory of Delhi; (d) the Secretary, New Delhi Municipal Committee, in the case of an offence in relation to the public premises belonging to the New Delhi Municipal Committee; (e) the Secretary of a notified area committee, in the case of an offence in relation to the public premises belonging to that committee; 1. Ins. by Act 35 of 1984, s. 6 (w.e.f. 13-11-1984). 2. Sub-sections (1) and (2) renumbered as sub-sections (2) and (3) thereof by s.6, ibid. (w.e.f. 13-11-1984). 3. Subs. by s. 6, ibid., for “one thousand rupees” (w.e.f. 13-11-1984). 4. Subs. by s. 6, ibid., for “sub-section (1)” (w.e.f. 13-11-1984). 5. Ins. by Act 35 of 1984, s. 7 (w.e.f. 13-11-1984). 10 ----- (f) such Director, in the case of an offence in relation to the public premises belonging to the Delhi Development Authority, as may be appointed by the Administrator of the Union territory of Delhi.] **12. Power to obtain information.—If the estate officer has reason to believe that any persons are in** unauthorised occupation of any public premises, the estate officer or any other officer authorised by him in this behalf may require those persons or any other person to furnish information relating to the names and other particulars of the persons in occupation of the public premises and every person so required shall be bound to furnish the information in his possession. **13. Liability of heirs and legal representatives.—(1) Where any person against whom any** proceeding for the determination of arrears of rent or for the assessment of damages [1][or for the determination of the amount payable by way of interest on such arrears of rent or damages] is to be or has been taken dies before the proceeding is taken or during the pendency thereof, the proceeding may be taken or, as the case may be, continued against the heirs or legal representatives of that person. 1[(1A) Where any person from whom any cost of removal of any building or other structure or fixture, or, as the case may be, any goods, cattle or other animal is to be recovered under sub-section (2) [2][or subsection (3)] of section 5A, or any expenses of demolition are to be recovered under sub-section (5) of section 5B, dies before any proceeding is taken for the recovery of such cost or during the pendency thereof, the proceeding may be taken or, as the case may be, continued against the heirs or legal representatives of that person.] (2) Any amount due to the Central Government or the [3][statutory authority] from any person whether by way of arrears of [4][rent or damages or costs of removal referred to in section 5A or expenses of demolition referred to in section 5B or interest referred to in sub- section (2A) of section 7 or any other cost] shall, after the death of the person, be payable by his heirs or legal representatives but their liability shall be limited to the extent of the assets of the deceased in their hands. **14. Recovery of rent, etc., as an arrear of land revenue.—If any person refuses or fails to pay [5][the** 5[the expenses of demolition payable under sub-section (5) of section 5B or] the arrears of rent payable under sub-section (1) of section 7 or the damages payable under sub-section (2) [5][or the interest determined under sub-section (2A)] of that section or the costs awarded to the Central Government or the 3[statutory authority] under sub-section (5) of section 9 or any 6[portion of such rent, damages, expenses, interest] or costs, within the time, if any, specified therefor in the order relating thereto, the estate officer may issue a certificate for the amount due to the Collector who shall proceed to recover the same as an arrear of land revenue. 7[15. Bar of jurisdiction.—No court shall have jurisdiction to entertain any suit or proceeding in respect of— (a) the eviction of any person who is in unauthorised occupation of any public premises, or (b) the removal of any building, structure or fixture or goods, cattle or other animal from any public premises under section 5A, or (c) the demolition of any building or other structure made, or ordered to be made, under section 5B, or 8[(cc) the sealing of any erection or work or of any public premises under section 5C, or] (d) the arrears of rent payable under sub-section (1) of section 7 or damages payable under sub-section (2), or interest payable under sub-section (2A), of that section, or 1. Ins. by Act 61 of 1980, s. 10 (w.e.f. 20-12-1980). 2. Ins. by Act 35 of 1984, s. 8 (w.e.f. 13-11-1984). 3. Subs. by Act 61 of 1980, s. 2, for “corporate authority” (w.e.f. 20-12-1980). 4. Subs. by s. 10, ibid., for “rent or damages or costs” (w.e.f. 20-12-1980). 5. Ins. by s. 11, ibid. (w.e.f. 20-12-1980). 6. Subs. by s. 11, ibid., for “portion of such rent, damages” (w.e.f. 20-12-1980). 7. Subs. by s. 12, ibid., for section 15 (w.e.f. 20-12-1980). 8. Ins. by Act 35 of 1984, s. 9 (w.e.f. 13-11-1984). 11 ----- (e) the recovery of— (i) costs of removal of any building, structure or fixture or goods, cattle or other animal under section 5A, or (ii) expenses of demolition under section 5B, or (iii) costs awarded to the Central Government or statutory authority under sub-section (5) of section 9, or (iv) any portion of such rent, damages, costs of removal, expenses of demolition or costs awarded to the Central Government or the statutory authority.] **16. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall** lie against the Central Government or the [1][statutory authority] or the appellate officer or the estate officer 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. **17. Delegation of powers.—The Central Government may, by notification in the Official Gazette,** direct that any power exercisable by it under this Act shall, subject to such conditions if any, as may be specified in the notification be exercisable also by a State Government or an officer of the State Government or an officer of the State Government. **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) the form of any notice required or authorised to be given under this Act and the manner in which it may be served; (b) the holding of inquiries under this Act; (c) the distribution and allocation of work to estate officers and the transfer of any proceeding pending before an estate officer to another estate officer; (d) the procedure to be followed in taking possession of public premises; (e) the manner in which damages for unauthorised occupation may be assessed and the principles which may be taken into account in assessing such damages; 2[(ee) the manner in which the sealing of any erection or work or of any public premises shall be made under sub-section (1) of section 5C;] 3[(ea) the rate at which interest shall be payable on arrears of rent specified in any order made under sub-section (1) of section 7, or damages assessed under sub-section (2) of that section;] (f) the manner in which appeals may be preferred and the procedure to be followed in appeals; (g) any other matter which has 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 [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. 1. Subs. by Act 61 of 1980, s. 2, for “corporate authority” (w.e.f. 20-12-1980). 2. Ins. by Act 35 of 1984, s. 10 (w.e.f. 13-11-1984). 3. Ins. by Act 61 of 1980, s. 13 (w.e.f. 20-12-1980). 4. Subs. by s. 13, ibid., for certain words (w.e.f. 20-12-1980). 12 ----- **19. Repeal.—The Public Premises (Eviction of Unauthorised Occupants) Act, 1958 (32 of 1958), is** hereby repealed. **20. Validation.—Notwithstanding any judgment, decree or order of any court, anything done or any** action taken (including rules or orders made, notices issued, evictions ordered or effected, damages assessed, rents or damages or costs recovered and proceedings initiated) or purported to have been done or taken under the public Premises (Eviction of Unauthorised Occupants) Act, 1958 (32 of 1958) (hereafter in this section referred to as the 1958-Act) shall be deemed to be as valid and effective as if such thing or action was done or taken under the corresponding provisions of this Act which, under sub-section (3) of section 1 shall be deemed to have come into force on the 16th day of September, 1958, and accordingly— (a) no suit or other legal proceeding shall be maintained or continued in any court for the refund of any rent or damages or costs recovered under the 1958-Act where such refund has been claimed merely on the ground that the said Act has been declared to be unconstitutional and void; and (b) no court shall enforce a decree or order directing the refund of any rent or damages or costs recovered under the 1958-Act merely on the ground that the said Act has been declared to be unconstitutional and void. 13 -----

15-Dec-1971

56

The Comptroller Auditor-General s (Duties, Powers and Conditions of Service) Act, 1971

https://www.indiacode.nic.in/bitstream/123456789/1569/3/A1971-56.pdf

central

# THE COMPTROLLER AND AUDITOR-GENERAL’S (DUTIES, POWERS AND CONDITIONS OF SERVICE) ACT, 1971 _________ # ARRANGEMENT OF SECTIONS __________ CHAPTER I PRELIMINARY SECTIONS 1. Short title. 2. Definitions. CHAPTER II SALARY AND OTHER CONDITIONS OF SERVICE OF THE COMPTROLLER AND AUDITOR-GENERAL 3. Salary. 4. Term of office. 5. Leave. 6. Pension. 7. [Omitted.]. 8. Right to subscribe to General Provident Fund. 9. Other conditions of service. CHAPTER III DUTIES AND POWERS OF THE COMPTROLLER AND AUDITOR-GENERAL 10. Comptroller and Auditor-General to compile accounts of Union and States. 11. Comptroller and Auditor-General to prepare and submit accounts to the President, Governors of States and Administrators of Union territories having Legislative Assemblies. 12. Comptroller and Auditor-General to give information and render assistance to the Union and States. 13. General provisions relating to audit. 14. Audit of receipts and expenditure of bodies or authorities substantially financed from Union or State Revenues. 15. Functions of Comptroller and Auditor-General in the case of grants or loans given to other authorities or bodies. 16. Audit of receipts of Union or of States. 17. Audit of accounts of stores and stock. 18. Powers of Comptroller and Auditor-General in connection with audit of accounts. 19. Audit of Government companies and corporations. 19A. Laying of reports in relation to accounts of Government companies and corporations. 20. Audit of accounts of certain authorities or bodies. ----- CHAPTER IV MISCELLANEOUS SECTIONS 21. Delegation of power of Comptroller and Auditor-General. 22. Power to make rules. 23. Power to make regulations. 24. Power to dispense with detailed audit. 25. Repeal. 26. Removal of doubts. ----- # THE COMPTROLLER AND AUDITOR-GENERAL’S (DUTIES, POWERS AND CONDITIONS OF SERVICE) ACT, 1971 ACT NO. 56 OF 1971 [15th December, 1971.] # An Act to determine the conditions of service of the Comptroller and Auditor-General of India and to prescribe his duties and powers and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Twenty-second Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title.—This Act may be called the Comptroller and Auditor-General’s (Duties, Powers and** Conditions of Service) Act, 1971. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) ““”accounts”, in relation to commercial undertakings of a Government, includes trading, manufacturing and profit and loss accounts and balance-sheets and other subsidiary accounts; (b) “appropriation accounts” means accounts which relate the expenditure brought to account during a financial year, to the several items specified in the law made in accordance with the provisions of the Constitution or of the Government of Union Territories Act, 1963 (20 of 1963), for the appropriation of moneys out of the Consolidated Fund of India or of a State, or of a Union territory having a Legislative Assembly, as the case may be; (c) “Comptroller and Auditor-General” means the Comptroller and Auditor-General of India appointed under article 148 of the Constitution; (d) “State” means a State specified in the First Schedule to the Constitution; (e) “Union” includes a Union territory, whether having a Legislative Assembly or not. CHAPTER II SALARY AND OTHER CONDITIONS OF SERVICE OF THE COMPTROLLER AND AUDITOR-GENERAL **3. Salary.—There shall be paid to the Comptroller and Auditor-General a salary which is equal to the** salary of the Judge of the Supreme Court: Provided that if a person who, immediately before the date of assuming office as the Comptroller and Auditor-General, was in receipt of, or, being eligible so to do, had elected to draw, a pension (other than a disability or wound pension) in respect of any previous service under the Government of the Union or any of its predecessor Governments, or under the Government of a State or any of its predecessor Governments, his salary in respect of service as Comptroller and Auditor-General shall be reduced— (a) by the amount of that pension; and (b) if he had, before assuming office, received, in lieu of a portion of the pension due to him in respect of such previous service, the commuted value thereof, by the amount of that portion of the pension; [1]*** 2* - - - **4. Term of office.—The Comptroller and Auditor-General shall hold office for a term of six years** from the date on which he assumes such office: Provided that where he attains the age of sixty-five years before the expiry of the said term of six years, he shall vacate such office on the date on which he attains the said age: 1. The word “and” omitted by Act 51 of 1994, s. 2 (w.e.f. 27-3-1990). 2. Clause (c) omitted by s. 2, ibid. (w.e.f. 27-3-1990). ----- Provided further that he may, at any time, by writing under his hand addressed to the President, resign his office. _Explanation.—For the purpose of this section, the term of six years in respect of the Comptroller and_ Auditor-General holding office immediately before the commencement of this Act, shall be computed from the date on which he had assumed office. **5. Leave.—(1) A person who, immediately before the date of assuming office as the Comptroller and** Auditor-General, was in the service of Government may be granted during his tenure of office but not thereafter, leave in accordance with the rules for the time being applicable to the Service to which he belonged before such date and he shall be entitled to carry forward the amount of leave standing at his credit on such date, notwithstanding anything contained in section 6. (2) Any other person who is appointed as the Comptroller and Auditor-General may be granted leave in accordance with such rules as are for the time being applicable to a member of the Indian Administrative Service. (3) The power to grant or refuse leave to the Comptroller and Auditor-General and to revoke or curtail leave granted to him, shall vest in the President. **6. Pension.—(1) A person who, immediately before the date of assuming office as the Comptroller** and Auditor-General, was in the service of Government shall be deemed to have retired from service on the date on which he enters upon office as the Comptroller and Auditor-General but his service as the Comptroller and Auditor-General shall be reckoned as continuing approved service counting for pension in the Service to which he belonged. (2) Every person who enters upon office as the Comptroller and Auditor-General shall, on demitting the said office, be eligible to a pension of a sum of fifteen thousand rupees per annum which sum shall include the aggregate of all pensions payable to him and the commuted portion, if any, of his pension, and the pension equivalent of the retirement gratuity, if any, which may have been admissible to him under the rules for the time being applicable to the Service to which he belonged: Provided that if such a person is or becomes eligible, at any time, under the rules for the time being governing the Service to which he belonged, to a pension higher than the said sum of fifteen thousand rupees, he shall be eligible to draw, as pension, the said higher amount. (3) A person who, immediately before the date of assuming office as the Comptroller and Auditor-General, was in receipt of, or, had become eligible for receiving, a pension in respect of any previous service under Government, shall, on demitting office as the Comptroller and Auditor-General, be eligible to a pension of fifteen thousand rupees per annum which sum shall include the aggregate of all pensions payable to him and the commuted portion, if any, of his pension, and the pension equivalent of the retirement gratuity, if any, which may have been admissible to him under the rules for the time being applicable to the Service to which he belonged: Provided that if such a person is or becomes eligible, at any time, under the rules for the time being governing the Service to which he belonged, to a pension higher than the said sum of fifteen thousand rupees, he shall be eligible to draw, as pension, the said higher amount. (4) Any other person who is appointed as the Comptroller and Auditor-General shall, on demitting the said office, be eligible to a pension of fifteen thousand rupees per annum. (5) The person holding office immediately before the commencement of this Act as the Comptroller and Auditor-General shall be eligible to draw, at his option, pension at the rate at which it would be admissible to him if this Act had not come into force or at the rate specified in this section. (6) A person who demits office as the Comptroller and Auditor-General by resignation shall, on such demission, be eligible to a pension at the rate of two thousand rupees per annum for each completed year of his service as the Comptroller and Auditor-General: ----- Provided that in the case of a person referred to in sub-section (1) or sub-section (3), the aggregate amount of pension admissible under this sub-section together with the amount of pension including the commuted portion, if any, of his pension, and the pension equivalent of the retirement gratuity, if any, which may have been admissible to him under the rules for the time being applicable to the Service to which he belonged immediately before he assumed office as the Comptroller and Auditor-General, shall not exceed fifteen thousand rupees per annum or the higher pension referred to in proviso to sub-section (2) or sub-section (3), as the case may be. 1[(6A) Notwithstanding anything contained in the foregoing provisions of this section, a person referred to in sub-section (1) who demits office [whether in any manner specified in sub-section (8) or by resignation] as the Comptroller and Auditor-General after the commencement of the Comptroller and Auditor-General’s (Duties, Powers and Conditions of Service) Amendment Act, 1984 (2 of 1984), shall, on such demission, be entitled to— (a) the pension to which he would have been entitled under the rules of the Service to which he belonged by reckoning his service as the Comptroller and Auditor-General as continuing approved service counting for pension in such Service; and (b) a special pension of seven hundred rupees per annum in respect of each completed year of service as the Comptroller and Auditor-General: 2* - - - (6B) Notwithstanding anything contained in the foregoing provisions of this section, a person referred to in sub-section (3) who demits office [whether in any manner specified in sub-section (8) or by resignation] as the Comptroller and Auditor-General after the commencement of the Comptroller and Auditor-General’s (Duties, Powers and Conditions of Service) Amendment Act, 1984 (2 of 1984), shall, on such demission, be entitled to— (a) the pension payable to him in respect of any previous service under Government; and (b) a special pension of seven hundred rupees per annum in respect of each completed year of service as the Comptroller and Auditor-General: 2* - - - *] 3[(6C) Notwithstanding anything contained in the foregoing provisions of this section, a person who demits office [whether in any manner specified in sub-section (8) or by resignation] as the Comptroller and Auditor-General after the commencement of the Comptroller and Auditor-General’s (Duties, Powers and Conditions of Service) Amendment Act, 1987 (50 of 1987), shall, on such demission, be entitled to— (a) a pension which is equal to the pension payable to a Judge of the Supreme Court,— (i) if such person is a person referred to in sub-section (1) or sub-section (3), in accordance with the provisions of Part III of the Schedule to the Supreme Court Judges (Conditions of Service) Act, 1958 (41 of 1958) (hereafter in this Act referred to as the Supreme Court Judges Act), as amended from time to time; and (ii) if such person is a person referred to in sub-section (4), in accordance with the provisions of Part I of the Schedule to the Supreme Court Judges Act, as amended from time to time; (b) such pension (including commutation of pension), family pension and gratuity as are admissible to a Judge of Supreme Court under the Supreme Court Judges Act and the rules made thereunder, as amended from time to time.] 4[(6D) Notwithstanding anything contained in the forgoing provisions of this section, a person who demitted office [whether in any manner specified in sub-section (8) or by resignation] as the Comptroller and Auditor-General, at any time before the 16th day of December, 1987, shall be entitled to the pension specified in sub-section (6C) on and from that date.] 1. Ins. by Act 2 of 1984, s. 2 (w.e.f. 16-3-1984). 2. The proviso omitted by Act 50 of 1987, s. 2 (w.e.f. 1-1-1986). 3. Ins. by s. 2, ibid. (w.e.f. 16-12-1987). 4. Ins. by Act 51 of 1994, s. 3 (w.e.f. 16-12-1987). ----- (7) If a person who demits office as the Comptroller and Auditor-General is not eligible to any pension under this section but is eligible to a pension under the rules for the time being applicable to the Service to which he belonged immediately before be assumed office as the Comptroller and AuditorGeneral, he shall, notwithstanding anything contained in this section, be eligible to draw such pension as is admissible to him under the said rules. (8) Except where he demits office by resignation, a person holding office of the Comptroller and Auditor-General shall be deemed, for the purposes of this Act, to have demitted such office as such if, and only if,— (a) he has completed the term of office specified in section 4, or (b) he has attained the age of sixty-five years, or (c) his demission of office is medically certified to be necessitated by ill health. **7. [Commutation, of pension.]** _Omitted by the Comptroller and Auditor-General’s (Duties,_ _Powers_ _and Conditions of service Amendment) Act, 1987 (50 of 1987), s. 3 (w.e.f. 16-12-1987)._ **8. Right to subscribe to General Provident Fund.—Every person holding office as the Comptroller** and Auditor-General shall be entitled to subscribe to the General Provident Fund (Central Services). **9. Other conditions of service.—[1][Save as otherwise provided in this Act, the conditions of** service relating to travelling allowance, provision of rent-free residence and exemption from payment of income- tax on the value of such rent-free residence, conveyance facilities, sumptuary allowance, medical facilities and such other conditions of service as are for the time being applicable to a Judge of the Supreme Court under Chapter IV of the Supreme Court Judges Act, and the rules made thereunder, shall, so far as may be, apply to a serving or retired Comptroller and Auditor-General as the case may be:] Provided that nothing in this section shall have effect so as to give a person, who immediately before the date of assuming office as the Comptroller and Auditor-General, was in the service of Government, less favourable terms in respect of any of the matters aforesaid than those to which he would be entitled as a member of the Service to which he belonged, his service as Comptroller and Auditor-General being treated for the purpose of this proviso as continuing service in the Service to which he belonged. CHAPTER III DUTIES AND POWERS OF THE COMPTROLLER AND AUDITOR-GENERAL **10. Comptroller and Auditor-General to compile accounts of Union and States.—(1) The** Comptroller and Auditor-General shall be responsible— (a) for compiling the accounts of the Union and of each State from the initial and subsidiary accounts rendered to the audit and accounts offices under his control by treasuries, offices or departments responsible for the keeping of such accounts; and (b) for keeping such accounts in relation to any of the matters specified in clause (a) as may be necessary: 2[Provided that the President may, after consultation with the Comptroller and Auditor-General, by order, relieve him from the responsibility for compiling— (i) the said accounts of the Union (either at once or gradually by the issue of several orders); or (ii) the accounts of any particular services or departments of the Union: Provided further that the Governor of a State may, with the previous approval of the President and after consultation with the Comptroller and Auditor-General, by order, relieve him from the responsibility for compiling— (i) the said accounts of the State (either at once or gradually by the issue of several orders); or 1. Subs. by s. 4, ibid., for certain words (w.e.f. 16-12-1987). 2. Subs. by Act 58 of 1976, s. 2, for the first proviso (w.e.f. 1-3-1976). ----- (ii) the accounts of any particular services or departments of the State:] 1[Provided also] that the President may, after consultation with the Comptroller and Auditor-General, by order, relieve him from the responsibility for keeping the accounts of any particular class or character. (2) Where, under any arrangement, a person other than the Comptroller and Auditor-General has, before the commencement of this Act, been responsible— (i) for compiling the accounts of any particular service or department of the Union or of a State, or (ii) for keeping the accounts of any particular class or character, such arrangement shall, notwithstanding anything contained in sub-section (1), continue to be in force unless, after consultation with the Comptroller and Auditor-General, it is revoked in the case referred to in clause (i), by an order of the President or the Governor of the State, as the case may be, and in the case referred to in clause (ii), by an order of the President. **11. Comptroller and Auditor-General to prepare and submit accounts to the President,** **Governors of States and Administrators of Union territories having Legislative Assemblies.—The** Comptroller and Auditor-General shall, from the accounts compiled by him or [2][by the Government or any other person responsible in that behalf], prepare in each year accounts (including, in the case of accounts compiled by him, appropriation accounts) showing under the respective heads the annual receipts and disbursements for the purpose of the Union, of each State and of each Union territory having a Legislative Assembly, and shall submit those accounts to the President or the Governor of a State or Administrator of the Union territory having a Legislative Assembly, as the case may be, on or before such dates as he may, with the concurrence of the Government concerned, determine: 3[Provided that the President may, after consultation with the Comptroller and Auditor-General, by order, relieve him from the responsibility for the preparation and submission of the accounts relating to annual receipts and disbursements for the purpose of the Union or of a Union territory having a Legislative Assembly: Provided further that the Governor of a State may, with the previous approval of the President and after consultation with the Comptroller and Auditor-General, by order, relieve him from the responsibility for the preparation and submission of the accounts relating to annual receipts and disbursements for the purpose of the State.] **12. Comptroller and Auditor-General to give information and render assistance to the Union** **and States.—The Comptroller and Auditor-General shall, in so far as the accounts, for the compilation** or keeping of which he is responsible, enable him so to do, give to the Union Government, to the State Governments or to the Governments of Union territories having Legislative Assemblies, as the case may be, such information as they may, from time to time, require, and render such assistance in the preparation of their annual financial statements as they may reasonably ask for. **13. General provisions relating to audit.—It shall be the duty of the Comptroller and** Auditor-General— (a) to audit all expenditure from the Consolidated Fund of India and of each State and of each Union territory having a Legislative Assembly and to ascertain whether the moneys shown in the accounts as having been disbursed were legally available for and applicable to the service or purpose to which they have been applied or charged and whether the expenditure conforms to the authority which governs it; (b) to audit all transactions of the Union and of the States relating to Contingency Funds and Public Accounts; 1. Subs. by Act 58 of 1976, s. 2, for “Provided further” (w.e.f. 1-3-1976). 2. Subs. by s. 3, ibid., for “by any other person responsible in that behalf” (w.e.f. 1-3-1976). 3. The provisos ins. by s. 3, ibid. (w.e.f. 1-3-1976). ----- (c) to audit all trading, manufacturing, profit and loss accounts and balance-sheets and other subsidiary accounts kept in any department of the Union or of a State; and in each case to report on the expenditure, transactions or accounts so audited by him. **14. Audit of receipts and expenditure of bodies or authorities substantially financed from** **Union or State Revenues.—[1][(1)] Where any body or authority is substantially financed by grants or** loans from the Consolidated Fund of India or of any State or of any Union territory having a Legislative Assembly, the Comptroller and Auditor-General shall, subject to the provisions of any law for the time being in force applicable to the body or authority, as the case may be, audit all receipts and expenditure of that body or authority and to report on the receipts and expenditure audited by him. _Explanation.—Where the grant or loan to a body or authority from the Consolidated Fund of India or_ of any State or of any Union territory having a Legislative Assembly in a financial year is not less than 2[rupees twenty-five lakhs] and the amount of such grant or loan is not less than seventy-five per cent of the total expenditure of that body or authority, such body or authority shall be deemed, for the purposes of 3[this sub-section] to be substantially financed by such grants or loans, as the case may be. 4[(2) Notwithstanding anything contained in sub-section (1) the Comptroller and Auditor-General may, with the previous approval of the President or the Governor of a State or the Administrator of a Union territory having a Legislative Assembly, as the case may be, audit all receipts and expenditure of any body or authority where the grant or loan to such body or authority from the Consolidated Fund of India or of any State, or of any Union territory having a Legislative Assembly, as the case may be, in a financial year is not less than rupees one crore. (3) Where the receipts and expenditure of any body or authority are, by virtue of the fulfilment of the conditions specified in sub-section (1) or sub-section (2), audited by the Comptroller and Auditor-General in a financial year, he shall continue to audit the receipts and expenditure of that body or authority for a further period of two years notwithstanding that the conditions specified in sub-section (1) or sub-section (2) are not fulfilled during any of the two subsequent years.] **15. Functions of Comptroller and Auditor-General in the case of grants or loans given to other** **authorities or bodies.—(1) Where any grant or loan is given for any specific purpose from the** Consolidated Fund of India or of any State or of any Union territory having a Legislative Assembly to any authority or body, not being a foreign State or international organisation, the Comptroller and Auditor-General shall scrutinise the procedures by which the sanctioning authority satisfies itself as to the fulfilment of the conditions subject to which such grants or loans were given and shall for this purpose have right of access, after giving reasonable previous notice, to the books and accounts of that authority or body: Provided that the President, the Governor of a State or the Administrator of a Union territory having a Legislative Assembly, as the case may be, may, where he is of opinion that it is necessary so to do in the public interest, by order, relieve the Comptroller and Auditor-General, after consultation with him, from making any such scrutiny in respect of any body or authority receiving such grant or loan. (2) Except where he is authorised so to do by the President, the Governor of a State or the Administrator of a Union territory having a Legislative Assembly, as the case may be, the Comptroller and Auditor-General shall not have, while exercising the powers conferred on him by sub-section (1), right of access to the books and accounts of any corporation to which any such grant or loan as is referred to in sub-section (1) is given if the law by or under which such corporation has been established provides for the audit of the accounts of such corporation by an agency other than the Comptroller and Auditor-General: 1. Section 14 renumbered as sub-section (1) thereof by Act 2 of 1984, s. 3 (w.e.f. 16-3-1984). 2. Subs. by s. 3, ibid., for “rupees five lakhs” (w.e.f. 16-3-1984). 3. Subs. by s. 3, ibid., for “this section” (w.e.f. 16-3-1984). 4. Ins. by s. 3, ibid. (w.e.f. 16-3-1984). ----- Provided that no such authorisation shall be made except after consultation with the Comptroller and Auditor-General and except after giving the concerned corporation a reasonable opportunity of making representations with regard to the proposal to give to the Comptroller and Auditor-General right of access to its books and accounts. **16. Audit of receipts of Union or of States.—It shall be the duty of the Comptroller and** Auditor-General to audit all receipts which are payable into the Consolidated Fund of India and of each State and of each Union territory having a Legislative Assembly and to satisfy himself that the rules and procedures in that behalf are designed to secure an effective check on the assessment, collection and proper allocation of revenue and are being duly observed and to make for this purpose such examination of the accounts as he thinks fit and report thereon. **17. Audit of accounts of stores and stock.—The Comptroller and Auditor-General shall have** authority to audit and report on the accounts of stores and stock kept in any office or department of the Union or of a State. **18. Powers of Comptroller and Auditor-General in connection with audit of accounts.—(1) The** Comptroller and Auditor-General shall in connection with the performance of his duties under this Act, have authority— (a) to inspect any office of accounts under the control of the Union or of a State, including treasuries and such offices responsible for the keeping of initial or subsidiary accounts, as submit accounts to him; (b) to require that, any accounts, books, papers and other documents which deal with or from the basis of or are otherwise relevant to the transactions to which his duties in respect of audit extend, shall be sent to such place as he may appoint for his inspection; (c) to put such questions or make such observations as he may consider necessary, to the person in charge of the office and to call for such information as he may require for the preparation of any account or report which it is his duty to prepare. (2) The person in charge of any office or department, the accounts of which have to be inspected and audited by the Comptroller and Auditor-General, shall afford all facilities for such inspection and comply with requests for information in as complete a form as possible and with all reasonable expedition. **19. Audit of Government companies and corporations.—(1) The duties and powers** of the Comptroller and Auditor-General in relation to the audit of the accounts of Government companies shall be performed and exercised by him in accordance with the provisions of the Companies Act, 1956 (1 of 1956). (2) The duties and powers of the Comptroller and Auditor-General in relation to the audit of the accounts of corporations (not being companies) established by or under law made by Parliament shall be performed and exercised by him in accordance with the provisions of the respective legislations. (3) The Governor of a State or the Administrator of a Union territory having a Legislative Assembly may, where he is of opinion that it is necessary in the public interest so to do, request the Comptroller and Auditor-General to audit the accounts of a corporation established by law made by the Legislature of the State or of the Union territory, as the case may be, and where such request has been made, the Comptroller and Auditor-General shall audit the accounts of such corporation and shall have, for the purposes of such audit, right of access to the books and accounts of such corporation: Provided that no such request shall be made except after consultation with the Comptroller and Auditor-General and except after giving reasonable opportunity to the corporation to make representations with regard to the proposal for such audit. 1[19A. Laying of reports in relation to accounts of Government companies and corporations.— (1) The reports of the Comptroller and Auditor-General, in relation to the accounts of a Government 1. Ins. by Act 2 of 1984, s. 4 (w.e.f. 16-3-1984). ----- company or a corporation referred to in section 19, shall be submitted to the Government or Governments concerned. (2) The Central Government shall cause every report received by it under sub-section (1) to be laid, as soon as may be after it is received, before each House of Parliament. (3) The State Government shall cause every report received by it under sub-section (1) to be laid as, soon as may be after it is received, before the Legislature of the State. _Explanation.—For the purposes of this section, “Government” or “State Government”, in relation to a_ Union territory having a Legislative Assembly, means the Administrator of the Union territory.] **20. Audit of accounts of certain authorities or bodies.—(1) Save as otherwise provided in** section 19, where the audit of the accounts of any body or authority has not been entrusted to the Comptroller and Auditor-General by or under any law made by Parliament, he shall, if requested so to do by the President or the Governor of a State or the Administrator of a Union territory having a Legislative Assembly, as the case may be, undertake the audit of the accounts of such body or authority on such terms and conditions as may be agreed upon between him and the concerned Government and shall have, for the purposes of such audit, right of access to the books and accounts of that body or authority: Provided that no such request shall be made except after consultation with the Comptroller and Auditor-General. (2) The Comptroller and Auditor-General may propose to the President or the Governor of a State or the Administrator of a Union territory having a Legislative Assembly, as the case may be, that he may be authorised to undertake the audit of the accounts of any body or authority, the audit of the accounts of which has not been entrusted to him by law, if he is of opinion that such audit is necessary because a substantial amount has been invested in, or advanced to, such body or authority by the Central or State Government or by the Government of a Union territory having a Legislative Assembly, and on such request being made, the President or the Governor or the Administrator, as the case may be, may empower the Comptroller and Auditor-General to undertake the audit of the accounts of such body or authority. (3) The audit referred to in sub-section (1) or sub-section (2) shall not be entrusted to the Comptroller and Auditor-General except where the President or the Governor of a State or the Administrator of a Union territory having a Legislative Assembly, as the case may be, is satisfied that it is expedient so to do in the public interest and except after giving a reasonable opportunity to the concerned body or authority to make representations with regard to the proposal for such audit. CHAPTER IV MISCELLANEOUS **21. Delegation of power of Comptroller and Auditor-General.—Any power exercisable by the** Comptroller and Auditor-General under the provisions of this Act, or any other law may be exercised by such officer of his department as may be authorised by him in this behalf by general or special order: Provided that except during the absence of the Comptroller and Auditor-General on leave or otherwise, no officer shall be authorised to submit on behalf of the Comptroller and Auditor-General any report which the Comptroller and Auditor-General is required by the Constitution or the Government of Union Territories Act, 1963 (20 of 1963) to submit to the President or the Governor of a State or the Administrator of a Union territory having a Legislative Assembly, as the case may be. **22. Power to make rules.—(1) The Central Government may, after consultation with the** Comptroller and Auditor-General, by notification in the Official Gazette, make rules for carrying out the provisions of this Act in so far as they relate to the maintenance of accounts. (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 initial and subsidiary accounts shall be kept by the treasuries, offices and departments rendering accounts to audit and accounts offices; ----- (b) the manner in which the accounts of [1][the Union or of a State or of] any particular service or department or of any particular class or character, in respect of which the Comptroller and Auditor-General has been relieved from the responsibility of compiling or keeping the accounts, shall be compiled or kept; (c) the manner in which the accounts of stores and stock shall be kept in any office or department of the Union or of a State, as the case may be; (d) any other matter which is required to be, or may be, prescribed by rules. (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 [2][in two or more successive sessions], and if, before the expiry of [3][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. Power to make regulations.—The Comptroller and Auditor-General is hereby authorised to** make regulations for carrying into effect the provisions of this Act in so far as they relate to the scope and extent of audit, including laying down for the guidance of the Government Departments the general principles of Government accounting and the broad principles in regard to audit of receipts and expenditure. **24. Power to dispense with detailed audit.—The Comptroller and Auditor-General is hereby** authorised to dispense with, when circumstances so warrant, any part of detailed audit of any accounts or class of transactions and to apply such limited check in relation to such accounts or transactions as he may determine. **25. Repeal.—The Comptroller and Auditor-General (Conditions of Service) Act, 1953 (21 of 1953),** is hereby repealed. **26. Removal of doubts.—For the removal of doubts, it is hereby declared that on the commencement** of this Act the Government of India (Audit and Accounts) Order, 1936, as adapted by the India (Provisional Constitution) Order, 1947, shall cease to be in force except as respects anything done or any action taken thereunder. 1. Ins. by Act 58 of 1976, s. 4 (w.e.f. 1-3-1976). 2. Subs. by Act 58 of 1976, s. 4, for “in two successive sessions” (w.e.f. 1-3-1976). 3. Subs. by s. 4, ibid., for “the session in which it is so laid or the session immediately following” (w.e.f. 1-3-1976). -----

16-Dec-1971

59

The Naval and Aircraft Prize Act, 1971

https://www.indiacode.nic.in/bitstream/123456789/1606/3/a1971-59.pdf

central

# THE NAVAL AND AIRCRAFT PRIZE ACT, 1971 ___________ ARRANGEMENT OF SECTION ____________ SECTIONS 1. Short title. 2. Definitions. 3. Establishment of Prize Courts. 4. Jurisdiction of Prize Courts in prize cases. 5. Transfer of cases. 6. Appeals. 7. General powers of Prize Courts. 8. Procedure on capture of prize. 9. Ship and aircraft papers to be brought in Registry. 10. Goods. 11. Preemption. 12. Prize proceedings not to apply to enemy warships and military aircraft. 13. Capture to belong to Central Government. 14. Prize salvage. 15. Offences in respect of prize. 16. Indemnity against legal proceedings. 17. Power to make rules. 18. Dissolution of Prize Courts. 19. Repeals. 20. Savings. 1 ----- # THE NAVAL AND AIRCRAFT PRIZE ACT, 1971 ACT NO. 59 OF 1971 [16th December, 1971.] # An Act to provide for the establishment and procedure of Prize Courts and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Twenty-second Year of the Republic of India as follows:— **1. Short title.—This Act may be called the Naval and Aircraft Prize Act, 1971.** **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “aircraft” has the meaning assigned to it in clause (ii) of section 4 of the Air Force Act, 1950 (45 of 1950); (b) “aircraft papers” includes all books, passes, charter parties, bills of lading, customs receipts, manifests, certificates, licences, lists, tickets, notes, letters and other documents and writings delivered up or found on board a captured aircraft; (c) “Armed Forces” means the Army, Navy and Air Force or any part of any one or more of them and includes any other armed force in the service of, or employed with, the Army, Navy or Air Force during hostilities; (d) “goods” includes all such things as may be subject to adjudication as prize, but in the case of a naval prize does not include any aircraft or boat unless the aircraft or boat is a part of the cargo of a ship; (e) “Prize Court” means a prize court established under section 3; (f) “Indian citizen” includes a company registered in India and having its principal place of business in India; (g) “military aircraft” means any aircraft belonging to the Armed Forces and includes any armed aircraft in the service of the Armed Forces and any other aircraft used as a transport or auxiliary or in any other way for the purpose of prosecuting or aiding hostilities; (h) “prize” means anything which, subject to this Act and the rules made thereunder, may be subjected to adjudication and includes a ship or an aircraft and goods carried therein, irrespective of whether the ship is captured at sea or seized in port or whether the aircraft is on or over land or sea at the time of capture or seizure; (i) “ship” includes a vessel and a boat with the tackle, furniture and apparel of the ship, vessel or boat; (j) “ship-of-war” means any ship belonging to the Armed Forces and includes any armed ship in the service of the Armed Forces and any other ship used as transport or auxiliary or in any other way for the purpose of prosecuting or aiding hostilities; (k) “ship papers” includes all books, passes, sea briefs, charter parties, bills of lading, customs receipts, manifests, certificates, licences, lists, tickets, notes, letters and other documents and writings delivered up or found on board a ship captured at sea or seized in port. **3. Establishment of Prize Courts.—(1) The Central Government may, by notification in the Official** Gazette, constitute from time to time as many Prize Courts as the Central Government may determine to exercise the powers and discharge the functions conferred on a Prize Court by this Act and every such Prize Court shall exercise jurisdiction within the local limits of such area or areas as may be specified by the Central Government in the said notification. (2) Every Prize Court shall consist of such one or more than one member as the Central Government may from time to time deem it necessary to appoint. 2 ----- (3) A person shall not be qualified for appointment as a member of a Prize Court unless he is a citizen of India and has been or is qualified to be appointed as a Judge of a High Court. (4) Subject to the provisions of section 18, the conditions of service of a member of a Prize Court shall be such as the Central Government may by order determine. **4. Jurisdiction of Prize Courts in prize cases.—(1) Notwithstanding anything contained in any** other law for the time being in force, every Prize Court shall have exclusive jurisdiction in respect of each prize and each proceeding for the condemnation of property as prize, whether such prize is taken before or after the commencement of this Act, if the prize is— (a) brought into or seized within the territory of India; (b) brought into or seized within a locality in the temporary or permanent possession of, or occupied by, the Armed Forces of the Union; or (c) appropriated for the use of the Central Government, and is brought within the territorial jurisdiction of that Prize Court: Provided that in the case of a Naval prize, the Prize Court shall have jurisdiction only if the prize captured or seized is brought to a port or place lying within the territorial jurisdiction of that Prize Court. (2) Every Prize Court shall also have exclusive jurisdiction in respect of a prize in which the prize property— (a) is lost or entirely destroyed; or (b) cannot be brought in for adjudication because of its nature and condition. (3) Without prejudice to the generality of the powers conferred by sub-section (1), a Prize Court shall take cognizance of and judicially proceed upon all manners of captures, seizures, prizes and reprisals of all ships, vessels, aircrafts and goods that are captured or seized, and shall hear and determine the same, and in accordance with this Act and rules made thereunder, shall adjudge and condemn all such ships, vessels, aircrafts and goods belonging to any country or State or the nationals, citizens or subjects thereof, as may be captured or seized as prize during a war or as a measure of reprisal during an armed conflict or in the exercise of the right of self-defence. (4) Notwithstanding anything contained in this section, the Prize Court may in respect of any matter for which no provision or insufficient provision is made, by or under this Act, apply the principles of the International Law regulating that matter. **5. Transfer of cases.—(1) Where proceedings are pending in any Prize Court against any ship,** aircraft or goods, the Prize Court may, at any stage of the proceedings, on application being made by the proper officer of the Central Government and upon being satisfied that the proceedings so far as they relate to the ship, aircraft or goods, or any part thereof, would be more conveniently conducted in another Prize Court, make an order remitting the proceedings or the proceedings so far as they relate to the ship, aircraft or goods, or any part of the goods, as the case may be, to such other Prize Court. (2) Where any proceedings have been so remitted to another Prize Court, that other Prize Court shall have the same jurisdiction to deal with the matter as if the subject matter of those proceedings had originally been seized within its jurisdiction or brought within its jurisdiction after capture or seizure, as the case may be, and any order made or action taken in those proceedings before the order of remission shall be deemed to have been made or taken by or in that Court. **6. Appeals.—(1) Any person aggrieved by an order or decree of the Prize Court may prefer an appeal** to the Central Government within a period of ninety days from the date on which such order or decree has been made. (2) The provisions of sections 5 and 12 of the Limitation Act, 1963 (36 of 1963), shall so far as may be, apply for computation of the period specified in sub-section (1). 3 ----- **7. General powers of Prize Courts.—(1) A Prize Court shall, for the purposes of this Act, have the** same powers as are vested in 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 persons and examining them on oath; (b) requiring the discovery and production of documents; (c) receiving evidence on affidavits; (d) requisitioning any public record or copies thereof from any court or office; (e) issuing commissions for the examination of witnesses or documents; (f) any other matter which may be prescribed by rules. (2) Without prejudice to the provisions of sub-section (1), every Prize Court shall have the power to enforce— (a) any order or decree of another Prize Court passed in a prize proceeding under this Act; (b) any order of the Central Government passed in a prize appeal under section 6. **8. Procedure on capture of prize.—(1) Every ship and every aircraft taken as prize and brought into** port or to a place within the jurisdiction of a Prize Court shall forthwith and without bulk broken, be delivered to the Marshal of the Court. (2) If there is no such Marshal then the ship or aircraft shall be in like manner delivered to such person as the Central Government may appoint in this behalf. (3) The ship or aircraft shall, subject to the orders of the Court, remain in the custody of the Marshal, or the person appointed under sub-section (2). **9. Ship and aircraft papers to be brought in Registry.—(1) The captors shall with all convenient** speed after the ship or aircraft is brought into port or to a place within the jurisdiction of a Prize Court bring the ship papers or the aircraft papers, as the case may be, into the Registry of the Prize Court. (2) The commanding officer or the captain of the capturing ship or aircraft or the commanding officer of the capturing force, or any other officer or person seizing the ship or aircraft at any port or aerodrome or any officer designated by the commanding officer or his superior authority as a Prize Officer or such other officer or person who was present at the capture and saw the ship papers or aircraft papers delivered up or found on board shall make oath that they are brought in as they were taken without fraud, addition, or subduction or alteration or else shall account on oath to the satisfaction of the Prize Court for the absence or altered condition of the ship papers or aircraft papers or any of them. (3) Where no ship papers or aircraft papers are delivered up or found on board the captured ship or captured aircraft, the commanding officer or the captain of the capturing ship or aircraft or the commanding officer of the capturing force or any other officer or person seizing the ship or aircraft or the Prize Officer or such other officer or person who was present at the capture shall make an oath to that effect. **10. Goods.—The provisions of sections 8 and 9 relating to ships and aircraft shall, so far as may be,** extend and apply to goods taken as prize on board a ship or aircraft and the Prize Court may direct such goods to be unladen, inventoried and warehoused. **11. Preemption.—Where a ship of a foreign State passing the seas or an aircraft of a foreign State,** laden with military or victualling stores intended to be carried to any place under the control of an enemy is taken in circumstances making it subject to adjudication as prize, and is brought under the control of the Government of India, and the purchase of such stores for the service of the Central Government appears to the said Government expedient without the condemnation thereof in a Prize Court, then the Central Government may purchase on account or for the service of the Central Government all or any of such stores. 4 ----- **12. Prize proceedings not to apply to enemy warships and military aircraft.—Nothing in this Act** shall apply to a ship-of-war or military aircraft of the enemy or any other ship or aircraft owned by the enemy whether or not registered in the territory of the enemy or goods carried therein and no proceedings of prize shall be necessary for the condemnation of such ship-of-war or military aircraft or other ship or aircraft or goods carried therein. **13. Capture to belong to Central Government.—(1) Subject to the provisions of sub-section (2), all** prizes captured by the Armed Forces of the Union and condemned where necessary in the Prize Court shall be the exclusive property of the Central Government. (2) The Central Government may, at its discretion, out of the proceeds of the prize, make a grant of such sum of money as it deems fit to the benevolent funds of the Armed Forces of the Union. **14. Prize salvage.—(1) Where any ship or goods or aircraft belonging to an Indian citizen, after** being taken as prize by the enemy is or are retaken from the enemy, the same shall be restored by decree of a Prize Court to the owner on his paying to the Central Government as prize salvage one-eighth part of the value of the prize to be decreed and ascertained by the Prize Court or such sum not exceeding one-eighth part of the estimated value of the prize as may be agreed upon between the owner and the Central Government and approved by the order of the Prize Court: Provided that where the recapture is made in the circumstances of special difficulty or danger, the Prize Court may if it thinks fit award to the Central Government as prize salvage a larger part than one-eighth but not exceeding in any case one-fourth part of the value of the prize: Provided further that where a ship or aircraft after being so taken is set forth or used by the enemy as a ship-of-war or military aircraft, the aforesaid provision for restitution shall not apply and subject to such compensation to the owner as the Prize Court may determine, the ownership of such ship or aircraft shall vest in the Central Government. (2) Where a ship belonging to any Indian citizen, after being taken as prize, is retaken from the enemy, such ship may, with the consent of the recaptors, prosecute her voyage and it will not be necessary for the Central Government to proceed to adjudication till her return to a port in India. (3) The master or owner of the ship or his agent may, with the consent of the Central Government, unload and dispose of the goods on board the ship before adjudication. (4) In case the ship does not return within six months to a port in India, the Central Government may nevertheless institute proceedings against the ship or goods in a Prize Court and the Prize Court may thereupon award prize salvage as aforesaid and may enforce payment thereof. (5) The provisions of sub-sections (2), (3) and (4) shall _mutatis mutandis_ apply also to an aircraft belonging to any Indian citizen which, after being taken as prize, is retaken from the enemy. **15. Offences in respect of prize.—Every person who is guilty of a prize offence, that is to say, an** offence which if committed by a person subject to naval law would be punishable under section 63, section 64, section 65, section 66 or section 67 of the Navy Act, 1957 (62 of 1957), shall be punished with imprisonment which may extend to two years or with fine or both. **16. Indemnity against legal proceedings.—(1) Notwithstanding anything contained in any other law** for the time being in force, no suit, prosecution or other legal proceedings shall lie against any officer of the Armed Forces of the Union or any other person for anything which is in good faith done or intended to be done in pursuance of this Act or any rules made thereunder. (2) Save as otherwise expressly provided under this Act, no suit or other legal proceedings shall lie against the Central 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 or any rules made thereunder. **17. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette,** make rules for regulating the practice and procedure of a Prize Court and for generally carrying out the purposes of this Act. 5 ----- (2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the institution of cases, issue and service of writs, summons and other processes, and entering appearance and making of claims; (b) affidavits concerning ship papers or aircraft papers and other affidavits to be or which may be made in a Prize Court or for the purpose of proceedings in a Prize Court; (c) pleadings, particulars, discovery and inspection of documents and facts, evidence and hearing; (d) issue of warrants for arrest of prize, and detention of prize; (e) sale, appraisement, safe custody and inspection of prize; (f) bail and release; (g) requisition by Central Government of ships, aircraft or goods in the custody of a Prize Court; (h) appointment of assessors and their fees; (i) enforcement and execution of decrees and orders; (j) stay of proceedings; (k) costs of or incidental to any proceedings in the Prize Court and as to the fees to be charged in respect of proceedings therein and as to the taking of security of costs; (l) procedure for hearing appeals and other matters pertaining to appeals; (m) appointment, duties and conduct of the officers of a Prize Court and costs, charges and expenses to be allowed to petitioners therein; (n) the manner in which and the conditions subject to which the right of visit, search, detention or capture of any ship or aircraft or goods thereon may be exercised and the penalty for impeding the exercise of any such right; (o) the manner in which any such ship or aircraft or goods seized by or under the authority of any officer of the Armed Forces of the Union shall be kept in custody or disposed of; (p) the conditions for declaring any ship or aircraft or cargo thereon as hostile and for condemnation thereof; (q) the manner in which a ship or aircraft recaptured from the enemy may be disposed of; (r) the conditions subject to which a right of unhindered passage may be allowed to a ship or aircraft within the territory of India on the outbreak of hostilities or an armed conflict on the basis of reciprocity; (s) any other matter which may be, or is required to be, prescribed by rules. (3) All rules made under this section shall be laid, as soon as may be, after they are made, before each house of Parliament while it is in session for a total period of thirty days, which may be comprised in one or [1][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 rules or both Houses agree that the rules should not be made, the rules shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under those rules. **18. Dissolution of Prize Courts.—The Central Government may at any time when there is no prize** proceeding pending before a Prize Court dissolve that Prize Court, and make such further orders as to the custody of the records of that Court as may be considered necessary. 1. Subs. by Act 20 of 1983, s. 2, for certain words (w.e.f. 5-3-1984). 6 ----- **19. Repeals.—The Naval Prize Act, 1864, the Naval Agency and Distribution Act, 1864, the Prize** Courts Act, 1894, the Prize Courts Procedure Act, 1914, the Prize Courts Act, 1915, the Naval Prize Act, 1918, the Prize Act, 1939, in so far as they apply in India are hereby repealed. **20. Savings.—Nothing in this Act shall—** (a) give to the officers and seamen of the Indian Naval ships or officers and airmen of the Indian Military aircraft or to any other person concerned in the capture of the prize any right or claim in or to any ships, aircraft or goods taken as prize or the proceeds thereof; or (b) affect the operation of any existing treaty or convention with any foreign State; or (c) take away or abridge the powers of the Central Government to enter into any treaty or convention with any foreign State containing any stipulation that the Central Government may deem appropriate concerning any matter to which this Act relates. 7 -----

23-Dec-1971

69

The Prevention of Insults to National Honour Act, 1971

https://www.indiacode.nic.in/bitstream/123456789/1578/3/A1971-69.pdf

central

# THE PREVENTION OF INSULTS TO NATIONAL HONOUR ACT, 1971 _______________ ARRANGEMENT OF SECTIONS _____________ SECTIONS 1. Short title and extent. 2. Insults to Indian National Flag and Constitution of India. 3. Prevention of singing of Indian National Anthem, etc. 3A. Enhanced penalty on second and subsequent convictions. 1 ----- # THE PREVENTION OF INSULTS TO NATIONAL HONOUR ACT, 1971 ACT NO. 69 OF 1971 [23rd December, 1971.] # An Act to prevent insults to national honour. BE it enacted by Parliament in the Twenty-second Year of the Republic of India as follows:— **1. Short title and extent.—(1) This Act may be called the Prevention of Insults to National Honour** Act, 1971. (2) It extends to the whole of India. **2. Insults to Indian National Flag and Constitution of India.—Whoever in any public place or in** any other place within public view burns, mutilates, defaces, difiles, disfigures, destroys, tramples upon or 1[otherwise shows disrespect to or brings] into contempt (whether by words, either spoken or written, or by acts) the Indian National Flag or the Constitution of India or any part thereof, shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both. _Explanation 1.—Comments expressing disapprobation or criticism of the Constitution or of the_ Indian National Flag or of any measures of the Government with a view to obtain an amendment of the Constitution of India or an alteration of the Indian National Flag by lawful means do not constitute an offence under this section. _Explanation_ 2.—The expression “Indian National Flag” includes any picture, painting, drawing or photograph, or other visible representation of the Indian National Flag, or of any part or parts thereof, made of any substance or represented on any substance. _Explanation 3.—The expression “public place” means any place intended for use by, or accessible to,_ the public and Includes any public conveyance. 2[Explanation 4.—The disrespect to the Indian National Flag means and includes— (a) a gross affront or indignity offered to the Indian National Flag; or (b) dipping the Indian National Flag in salute to any person or thing; or (c) flying the Indian National Flag at half-mast except on occasions on which the Indian National Flag is flown at half-mast on public buildings in accordance with the instructions issued by the Government; or (d) using the Indian National Flag as a drapery in any form whatsoever except in State funerals or armed forces or other para-military forces funerals; or 3[(e) using the Indian National Flag,— (i) as a portion of costume, uniform or accessory of any description which is worn below the waist of any person; or (ii) by embroidering or printing it on cushions, handkerchiefs, napkins, undergarments or any dress material; or] (f) putting any kind of inscription upon the Indian National Flag; or (g) using the Indian National Flag as a receptacle for receiving, delivering or carrying anything except flower petals before the Indian National Flag is unfurled as part of celebrations on special occasions including the Republic Day or the Independence day; or (h) using the Indian National Flag as covering for a statute or a monument or a speaker’s desk or a speaker’s platform; or 1. Subs. by Act 31 of 2003, s. 2, for “otherwise brings” (w.e.f. 8-5-2003). 2. The Explanation inserted by s. 2, ibid. (w.e.f. 8-5-2003). 3. Subs. by Act 51 of 2005, for clause (e) (w.e.f. 20-12-2005). 2 ----- (i) allowing the Indian National Flag to touch the ground or the floor or trail in water intentionally; or (j) draping the Indian National Flag over the hood, top and sides or back or on a vehicle, train, boat or an aircraft or any other similar object; or (k) using the Indian National Flag as a covering for a building; or (l) intentionally displaying the Indian National Flag with the “saffron” down.] **3. Prevention of singing of Indian National Anthem, etc.—Whoever Intentionally prevents the** singing of the Indian National Anthem or causes disturbance to any assembly engaged in such singing shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both. 1[3A. Enhanced penalty on second and subsequent convictions.—Whoever, having already been convicted of an offence under section 2 or section 3, 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.] 1. Ins. by Act 31 of 2003, s. 3 (w.e.f. 8-5-2003). 3 -----

24-Dec-1971

70

The Contempt of Courts Act, 1971

https://www.indiacode.nic.in/bitstream/123456789/1514/1/197170.pdf

central

THE CONTEMPT OF COURTS ACT, 1971 __________ ARRANGEMENT OF SECTIONS __________ SECTIONS 1. Short title and extent. 2. Definitions. 3. Innocent publication and distribution of matter not contempt. 4. Fair and accurate report of judicial proceeding not contempt. 5. Fair criticism of judicial act not contempt. 6. Complaint against presiding officers of subordinate courts when not contempt. 7. Publication of information relating to proceedings in chambers or in camera not contempt except in certain cases. 8. Other defences not affected. 9. Act not to imply enlargement of scope of contempt. 10. Power of High Court to punish contempts of subordinate courts. 11. Power of High Court to try offences committed or offenders found outside jurisdiction. 12. Punishment for contempt of court. 13. Contempts not punishable in certain cases. 14. Procedure where contempt is in the face of the Supreme Court or a High Court. 15. Cognizance of criminal contempt in other cases. 16. Contempt by judge, magistrate or other person acting judicially. 17. Procedure after cognizance. 18. Hearing of cases of criminal contempt to be by Benches. 19. Appeals. 20. Limitation for actions for contempt. 21. Act not to apply to Nyaya Panchayats or other village courts. 22. Act to be in addition to, and not in derogation of, other laws relating to contempt. 23. Power of Supreme Court and High Courts to make rules. # 24. Repeal. 1 ----- # THE CONTEMPT OF COURTS ACT, 1971 ACT NO. 70 OF 1971 [24th December, 1971.] # An Act to define and limit the powers of certain courts in punishing contempts of courts and to regulate their procedure in relation thereto. BE it enacted by Parliament in the Twenty-second Year of the Republic of India as follows:— **1. Short title and extent.—(1) This Act may be called the Contempt of Courts Act, 1971.** (2) It extends to the whole of India: **1*** ***** ***** ***** ***** **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “contempt of court” means civil contempt or criminal contempt; (b) “civil contempt” means wilful disobedience to any judgment, decree, direction, order, writ or other process of a court or wilful breach of an undertaking given to a court; (c) “criminal contempt” means the publication (whether by words, spoken or written, or by signs, or by visible representations, or otherwise) of any matter or the doing of any other act whatsoever which— (i) scandalises or tends to scandalise, or lowers or tends to lower the authority of, any court; or (ii) prejudices, or interferes or tends to interfere with, the due course of any judicial proceeding; or (iii) interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any other manner; (d) “High Court” means the High Court for a State or a Union territory, and includes the court of the Judicial Commissioner in any Union territory. **3. Innocent publication and distribution of matter not contempt.—(1) A person shall not be guilty** of contempt of court on the ground that he has published (whether by words, spoken or written, or by signs, or by visible representations, or otherwise) any matter which interferes or tends to interfere with, or obstructs or tends to obstruct, the course of justice in connection with any civil or criminal proceeding pending at that time of publication, if at that time he had no reasonable grounds for believing that the proceeding was pending. (2) Notwithstanding anything to the contrary contained in this Act or any other law for the time being in force, the publication of any such matter as is mentioned in sub-section (1) in connection with any civil or criminal proceeding which is not pending at the time of publication shall not be deemed to constitute contempt of court. (3) A person shall not be guilty of contempt of court on the ground that he has distributed a publication containing any such matter as is mentioned in sub-section (1), if at the time of distribution he had no reasonable grounds for believing that it contained or was likely to contain any such matter as aforesaid: Provided that this sub-section shall not apply in respect of the distribution of— (i) any publication which is a book or paper printed or published otherwise than in conformity with the rules contained in section 3 of the Press and Registration of Books Act, 1867 (25 of 1867); 1. The Proviso omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10- 2019). 2 ----- (ii) any publication which is a newspaper published otherwise than in conformity with the rules contained in section 5 of the said Act. _Explanation.—For the purposes of this section, a judicial proceeding—_ (a) is said to be pending— (A) in the case of a civil proceeding, when it is instituted by the filing of a plaint or otherwise, (B) in the case of a criminal proceeding under the Code of Criminal Procedure, 1898 (5 of 1898), or any other law— (i) where it relates to the commission of an offence, when the charge-sheet or challan is filed, or when the court issues summons or warrant, as the case may be, against the accused, and (ii) in any other case, when the court takes cognizance of the matter to which the proceeding relates, and in the case of a civil or criminal proceeding, shall be deemed to continue to be pending until it is heard and finally decided, that is to say, in a case where an appeal or revision is competent, until the appeal or revision is heard and finally decided or, where no appeal or revision is preferred, until the period of limitation prescribed for such appeal or revision has expired; (b) which has been heard and finally decided shall not be deemed to be pending merely by reason of the fact that proceedings for the execution of the decree, order or sentence passed therein are pending. **4. Fair and accurate report of judicial proceeding not contempt.—Subject to the provisions** contained in section 7, a person shall not be guilty of contempt of court for publishing a fair and accurate report of a judicial proceeding or any stage thereof. **5. Fair criticism of judicial act not contempt.—A person shall not be guilty of contempt of court** for publishing any fair comment on the merits of any case which has been heard and finally decided. **6. Complaint against presiding officers of subordinate courts when not contempt.—A person** shall not be guilty of contempt of court in respect of any statement made by him in good faith concerning the presiding officer of any subordinate court to— (a) any other subordinate court, or (b) the High Court, to which it is subordinate. _Explanation.—In this section, “subordinate court” means any court subordinate to a High Court._ **7. Publication of information relating to proceedings in chambers or** **_in camera not contempt_** **except in certain cases.—(1) Notwithstanding anything contained in this Act, a person shall not be guilty** of contempt of court for publishing a fair and accurate report of a judicial proceeding before any court sitting in chambers or in camera except in the following cases, that is to say,— (a) where the publication is contrary to the provisions of any enactment for the time being in force; (b) where the court, on grounds of public policy or in exercise of any power vested in it, expressly prohibits the publication of all information relating to the proceeding or of information of the description which is published; (c) where the court sits in chambers or in camera for reasons connected with public order or the security of the State, the publication of information relating to those proceedings; (d) where the information relates to a secret process, discovery or invention which is an issue in proceedings. 3 ----- (2) Without prejudice to the provisions contained in sub-section (1), a person shall not be guilty of contempt of court for publishing the text or a fair and accurate summary of the whole, or any part, of an order made by a court sitting in chambers or _in camera, unless the court has expressly prohibited the_ publication thereof on grounds of public policy, or for reasons connected with public order or the security of the State, or on the ground that it contains information relating to a secret process, discovery or invention, or in exercise of any power vested in it. **8. Other defences not affected.—Nothing contained in this Act shall be construed as implying that** any other defence which would have been a valid defence in any proceedings for contempt of court has ceased to be available merely by reason of the provisions of this Act. **9. Act not to imply enlargement of scope of contempt.—Nothing contained in this Act shall be** construed as implying that any disobedience, breach, publication or other act is punishable as contempt of court which would not be so punishable apart from this Act. **10. Power of High Court to punish contempts of subordinate courts.—Every High Court shall** have and exercise the same jurisdiction, powers and authority, in accordance with the same procedure and practice, in respect of contempts of courts subordinate to it as it has and exercises in respect of contempts of itself: Provided that no High Court shall take cognizance of a contempt alleged to have been committed in respect of a court subordinate to it where such contempt is an offence punishable under the Indian Penal Code (45 of 1860). **11. Power of High Court to try offences committed or offenders found outside jurisdiction.—A** High Court shall have jurisdiction to inquire into or try a contempt of itself or of any court subordinate to it, whether the contempt is alleged to have been committed within or outside the local limits of its jurisdiction, and whether the person alleged to be guilty of contempt is within or outside such limits. **12. Punishment for contempt of court.—(1) Save as otherwise expressly provided in this Act or in** any other law, a contempt of court may be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both: Provided that the accused may be discharged or the punishment awarded may be remitted on apology being made to the satisfaction of the Court. _Explanation.—An apology shall not be rejected merely on the ground that it is qualified or_ conditional if the accused makes it bona fide. (2) Notwithstanding anything contained in any law for the time being in force, no court shall impose a sentence in excess of that specified in sub-section (1) for any contempt either in respect of itself or of a court subordinate to it. (3) Notwithstanding anything contained in this section, where a person is found guilty of a civil contempt, the court, if it considers that a fine will not meet the ends of justice and that a sentence of imprisonment is necessary shall, instead of sentencing him to simple imprisonment, direct that he be detained in a civil prison for such period not exceeding six months as it may think fit. (4) Where the person found guilty of contempt of court in respect of any undertaking given to a court is a company, every person who, at the time the contempt was committed, was in charge of, and was responsible to, the company for the conduct of business of the company, as well as the company, shall be deemed to be guilty of the contempt and the punishment may be enforced, with the leave of the court, by the detention in civil prison of each such person: Provided that nothing contained in this sub-section shall render any such person liable to such punishment if he proves that the contempt was committed without his knowledge or that he exercised all due diligence to prevent its commission. (5) Notwithstanding anything contained in sub-section (4), where the contempt of court referred to therein has been committed by a company and it is proved that the contempt 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 4 ----- be guilty of the contempt and the punishment may be enforced, with the leave of the court, by the detention in civil prison of such director, manager, secretary or other officer. _Explanation.—For the purpose of sub-sections (4) and (5),—_ (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[13. Contempts not punishable in certain cases.—Notwithstanding anything contained in any law for the time being in force,— (a) no court shall impose a sentence under this Act for a contempt of court unless it is satisfied that the contempt is of such a nature that it substantially interferes, or tends substantially to interfere with the due course of justice; (b) the court may permit, in any proceeding for contempt of court, justification by truth as a valid defence if it is satisfied that it is in public interest and the request for invoking the said defence is _bona fide.]_ **14. Procedure where contempt is in the face of the Supreme Court or a High Court.—(1) When** it is alleged, or appears to the Supreme Court or the High Court upon its own view, that a person has been guilty of contempt committed in its presence or hearing, the Court may cause such person to be detained in custody, and, at any time before the rising of the Court, on the same day, or as early as possible thereafter, shall— (a) cause him to be informed in writing of the contempt with which he is charged; (b) afford him an opportunity to make his defence to the charge; (c) after taking such evidence as may be necessary or as may be offered by such person and after hearing him, proceed, either forthwith or after adjournment, to determine the matter of the charge; and (d) make such order for the punishment or discharge of such person as may be just. (2) Notwithstanding anything contained in sub-section (1), where a person charged with contempt under that sub-section applies, whether orally or in writing, to have the charge against him tried by some judge other than the Judge or Judges in whose presence or hearing the offence is alleged to have been committed, and the Court is of opinion that it is practicable to do so and that in the interests of proper administration of justice the application should be allowed, it shall cause the matter to be placed, together with a statement of the facts of the case, before the Chief Justice for such directions as he may think fit to issue as respects the trial thereof. (3) Notwithstanding anything contained in any other law, in any trial of a person charged with contempt under sub-section (1) which is held, in pursuance of a direction given under sub-section (2), by a Judge other than the Judge or Judges in whose presence or hearing the offence is alleged to have been committed, it shall not be necessary for the Judge or Judges in whose presence or hearing the offence is alleged to have been committed to appear as a witness and the statement placed before the Chief Justice under sub-section (2) shall be treated as evidence in the case. (4) Pending the determination of the charge, the Court may direct that a person charged with contempt under this section shall be detained in such custody as it may specify: Provided that he shall be released on bail, if a bond for such sum of money as the Court thinks sufficient is executed with or without sureties conditioned that the person charged shall attend at the time and place mentioned in the bond and shall continue to so attend until otherwise directed by the Court: Provided further that the Court may, if it thinks fit, instead of taking bail from such person, discharge him on his executing a bond without sureties for his attendance as aforesaid. 1. Subs. by Act 6 of 2006, s. 2, for section 13 (w.e.f. 17-3-2006). 5 ----- **15. Cognizance of criminal contempt in other cases.—(1) In the case of a criminal contempt, other** than a contempt referred to in section 14, the Supreme Court or the High Court may take action on its own motion or on a motion made by— (a) the Advocate-General, or (b) any other person, with the consent in writing of the Advocate-General, [1][or] 1[(c) in relation to the High Court for the Union territory of Delhi, such Law Officer as the Central Government may, by notification in the Official Gazette, specify in this behalf, or any other person, with the consent in writing of such Law Officer.] (2) In the case of any criminal contempt of a subordinate court, the High Court may take action on a reference made to it by the subordinate court or on a motion made by the Advocate-General or, in relation to a Union territory, by such Law Officer as the Central Government may, by notification in the Official Gazette, specify in this behalf. (3) Every motion or reference made under this section shall specify the contempt of which the person charged is alleged to be guilty. _Explanation.—In this section, the expression “Advocate-General” means,—_ (a) in relation to the Supreme Court, the Attorney-General or the Solicitor-General; (b) in relation to the High Court, the Advocate-General of the State or any of the States for which the High Court has been established; (c) in relation to the court of a Judicial Commissioner, such Law Officer as the Central Government may, by notification in the Official Gazette, specify in this behalf. **16. Contempt by judge, magistrate or other person acting judicially.—(1) Subject to the** provisions of any law for the time being in force, a judge, magistrate or other person acting judicially shall also be liable for contempt of his own court or of any other court in the same manner as any other individual is liable and the provisions of this Act shall, so far as may be, apply accordingly. (2) Nothing in this section shall apply to any observations or remarks made by a judge, magistrate or other person acting judicially, regarding a subordinate court in an appeal or revision pending before such judge, magistrate or other person against the order or judgment of the subordinate court. **17. Procedure after cognizance.—(1) Notice of every proceeding under section l5 shall be served** personally on the person charged, unless the Court for reasons to be recorded directs otherwise. (2) The notice shall be accompanied,— (a) in the case of proceedings commenced on a motion, by a copy of the motion as also copies of the affidavits, if any, on which such motion is founded; and (b) in case of proceedings commenced on a reference by a subordinate court, by a copy of the reference. (3) The Court may, if it is satisfied that a person charged under section 15 is likely to abscond or keep out of the way to avoid service of the notice, order the attachment of his property of such value or amount as it may deem reasonable. (4) Every attachment under sub-section (3) shall be effected in the manner provided in the Code of Civil Procedure, 1908 (5 of 1908), for the attachment of property in execution of a decree for payment of money, and if, after such attachment, the person charged appears and shows to the satisfaction of the Court that he did not abscond or keep out of the way to avoid service of the notice, the Court shall order the release of his property from attachment upon such terms as to costs or otherwise as it may think fit. 1. Ins. by Act 45 of 1976, s. 2 (w.e.f. 30-3-1976). 6 ----- (5) Any person charged with contempt under section 15 may file an affidavit in support of his defence, and the Court may determine the matter of the charge either on the affidavits filed or after taking such further evidence as may be necessary, and pass such order as the justice of the case requires. **18. Hearing of cases of criminal contempt to be by Benches.—(1) Every case of criminal contempt** under section 15 shall be heard and determined by a Bench of not less than two judges. (2) Sub-section (1) shall not apply to the Court of a Judicial Commissioner. **19. Appeals.—(1) An appeal shall lie as of right from any order or decision of the High Court in the** exercise of its jurisdiction to punish for contempt— (a) where the order or decision is that of a single judge, to a Bench of not less than two judges of the Court; (b) where the order or decision is that of a Bench, to the Supreme Court: Provided that where the order or decision is that of the Court of the Judicial Commissioner in any Union territory, such appeal shall lie to the Supreme Court. (2) Pending any appeal, the appellate Court may order that— (a) the execution of the punishment or order appealed against be suspended; (b) if the appellant is in confinement, he be released on bail; and (c) the appeal be heard notwithstanding that the appellant has not purged his contempt. (3) Where any person aggrieved by any order against which an appeal may be filed satisfies the High Court that he intends to prefer an appeal, the High Court may also exercise all or any of the powers conferred by sub-section (2). (4) An appeal under sub-section (1) shall be filed— (a) in the case of an appeal to a Bench of the High Court, within thirty days; (b) in the case of an appeal to the Supreme Court, within sixty days, from the date of the order appealed against. **20. Limitation for actions for contempt.—No court shall initiate any proceedings of contempt,** either on its own motion or otherwise, after the expiry of a period of one year from the date on which the contempt is alleged to have been committed. **21. Act not to apply to Nyaya Panchayats or other village courts.—Nothing contained in this Act** shall apply in relation to contempt of _Nyaya Panchayats or other village courts, by whatever name_ known, for the administration of justice, established under any law. **22. Act to be in addition to, and not in derogation of, other laws relating to contempt.—The** provisions of this Act shall be in addition to, and not in derogation of, the provisions of any other law relating to contempt of courts. **23. Power of Supreme Court and High Courts to make rules.—The Supreme Court or, as the case** may be, any High Court, may make rules, not inconsistent with the provisions of this Act, providing for any matter relating to its procedure. **24. Repeal.—The Contempt of Courts Act, 1952 (32 of 1952), is hereby repealed.** 7 -----

26-Dec-1971

76

The Manipur (Hill Areas) District Councils Act, 1971

https://www.indiacode.nic.in/bitstream/123456789/1600/1/197176.pdf

central

# THE MANIPUR (HILL AREAS) DISTRICT COUNCILS ACT, 1971 ___________ ARRANGEMENT OF SECTIONS ___________ CHAPTER I PRELIMINARY SECTIONS 1. Short title and extent. 2. Definitions. CHAPTER II CONSTITUTION OF DISTRICT COUNCILS 3. Division of Hill Areas into autonomous districts. 4. Constitution of District Councils and their composition. 5. Delimitation of constituencies. 6. Power to alter or amend delimitation orders. 7. Qualifications for membership. 8. Disqualifications for membership. 9. Electors on electoral rolls. 10. Right to vote. 11. Election of members. 12. Notification of results of elections. 13. Term of office of members. 14. Disputes as to elections. 15. Relief that may be claimed by petitioner. 16. Grounds on which an election may be called in question. 17. Procedure to be followed by the District Judge. 18. Decision of the District Judge. 19. Procedure in case of equality of votes. 20. Finality of decisions. 21. Power to make rules regulating the election of members. 22. Incorporation of District Councils. 23. Chairman and Vice-Chairman. 24. Oath or affirmation by members. 25. Vacation of seats. 26. Allowances of members. 27. Liability of members. 28. Members to be deemed to be public servants. CHAPTER III FUNCTIONS OF DISTRICT COUNCILS 29. Functions of District Councils. 1 ----- CHAPTER IV PROCEDURE AND STAFF OF DISTRICT COUNCILS SECTIONS 30. Conduct of business. 31. Committees. 32. Officers and staff. CHAPTER V FINANCE OF DISTRICT COUNCILS AND VESTING OF PROPERTY 33. Powers of taxation. 34. Levy of fees. 35. Procedure for imposing taxes. 36. Abolition or reduction of taxes. 37. Recovery of taxes and fees. 38. Assessment and collection of taxes and fees. 39. Appeals. 40. Instalments of taxes and fees. 41. Power to exempt from taxation. 42. Recoveries of moneys claimable by the Council. 43. Council Fund. 44. Property vested in District Council. 45. Budget. CHAPTER VI CONTROL 46. Control. 47. Supersession of District Council. 48. Effect of certain provisions during the period when the Hill Areas Committee is not functioning. CHAPTER VII OFFENCES AND PENALTIES 49. Penalty for obstruction. 50. Penalty for entering into any contract with the Council. CHAPTER VIII RULES AND BYE-LAWS 51. Power of Administrator to make rules. 52. Power to make bye-laws. 53. Penalty for infringement of rules or bye-laws. 2 ----- # THE MANIPUR (HILL AREAS) DISTRICT COUNCILS ACT, 1971 ACT NO. 76 OF 1971 [26th December, 1971.] An Act to provide for the establishment of District Councils in the Hill Areas in the Union territory of Manipur. BE it enacted by Parliament in the Twenty-second Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title and extent.—(1) This Act may be called the Manipur (Hill Areas) District Councils** Act, 1971. (2) It extends to the whole of the Union territory of Manipur. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “Administrator” means the administrator of the Union territory of Manipur appointed under article 239 of the Constitution; (b) “autonomous district” means an autonomous district referred to in sub-section (1) of section 3; (c) “building” includes a house, out-house, stable, latrine, urinal, shed, hut, wall (other than boundary wall) and any other structure (whether of masonry, bricks, wood, mud or other material) but does not include any portable or temporary shelter; (d) “constituency” means a District Council constituency provided by order made under section 5 for the purpose of elections to the District Council; (e) “Deputy Commissioner”, in relation to any District Council, means the officer appointed as such by the Administrator, by notification in the Official Gazette, to perform the functions of the Deputy Commissioner under this Act in the autonomous district for which such District Council has been constituted; (f) “Hill Areas” means the Hill Areas determined by the President by any notification issued under sub-section (2) of section 52 of the Government of Union Territories Act, 1963 (20 of 1963) and in force immediately before the commencement of this Act; (g) “Hill Areas Committee” means the Standing Committee referred to in section 52 of the Government of Union Territories Act, 1963 (20 of 1963); (h) “market” includes any place where persons assemble for the sale of, or for the purpose of exposing for sale of, meat, fish, fruit, vegetables, animals intended for human food or any other articles of human food whatsoever with or without the consent of the owner of such place notwithstanding that there may be no common regulation for the concourse of buyers and sellers and whether or not any control is exercised over the business of, or the persons frequenting, the market by the owner of the place or by any other persons; (i) “member” means a member of a District Council constituted under this Act; (j) “Official Gazette” means the Gazette of the Union territory of Manipur; (k) “person” does not include a body of persons; (l) “prescribed” means prescribed by rules made under this Act; (m) “Scheduled Tribes” has the same meaning assigned to it in clause (25) of article 366 of the Constitution; (n) “vehicle” includes a carriage, cart, hand-cart, bicycle, tricycle and every wheeled conveyance which is used or is capable of being used on a street but does not include a mechanically propelled vehicle. 3 ----- CHAPTER II CONSTITUTION OF DISTRICT COUNCILS **3. Division of Hill Areas into autonomous districts.—(1) As soon as may be after the** commencement of this Act, the Administrator shall cause all the Hill Areas to be divided into not more than six autonomous districts. (2) The Administrator may, by order notified in the Official Gazette,— (a) declare that any area in any autonomous district which is, or is intended to be, included within the limits of any municipality, cantonment or town committee shall cease to be a part of such autonomous district; (b) increase the area of any autonomous district; (c) diminish the area of any autonomous district; (d) unite two or more autonomous districts or parts thereof so as to form one autonomous district; (e) define the boundaries of any autonomous district; (f) alter the name of any autonomous district. (3) No order under sub-section (2) shall be made by the Administrator except after consultation with the Hill Areas Committee. (4) Any order made by the Administrator under sub-section (2) may contain such incidental and consequential provisions as appear to the Administrator to be necessary for giving effect to the provisions of the order. **4. Constitution of District Councils and their composition.—(1) For each autonomous district there** shall be a District Council as from such date as the Administrator may, by notification in the Official Gazette, appoint in this behalf. (2) The total number of seats in the District Council to be filled by persons chosen by direct election on the basis of adult suffrage from territorial constituencies shall be not more than eighteen. (3) The Administrator may nominate not more than two persons, not being persons in the service of Government, to be members of any District Council. **5. Delimitation of constituencies.—The Administrator shall, by order, determine—** (a) the constituencies (which shall be single member constituencies) into which an autonomous district shall be divided for the purpose of election of members to the District Council of that district; and (b) the extent of each constituency. **6. Power to alter or amend delimitation orders.—The Administrator may, from time to time, by** order, alter or amend any order made under section 5. **7. Qualifications for membership.—A person shall not be qualified to be chosen as a member of a** District Council of any autonomous district unless he is an elector for any District Council constituency in that autonomous district. **8. Disqualifications for membership.—(1) A person shall be disqualified for being chosen as a** member of a District Council if he is for the time being disqualified for being chosen as a member of either House of Parliament or holds any office of profit under any District Council. (2) For the purposes of this section, a person shall not be deemed to hold an office of profit under a District Council by reason only that he is a member thereof. **9. Electors on electoral rolls.—(1) The persons entitled to vote at elections of members of a District** Council shall be the persons entitled, by virtue of the provisions of the Constitution and the 4 ----- Representation of the People Act, 1950 (43 of 1950), to be registered as voters at elections to the House of the People. (2) So much of the electoral roll for any parliamentary constituency for the time being in force as relates to the areas comprised within a constituency formed under section 5 shall be deemed to be the electoral roll for that constituency for the purposes of this Act. **10. Right to vote.—(1) Every person whose name is, for the time being, entered in the electoral roll** of a constituency shall be entitled to vote at the election of a member of the District Council from that constituency. (2) Every person shall give one vote and no more to any one candidate at an election. **11. Election of members.—Election of members of a District Council shall be held in accordance** with the rules made under section 21 on such date or dates as the Administrator may, by notification in the Official Gazette, direct: Provided that a casual vacancy shall be filled as soon as may be after the occurrence of the vacancy: Provided further that no election shall be held to fill up a casual vacancy occurring within four months prior to the holding of a general election under this section. **12. Notification of results of elections.—The names of all persons elected or nominated to be** members of a District Council shall be published by the Administrator in the Official Gazette. **13. Term of office of members.—(1) Save as otherwise provided in this section, the term of office of** a member shall be five years and shall commence from the date of the notification of his election or nomination under section 12 or from the date on which the vacancy in which he is elected or nominated has occurred, whichever date is later: Provided that the Adminstrator may, when satisfied that it is necessary in order to avoid administrative difficulty, extend the term of office of all the members by such period not exceeding one year as he thinks fit. (2) The term of office of a member elected to fill a casual vacancy shall commence from the date of the notification of his election and shall continue so long only as the member in whose place he is elected would have been entitled to hold office if the vacancy had not occurred. **14. Disputes as to elections.—(1) No election of a member shall be called in question except by an** election petition presented to the court of the District Judge having jurisdiction in the area in which the constituency concerned is situated, within thirty days from the date of the notification of the result of the election under section 12. (2) An election petition calling in question any such election may be presented on one or more of the grounds specified in section 16 by any candidate at such election or by any elector of the constituency. (3) A petitioner shall join as respondents to his petition all the candidates at the election. (4) An election petition— (a) shall contain a concise statement of the material facts on which the petitioner relies; (b) shall, with sufficient particulars, set forth the ground or grounds on which the election is called in question; 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. **15. Relief that may be claimed by 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. 5 ----- **16. Grounds on which an election may be called in question.—The election of a returned candidate** may be called in question on any one or more of the following grounds, namely:— (a) that on the date of his election the returned candidate was not qualified to be elected, or he was disqualified for being elected, as a member under this Act; or (b) that the nomination paper of any candidate at the election has been improperly rejected; or (c) that the result of the election has been materially affected by the improper acceptance of a nomination paper or by the improper acceptance or refusal of a vote or by any other cause. **17. Procedure to be followed by the District Judge.—The procedure provided in the Code of Civil** Procedure, 1908 (5 of 1908) in regard to suits shall be followed by the court of the District Judge, as far as it can be made applicable, in the trial and disposal of an election petition under this Act. **18. Decision of the District Judge.—(1) At the conclusion of the trial of an election petition, the** court of the District Judge shall make an order— (a) dismissing the election petition; or (b) declaring the election of all or any of the returned candidates to be void; or (c) declaring the election of all or any of the returned candidates to be void and the petitioner or any other candidate to have been duly elected. (2) If any person who has filed 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 court of the District Judge 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, the petitioner or such other candidate would have obtained a majority of the valid votes, the court of the District Judge 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. **19. Procedure in case of equality of votes.—(1) If during the trial of an election petition it appears** that there is equality of votes between any candidates at the election and that the addition of a vote would entitle any of those candidates to be declared elected, then, the court of the District Judge shall decide between them by lot and proceed as if the one on whom the lot falls had received an additional vote. **20. Finality of decisions.—(1) An order of the court of the District Judge on an election petition shall** be final and conclusive. (2) An election of a member not called in question in accordance with the foregoing provisions shall be deemed to be a good and valid election. **21. Power to make rules regulating the election of members.—The Administrator may make rules** to regulate all or any of the following matters for the purpose of the holding of elections of members under this Act, namely:— (a) the manner of the splitting up of electoral rolls for parliamentary constituencies into parts for the purpose of constituting one or more of such parts into electoral roll for a constituency; and the officer or authority by whom such splitting up is to be carried out; (b) the drawing up of the programme of election; (c) the appointment of returning officers, presiding and polling officers for election; (d) the nomination of candidates and the scrutiny of such nomination; (e) the deposits to be made by candidates and the time and manner of making such deposits; (f) the withdrawal of candidatures; (g) the appointment of agents of candidates; 6 ----- (h) the time and manner of holding elections; (i) the general procedure at the elections including the time, place and hours of poll and the method by which votes shall be cast; (j) the fee to be paid on an election petition; (k) any other matter relating to elections or election disputes in respect of which the Administrator deems it necessary to make rules under this section or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Administrator, necessary. **22. Incorporation of District Councils.—Each District Council shall be a body corporate by the** name respectively of “the District Council of (name of autonomous district)” and shall have 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. **23. Chairman and Vice-Chairman.—(1) A District Council shall, as soon as may be, choose two** members to be respectively Chairman and Vice-Chairman thereof and so often as the office of Chairman or Vice-Chairman becomes vacant, the Council shall choose another member to be Chairman or Vice-Chairman, as the case may be: Provided that the Administrator may nominate the first Chairman who shall hold office for a period not exceeding one year. (2) If a resolution for the removal of an elected Chairman is passed by not less than two-thirds of the total membership of the Council at a meeting convened in accordance with the provisions of sub-section (3), such resolution shall have the effect of removing the Chairman from his office as from the date on which the resolution is so passed and if such resolution is passed by less than two-thirds but not less than one-half of the total membership of the Council, the Administrator may, by order in writing, remove, for reasons to be recorded, the Chairman from his office as from such date as may be specified in the order: Provided that no such resolution shall be brought within one year from the date of election of the Chairman: Provided further that if the resolution is not passed by not less than two-thirds of the total membership of the Council, no other resolution for the removal of the Chairman shall be allowed to be considered within one year from the date on which such resolution was considered. (3) A notice in writing of the intention to move a resolution referred to in sub-section (2) signed by not less than one-third of the total membership of the Council together with a copy of the proposed resolution shall be delivered to the Deputy Commissioner in accordance with the rules made by the Deputy Commissioner in this behalf and the Deputy Commissioner shall, after giving not less than fifteen days' notice thereon, convene for consideration of the resolution a meeting of the Council to be held in the office of the Council on a date not later than thirty days from the date on which the notice was delivered to him and he shall preside over the meeting. (4) The Chairman of the Council shall be a whole-time functionary and shall be entitled to such salary or allowances as may be fixed by the Administrator. **24. Oath or affirmation by members.—Every member shall, before taking his seat, make and** subscribe at a meeting of the District Council, an oath or affirmation in the prescribed form. **25. Vacation of seats.—(1) No person shall be a member both of the Legislative Assembly of the** Union territory of Manipur and of a District Council and if a person is chosen a member both of the Legislative Assembly and of a District Council, then, at the expiration of fourteen days from the date of publication in the Official Gazette that he has been so chosen, that person’s seat in the District Council shall become vacant unless he has previously resigned his seat in the Legislative Assembly. (2) If a member— (a) becomes subject to any of the disqualifications mentioned in section 8; or 7 ----- (b) resigns his seat by writing under his hand addressed to the Chairman of the District Council, his seat shall thereupon become vacant. (3) If during the six successive months a member is, without the permission of the District Council, absent from all meetings thereof, the Council may declare his seat vacant. (4) If any question arises as to whether a member has become subject to any of the disqualifications mentioned in section 8, it shall be referred to the District Judge having jurisdiction in the area in which the constituency concerned is situated and his decision shall be final. **26. Allowances of members.—Subject to the provisions of sub-section (4) of section 23, every** member shall be entitled to receive such allowances as may be determined by the Administrator. **27. Liability of members.—Every person shall be liable for the loss, waste or misappropriation of** any money or other property belonging to a District Council, if such loss, waste or misappropriation is a direct consequence of his neglect or misconduct while a member of the District Council and a suit for compensation may be instituted against him by the Council with the previous sanction of the Deputy Commissioner or by the Deputy Commissioner with the previous sanction of the Administrator. **28. Members to be deemed to be public servants.—Every member shall be deemed to be a public** servant within the meaning of section 21 of the Indian Penal Code (45 of 1860). CHAPTER III FUNCTIONS OF DISTRICT COUNCILS **29. Functions of District Councils.—(1) Subject to such exceptions and conditions as the** Administrator may make and impose, the following matters shall be under the control and administration of a District Council, namely:— (i) the maintenance and management of such property, movable and immovable, and institutions as may be transferred to that Council by the Administrator; (ii) the construction, repair and maintenance of such of the roads, bridges, channels and buildings as may be transferred to that Council by the Administrator; (iii) the establishment, maintenance and management of primary schools and the construction and repair of all buildings connected with these institutions and institution of scholarships; (iv) the establishment, maintenance and management of dispensaries; (v) the establishment and maintenance of cattle pounds including such functions under the Cattle-trespass Act, 1871 (1 of 1871) as may be transferred to that Council by the Administrator; (vi) the establishment, maintenance and management of markets and fairs and the construction, repair and maintenance of all buildings connected therewith; (vii) the supply, storage and prevention from pollution of water for drinking, cooking and bathing purposes; (viii) the construction, repair and maintenance of embankments and the supply, storage and control of water for agricultural purposes; (ix) the preservation and reclamation of soil; (x) the preservation, protection and improvement of live-stock and prevention of animal diseases; (xi) public health and sanitation; (xii) the management of such ferries as may be entrusted to the charge of that Council by the Administrator; (xiii) the initiation, inspection and control of relief works; (xiv) the allotment, occupation or use, or the setting apart of land, other than land acquired for any public purpose or land which is a reserved forest, for the purpose of agriculture or grazing or for 8 ----- residential or other non-agricultural purposes or for any other purposes likely to promote the interests of the inhabitants of any village or town situated within the autonomous district for which that council is constituted; _(xv) the management of any forest not being a reserved forest;_ (xvi) the regulation of the practice of Jhum or other form of shifting cultivation; and (xvii) any other matter which the Administrator may, in consultation with the Hill Areas Committee, entrust to the District Council in the field of agriculture, animal husbandry, community development, social and tribal welfare, village planning or any other matter referred to in section 52 of the Government of Union Territories Act, 1963 (20 of 1963). (2) It shall be competent for a District Council to recommend to the Government of the Union territory of Manipur legislation relating to the following matters in so far as they concern members of the Scheduled Tribes, namely:— (a) appointment or succession of Chiefs; (b) inheritance of property; (c) marriage and divorce; and (d) social customs. CHAPTER IV PROCEDURE AND STAFF OF DISTRICT COUNCILS **30. Conduct of business.—A District Council shall conduct its business in such manner and in** accordance with such procedure as may be prescribed. **31. Committees.—A District Council may, from time to time, appoint out of its own body such and** so many committees for the efficient discharge of its duties as may be necessary. **32. Officers and staff.—(1) For every District Council there shall be a Chief Executive Officer, who** shall be appointed by the Administrator. (2) If a resolution for removal of the Chief Executive Officer is passed at a meeting of the District Council by a majority of not less than two-thirds of the total membership of the Council, the Administrator shall remove him forthwith. (3) The District Council shall appoint such officers and staff as may be necessary for the proper and efficient execution of its duties and make regulations for their conditions of service. (4) The power of appointing officers and staff (whether temporary or permanent) shall be exercised in accordance with the rules framed for the purpose by the Administrator. (5) The conditions of service applicable to a person immediately before his appointment to a post under a District Council shall not be varied to his disadvantage except with the previous approval of the Administrator. (6) Every officer or member of staff of a District Council shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860). CHAPTER V FINANCE OF DISTRICT COUNCILS AND VESTING OF PROPERTY **33. Powers of taxation.—Notwithstanding anything to the contrary contained in any other law for the** time being in force, a District Council shall have the power to levy all or any of the following taxes within the autonomous district for which the Council is constituted, that is to say— (a) taxes on professions, trades, callings and employments; (b) taxes on animals, vehicles (other than mechanically propelled vehicles) and boats; 9 ----- (c) taxes on entry of goods into a market for sale there in and tolls on passengers and goods carried in ferries; (d) taxes for the maintenance of schools, dispensaries or roads; and (e) any other tax falling under List II of the Seventh Schedule to the Constitution which the Legislature of the Union territory of Manipur may, by law, empower the District Council to levy. **34. Levy of fees.—A District Council may fix and levy—** (a) school fees; and (b) fees for the use of, or benefits derived from, any of the works done or services rendered under section 29. **35. Procedure for imposing taxes.—(1) A District Council may resolve at a meeting specially** convened for the purpose to propose the imposition of any of the taxes mentioned in section 33. (2) When a resolution has been passed, the Council shall publish a notice in the Official Gazette and also in the prescribed manner, defining the class of persons or description of property proposed to be taxed, the amount or rate of tax to be imposed and the system of assessment to be adopted. (3) Any person, directly or indirectly affected by the proposed tax and objecting to it, may, within thirty days from the publication of the notice, send his objections in writing to the Council and the Council shall, at a specially convened meeting, take all such objections into consideration. (4) If no objection is sent within the said period of thirty days or if the objections received are deemed insufficient, the Council may submit its proposals to the Administrator with the objections, if any, and its decision thereon. (5) The Administrator may then sanction the proposals or refuse to sanction them or return them to the Council for further consideration. (6) When the proposal in respect of a tax has been sanctioned, the Administrator shall notify its imposition in the Official Gazette and specify a date not later than three months from the date of notification on which the tax shall come into force. **36. Abolition or reduction of taxes.—The Administrator may, by notification in the Official Gazette,** and a District Council may with the previous approval of the Administrator by a resolution passed at a meeting specially convened for the purpose, abolish or reduce any tax imposed under section 33. **37. Recovery of taxes and fees.—All arrears of taxes and fees levied under this Act may be** recovered under the law for the time being in force for the recovery of public dues as if such arrears were public dues. **38. Assessment and collection of taxes and fees.—A District council may, by notification in the** Official Gazette, determine the person by whom any tax or fee shall be assessed and collected and make rules for the assessment and collection of such tax or fee and direct in what manner persons employed in the assessment or collection shall be remunerated. **39. Appeals.—(1) In matters connected with the assessment and collection of any tax or fee levied** under this Act, an appeal shall lie from the order of any person authorised to make assessment or collections to such person as the Administrator may appoint or designate for the purpose. (2) An appeal under sub-section (1) shall be presented within thirty days from the date of the order. (3) The order passed on the appeal shall be final. **40. Instalments of taxes and fees.—A District Council may, by notification in the Official Gazette** and with the previous approval of the Deputy Commissioner, prescribe by what instalments and at what times any tax or fee shall be payable. **41. Power to exempt from taxation.—A District Council may, with the previous approval of the** Administrator, by notification in the Official Gazette, remit or reduce any tax or fee or exempt any 10 ----- persons or class of persons or any description of property, wholly or in part, from liability to any tax or fee and cancel any such remission, reduction or exemption. **42. Recoveries of moneys claimable by the Council.—(1) Save as provided by section 37, all** moneys claimable by a District Council may be recovered on an application to a Magistrate having jurisdiction in the area where the person from whom the money is claimable may, for the time being, be resident, by the distress and sale of any movable property or by the attachment and sale of any immovable property, within the limits of his jurisdiction belonging to such person and the cost of such proceedings shall be recoverable in the same manner as the said moneys. (2) An application for recovery of money shall be in writing and shall be signed by an officer authorised in this behalf by order of the Chairman of the Council. **43. Council Fund.—(1) All moneys received by or on behalf of a District Council under the** provisions of this Act or any other law for the time being in force shall be credited to a fund which shall be called the “Council Fund” and it shall be held by the District Council in trust for the purposes of this Act. (2) All expenditure of the Council shall be defrayed out of the Council Fund. (3) The Administrator may make rules for the management of the Council Fund and for the procedure to be followed in respect of payment of money into the said Fund, the withdrawal of moneys therefrom, the custody of moneys therein and any other matter connected with or ancillary to the matters aforesaid. (4) The accounts of a District Council shall be kept in such form as may be prescribed. (5) The accounts of a District Council shall be audited in such manner as may be prescribed. **44. Property vested in District Council.—Subject to any order of the Administrator, all property of** the nature specified below and situated in the autonomous district shall vest in and belong to the District Council for which it is constituted and shall, with all other property which may become vested in the Council, be under its direction, management and control and shall be held and applied for the purposes of this Act— (a) all public buildings, constructed or maintained out of the Council Fund; (b) all public roads which have been constructed or are maintained out of the Council Fund and the stones and other materials thereof and also all trees, erections, materials, implements and things provided for such roads; (c) all land or other property transferred to the District Council by the Administrator or by gift, sale or otherwise for public purposes. **45. Budget.—(1) A District Council shall, on or before a prescribed day in each year submit to the** Administrator an estimate of the income and expenditure of the Council for the next financial year in such form as may be prescribed. (2) The Administrator may, on or before a prescribed day, return the estimate of the Council with or without modifications. (3) When a budget is returned with modifications under sub-section (2), the Council shall consider the proposed modifications, take a decision thereon and report the same to the Administrator. (4) The budget estimate finally adopted by the Council shall be the budget of the District Council. (5) Any subsequent alteration in the budget or reappropriation or transfer of provision within the estimate shall be made with the approval of the Administrator. CHAPTER VI CONTROL **46. Control.—(1) It shall be the duty of the Chairman of a District Council to furnish to the Deputy** Commissioner a copy of the proceedings of the meetings of the Council and such other information as the Deputy Commissioner may require. 11 ----- (2) The Deputy Commissioner shall have the power to give to any District Council all such directions as he may consider necessary in respect of subjects, curricula, text books and standards of teaching in schools vested wholly or partly in the Council and in schools wholly or partly maintained by grants payable from the Council Fund and the Council shall comply with such directions. (3) The Deputy Commissioner may, by order, and for reasons to be recorded, suspend the execution of any resolution or order of any District Council or prohibit the doing of any act which is about to be done, or is being done, in pursuance of or under cover of any provision of the law relating to the constitution or functions of the District Council, if, in his opinion, the resolution, order or act is in excess of the powers conferred by law or the execution of the resolution or order or the doing of the act is likely to lead to a breach of the peace, or to cause annoyance or injury to the public or to any class or body of persons: Provided that the Council may, within fifteen days of the date of the order of the Deputy Commissioner offer such explanation as it deems fit in relation to the execution of the resolution or order which has been suspended or the doing of the act has been prohibited. (4) When the Deputy Commissioner makes any order as aforesaid, he shall forthwith send a copy of it to the Administrator with a statement of the reasons for making it and forward in due course to the Administrator the explanation, if any, offered by the Council and the Administrator may, thereupon, confirm, modify or rescind the order of the Deputy Commissioner. **47. Supersession of District Council.—(1) If, on receipt of a report from the Deputy Commissioner** or otherwise, the Administrator is of opinion that— (a) any District Council is not competent to perform, or persistently makes default in the performance of, the duties imposed on it by or under this Act or any other law; or (b) any District Council exceeds or abuses its powers; or (c) the financial position and credit position of any District Council is seriously threatened; or (d) a situation has arisen in which the administration of any District Council cannot be carried on in accordance with the provisions of this Act, the Administrator may, by an order published, together with a statement of reasons therefor, in the Official Gazette, supersede such Council for such period, not exceeding one year, as may be specified in the order: Provided that before making an order of supersession as aforesaid under clause (a) or clause (b) or clause (c), reasonable opportunity shall be given to such Council to show cause why such order of supersession should not be made: Provided further that the period of supersession may be extended for any further period or periods not exceeding six months at a time in consultation with the Hill Areas Committee. (2) When any District Council is superseded by an order under sub-section (1),— (a) all the members of the Council (including the Chairman and Vice-Chairman thereof) shall, on such date as may be specified in the order, vacate their offices as such members without prejudice to their eligibility for election or nomination under clause (d); (b) during the period of supersession of the Council, all powers and duties conferred and imposed upon the Council by or under this Act or any other law shall be exercised and performed by such officer or authority as the Administrator may appoint in this behalf; (c) all property vested in the Council shall, until it is reconstituted, vest in the Central Government; (d) before the expiry of the period of supersession, election or nomination, as the case may be, of members to the Council shall be held or made for the purpose of reconstituting the Council. 12 ----- **48. Effect of certain provisions during the period when the Hill Areas Committee is not** **functioning.—Where at any time, consequent on the dissolution of the Legislative Assembly of the** Union territory of Manipur, the Hill Areas Committee is not functioning, then, during the period when such Committee is not functioning,— (i) section 3 shall have effect as if sub-section (3) thereof had been omitted; (ii) clause (xvii) of section 29 and the second proviso to sub-section (1) of section 47 have effect as if the words “in consultation with the Hill Areas Committee” had been omitted therefrom. CHAPTER VII OFFENCES AND PENALTIES **49. Penalty for obstruction.—If any person wilfully obstructs a District Council or any officer or** servant of a District Council or any person authorised by the District Council in the exercise of its powers, he shall be punishable with fine which may extend to fifty rupees. **50. Penalty for entering into any contract with the Council.—If any member, officer or other** employee of a District Council enters into any contract with the Council, he shall be deemed to have committed an offence under section 168 of the Indian Penal Code (45 of 1860). CHAPTER VIII RULES AND BYE-LAWS **51. Power of Administrator to make rules.—(1) Without prejudice to the power to make rules** under any other provision of this Act, the Administrator may, after previous publication, make, by notification in the Official Gazette, rules for the purpose of carrying out the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may— (i) regulate the conduct of business of a District Council; (ii) prescribe the forms in which the budget estimate is to be prepared and the dates for the various stages of its completion; (iii) determine the language in which the business of a District Council will be transacted; (iv) regulate the powers of a District Council to transfer property; (v) regulate the powers of a District Council to contract and do other things necessary for the purposes of its constitution and the mode of executing contracts; (vi) regulate the employment, payment, suspension and removal of officers and staff of a District Council; _(vii) protect the terms and conditions of service of Government servants transferred to a District_ Council; (viii) prescribe the forms for statements, registers, estimates and accounts of a District Council and regulate the keeping, checking and publication of such accounts; (ix) prescribe the authority by whom and the manner in which the accounts of a District Council shall be audited; and (x) provide for any other matter for which rules have to be made under this Act. **52. Power to make bye-laws.—(1) Subject to the provisions of this Act and of the rules made** thereunder, a District Council may make bye-laws to provide for all or any of the following matters in the autonomous district for which it is constituted or in any part thereof, namely:— (a) the maintenance and management of schools and grants of stipends and scholarships; (b) control and administration of dispensaries, their construction and repairs, the supply of medicines and the measures to be taken during the prevalence of diseases; 13 ----- (c) the protection from pollution of such tanks, springs, wells or parts of rivers, streams, channels or water courses as are set apart for drinking or culinary purposes; (d) any other matter which is necessary for carrying out all or any of the provisions of this Act and the rules made thereunder. (2) A bye-law made under sub-section (1) shall not have effect until it has been confirmed by the Administrator and published in such manner as he may direct. (3) The Administrator, in confirming a bye-law, may make any change therein which appears to him to be necessary. **53. Penalty for infringement of rules or bye-laws.—(1) In making any rule, the Administrator, and** in making any bye-law, a District Council, may direct that the breach of the same shall be punishable with fine which may extend to one hundred rupees and in the case of a continuing breach with a further fine which may extend to ten rupees of every day during which the breach is continued after the offender has been convicted of such breach. (2) In default of payment of any fine, the defaulter shall be punishable with imprisonment for a term which may extend to fifteen days. 14 -----

30-Dec-1971

81

The North-Eastern Areas (Reorganisation) Act, 1971

https://www.indiacode.nic.in/bitstream/123456789/1534/1/197181.pdf

central

# THE NORTH-EASTERN AREAS (REORGANISATION) ACT, 1971 _________ ARRANGEMENT OF SECTIONS _________ PART I PRELIMINARY SECTIONS 1. Short title. 2. Definitions. PART II ESTABLISHMENT OF THE STATES OF MANIPUR AND TRIPURA AND FORMATION OF THE STATE OF MEGHALAYA AND OF THE UNION TERRITORIES OF MIZORAM AND ARUNACHAL PRADESH 3. Establishment of the State of Manipur. 4. Establishment of the State of Tripura. 5. Formation of the State of Meghalaya. 6. Formation of the Union territory of Mizoram. 7. Formation of the Union territory of Arunachal Pradesh. 8. Territories of the State of the Assam. 9. Amendment of first Schedule to the Constitution. PART III REPRESENTATION IN THE LEGISLATURES _The Council of States_ 10. Amendment of Fourth Schedule to the Constitution. 11. Allocation of sitting members representing the existing Union territories of Manipur and Tripura. 12. Election to fill the seats allotted to the State of Meghalaya and the Union territories of Mizoram and Arunachal Pradesh. 13. Amendment of section 27A of Act 43 of 1950. _The House of the People_ 14. Allocation of seats in the existing House of the People. 15. Parliamentary constituencies of the States of Manipur and Tripura and provision as to sitting members. 16. Provision as to sitting members representing Cachar and Dhubri parliamentary constituencies in the House of the People and the election of representative from Diphu parliamentary constituency. 17. Parliamentary constituencies of the State of Meghalaya and provision as to sitting member representing the Autonomous Districts parliamentary constituency in the House of the People and the election of representative from Tura parliamentary constituency. 18. Parliamentary constituency of the Union territory of Mizoram. 19. Provision as to the member to represent Arunachal Pradesh in the House of the People. _The Legislative Assemblies_ 20. Allocation of seats in the Legislative Assemblies. 21. Amendment of Second Schedule to Act 43 of 1950. 1 ----- SECTIONS 22. Delimitation of constituencies. 23. Power of Election Commission to maintain delimitation orders up-to-date. 24. Validation of acts done previous to the commencement of the Act. # 25. Amendment of Scheduled Castes Orders. 26. Amendment of Scheduled Tribes Orders. 27. Provision as to Provisional Legislative Assembly of the State of Meghalaya and as to Rules of Procedure and Conduct of Business of the Legislative Assemblies of the States of Meghalaya, Manipur and Tripura. PART IV HIGH COURT 28. Common High Court for Assam, Nagaland, Meghalaya, Manipur and Tripura. 28A. Establishment of separate High Courts for the States of Meghalaya, Manipur and Tripura. 28B. Judges of High Courts of Meghalaya, Manipur and Tripura. 28C. Jurisdiction of High Courts of Meghalaya, Manipur and Tripura. 28D. Custody of seal of High courts of Meghalaya, Manipur and Tripura. 28E. Practice and procedure in the High Courts of Meghalaya, Manipur and Tripura. 28F. Forms of writs and other processes. 28G. Powers of Judges. 28H. Procedure as to appeals to Supreme Court. 28-I. Transfer of proceedings from common High Court to the High Courts of Meghalaya, Manipur and Tripura. 28J. Interpretation. 28K. Saving. 29. Jurisdiction of the common High Court. 30. Abolition of certain Courts. 31. Principal seat and other places of sitting of the common High Court. 32. Extension of jurisdiction of the common High Court to the Union territories of Mizoram and Arunachal Pradesh. 33. Allocation of expenditure of the common High Court. 34. Special provisions relating to advocates and Bar Council. 35. Practice and procedure in the common High Court. 36. Custody of seal of the common High Court. 37. Form of writs and other processes. 38. Powers of Judges. 39. Procedure as to appeals to Supreme Court. 40. Transfer of proceedings from the High Court of Assam and Nagaland and the Courts of the Judicial Commissioners to the common High Court. 41. Interpretation. 42. Right to appear or act in proceedings transferred to the common High Court. 43. Savings. PART V AUTHORISATION OF EXPENDITURE AND DISTRIBUTION OF REVENUES 44. Authorisation of expenditure pending sanction by Legislatures. 45. Appropriation of moneys for expenditure to the Union territory of Arunachal Pradesh. 46. Reports relating to the accounts of the Union territories of Manipur and Tripura. 2 ----- SECTIONS 47. Reports relating to the accounts of the autonomous State of Meghalaya. 48. Allowances and privileges of the Governors of Assam, Manipur, Meghalaya and Tripura. 49. Distribution of revenues. PART VI ASSETS AND LIABILITIES 50. Property, assets, rights, liabilities, obligations, etc., of the States of Manipur and Tripura. 51. Assets and liabilities of the State of Meghalaya. 52. Assets and liabilities (including public debt) relating to the Mizo District. PART VII PROVISIONS AS TO CERTAIN CORPORATIONS 53. Provisions as to certain Corporations. 54. Continuance of arrangements in regard to generation and supply of electric power and supply of water. 55. Provisions as to Assam State Financial Corporation. 56. General provisions as to statutory corporations. 57. Temporary provisions as to continuance of certain existing road transport permits. 58. Special provision relating to retrenchment compensation in certain cases. 59. Special provisions as to income-tax. 60. Continuance of facilities in certain State institutions. PART VIII PROVISIONS AS TO SERVICES 61. Provisions relating to All-India Services. 62. Provision relating to Services in Manipur and Tripura. 63. Special provisions relating to members of Central Health Service. 64. Provisions relating to Services in the existing State of Assam. 65. Provisions relating to Services in the autonomous State of Meghalaya. 66. Other provisions relating to Services. 67. Provisions as to continuance of officers in same posts. 68. Advisory Committees. 69. Power of Central Government to give directions. 70. Provisions as to State Public Service Commission. PART IX LEGAL AND MISCELLANEOUS PROVISIONS 71. Amendment of articles 210, 239A, 244, 244A, 275, 332, 371B and Fifth and Sixth Schedules to the Constitution. 72. Amendment of Act 2 of 1934. 73. Amendment of Act 64 of 1950. 74. Amendment of Act 37 of 1956. 75. Amendment of Act 20 of 1963. 76. Amendment of Act 56 of 1955 and the Tripura (Courts) Order, 1950. 77. Territorial extent of laws. 78. Continuance of existing District Councils and Regional Council and members thereof. 3 ----- SECTIONS 79. Power to adapt laws. 80. Power to construe laws. 81. Power to name authorities, etc., for exercising statutory functions. 82. Legal proceedings. 83. Rights of pleaders to practise in certain cases. 84. Transfer of pending proceedings. 85. Provisions as to continuance of courts, etc. 86. Effect of provisions of the Act inconsistent with other laws. 87. Power to remove difficulties. 87A. Power to remove difficulties. 88. Power to make rules. THE FIRST SCHEDULE. THE SECOND SCHEDULE. THE THIRD SCHEDULE. THE FOURTH SCHEDULE. THE FIFTH SCHEDULE. THE SIXTH SCHEDULE. THE SEVENTH SCHEDULE. THE EIGHTH SCHEDULE. THE NINTH SCHEDULE. THE TENTH SCHEDULE. 4 ----- # THE NORTH-EASTERN AREAS (REORGANISATION) ACT, 1971 ACT NO. 81 OF 1971 [30th December, 1971.] # An Act to provide for the establishment of the States of Manipur and Tripura and to provide for the formation of the State of Meghalaya and of the Union territories of Mizoram and Arunachal Pradesh by reorganisation of the existing State of Assam and for matters connected therewith. BE it enacted by Parliament in the Twenty-second Year of the Republic of India as follows:— PART I PRELIMINARY **1. Short title.—This Act may be called the North-Eastern Areas (Reorganisation) Act, 1971.** **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “Administrator” means the administrator of a Union territory appointed by the President under article 239 of the Constitution; (b) “appointed day” means the day[1] which the Central Government may, by notification in the Official Gazette, appoint; (c) “article” means an article of the Constitution; (d) “common High Court” means the Gauhati High Court (the High Court of Assam, Nagaland, Meghalaya, Manipur and Tripura) referred to in clause (b) of sub-section (1) of section 28: 2[Provided that on and from the commencement of the North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012, the provisions of this clause shall have effect as if for the brackets and words “(Assam, Nagaland, Meghalaya, Manipur and Tripura)”, the brackets and words “(Assam, Arunachal Pradesh, Mizoram and Nagaland)” had been substituted;] (e) “Election Commission” means the Election Commission appointed by the President under article 324; (f) “existing State of Assam” means the State of Assam as existing immediately before the appointed day; (g) “law” includes any enactment, ordinance, regulation, order, bye-law, rule, scheme, notification or other instrument having, immediately before the appointed day, the force of law in the whole or any part of the existing State of Assam or the autonomous State of Meghalaya or the Union territory of Manipur or the Union territory of Tripura, as the case may be; (h) “sitting member”, in relation to either House of Parliament or the Legislative Assembly of the existing State of Assam, means a person who, immediately before the appointed day, is a member of that House or that Assembly; (i) “successor State”, in relation to the existing State of Assam, means the State of Assam or Meghalaya, and includes also the Union in relation to the Union territory of Mizoram; (j) “treasury” includes a sub-treasury. 1. 21st January, 1972, vide notification No. G.S.R. 18(E), dated 6th January, 1972, _see Gazette of India, Extraordinary, Part II,_ s. 3(i). 2. The proviso ins. by Act 26 of 2012, s. 2 (w.e.f. 23-3-2013). 5 ----- PART II ESTABLISHMENT OF THE STATES OF MANIPUR AND TRIPURA AND FORMATION OF THE STATE OF MEGHALAYA AND OF THE UNION TERRITORIES OF MIZORAM AND ARUNACHAL PRADESH **3. Establishment of the State of Manipur.—On and from the appointed day there shall be** established a new State, to be known as the State of Manipur, comprising the territories which immediately before that day were comprised in the Union territory of Manipur. **4. Establishment of the State of Tripura.—On and from the appointed day there shall be established** a new State, to be known as the State of Tripura, comprising the territories which immediately before that day were comprised in the Union territory of Tripura. **5. Formation of the State of Meghalaya.—On and from the appointed day there shall be formed a** new State, to be known as the State of Meghalaya, comprising— (a) the territories which immediately before that day were comprised in the autonomous State of Meghalaya formed under section 3 of the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969); and (b) so much of the territories comprised within the cantonment and municipality of Shillong as did not form part of that autonomous State, and thereupon the said territotries shall cease to form part of the existing State of Assam. **6. Formation of the Union territory of Mizoram.—On and from the appointed day there shall be** formed a new Union territory, to be known as the Union territory of Mizoram, comprising the territories which immediately before that day were comprised in the Mizo District in the existing State of Assam and thereupon the said territories shall cease to form part of the existing State of Assam. 7. Formation of the Union territory of Arunachal Pradesh.—On and from the appointed day there shall be formed a new Union territory, to be known as the Union territory of Arunachal Pradesh, comprising the territories which immediately before that day were comprised in the tribal areas specified in Part B of the table appended to paragraph 20 of the Sixth Schedule to the Constitution (but excluding the areas covered by notification No. TAD/R/35/50/109, dated the 23rd February, 1951 issued by the Governor of Assam under the proviso to sub-paragraph (3) of the said paragraph 20) and known as the North-East Frontier Agency and thereupon the said territories shall cease to form part of the existing State of Assam. **8. Territories of State of the Assam.—On and from the appointed day the State of Assam shall** comprise the territories of the existing State of Assam other than those specified in sections 5, 6 and 7. **9. Amendment of first Schedule to the Constitution.—On and from the appointed day, in the First** Schedule to the Constitution,— (a) under the heading “I. THE STATES”,— (i) in the paragraph relating to the territories of the State of Assam, the following shall be added at the end, namely:— “and the territories specified in sections 5, 6 and 7 of the North-Eastern Areas (Reorganisation) Act, 1971”; (ii) after entry 18 the following entries shall be inserted, namely:— “19. 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. 20. 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. 6 ----- 21. Meghalaya The territories specified in section 5 of the North-Eastern Areas (Reorganisation) Act, 1971.”; (b) under the heading “II. THE UNION TERRITORIES”.— (i) entries 2 and 3 shall be omitted and entries 4 to 9 shall be re-numbered as entries 2 to 7 respectively; (ii) after entry 7 as so re-numbered, the following entries shall be inserted, namely:— “8. Mizoram The territories specified in section 6 of the North-Eastern Areas (Reorganisation) Act, 1971. 9. Arunachal The territories specified in section 7 of the North-Eastern Areas (Reorganisation) Act, 1971.”. PART III REPRESENTATION IN THE LEGISLATURES _The Council of States_ **10. Amendment of Fourth Schedule to the Constitution.—On and from the appointed day, in the** Fourth Schedule to the Constitution, in the Table,— (a) for entries 19 to 22, the following shall be substituted, namely:— “19. Manipur .. 1 20. Tripura .. 1 21. Meghalaya .. 1 22. Delhi .. 3 23. Pondicherry .. 1 24. Mizoram .. 1 25. Arunachal Pradesh .. 1”; (b) for the figures “228”, the figures “231” shall be substituted. **11. Allocation of sitting members representing the existing Union territories of Manipur and** **Tripura.—On and from the appointed day the sitting members of the Council of States representing the** existing Union territories of Manipur and Tripura shall be deemed to have been duly elected under clause (4) of article 80 to fill the seat allotted to each of the States of Manipur and Tripura respectively in that Council and the term of office of such sitting members shall remain unaltered. **12. Election to fill the seats allotted to the State of Meghalaya and the Union territories of** **Mizoram and Arunachal Pradesh.—As soon as may be after the appointed day steps shall be taken to** fill the seats in the Council of States allotted to the State of Meghalaya and the Union territories of Mizoram and Arunachal Pradesh. **13. Amendment of section 27A of Act 43 of 1950. —On and from the appointed day, in section 27A** of the Representation of the People Act, 1950,— (a) in sub-section (1), for the words “For the purpose of filling any seat”, the words, brackets and figure “Subject to the provisions of sub-section (5), for the purpose of filling any seat” shall be substituted; 7 ----- (b) in sub-section (4), for the words “The electoral college for each of the Union territories of Manipur, Tripura and Pondicherry”, the words “The electoral college for the Union territory of Pondicherry” shall be substituted; (c) after sub-section (4), the following sub-section shall be inserted, namely:— “(5) The seat allotted in the Council of State to each of the Union territories of Mizoram and Arunachal Pradesh shall be filled by a person nominated by the President in this behalf.” _The House of the People_ **14. Allocation of seats in the existing House of the People.— (1) On and from the appointed day and** until the dissolution of the existing House of the People, the allocation of seats to the States of Assam, Manipur, Tripura and Meghalaya and the Union territories of Mizoram and Arunachal Pradesh 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 and Union territory shall be as specified in the Table below and the First Schedule to the Representation of the People Act, 1950 (43 of 1950), shall be deemed to have been amended accordingly. THE TABLE Name of the State/Union territory Number of seats in the existing House of the People Total Reserved for the Scheduled Castes Reserved for the Scheduled Tribes 1 2 3 4 I. STATES: 1. Assam . . . 14 1 2 2. Manipur . . . 2 .. 1 3. Tripura . . . 2 .. 2 4. Meghalaya . . . 2 .. 2 II. UNION TERRITORIES: 1. Mizoram . . . 1 .. 1 2. Arunachal Pradesh . . . 1 .. 1 (2) On and from the appointed day and until the dissolution of the existing House of the People, Part A of Schedule II to the Delimitation of Parliamentary and Assembly Constituencies Order, 1966 shall stand amended as directed in the First Schedule. **15. Parliamentary constituencies of the States of Manipur and Tripura and provision as to** **sitting members.—(1) On and from the appointed day and until the dissolution of the existing House of** the People,— (a) the two parliamentary constituencies of the existing Union territory of Manipur shall be deemed to be the two parliamentary constituencies of the State of Manipur; and (b) the two parliamentary constituencies of the existing Union territory of Tripura shall be deemed to be the two parliamentary constituencies of the State of Tripura, and the Delimitation of Parliamentary and Assembly Constituencies Order, 1966 shall be construed accordingly. (2) Every sitting member of the House of the People representing a parliamentary constituency which on the appointed day, by virtue of the provisions of sub-section (1), becomes a parliamentary constituency 8 ----- of the State of Manipur or Tripura, as the case may be, shall, as from that day, be deemed to have been elected under sub-clause (a) of clause (1) of article 81 to the House of the People from that constituency. **16. Provision as to sitting members representing Cachar and Dhubri parliamentary** **constituencies in the House of the People and the election of representative from Diphu** **parliamentary constituency.—(1) The sitting member of the House of the People representing the Cachar** parliamentary constituency which on the appointed day, by virtue of the provisions of sub-section (2) of section 14, stands altered shall, as from that day, be deemed to have been elected under sub-clause (a) of clause (1) of article 81 to the House of the People from that constituency as so altered. (2) The sitting member of the House of the People representing the Dhubri parliamentary constituency which on the appointed day, by virtue of the provisions of sub-section (2) of section 14, stands altered shall, as from that day, be deemed to have been elected under sub-clause (a) of clause (1) of article 81 to the House of the People from that constituency as so altered. (3) As soon as may be after the appointed day election shall be held to the House of the People to elect a representative from the Diphu parliamentary constituency as if the seat of the member elected to the House of the People from that constituency has become vacant and the provisions of section 149 of the Representation of the People Act, 1951 (43 of 1951) shall, so far as may be, apply in relation to such election. **17. Parliamentary constituencies of the State of Meghalaya and provision as to sitting member** **representing the Autonomous Districts parliamentary constituency in the House of the People and** **the election of representative from Tura parliamentary constituency.—(1) There shall be two** parliamentary constituencies in the State of Meghalaya to be called the Shillong parliamentary constituency and the Tura parliamentary constituency. (2) The area falling within the Garo Hills district as it exists immediately before the appointed day shall form the Tura parliamentary constituency and the remaining area in the State of Meghalaya shall form the Shillong parliamentary constituency and the said two parliamentary constituencies shall be deemed to have been delimited accordingly. (3) The sitting member of the House of the People representing immediately before the appointed day the Autonomous Districts parliamentary constituency shall, as from that day, be deemed to have been elected under sub-clause (a) of clause (1) of article 81 to the House of the People from the Shillong parliamentary constituency. (4) As soon as may be after the appointed day election shall be held to the House of the People to elect a representative from the Tura parliamentary constituency as if the seat of the member elected to the House of the People from that constituency has become vacant and the provisions of section 149 of the Representation of the People Act, 1951 (43 of 1951) shall, so far as may be, apply in relation to such election. **18. Parliamentary constituency of the Union territory of Mizoram.—The whole of the Union** territory of Mizoram shall form one parliamentary constituency to be called the Mizoram parliamentary constituency and as soon as may be after the appointed day election shall be held to the House of the People to elect a representative from that constituency, as if the seat of the member elected to the House of the People from that constituency has become vacant and the provisions of section 149 of the Representation of the People Act, 1951 (43 of 1951) shall, so far as may be, apply in relation to such election. **19. Provision as to the member to represent Arunachal Pradesh in the House of the People.—The** sitting member nominated to fill the seat allotted in the House of the People to the Tribal Areas of Assam specified in Part B of the Table appended to paragraph 20 of the Sixth Schedule to the Constitution, known as the North-East Frontier Agency, shall, on and from the appointed day, be deemed to have been nominated to fill the seat allotted to the Union territory of Arunachal Pradesh in the House of the People. 9 ----- _The Legislative Assemblies_ **20. Allocation of seats in the Legislative Assemblies.—(1) On and from the appointed day, the total** number of seats in the Legislative Assembly of the State of Assam, to be filled by persons chosen by direct election from territorial constituencies, shall be reduced from one hundred and twenty-six to one hundred and fourteen; and every sitting member of that Legislative Assembly representing a constituency which ceases to be a constituency in the State of Assam by virtue of the provisions of sub-section (5) shall, as from the appointed day, cease to be a member of that Legislative Assembly. (2) The total number of seats in the Legislative Assembly of the State of Manipur, to be constituted at any time after the appointed day, to be filled by persons chosen by direct election from territorial constituencies shall be sixty, out of which one seat shall be reserved for the Scheduled Castes and nineteen seats shall be reserved for the Scheduled Tribes. (3) The total number of seats in the Legislative Assembly of the State of Tripura, to be constituted at any time after the appointed day, to be filled by persons chosen by direct election from territorial constituencies shall be sixty, out of which six seats shall be reserved for the Scheduled Castes and nineteen seats shall be reserved for the Scheduled Tribes. (4) The total number of seats in the Legislative Assembly of the State of Meghalaya, to be constituted at any time after the appointed day, to be filled by persons chosen by direct election from territorial constituencies shall be sixty, out of which fifty seats shall be reserved for the Scheduled Tribes. (5) On and from the appointed day, Part B of Schedule II to the Delimitation of Parliamentary and Assembly Constituencies Order, 1966 shall stand amended as directed in the First Schedule. **21. Amendment of Second Schedule to Act 43 of 1950.—(1) In the Second Schedule to the** Representation of the People Act, 1950,— (i) under the heading “I. STATES:”,— (a) in item 2 relating to Assam, for the figures “126”, the figures “114” shall be substituted; (b) after item 17 and the entries relating thereto, the following shall be inserted, namely:— “18. Manipur **..** 60 1 19 19. Tripura **..** 60 6 19 20. Meghalaya **..** 60 .. 50”; (ii) under the heading “II. UNION TERRITORIES:” items 3 and 5 and the entries relating thereto shall be omitted. (2) The amendment made by clause (i)(a) of sub-section (1) shall have effect on and after the appointed day in relation to the Legislative Assembly of the State of Assam and the amendments made by clause (i)(b) and clause (ii) of sub-section (1) shall have effect in relation to the Legislative Assemblies of the States of Manipur, Tripura and Meghalaya to be constituted at any time after the appointed day. **22. Delimitation of constituencies.—(1) The Election Commission shall, in the manner herein** provided, distribute, whether before or after the appointed day, the seats assigned to the Legislative Assemblies of the States of Manipur, Tripura and Meghalaya under section 20 to single member territorial constituencies and delimit them on the basis of the latest census figures having regard to the provisions of the Constitution and to the following provisions:— (a) all constituencies shall, so far as practicable, be geographically compact areas and in delimiting them, regard shall be had to physical features, existing boundaries of administrative units, facilities of communication and public convenience; (b) every assembly constituency shall be so delimited as to fall only within one parliamentary constituency; 10 ----- (c) constituencies in which seats are reserved for the Scheduled Castes shall be distributed in different parts of the States and located, as far as practicable, in those areas where the proportion of their population to the total population is comparatively large; and (d) constituencies in which seats are reserved for the Scheduled Tribes shall, as far as practicable, be located in those areas where the proportion of their population to the total population is the largest. _Explanation.—In this section “latest census figures” means the census figures with respect to the State_ concerned ascertainable from the latest census of which the finally published figures are available. (2) For the purpose of assisting in the performance of its functions under sub-section (1), the Election Commission shall associate with itself as associate members,— (a) in respect of the State of Manipur, all the sitting members of the House of the People representing the Union territory of Manipur or, as the case may be, the State of Manipur under sub-section (2) of section 15, and such six persons who were members of the Legislative Assembly of the Union territory of Manipur immediately before its dissolution by order of the President published in the Gazette of India, dated 16th October, 1969 with notification No. S. O. 4223, dated 16th October, 1969 of the Government of India in the Ministry of Home Affairs, as the President may, by order, nominate; (b) in respect of the State of Tripura, all the sitting members of the House of the People representing the Union territory of Tripura or, as the case may be, the State of Tripura under sub-section (2) of section 15, and such six persons, being members of the Legislative Assembly of the Union territory of Tripura as it functioned immediately before the 1st November, 1971, as the President may, by order, nominate; (c) in respect of the State of Meghalaya, the member of the House of the People representing the Autonomous Districts parliamentary constituency or, as the case may be, the Meghalaya parliamentary constituency under section 17, and such of the six members of the Legislative Assembly of the autonomous State of Meghalaya constituted under section 62 of the Assam Reorganisation (Meghalaya) Act, 1969 ( 55 of 1969) or, as the case may be, of the Provisional Legislative Assembly of the State of Meghalaya referred to in section 27, as the President may, by order, nominate: Provided that none of the associate members shall have a right to vote or to sign any decision of the Election Commission. (3) If owing to death or resignation, the office of an associate member falls vacant, it shall be filled, if practicable, in accordance with the provisions of sub-section (2). (4) A member of any Legislative Assembly nominated under clause (b) or clause (c) of sub-section (2) shall continue to be an associate member notwithstanding that he ceases to be a member of such Legislative Assembly, otherwise than consequent on the incurring of any disqualification. (5) The Election Commission shall— (a) publish its proposals for the delimitation of constituencies, together with the dissenting proposals, if any, of any associate member who desires publication thereof, in the Official Gazette and in such other manner as the Commission may consider fit, together with a notice inviting objections and suggestions in relation to the proposals and specifying a date on or after which the proposals will be further considered by it; (b) consider all objections and suggestions which may have been received by it before the date so specified; (c) after considering all objections and suggestions which may have been received by it before the date so specified, determine by one or more orders the delimitation of constituencies and cause such order or orders to be published in the Official Gazette; and upon such publication, the order or orders shall have the full force of law and shall not be called in question in any court. (6) As soon as may be after such publication, every such order shall be laid before the Legislative Assembly of the concerned State. 11 ----- **23. Power of Election Commission to maintain delimitation orders up-to-date.—(1) The Election** Commission may, from time to time, by notification in the Official Gazette,— (a) correct any printing mistake in any order made under section 22 or any error arising therein from inadvertent slip or omission; (b) where the boundaries or name of any territorial division mentioned in any such order or orders are or is altered, make such amendment as appear to it to be necessary or expedient for bringing such order up-to-date. (2) Every notification under this section shall be laid, as soon as may be after it is issued, before the Legislative Assembly of the concerned State. **24. Validation of acts done previous to the commencement of the Act.—All things done, and all** steps taken, before the commencement of this Act with a view to delimiting the territorial constituencies of the States of Manipur, Tripura and Meghalaya for the purpose of elections to the Legislative Assemblies of those States shall, in so far as they are in conformity with the provisions of sections 22 and 23, be deemed to have been done or taken under those sections as if those sections were in force at the time such things were done or such steps were taken. **25. Amendment of Scheduled Castes Orders.—(1) On and from the appointed day, the Constitution** (Scheduled Castes) Order, 1950 shall stand amended as directed in the Second Schedule. (2) On and from the appointed day, the Constitution (Scheduled Castes) (Union Territories) Order, 1951 shall stand amended as directed in the Third Schedule. **26. Amendment of Scheduled Tribes Orders.—(1) On and from the appointed day the Constitution** (Scheduled Tribes) Order, 1950 shall stand amended as directed in the Fourth Schedule. (2) On and from the appointed day, the Constitution (Scheduled Tribes) (Union Territories) Order, 1951 shall stand amended as directed in the Fifth Schedule. **27. Provision as to Provisional Legislative Assembly of the State of Meghalaya and as to Rules of** **Procedure and Conduct of Business of the Legislative Assemblies of the States of Meghalaya,** **Manipur and Tripura.—(1) On and from the appointed day and until the Legislative Assembly of the** State of Meghalaya has been duly constituted and summoned to meet for the first session under the provisions of the Constitution, the Provisional Legislative Assembly of the autonomous State of Meghalaya, excluding the members nominated thereto, constituted under section 62 of the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969) and functioning immediately before the appointed day, shall be the Provisional Legislative Assembly of the State of Meghalaya and that Assembly shall exercise all the powers and perform all the duties conferred by the provisions of the Constitution on the Legislative Assembly of that State: Provided that for the purposes of this sub-section, the member representing the autonomous District of United Khasi-Jaintia Hills in the said Provisional Legislative Assembly of the autonomous State of Meghalaya shall be deemed also to represent the territories specified in clause (b) of section 5. (2) The term of office of the members of the Provisional Legislative Assembly of the State of Meghalaya shall, unless the said Legislative Assembly is sooner dissolved, expire immediately before the first meeting of the Legislative Assembly of the State of Meghalaya. (3) The persons who, immediately before the appointed day, are the Speaker and the Deputy Speaker of the Provisional Legislative Assembly of the autonomous State of Meghalaya shall be the Speaker and the Deputy Speaker respectively of the Provisional Legislative Assembly of the State of Meghalaya. (4) The Rules of Procedure and Conduct of Business of the Provisional Legislative Assembly of the autonomous State of Meghalaya, as in force immediately before the appointed day, shall, until rules are made under clause (1) of article 208, be the Rules of Procedure and Conduct of Business of the Provisional Legislative Assembly of the State of Meghalaya and of the Legislative Assembly of the State of Meghalaya duly constituted under the provisions of the Constitution, subject to such adaptations as may be made therein by the Speaker of the Legislative Assembly, concerned. 12 ----- (5) The Rules of Procedure and Conduct of Business of the Legislative Assembly of the Union territory of Manipur, as in force immediately before its dissolution by order of the President published in the Gazette of India, dated the 16th October, 1969 with notification No. S.O. 4223, dated the 16th October, 1969 of the Government of India in the Ministry of Home Affairs, shall, until rules are made under clause (1) of article 208, be the Rules of Procedure and Conduct of Business of the Legislative Assembly of the State of Manipur, subject to such modifications and adaptations as may be made therein by the Governor of that State. (6) The Rules of Procedure and Conduct of Business of the Legislative Assembly of the Union territory of Tripura as in force immediately before the 1st November, 1971, shall, until rules are made under clause (1) of article 208, be the Rules of Procedure and Conduct of Business of the Legislative Assembly of the State of Tripura, subject to such modifications and adaptations as may be made therein by the Governor of that State. PART IV HIGH COURT **28. Common High Court for Assam, Nagaland, Meghalaya, Manipur and Tripura.—(1) On and** from the appointed day,— (a) the High Court of Assam and Nagaland shall cease to function and is hereby abolished; (b) there shall be a common High Court for the States of Assam, Nagaland, Meghalaya, Manipur and Tripura to be called the Gauhati High Court (the High Court of Assam, Nagaland, Meghalaya, Manipur and Tripura); (c) the Judges of the High Court of Assam and Nagaland holding office immediately before that day shall, unless they have elected otherwise, become on that day the Judges of the common High Court: 1[Provided that on and from the commencement of the North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012, the common High Court shall be the High Court for the States of Assam, Arunachal Pradesh, Mizoram and Nagaland and shall cease to have its jurisdiction, powers and authority for the States of Meghalaya, Manipur and Tripura.] (2) Nothing in clause (a) of 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 the High Court of Assam and Nagaland under the powers then conferred upon that Court. **2[28A. Establishment of separate High Courts for the States of Meghalaya, Manipur and** **Tripura.—(1) On and from the commencement of the North-Eastern Areas (Reorganisation) and Other** Related Laws (Amendment) Act, 2012, there shall be a High Court— (a) for the State of Meghalaya to be called the High Court of Meghalaya; (b) for the State of Manipur to be called the High Court of Manipur; (c) for the State of Tripura to be called the High Court of Tripura. (2) The principal seat of the High Court of Meghalaya, the High Court of Manipur and the High Court of Tripura shall respectively be at such place as the President may, by notified order, appoint. (3) Notwithstanding anything contained in sub-section (2), the Judges and division courts of the High Court of Meghalaya, the High Court of Manipur and the High Court of Tripura may sit at such other place or places in the States of Meghalaya, Manipur and Tripura respectively, other than their principal seat as the Chief Justice of the respective High Court may, with the approval of the Governor of the State concerned, appoint. 1. The proviso ins. by Act 26 of 2012, s. 3 (w.e.f. 23-3-2013). 2. Ins. by s. 4, ibid. (w.e.f. 23-3-2013). 13 ----- **28B. Judges of High Courts of Meghalaya, Manipur and Tripura.—(1) Such of the Judges of the** common High Court holding office immediately before the commencement of the North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012 as may be determined by the President after ascertaining their option shall, on such commencement, cease to be the Judges of the common High Court and become a Judge of the High Court of Meghalaya or the High Court of Manipur or the High Court of Tripura, as the case may be. (2) Every person who by virtue of sub-section (1) become a Judge of the High Court of Meghalaya or the High Court of Manipur or the High Court of Tripura shall, except in the case where any such person is appointed to be the Chief Justice of any of those High Courts, rank in the respective High Court according to the priority of their respective appointments as Judges of the common High Court. **28C. Jurisdiction of High Courts of Meghalaya, Manipur and Tripura.—The High Court of** Meghalaya, the High Court of Manipur and the High Court of Tripura shall have, in respect of any part of the territories included in the State of Meghalaya, the State of Manipur and the State of Tripura respectively, all such jurisdiction, powers and authority as, under the law in force immediately before the commencement of the North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012, are exercisable in respect of that part of the said territories by the common High Court. **28D. Custody of seal of High Courts of Meghalaya, Manipur and Tripura.—The law in force** immediately before the commencement of the North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012 with respect to the custody of the seal of the common High Court shall, with the necessary modifications, apply with respect to the custody of the seal of the High Court of Meghalaya, the High Court of Manipur and the High Court of Tripura, as the case may be. **28E. Practice and procedure in the High Courts of Meghalaya, Manipur and Tripura.—The law** in force immediately before the commencement of the North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012 with respect to practice and procedure in the common High Court shall, with necessary modifications, apply in relation to the High Court of Meghalaya, the High Court of Manipur and the High Court of Tripura, and accordingly, the High Court of Meghalaya, the High Court of Manipur and the High Court of Tripura shall, respectively, have all such powers to make rules and orders with respect to practice and procedure as are immediately before the commencement of the North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012 exercisable by the common High Court: Provided that any rules or orders which are in force immediately before the commencement of the North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012 with respect to the practice and procedure in the common High Court shall, until varied or revoked by rules or orders made by the High Court of Meghalaya or the High Court of Manipur or the High Court of Tripura, as the case may be, apply with the necessary modifications in relation to the practice and procedure in the High Court of Meghalaya, the High Court of Manipur and the High Court of Tripura respectively, as if such rules or orders were made by the respective High Court. **28F. Forms of writs and other processes.—The law in force immediately before the commencement** of the North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012 with respect to the form of writs and other processes used, issued or awarded by the common High Court shall, with the necessary modifications, apply with respect to the form of writs and other processes used, issued or awarded by the High Court of Meghalaya, the High Court of Manipur and the High Court of Tripura. **28G. Powers of Judges.—The law in force immediately before the commencement of the** North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012 relating to the powers of the Chief Justice, Single Judges and division courts of the common High Court and with respect to all matters ancillary to the exercise of those powers shall, with the necessary modifications, apply in relation to the High Court of Meghalaya, the High Court of Manipur and the High Court of Tripura. **28H. Procedure as to appeals to Supreme Court.—The law in force immediately before the** commencement of the North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012 relating to appeals to the Supreme Court from the common High Court and the Judges and division 14 ----- courts thereof shall, with the necessary modifications, apply in relation to the High Courts of Meghalaya, Manipur and Tripura. **28-I. Transfer of proceedings from common High Court to the High Courts of Meghalaya,** **Manipur and Tripura.—(1) Except as hereinafter provided, the common High Court shall, as from the** commencement of the North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012, have no jurisdiction in respect of the States of Meghalaya, Manipur and Tripura. (2) Such proceedings pending in the common High Court immediately before the commencement of the North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012 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 Meghalaya or the High Court of Manipur or the High Court of Tripura, as the case may be, shall, as soon as may be after such certification, be transferred to the High Court of Meghalaya or the High Court of Manipur or the High Court of Tripura, as the case may be. (3) Notwithstanding anything contained in sub-sections (1) and (2) or in section 28A, but save as hereinafter provided, the common High Court shall have, and the High Court of Meghalaya, the High Court of Manipur and the High Court of Tripura shall not have, jurisdication to entertain, hear or dispose of appeals, applications for leave to the Supreme Court, applications for review and other proceedings where any such proceedings seek any relief in respect of any order passed by the common High Court before the commencement of the North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012: Provided that if after any such proceedings have been entertained by the common High Court, it appears to the Chief Justice of that High Court that they ought to be transferred to the High Court of Meghalaya or the High Court of Manipur or the High Court of Tripura, he shall order that they shall be so transferred, and such proceedings shall thereupon be transferred accordingly. (4) Any order made by the common High Court— (a) before the commencement of the North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012, in any proceedings transferred to the High Court of Meghalaya, or the High Court of Manipur or the High Court of Tripura by virtue of sub-section (2); or (b) in any proceeding with respect to which the common High Court retains jurisdiction by virtue of sub-section (3), shall, for all purposes, have effect, not only as an order of the common High Court but also as an order made by the High Court of Meghalaya, or the High Court of Manipur or the High Court of Tripura, as the case may be. **28J. Interpretation.—For the purposes of section 28H,—** (a) proceedings shall be deemed to be pending in a Court until that Court has disposed of all issues between the parties, including any issue with respect to the taxation of the costs of the proceedings and shall include appeals, applications for leave to appeal to the Supreme Court, applications for review, petitions for revision and petitions for writs; and (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. **28K. Saving.—Nothing in sections 28A to 28J (both inclusive) shall affect the application to the High** Court of Meghalaya, the High Court of Manipur and the High Court of Tripura of any provisions of the Constitution, and the provisions of these sections shall have effect subject to any provision that may be made on or after the commencement of the North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012 with respect to the respective High Court by any Legislature or other authority having power to make such provisions.] 15 ----- **29. Jurisdiction of the common High Court.—On and from the appointed day, the common** High Court shall have, in respect of the territories comprised in the States of Assam, Manipur, Meghalaya, Nagaland and Tripura, all such jurisdiction, powers and authority as under the law in force immediately before the appointed day, are exercisable in respect of those territories by the High Court of Assam and Nagaland or the Court of the Judicial Commissioner for Manipur, or the Court of the Judicial Commissioner for Tripura, as the case may be. **30. Abolition of certain Courts.—(1) On and from the appointed day, the Courts of the Judicial** Commissioners for Manipur and Tripura 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. **31. Principal seat and other places of sitting of the common High Court.—(1) The principal seat of** the common High Court shall be at the same place at which the principal seat of the High Court of Assam and Nagaland is located immediately before the appointed day. (2) The President may by notified order provide for the establishment of a permanent bench or benches of the common High Court at one or more places within the territories to which the jurisdiction of the High Court extends, other than the principal seat of the High Court, and for any matters connected therewith: Provided that before issuing any order under this sub-section, the President shall consult the Chief Justice of the common High Court and the Governor of the State in which the bench or benches is or are proposed to be established. (3) Notwithstanding anything contained in sub-section (1) or sub-section (2), the Judges and division courts of the common High Court may also sit at such other place or places in the State of [1][Assam, Arunachal Pradesh, Mizoram or Nagaland] as the Chief Justice may, with the approval of the Governor of the State concerned, appoint. **32. Extension of jurisdiction of the common High Court to the Union territories of Mizoram and** **Arunachal Pradesh.—On and from the appointed day, the jurisdiction of the common High Court shall** extend to the Union territories of Mizoram and Arunachal Pradesh: 2[Provided that on and from the commencement of the North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012, the provisions of this section shall cease to have effect.] **33. Allocation of expenditure of the common High Court.—The expenditure in respect of salaries** and allowances of the Judges of the common High Court shall be allocated amongst the States of 3[Arunachal Pradesh, Mizoram and Nagaland] and the Union in such proportion as the President may, by order, determine. **34. Special provisions relating to advocates and Bar Council.—(1) Subject to any rule made or** direction given by the common High Court in this behalf, any person, who immediately before the appointed day, is an advocate entitled to practise in the High Court of Assam and Nagaland or in the Court of the Judicial Commissioner for Manipur or in the Court of the Judicial Commissioner for Tripura, shall be entitled to practise as an advocate in the common High Court. (2) The right of audience in the common High Court 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 of Assam and Nagaland: Provided that as among the Advocates-General of the States of Assam, Manipur, Meghalaya, Nagaland and Tripura, the right of audience shall be determined with reference to their dates of enrolment as advocates. 1. Subs. by Act 26 of 2012, s. 5, for “Assam, Manipur, Meghalaya, Nagaland or Tripura” (w.e.f. 23-3-2013). 2. The proviso ins. by s. 6, ibid. (w.e.f. 23-3-2013). 3. Subs. by s. 7, ibid., for “Manipur, Meghalaya, Nagaland and Tripura” (w.e.f. 23-3-2013). 16 ----- (3) On and from the appointed day, in the Advocates Act, 1961 (25 of 1961) (hereafter in this Part referred to as the Advocates Act), in section 3,— (a) in sub-section (1),— (i) for clause (b), the following clause shall be substituted, namely:— “(b) for the States of Assam, Manipur, Meghalaya, Nagaland and Tripura and the Union territories of Mizoram and Arunachal Pradesh, to be known as the Bar Council of Assam, Nagaland, Meghalaya, Manipur and Tripura.”; (ii) in clause (e), for the words “Union territories of Tripura and the Andaman and Nicobar Islands”, the words “Union territory of the Andaman and Nicobar Islands” shall be substituted; (b) in sub-section (2), in clause (b), for the words “Bar Council of Assam”, the words “Bar Council of Assam, Nagaland, Meghalaya, Manipur and Tripura” shall be substituted. (4) The provisions of section 17 of the Advocates Act shall have effect in respect of the roll of the Bar Council of Assam, Nagaland, Meghalaya, Manipur and Tripura subject to the modifications that,— (a) for clause (a) of sub-section (1) of the said section 17, the following clause shall be substituted, namely:— “(a) all persons who were entered as advocates,— (i) on the roll of the Bar Council of Assam and Nagaland immediately before the day appointed under clause (b) of section 2 of the North-Eastern Areas (Reorganisation) Act, 1971; (ii) on the roll of the Bar Council of West Bengal immediately before that day and who, within three months from that day, express in such manner as the Bar Council of India may, by rules, prescribe their intention in writing to practise within the jurisdiction of the Bar Council of Assam, Nagaland, Meghalaya, Manipur and Tripura;”; (b) in clause (a) of sub-section (3) of the said section 17, for the words and figures “with his date of enrolment under the Indian Bar Councils Act, 1926,” (38 of 1926) the words “with his seniority on the roll of the Bar Council of Assam and Nagaland or, as the case may be, the Bar Council of West Bengal” shall be substituted. (5) Notwithstanding anything contained in the Advocates Act, as amended or modified by sub-sections (3) and (4),— (a) in the case of the first Bar Council of Assam, Nagaland, Meghalaya, Manipur and Tripura under that Act, the fifteen members required to be elected under clause (b) of sub-section (2) of section 3 of that Act, shall be nominated by the Chief Justice of the common High Court from amongst the advocates who are entitled as of right of practise in that High Court and are ordinarily practising within the territories comprised in the States of Assam, Manipur, Meghalaya, Nagaland and Tripura and the Union territories of Mizoram and Arunachal Pradesh and the term of office of the members so nominated shall be one year from the date of the first meeting of the Council or until their successors are duly elected in accordance with the provisions of the said Act, whichever is earlier; (b) the names of persons entered on the roll of the Bar Council of Assam, Nagaland, Meghalaya, Manipur and Tripura from the roll of the Bar Council of West Bengal in accordance with the provisions of clause (a) of sub-section (1) of section 17 of the Advocates Act, as modified by sub-section (4), shall, as from the date or dates on which the names are so entered, stand removed from the roll of the Bar Council of West Bengal; (c) any proceedings which were pending or which may be instituted against any person before or by the Bar Council of Assam and Nagaland or by the Bar Council of West Bengal immediately before his name is entered in the roll of the Bar Council of Assam, Nagaland, Meghalaya, Manipur and 17 ----- Tripura in accordance with the provisions of clause (a) of sub-section (1) of section 17 of the Advocates Act, as modified by sub-section (4), may, after such entry, be continued or instituted before or by the Bar Council of Assam, Nagaland, Meghalaya, Manipur and Tripura; (d) every person who, immediately before his name stands removed from the roll of the Bar Council of West Bengal in accordance with the provisions of clause (b), is a member of the Bar Council of West Bengal, shall cease to be a member of that Council as from the date on which his name stands so removed from the roll of that Bar Council; (e) the rules made or deemed to have been made by the Bar Council of Assam and Nagaland and in force immediately before the date on which the first Bar Council of Assam, Nagaland, Meghalaya, Manipur and Tripura is duly constituted in accordance with the provisions of clause (a), shall, subject to such modifications and adaptations as may be made therein by the Chairman of the Bar Council of Assam, Nagaland, Meghalaya, Manipur and Tripura, be deemed to be rules made by that Bar Council and shall have effect accordingly. (6)(a) As from the appointed day, the assets and liabilities of the Bar Council of Assam and Nagaland shall pass to the Bar Council of Assam Nagaland, Meghalaya, Manipur and Tripura. (b) The assets and liabilities of the Bar Council of West Bengal shall be apportioned between that Bar Council and the Bar Council of Assam, Nagaland, Meghalaya, Manipur and Tripura in such manner and proportion as may be agreed upon by the Bar Councils and in default of agreement with reference to any matter, the matter shall be referred to the Chairman of the Bar Council of India and his decision thereon shall be final. _Explanation.—Expressions used in this section but not defined in this Act shall have the meanings_ assigned to them respectively in the Advocates Act. **35. Practice and procedure in the common High Court.—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 of Assam and Nagaland shall, with the necessary modifications, apply in relation to the common High Court. **36. Custody of seal of the common High Court.—The law in force immediately before the** appointed day with respect to the custody of the seal of the High Court of Assam and Nagaland shall, with the necessary modifications, apply with respect to the custody of the seal of the common High Court. **37. 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 of Assam and Nagaland shall, with the necessary modifications, apply with respect to the form of writs and other processes used, issued or awarded by the common High Court. **38. Powers of Judges.—The law in force immediately before the appointed day with respect to the** powers of the Chief Justice, single Judges and division courts of the High Court of Assam and Nagaland and with respect to all matters ancillary to the exercise of those powers shall, with the necessary modifications, apply in relation to the common High Court. **39. Procedure as to appeals to Supreme Court.—The law in force immediately before the appointed** day relating to appeals to the Supreme Court from the High Court of Assam and Nagaland and the Judges and division courts thereof shall, with the necessary modifications, apply in relation to the common High Court. **40. Transfer of proceedings from the High Court of Assam and Nagaland and the Courts of the** **Judicial Commissioners to the common High Court.—(1) All proceedings pending in the High Court of** Assam and Nagaland and in the Courts of the Judicial Commissioners for Manipur and Tripura immediately before the appointed day shall, from such day, stand transferred to the common High Court. (2) Every proceeding transferred under sub-section (1) shall be disposed of by the common High Court as if such proceeding was entertained by that High Court. 18 ----- (3) Any order made before the appointed day by the High Court of Assam and Nagaland or by the Court of the Judicial Commissioner for Manipur or by the Court of the Judicial Commissioner for Tripura shall, for all purposes, have effect not only as an order of that High Court or, as the case may be, of that Court but also as an order of the common High Court. **41. Interpretation.—For the purposes of section 40,—** (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; and (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. **42. Right to appear or act in proceedings transferred to the common High Court.—Any person** who, immediately before the appointed day, is an advocate entitled to practise in the High Court of Assam and Nagaland or in the Court of the Judicial Commissioner for Manipur or in the Court of the Judicial Commissioner for Tripura and was authorised to appear or to act in any proceedings transferred from the said High Court or Courts of the Judicial Commissioners to the common High Court under section 40, shall have the right to appear or to act, as the case may be, in the common High Court in relation to those proceedings. **43. Savings.—Nothing in this Part shall affect the application to the common High Court 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 provisions. PART V AUTHORISATION OF EXPENDITURE AND DISTRIBUTION OF REVENUES **44. Authorisation of expenditure pending sanction by Legislatures.—(1) The President may, at any** time before the appointed day, authorise by order such expenditure from the Consolidated Fund of the State of Manipur or of the State of Tripura as he deems necessary for a period of not more than six months beginning with the appointed day pending the sanction of such expenditure by the Legislative Assembly of the State of Manipur or of the State of Tripura, as the case may be: Provided that the Governor of Manipur or of Tripura may, after the appointed day, authorise by order such further expenditure as he deems necessary from the Consolidated Fund of the State of Manipur or, as the case may be, of the State of Tripura for any period not extending beyond the said period of six months. (2) The President or, as the case may be, the Governor of the concerned State shall make separate orders under sub-section (1) in respect of periods falling in different financial years. (3) The Governor of Assam, exercising the functions as Governor in relation to the autonomous State of Meghalaya by virtue of the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), may at any time, before the appointed day, authorise by order such expenditure from the Consolidated Fund of the State of Meghalaya as he deems necessary for a period of not more than six months beginning with the appointed day pending the sanction of such expenditure by the Legislative Assembly of Meghalaya: Provided that the Governor of Meghalaya may, after the appointed day, authorise such further expenditure as he deems necessary from the Consolidated Fund of the State of Meghalaya for any period not extending beyond the said period of six months. (4) The Governors referred to in sub-section (3) shall make separate orders under that sub-section in respect of periods falling in different financial years. (5) The President may, at any time, before or after the appointed day authorise by order such expenditure from the Consolidated Fund of India as he deems necessary for a period of not more than six 19 ----- months beginning with the appointed day for the administration of the affairs of the Union territory of Mizoram pending the sanction of such expenditure by Parliament. (6) The President shall make separate orders under sub-section (5) in respect of periods falling in different financial years. **45. Appropriation of moneys for expenditure to the Union territory of Arunachal Pradesh.—Any** Act passed by Parliament for the appropriation of any money out of the Consolidated Fund of India to meet the expenditure in respect of any part of the financial year 1971-72 in, or for the purposes of, the tribal areas of Assam specified in Part B of the Table appended to paragraph 20 of the Sixth Schedule to the Constitution shall, on and from the appointed day, have effect also in relation to the Union territory of Arunachal Pradesh and it shall be lawful for the President to spend any amount in, or for the purposes of, that Union territory out of the amounts authorised by such Act to be expended in, or for the purposes of, the said tribal areas. **46. Reports relating to the accounts of the Union territories of Manipur and Tripura.—(1) The** reports of the Comptroller and Auditor-General of India referred to in section 49 of the Government of Union Territories Act, 1963 (20 of 1963) relating to the accounts of the Union territory of Manipur or of the Union territory of Tripura in respect of any period prior to the appointed day shall be submitted to the Governor of Manipur or of Tripura, as the case may be, who shall cause them to be laid before the Legislative Assembly of the State of Manipur or of the State of Tripura, as the case may be. (2) The Governor of Manipur or of Tripura, as the case may be, may, by order,— (a) declare any expenditure incurred out of the Consolidated Fund of the Union territory of Manipur or of Tripura on any service in respect of any period prior to the appointed day during the financial year 1971-72 or in respect of 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. **47. Reports relating to the accounts of the autonomous State of Meghalaya.—(1) The reports of** the Comptroller and Auditor-General of India relating to the accounts of the autonomous State of Meghalaya in respect of any period prior to the appointed day shall be submitted to the Governor of Meghalaya who shall cause them to be laid before the Legislative Assembly of the State of Meghalaya. (2) The Governor of Meghalya may, by order,— (a) declare any expenditure incurred out of the Consolidated Fund of the autonomous State of Meghalaya on any service in respect of any period prior to the appointed day during the financial year 1971-72 or in respect of 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. **48. Allowances and privileges of the Governors of Assam, Manipur, Meghalaya and** **Tripura.—The allowances and privileges of the Governors of Assam, Manipur, Meghalaya and Tripura** 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. **49. Distribution of revenues.—The President shall, by order, determine the grants-in-aid of the** revenues of the States of Assam, Manipur, Meghalaya and Tripura and the share of each such State in the Union duties of excise, estate duty and taxes on income and for that purpose amend thereby the relevant provisions of the Union Duties of Excise (Distribution) Act, 1962 (3 of 1962), the Additional Duties of Excise (Goods of Special Importance) Act, 1957 (58 of 1957), the Estate Duty (Distribution) Act, 1962 (9 of 1962) and the Constitution (Distribution of Revenues) Order, 1969 in such manner as he thinks fit. 20 ----- PART VI ASSETS AND LIABILITIES **50. Property, assets, rights, liabilities, obligations, etc., of the States of Manipur and** **Tripura.—(1) All such property and assets within the Union territory of Manipur or of Tripura as are held** immediately before the appointed day by the Union for purposes of governance of that Union territory shall, on and from that day, pass to the State of Manipur or of Tripura, as the case may be, unless the purposes for which such property and assets are so held are Union purposes: Provided that the cash balance in the treasuries in the Union territory of Manipur or of Tripura before the appointed day shall, as from that day, vest in the State of Manipur or of Tripura, as the case may be. (2) All rights, liabilities and obligations (other than those relatable to, or in connection with, a Union purpose), whether arising out of any contract or otherwise, which are, immediately before the appointed day,— (a) the rights liabilities and obligations of the Central Government arising out of, or in connection with, the governance of the Union territory of Manipur or of Tripura; or (b) the rights, liabilities and obligations of the Administrator of the Union territory of Manipur or of Tripura in his capacity as such or of the Government of the Union territory of Manipur or of Tripura, shall, on and from the appointed day, be the rights, liabilities and obligations of the Government of the State of Manipur or of Tripura, as the case may be. (3) The right to recover arrears of— (a) any tax or duty being a tax or duty enumerated in the state List in the Seventh Schedule to the Constitution, or (b) any duty referred to in article 268, or (c) any tax under the Central Sales Tax Act, 1956 (74 of 1956), which having fallen due in the Union territory of Manipur or of Tripura immediately before the appointed day shall, on and from that day, pass to the State of Manipur or of Tripura, as the case may be. (4) The provisions of this section shall not apply to or in relation to,— (a) any institution, undertaking or project the expenditure in relation to which is, immediately before the appointed day, met from and out of the Consolidated Fund of India; (b) any property which has been placed by the Union at the disposal of the administration of the Union territory of Manipur or of Tripura subject to the condition that the ownership thereof will continue to vest in the Union. _Explanation.—For the purposes of this section,—_ (a) “liability” includes liability in respect of any civil deposit, local fund deposit, charitable or other endowment, provident fund account, pension or actionable wrong; (b) “Union purposes” mean the purposes of Government relatable to any of the matters mentioned in the Union List in the Seventh Schedule to the Constitution. **51. Assets and liabilities of the State of Meghalaya.—(1) All rights, liabilities and obligations** whether arising out of any contract or otherwise, which are, immediately before the appointed day, the rights, liabilities and obligations of the autonomous State of Meghalya, including the rights, liabilities and obligations apportioned or to be apportioned to the share of the autonomous State of Meghalaya by virtue of section 58 of the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), shall, on and from the appointed day, be the rights, liabilities and obligations of the State of Meghalya. (2) All property and assets held by the autonomous State of Meghalya immediately before the appointed day, including the property and assets apportioned or to be apportioned to the share of the 21 ----- autonomous State of Mehgalya by virtue of section 58 of the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969) shall, on and from that day, pass to the State of Meghalya. (3) Subject to the provisions of sub-sections (1) and (2) of this section and section 52, all rights, liabilities and obligations whether arising out of any contract or otherwise, which are, immediately before the appointed day, the rights, liabilities and obligations of the existing State of Assam and all property and assets held by the existing State of Assam immediately before the appointed day shall be apportioned between the State of Assam and the State of Meghalaya in accordance with the provisions contained in the Sixth Schedule. **52. Assets and liabilities (including public debt) relating to the Mizo District.—(1) All property** and assets within the Mizo District which are, immediately before the appointed day, vested in the existing State of Assam shall, as from that day, vest in the Union. (2) Unless the Central Government otherwise directs, any stores, articles and other goods belonging to the existing State of Assam and situated outside the Mizo District immediately before the appointed day shall, as from that day, pass to the Union if such stores, articles or other goods are held for, or are relatable to, the administration of that District. (3) All rights, liabilities and obligations of the existing State of Assam in relation to the Mizo District shall, as from the appointed day, be the rights, liabilities and obligations of the Union. (4) The liability of the existing State of Assam to the Union in respect of the loans taken by that State from the Central Government shall be reduced by an amount which bears such proportion to the total public debt of that State immediately before the appointed day as the total expenditure on all capital works and other capital outlays incurred or deemed to have been incurred up to that day by the existing State of Assam in the Mizo District bears to the total expenditure on all capital works and other capital outlays incurred or deemed to have been incurred by the existing State of Assam up to the appointed day: Provided that for the purposes of this sub-section the total public debt of the existing State of Assam shall exclude the public debt apportioned or apportionable to the autonomous State of Meghalaya under section 58 of the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), and the total expenditure on all capital works and other capital outlays incurred or deemed to have been incurred by the existing State of Assam shall exclude such outlays incurred or deemed to have been incurred for the purposes of the autonomous State under the said section. (5) Nothing in this section shall apply to any amount which may be payable by the Union to the existing State of Assam in respect of the expenditure incurred by that State in connection with internal disturbances in the Mizo District. PART VII PROVISIONS AS TO CERTAIN CORPORATIONS **53. Provisions as to certain Corporations.—(1) The following bodies corporate constituted for the** existing State of Assam, namely:— (a) the State Electricity Board constituted under the Electricity (Supply) Act, 1948 (54 of 1948); and (b) the State Warehousing Corporation established under the Warehousing Corporations Act, 1962 (58 of 1962), shall, on and from the appointed day, continue to function in those areas in respect of which they were 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 the Board or the Corporation may include a direction that the Act under which the Board or the Corporation was constituted shall, in its application to that Board or Corporation, have effect subject to such exceptions and modifications as the Central Government thinks fit. 22 ----- (3) The Board or the Corporation referred to in sub-section (1) shall cease to function as from, and shall be deemed to be dissolved on, the expiry of a period of [1][thirty-eight months] from the appointed day or such earlier date as the Central Government may, by order, appoint; and upon such dissolution, its assets, rights and liabilities shall be apportioned between the successor States in such manner as may be agreed upon among them within one year of the dissolution of the Board or the Corporation, as the case may be, 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 from constituting at any time on or after the appointed day, a State Electricity Board or a State Warehousing Corporation for that State under the provisions of the Act relating to such Board or Corporation; and if such a Board or a Corporation is so constituted in any of the successor States before the dissolution of the Board or the Corporation referred to in sub-section (1),— (a) provision may be made by order of the Central Government enabling the new Board or the new Corporation to take over from the existing Board or Corporation all or any of its undertakings, assets, rights and liabilities in that State, and (b) upon the dissolution of the existing Board or Corporation,— (i) any assets, rights and liabilities which would otherwise have passed to that State by or under the provisions of sub-section (3) shall pass to the new Board or the new Corporation instead of to that State; (ii) any employees who would otherwise have been transferred to or re-employed by that State under sub-section (3), read with clause (i) of sub-section (5), shall be transferred to or re-employed by the new Board or the new Corporation instead of to or by that State. (5) An agreement entered into between the successor States under sub-section (3) and an order made by the Central Government under that sub-section or under clause (a) of sub-section (4) may provide for the transfer or re-employment of any employees of the Board or the Corporation referred to in sub-section (1),— (i) to or by the successor States, in the case of an agreement under sub-section (3) or an order made under that sub-section; (ii) to or by the new Board or the new Corporation constituted under sub-section (4), in the case of an order made under clause (a) of that sub-section, and, subject to the provisions of section 58, also for the terms and conditions of service applicable to such employees after such transfer or re-employment. **54. 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 execution 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 is, by virtue of the provisions of Part II, outside the State in which the power stations and other installations for the generation and supply of such power, or the catchment area, reservoirs and other works for the supply of water, as the case may be, are located, the Central Government may give such directions as it deems fit, to the State Government or other authority concerned for the maintenance, so far as practicable, of the previous arrangement. **55. Provisions as to Assam State Financial Corporation.—(1) The Assam State Financial** Corporation established under the State Financial Corporations Act, 1951 (63 of 1951) shall, on and 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. 1. Subs. by Act 3 of 1975, s. 2, for “three years” (w.e.f. 20-1-1975). 23 ----- (2) Any directions issued by the Central Government under sub-section (1) in respect of the Corporation may include a direction that the said Act, in its application to the Corporation, shall have effect subject to such exceptions and modifications as may be specified in the direction. (3) Notwithstanding anything contained in sub-section (1) or sub-section (2), the Board of Directors of the Corporation may, with the previous approval of the Central Government and shall, if so required by the Central Government, convene at any time after the appointed day a meeting for the consideration of a scheme for the reconstitution or reorganisation or dissolution, as the case may be, of the Corporation, including proposals regarding the formation of new Corporations, and the transfer thereto of the assets, rights and liabilities of the existing Corporation, and if such a scheme is approved at a general meeting by a resolution passed by a majority of the shareholders present and voting, the scheme shall be submitted to the Central Government for its sanction. (4) If the scheme is sanctioned by the Central Government either without modifications or with modifications which are approved at a general meeting, the Central Government shall certify the scheme, and upon such certification the scheme shall, notwithstanding anything to the contrary contained in any law for the time being in force, be binding on the Corporations affected by the scheme as well as the shareholders and creditors thereof. (5) If the scheme is not so approved or sanctioned, the Central Government may refer the scheme to such Judge of the common High Court as may be nominated in this behalf by the Chief Justice thereof, and the decision of the Judge in regard to the scheme shall be final and shall be binding on the Corporations affected by the scheme as well as the shareholders and creditors thereof. (6) Nothing in the preceding provisions of this section shall be construed as preventing the Government of the State of Meghalaya from constituting, at any time after the appointed day and with the approval of the Central Government, a State Financial Corporation for that State under the State Financial Corporations Act, 1951 (63 of 1951). **56. General provisions as to statutory corporations.—(1) Save as otherwise expressly provided by** the foregoing provisions of this Part, where any body corporate constituted under a Central Act, State Act or Provincial Act for the existing State of Assam or any part thereof has, by virtue of the provisions of Part II, become an inter-State body corporate, then, the body corporate shall, on and 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 may 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. **57.** **Temporary** **provisions** **as** **to** **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 the existing State of Assam shall, if such permit was, immediately before the appointed day, valid and effective in any area therein, 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 State or Regional Transport Authority for the purpose of validating it for use in such area: 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 of the successor States under any such permit, if such vehicle was immediately before that day exempt from the payment of any such tolls, entrance fees or other charges for its operations within the existing State of Assam: 24 ----- Provided that the Central Government may, after consultation with the State Government or Governments concerned, authorise the levy of any such tolls, entrance fees or other charges, as the case may be. **58. Special provision relating to retrenchment compensation in certain cases.—Where, on account** of the reorganisation of the existing State of Assam 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 that State is reconstituted or reorganised in any manner whatsoever or is amalgamated with any other body corporate, co-operative society or undertaking, or is dissolved, and in consequence of such reconstitution, reorganisation, amalgamation or dissolution, any workman employed by such body corporate or any such co-operative society or undertaking, is transferred to, or re-employed by, any other body corporate, or in any other co-operative society or undertaking, then, notwithstanding anything contained in section 25F, 25FF or 25FFF 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 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, the co-operative society or the undertaking where the workman 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, 25FF or 25FFF 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. **59. Special provisions as to income-tax.—Where the assets, rights and liabilities of anybody** corporate carrying on business are, under the provisions of this Part, transferred to any other bodies corporate which after the transfer carry on the same business, the losses or profits or gains sustained by the body corporate first mentioned which, but for such transfer, would have been allowed to be carried forward and set-off in accordance with the provisions of Chapter VI of the Income-tax Act, 1961 (43 of 1961), shall be apportioned amongst the transferee bodies corporate in accordance with the rules to be made by the Central Government in this behalf and, upon such appointnment, the share of loss allotted to each transferee body corporate shall be dealt with in accordance with the provisions of Chapter VI of the said Act as if the transferee body corporate had itself sustained such loss in a business carried on by it in the years in which these losses were sustained. **60. Continuance of facilities in certain State institutions.—(1) The Government of the State of** Assam or Meghalaya or, as the case may be, the Central Government in relation to the Union territory of Mizoram shall, in respect of the institutions specified in the Seventh Schedule located in that State or Union territory, continue to provide facilities to any other Government aforesaid and the people of the States and Union territory aforesaid which shall not, in any respect, be less favourable to such Government and people than what were being provided to them before the appointed day, for such period and upon such terms and conditions (including those relating to any contributions to be made for the provision of such facilities) as may be agreed upon between the said Governments before the expiry of a period of one year from the appointed day or, if no agreement is reached before such expiry, as may be fixed by order of the Central Government. (2) The Central Government may at any time before the expiry of a period of one year from the appointed day, by notification in the Official Gazette, specify in the Seventh Schedule any other institution existing on the appointed day in the said States and Union territory and on the issue of such notification, the said Schedule shall be deemed to be amended by the inclusion of the said institution therein. 25 ----- PART VIII PROVISIONS AS TO SERVICES **61. Provisions relating to All-India Services.—(1) In this section, the expression “joint cadre”,—** (a) in relation to the Indian Administrative Service, has the meaning assigned to it in the Indian Administrative Service (Cadre) Rules, 1954; (b) in relation to the Indian Police Service, has the meaning assigned to it in the Indian Police Service (Cadre) Rules, 1954; and (c) in relation to the Indian Forest Service, has the meaning assigned to it in the Indian Forest Service (Cadre) Rules, 1966. (2) On and from the appointed day, there shall be constituted for the States of Assam and Meghalaya a joint cadre of the Indian Administrative Service, a joint cadre of the Indian Police Service and a joint cadre of the Indian Forest Service. 1[(3) On and from the appointed day, there shall be constituted for the States of Manipur and Tripura and joint cadre of the Indian Administrative Service, a joint cadre of the Indian Police Service and a joint cadre of the Indian Forest Services.] (4) The initial strength and composition of each of the joint cadres referred to in sub-sections (2) and (3) shall be such as the Central Government may, by order, determine before the appointed day. (5) The members of each of the said Services borne on the Assam cadre thereof immediately before the appointed day shall be allocated to the joint cadre of the same Service constituted under sub-section (2) and to the Union territories cadre of that Service in such manner and with effect from such date or dates as the Central Government may, by order, specify. (6) Such members of each of the said Services borne on the Union territories cadre thereof immediately before the appointed day, as the Central Government may, by order, specify, shall be allocated to the joint cadre of the same Service constituted under sub-section (3) with effect from such date or dates as may be specified in the order. (7) Every person who, being a member of a State Civil Service of the existing State of Assam, is borne on a Select List for promotion to the Assam cadre of an All-India Service immediately before the appointed day shall, unless he is deemed to have been allocated to the Union under section 64, be deemed to have been included in the same order as in that List, in the Select List for promotion to the joint cadre of the same Service constituted under sub-section (2). (8) Every person who, being a person deemed to have been allocated under section 62 for service in connection with the affairs of the State of Manipur or the State of Tripura, is borne on a Select List for promotion to the Union territories cadre of an All-India Service immediately before the appointed day, 1. Sub-section (3) shall stand substituted (date to be notified) by Act 39 of 2012, s. 2 to read as under: “(3) On and from the date of commencement of the North-Eastern Areas (Reorganisation) Amendment Act, 2012, there shall be constituted each for the State of Manipur and for the State of Tripura a separate cadre of the Indian Administrative Service, a separate cadre of the Indian Police Service and a separate cadre of the Indian Forest Service. (3A) The initial strength and composition of the State cadres referred to in sub-section (1) shall be such as the Central Government may, by order, determine before the date of commencement of the North-Eastern Areas (Reorganisation) Amendment Act, 2012. (3B) The members of each of the said services borne on the joint cadre for the States of Manipur and Tripura in each category of the All-India Services immediately before the commencement of the North-Eastern Areas (Reorganisation) Amendment Act, 2012 shall be allocated to the State cadres of the same service constituted under sub-section (1) in such manner and with effect from such date or dates as the Central Government may, by order, specify. (3C) Nothing in this section shall be deemed to affect the operation, on or after the commencement of the North-Eastern Areas (Reorganisation) Amendment Act, 2012, of the All-India Services Act, 1951 (61 of 1951), or the rules and regulations made thereunder.” 26 ----- shall be deemed to have been included in the same order as in that List, in the Select List for promotion to the joint cadre of the same Service constituted under sub-section (3). (9) Every person who, being a person deemed to have been allocated to the Union under section 64, is borne on a Select List for promotion to the Assam cadre of an All-India Service immediately before the appointed day, shall be deemed to have been included in the Select List for promotion to the Union territories cadre of the same Service and his position in the said Select List shall be determined by the Central Government in consultation with the Union Public Service Commission. (10) 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 or regulations made thereunder. **62. Provision relating to Services in Manipur and Tripura.—Every person who immediately before** the appointed day is serving in connection with the affairs of the Union under the administrative control of the Administrator of the Union territory of Manipur, or the Administrator of the Union territory of Tripura (including a person who has been placed on deputation by the Administrator concerned with any other authority), shall, unless otherwise directed by an order of the Central Government, be deemed to have been allocated for service as from that day in connection with the affairs of the State of Manipur or, as the case may be, of the State of Tripura: Provided that no direction shall be issued under this section after the expiry of a period of one year from the appointed day. **63. Special provisions relating to members of Central Health Service.—Notwithstanding the** provisions of section 62, every member of the Central Health Service who immediately before the appointed day is holding any post in the Union territory of Manipur or the Union territory of Tripura, being a post included in the authorised strength of that Service, shall, unless otherwise directed by the Central Government, be deemed to be on deputation on and from the appointed day, to the Government of the State of Manipur or, as the case may be, of the State of Tripura on the same terms and conditions of service as are applicable to him under the Central Health Service Rules, 1963, but without any deputation allowance: Provided that the period of such deputation shall in no case extend beyond a period of three years from the appointed day. _Explanation.—In this section, “Central Health Service” means the Central Health Service constituted_ under the Central Health Service Rules, 1963. **64. Provisions relating to Services in the existing State of Assam.—(1) Such persons serving in** connection with the affairs of the existing State of Assam (including persons borne on any cadre of that State and serving under the Government of the autonomous State of Meghalaya or on deputation to any other Government or authority) as may be determined at any time before or after the appointed day,— (a) by agreement between the Government of the existing State of Assam and the Government of the autonomous State of Meghalaya or between the Government of the State of Assam and the Government of the State of Meghalaya, as the case may be, or (b) in default of any such agreement, by the Central Government, may, notwithstanding anything in their terms of appointment or their conditions of service,— (i) in a case referred to in clause (a), by one or more orders made by the Government of the existing State of Assam or the Government of the State of Assam, as the case may be, or (ii) in a case referred to in clause (b), by one or more orders made by the Central Government, be required to serve in connection with the affairs of the State of Meghalaya and every such person shall accordingly be deemed to have been allocated to that State with effect from such date as may be specified in the order. (2) Such persons serving in connection with the affairs of the existing State of Assam (including persons borne on any cadre of the existing State of Assam and serving under the Government of the 27 ----- autonomous State of Meghalaya or on deputation to any other Government or authority), as the Central Government may, at any time before or after the appointed day, determine after consultation with the Government of the existing State of Assam or the Government of the State of Assam, as the case may be, may, notwithstanding anything in the terms of their appointment or their conditions of service, by one or more orders made by the Central Government, be required to serve in connection with the administration of the Union territory of Mizoram, and every such person shall, accordingly, be deemed to have been allocated to the Union with effect from such date as may be specified in the order: Provided that every person borne on any cadre of the existing State of Assam and serving in the Mizo District immediately before the appointed day shall, unless otherwise directed by the Administrator of the Union territory of Mizoram, continue to serve on and from the appointed day, in connection with the administration of that Union territory until any order is made under this sub-section in respect of such person or the expiry of a period of three years from the appointed day, whichever is earlier. **65. Provisions relating to Services in the autonomous State of Meghalaya.—Every person who** immediately before the appointed day is serving in connection with the affairs of the autonomous State of Meghalaya (including a person on deputation from the Government of that autonomous State to any other Government or authority), not being a person to whom section 64 applies, shall be deemed to have been allocated to serve as from that day in connection with the affairs of the State of Meghalaya. **66. Other provisions relating to Services.—(1) Nothing in this section or sections 62 to 65 (both** inclusive) shall be deemed to affect on or after the appointed day the operation of the provisions of Chapter I of Part XIV of the Constitution in relation to determination of conditions of service of persons serving in connection with the affairs of the State of Manipur, Meghalaya or Tripura or the Union territory of Mizoram: Provided that the conditions of service applicable immediately before the appointed day in the case of any person deemed to have been allocated to the State of Manipur or the State of Tripura under section 62 or to the State of Meghalaya under sub-section (1) of section 64 or section 65 or to the Union under sub-section (2) of section 64 shall not be varied to his disadvantage except with the previous approval of the Central Government. (2) All services prior to the appointed day rendered by a person— (a) if he is deemed to have been allocated to any State under section 62 or section 64 or section 65, shall be deemed to have been rendered in connection with the affairs of that State, (b) if he is deemed to have been allocated to the Union in connection with the administration of the Union territory of Mizoram, shall be deemed to have been rendered in connection with the affairs of the Union, for the purposes of the rules regulating his conditions of service. (3) The provisions of sections 62, 64 and 65 shall not apply in relation to members of any All-India Service. **67. Provisions as to continuance of officers in 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 administration of the Union territory of Manipur or Union territory of Tripura, shall continue to hold the same post or office in the State of Manipur, or, as the case may be, in the State of Tripura and shall be deemed, on and from that day, to have been duly appointed to the post or office by the Government of, or other appropriate authority in the State concerned. (2) Where a 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 existing State of Assam and, as from the appointed day, such duties become duties in connection with the affairs of the State of Meghalaya or administration of the Union territory of Mizoram, then, he shall continue to hold the same post or office in that State or Union territory and shall be deemed, on and from that day, to have been duly appointed to the post or office by the Government or Administrator of, or other appropriate authority in, that State or Union territory, as the case may be. 28 ----- (3) Where a 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 autonomous State of Meghalaya and, as from the appointed day, such duties become duties in connection with the affairs of the State of Meghalaya, then, he shall continue to hold the same post or office in the State of Meghalaya and shall be deemed, on and from that day, to have been duly appointed to the post or office by the Government of, or other appropriate authority in, the State of Meghalaya. (4) Nothing in sub-section (1) or sub-section (2) or sub-section (3) shall be deemed to prevent a competent authority, on and from the appointed day, from passing in relation to any person referred to in that sub-section any order affecting his continuance in such post or office. **68. Advisory Committees.—The Central Government may, by order, establish one or more Advisory** Committees for the purpose of assisting it in regard to— (a) the discharge of any of its functions under this Part; and (b) the ensuring of fair and equitable treatment to all persons affected by the provisions of this Part and the proper consideration of any representations made by such persons. **69. Power of Central Government to give directions.—The Central Government may give such** directions to the State Governments of Assam, Manipur, Meghalaya and Tripura and to the Administrator of the Union territory of Mizoram as may appear to it to be necessary for the purpose of giving effect to the foregoing provisions of this Part and the State Governments and the Administrator shall comply with such directions. **70. Provisions as to State Public Service Commission.—(1) The Public Service Commission for the** existing State of Assam shall, on and from the appointed day, be deemed to be the Public Service Commission for the State of Assam. (2) Every person holding office immediately before the appointed day as Chairman or other member of the Public Service Commission for the existing State of Assam shall, as from the appointed day, be the Chairman or, as the case may be, the other member of the Public Service Commission for the State of Assam. (3) Every person who becomes Chairman or other member of the Public Service Commission for the State of Assam on the appointed day under sub-section (2) shall— (a) be entitled to receive from the Government of the State of Assam conditions of service not less favourable than those to which he was entitled under the provisions applicable to him immediately before the appointed day; and (b) 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 IX LEGAL AND MISCELLANEOUS PROVISIONS **71. Amendment of articles 210, 239A, 244, 244A, 275, 332, 371B and Fifth and Sixth Schedules** **to the Constitution.—On and from the appointed day—** (a) in article 210, in the proviso to clause (2), for the words “Legislature of the State of Himachal Pradesh”, the words “Legislatures of the States of Himachal Pradesh, Manipur, Meghalaya and Tripura” shall be substituted; (b) in article 239A, in clause (1), the words “Manipur, Tripura,” shall be omitted; (c) in article 244,— (i) in clause (1), for the words “the State of Assam”, the words “the States of Assam and Meghalaya” shall be substituted; 29 ----- (ii) in clause (2), for the words “the State of Assam”, the words “the States of Assam and Meghalaya and the Union territory of Mizoram” shall be substituted; (d) in article 244A, in clause (1), for the word and letter “Part A”, the word and figure “Part I” shall be substituted; (e) in article 275, in clause (a) of the second proviso to clause (1), for the word and letter “Part A”, the word and figure “Part I” shall be substituted; (f) in article 332,— (i) in clause (5), the words “except in the case of the constituency comprising the cantonment and municipality of shillong” shall be omitted; (ii) in clause (6), the words “except from the constituency comprising the cantonment and municipality of Shillong” shall be omitted; (g) in article 371B, for the word and letter “Part A”, the word and figure “Part I” shall be substituted; (h) in the Fifth Schedule to the Constitution, in paragraph 1, for the words “State of Assam”, the words “States of Assam and Meghalaya” shall be substituted; (i) the Sixth Schedule to the Constitution shall stand amended as directed in the Eighth Schedule. **72. Amendment of Act 2 of 1934.—On and from the appointed day, in section 21A of the Reserve** Bank of India Act, 1934, in sub-section (1), the brackets and words “(including the autonomous State of Meghalaya)” shall be omitted. **73. Amendment of Act 64 of 1950.—On and from the appointed day, in section 47A of the Road** Transport Corporations Act, 1950, in the _Explanation to sub-section (1), after clause (ii), the following_ clause shall be inserted, namely:— “(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.”. **74. Amendment of Act 37 of 1956. —On and from the appointed day, in the States Reorganisation** Act, 1956,— (a) for clause (c) of section 15, the following clause shall be substituted, namely:— “(c) the Eastern Zone, comprising the States of Bihar, West Bengal and Orissa;”; (b) in sub-section (1) of section 16, clause (d) shall be omitted. **75. Amendment of Act 20 of 1963.—On and from the appointed day, in the Government of Union** Territories Act, 1963,— (a) in clause (h) of sub-section (1) of section 2, the words “Manipur, Tripura,” shall be omitted; (b) in section 44, sub-section (2) shall be omitted; (c) section 52 shall be omitted. **76. Amendment of Act 56 of 1955 and the Tripura (Courts) Order, 1950.—On and from the** appointed day,— (a) the Manipur (Courts) Act, 1955 shall stand amended as directed in the Ninth Schedule; (b) the Tripura (Courts) Order, 1950 shall stand amended as directed in the Tenth Schedule. **77. 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 the territorial references in any such law to the existing State of Assam or the autonomous State of Meghalaya or the Union territory of Manipur or the Union territory of Tripura or the North-East 30 ----- Frontier Agency shall, until otherwise provided by a competent Legislature or other competent authority, be construed as meaning the territories within that State or autonomous State or Union territory or Agency immediately before the appointed day. **78. Continuance of existing District Councils and Regional Council and members thereof.—For** the removal of doubt, it is hereby declared that all District Councils and the Regional Council constituted under the provisions of the Sixth Schedule to the Constitution and functioning immediately before the appointed day in the respective autonomous districts and in the autonomous region shall, as from that day, be deemed to have been constituted under the said Schedule as amended by clause (i) of section 71, read with the Eighth Schedule and accordingly,— (a) every such District Council and the Regional Council shall, unless sooner dissolved, continue to function in the respective autonomous districts and in the autonomous region, notwithstanding that any such district or region ceases to be comprised in the territories of the State of Assam, by virtue of the provisions of Part II; and (b) every member of such District Council or Regional Council shall continue to be a member thereof for the unexpired term of his office as such. **79. Power to adapt laws.—For the purpose of facilitating the application of any law in relation to any** of the States of Union territories formed or established by the provisions of Part II, the appropriate Government may, before the expiration of two years 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 “the appropriate Government” means—_ (a) as respects any law relating to a matter enumerated in the Union List in the Seventh Schedule to the Constitution, the Central Government; and (b) as respects any other law,— (i) in its application to a State, the State Government, and (ii) in its application to a Union territory, the Central Government. **80. Power to construe laws.—(1) Notwithstanding that no provision or insufficient provision has** been made under section 79 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 the State of Assam, Manipur, Meghalaya or Tripura or to the Union territory of Mizoram or Arunachal Pradesh 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. (2) Any reference to the High Court of Assam or the High Court of Assam and Nagaland or to the Court of the Judicial Commissioner for Manipur or the Court of the Judicial Commissioner for Tripura in any law shall, unless the context otherwise requires, be construed, on and from the appointed day, as a reference to the common High Court. **81. Power to name authorities, etc., for exercising statutory functions.—The Central Government,** as respects the Union territory of Mizoram or Arunachal Pradesh and the State Government as respects any new State established or formed by the provisions of Part II 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. **82. Legal proceedings.—(1) Where immediately before the appointed day the Union is a party to any** legal proceedings with respect to any property, right or liability and such property, right or liability devolves on the State of Manipur or the State of tripura under this Act, then, the State of Manipur or, as the case may be, the State of Tripura shall be deemed to be substituted for the Union as a party to those proceedings and the proceedings may continue accordingly. 31 ----- (2) Where immediately before the appointed day the autonomous State of Meghalaya is a party to any legal proceedings with respect to any property, right or liability of that State, and such property, right or liability devolves on the State of Meghalaya under this Act, then, the State of Meghalaya shall be deemed to be substituted for the autonomous State of Meghalaya as a party to those proceedings and the proceedings may continue accordingly. (3) Where immediately before the appointed day the existing State of Assam 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 existing State of Assam as a party to those proceedings or added as a party thereto, as the case may be, and the proceedings may continue accordingly. **83. Rights of pleaders to practise in certain cases.—Any person who, immediately before the** appointed day, is enrolled as a pleader entitled to practise in any subordinate courts in the existing State of Assam shall, for a period of one year 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 the State of Meghalaya or to a Union territory. **84. 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 in any area which on that day falls within a State or Union territory shall, if it is a proceeding relating exclusively to the territories which as from that day are the territories of another State or Union territory, stand transferred to the corresponding court, tribunal, authority or officer in that other State or 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 common High Court 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 or a Union territory means— (i) the court, tribunal, authority or officer in that State or Union territory in which or before whom the proceeding would have lain if it had been instituted after the appointed day; or (ii) in case of doubt, such court, tribunal, authority or officer in that State or Union territory as may be determined after the appointed day by the Government of that State or the Central Government, as the case may be, or before the appointed day by the Government of the existing State of Assam or the Government of the autonomous State of Meghalaya or the Central Government, as the case may be, to be the corresponding court, tribunal, authority or officer. **85. Provisions as to continuance of courts, etc.—All courts and tribunals and all authorities** discharging lawful functions throughout the existing State of Assam or the Union territory of Manipur or the Union territory of Tripura or any part of such State or Union territory immediately before the appointed day shall, unless their continuance is inconsistent with the provisions of this Act or until other provision is made by a competent Legislature or other competent authority, continue to exercise their respective functions. **86. 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. **87. Power to remove difficulties.—(1) 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. (2) Every order made under this section shall be laid before each House of Parliament. **1[87A. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of** this Act, as amended by the North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) 1. Ins. by Act 26 of 2012, s. 8 (w.e.f. 23-3-2013). 32 ----- Act, 2012, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as may appear to be necessary for removing the difficulty: Provided that no such order shall be made under this section after the expiry of a period of two years from the commencement of the North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012. (2) Every order made under this section shall be laid before each House of Parliament.] **88. 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) 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 [1][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 8 of 1974, s. 3, for “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” (w.e.f. 19-1-1974). 33 ----- THE FIRST SCHEDULE [See sections 14 (2) and 20 (5)] AMENDMENTS TO THE DELIMITATION OF PARLIAMENTARY AND ASSEMBLY CONSTITUENCIES ORDER, 1966 In Schedule II to the Delimitation of Parliamentary and Assembly Constituencies Order, 1966,— (1) in PART A.—PARLIAMENTARY CONSTITUENCIES,— (a) for serial No. 1 and the entries relating thereto, the following shall be substituted, namely:— “1. **Cachar.—(11) Silchar, (12) Sonai, (13) Dholai, (14) Lakhipur, (15) Udharbond,** (16) Borkhola.”; (b) for serial No. 3 and the entries relating thereto, the following shall be substituted, namely:— “3. Diphu (S.T.).—(18) Haflong, (19) Bokajan, (20) Howraghat, (21) Baithalangso.”; (c) for serial No. 4 and the entries relating thereto, the following shall be substituted, namely:— “4. Dhubri.—(31) Mankachar, (32) South Salmara, (33) Dhubri, (34) Gauripur, (35) Golakganj, (36) Bilasipara.”; (2) in PART B.—ASSEMBLY CONSTITUENCIES, serial Nos. 1, 2, 3 and 22 to 30 (both inclusive) and the entries relating thereto shall be omitted. 34 ----- THE SECOND SCHEDULE [See section 25 (1)] AMENDMENTS TO THE CONSTITUTION (SCHEDULED CASTES) ORDER, 1950 In the Constitution (Scheduled Castes) Order, 1950,— (1) in paragraph 2, for the figures “XIV”, the figures “XVII” shall be substituted; (2) in paragraph 4,— (a) for the words and figures “and any reference in Part XIV”, the words and figures “any reference in Part XIV” shall be substituted; (b) the following shall be added at the end, namely:— “and any reference in Parts XV, XVI and XVII to a State shall be construed as a reference to the State constituted as from the day appointed under clause (b) of section 2 of the North-Eastern Areas (Reorganisation) Act, 1971”; (3) in the Schedule, after Part XIV, the following Parts shall be inserted, namely:— “PART XV—Manipur Throughout the State:— 1. Dhupi or Dhobi 2. Lois 3. Muchi or Ravidas 4. Namasudra 5. Patni 6. Sutradhar 7. Yaithibi. PART XVI—Meghalaya Throughout the State:— 1. Bansphor 9. Kaibartta or Jaliya 10. Lalbegi 2. [Bhuinmali or Mali ] 11. Mahara 3. [Brittial-Bania or Bania ] 12. Mehtar or Bhangi 4. [Dhupi or Dhobi ] 13. Muchi or Rishi 5. [Dugla or Dholi ] 14. Namasudra 6. [Hira ] 15. Patni 7. [Jalkeot ] 16. Sutradhar. 8. [Jhalo, Malo or Jhalo-Malo ] 35 ----- PART XVII—Tripura Throughout the State:— 1. Bagdi 20. Kanda 2. Baiti 21. Kanugh 3. Bhuimali 22. Keot 4. Bhunar 23. Khadit 5. Chamar or Muchi 24. Kharia 6. Dandasi 25. Khemcha 7. Dhenuar 26. Koch 8. Dhoba 27. Koir 9. Duai 28. Kol 10. Dum 29. Kora 11. Ghasi 30. Kotal 12. Gour 31. Mahisyadas 13. Gunar 32. Mali 14. Gur 33. Mehtor 15. Gorang 34. Musahar 16. Jalia Kaibartta 35. Namasudra 17. Kahar 36. Patni 18. Kalindi 37. Sabar.”. 19. Kan 36 ----- THE THIRD SCHEDULE [See section 25 (2)] AMENDMENTS TO THE CONSTITUTION (SCHEDULED CASTES) (UNION TERRITORIES) ORDER, 1951 In the Constitution (Scheduled Castes) (Union Territories) Order, 1951,— (1) for paragraph 4, the following paragraph shall be substituted, namely:— “4. Any reference in this Order to a Union territory in Part I of the Scheduled shall be construed as a reference to the territory constituted as a Union territory as from the 1st day of November, 1956, any reference to a Union territory in Part II of the Schedule shall be construed as a reference to the territory constituted as a Union territory as from the 1st day of November, 1966 and any reference to a Union territory in Parts III and IV of the Schedule shall be construed as a reference to the territory constituted as a Union territory as from the day appointed under clause (b) of section 2 of the North-Eastern Areas (Reorganisation) Act, 1971.”; (2) in the Schedule,— (a) Parts III and IV shall be omitted; (b) Part V shall be re-numbered as Part II and after that Part as so re-numbered, the following Parts shall be inserted, namely:— “PART III—Mizoram Throughout the Union territory:— 1. Bansphor 10. Lalbegi 2. Bhuinmali or Mali 11. Mahara 3. Brittial-Bania or Bania 12. Mehtar or Bhangi 4. Dhupi or Dhobi 13. Muchi or Rishi 5. Dugla or Dholi 14. Namasudra 6. Hira 15. Patni 7. Jalkeot 16. Sutradhar. 8. Jhalo, Malo or Jhalo-Malo 9. Kaibartta or Jaliya PART IV—Arunachal Pradesh Throughout the Union territory:— 1. Bansphor 10. Lalbegi 2. Bhinmali or Mali 11. Mahara 3. Brittial-Bania or Bania 12. Mehtar or Bhangi 4. Dhupi or Dhobi 13. Muchi or Rishi 5. Dugla or Dholi 14. Namasudra 6. Hira 15. Patni 37 ----- 7. Jalkeot 16. Sutradhar.”. 8. Jhalo, Malo or Jhalo-Malo 9. Kaibartta or Jaliya 38 ----- THE FOURTH SCHEDULE [See section 26 (1)] AMENDMENTS TO THE COSTITUTION (SCHEDULED TRIBES) ORDER, 1950 In the Constitution (Scheduled Tribes) Order, 1950,— (1) in paragraph 2, for the figures “XIII”, the figures “XVI” shall be substituted; (2) in paragraph 3,— (a) for the words and figures “and any reference in Part XIII”, the words and figures “any reference in Part XIII” shall be substituted; (b) the following shall be added at the end, namely:— “and any reference in Parts XIV to XVI to a State shall be construed as a reference to the State constituted as from the day appointed under clause (b) of section 2 of the North-Eastern Areas (Reorganisation) Act, 1971”; (3) in the Schedule,— (a) in PART II—Assam, paragraph 2 shall be omitted and in paragraph 3, for the words “excluding the Tribal areas”, the words “excluding the autonomous districts” shall be substituted; (b) after Part XIII, the following Parts shall be inserted, namely:— “PART XIV—Manipur Throughout the State:— 1. Aimol 19 Moyon 2. Anal 20. Paite 3. Angami 21. Purum 4. Chiru 22. Ralte 5. Chothe 23. Sema 6. Gangte 24. Simte 7. Hmar 25. Suhte 8. Kabui 26. Tangkhul 9. Kacha Naga 27. Thadou 10. Khoirao 28. Vaiphui 11. Koireng 29. Zou. 12. Kom 13. Lamgang 14. Any Mizo (Lushai) tribes 15. Maram 16. Maring 17. Mao 18. Monsang 39 ----- PART XV—Meghalaya Throughout the State:— 1. Chakma (xvii) Khelma (xviii) Kholhou 2. [Dimasa (Kachari) ] (xix) Kipgen 3. [Garo ] (xx) Kuki 4. [Hajong ] (xxi) Lengthang 5. [Hmar ] (xxii) Lhangum 6. [Khasi and Jaintia (including Khasi, ] Synteng or Pnar, War, Bhoi or Lyngngam) # (xxiii) Lhoujem 7. [Any Kuki tribes, including: ] # (xxiv) Lhouvum (i) [Biate or Biete] (xxv) Lupheng (ii) [Changsan] (xxvi) Mangjel (ii) [Chongloi] (xxvii) Misao (iv) [Doungel] (xxviii) Riang (v) [Gamalhou] (xxix) Siarhem (vi) [Gangte] (xxx) Selnam (vii) [Guite] (viii) [Hanneng] (xxxi) Singson (ix) [Haokip or Haupit] (xxxii) Sitlhou (x) [Haolai] (xxxiii) Sukte (xi) [Hengna] (xxxiv) Thado (xii) [Hongsungh] (xxxv) Thangngeu (xiii) [Hrangkhwal or Rangkhol] (xxxvi) Uibuh (xiv) [Jongbe] (xxxvii) Vaiphei (xv) [Khawchung] (xvi) Khanwathlang or Khothalong 8. Lakher 9. Man (Tai-Speaking) 10. Any Mizo (Lushai) tribes 11. Mikir 12. Any Naga tribes 13. Pawi 14. Synteng. 40 ----- PART XVI—Tripura Throughout the State:— (vii) Khareng 1. Lushai (xi) Lentei 2. Mag (xii) Mizel 3. Kuki, including the following sub-tribes:— (i) Balte (xiii) Namte (ii) Belalhut (xiv) Paitu, Paite (iii) Chhalya (xv) Rangchan (iv) Fun (xvi) Rangkhole (v) Hajango (xvii) Thangluya (vi) Jangtei (xiv) Paitu, Paite (vii) Khareng (viii) Khephong (ix) Kuntei (x) Laifang 4. Chakma 5. Garoo 6. Chaimal 7. Halam 8. Khasia 9. Bhutia 10. Munda including Kaur 11. Orang 12. Lepcha 13. Santal 14. Bhil 15. Tripura or Tripuri, Tippera 16. Jamatia 17. Noatia 18. Riang 19. Uchai.”. 41 ----- THE FIFTH SCHEDULE [See section 26(2)] AMENDMENTS TO THE CONSTITUTION (SCHEDULED TRIBES) (UNION TERRITORIES) ORDER, 1951 In the Constitution (Scheduled Tribes) (Union Territories) Order, 1951,— (1) in paragraph 2, for the words and figures “Parts I to IV”, the words and figures “Parts I to III” shall be substituted; (2) for paragraph 3, the following paragraph shall be substituted, namely:— “3. Any reference in this Order to a Union territory in Part I of the Scheduled shall be construed as a reference to that territory constituted as a Union territory as from the 1st day of November, 1956 and any reference to a Union territory in Parts II and III of the Schedule shall be construed as a reference to the territory constituted as a Union territory as from the day appointed under clause (b) of section 2 of the North-Eastern Areas (Reorganisation) Act, 1971.”; (3) in the Schedule,— (a) Parts II and III shall be omitted; (b) Part IV shall be re-numbered as Part I and after that Part as so re-numbered, the following Parts shall be inserted, namely: — “PART II—Mizoram Throughout the Union territory:— (xi) Hengna 1. Chakma (xii) Hongsungh 2. Dimasa (Kachari) (xiii) Hrangkhwal or Rangkhol 3. Garo _(xiv) Jongbe_ 4. Hajong (xv) Khawchung 5. Hmar (xvi) Khawathlang or Khothalong 6. Khasi and Jaintia (including Khasi, (xvii) Khelma Synten or Pnar, War, Bhoi or Lyngngam) # 7. Any Kuki tribes, including: (xviii) Kholhou (i) Biate or Biete (xix) Kipgen (ii) Changsan (xx) Kuki (iii) Chongloi (xxi) Lengthang (iv) Doungel (xxii) Lhangum (v) Gamalhou (xxiii) Lhoujem (vi) Gangte (xxiv) Lhouvun (vii) Guite (xxv) Lupheng (viii) Hanneng (xxvi) Mangjel _(ix) Haokip or Haupit_ (xxvii) Missao 42 ----- (xxviii) Riang 8. Lakher (xxix) Sirphem 9. Man (Tai-Speaking) (xxx) Selnam 10. Any Mizo (Lushai tribes) (xxxi) Singson 11. Mikir (xxxii) Sitlhou 12. Any Naga tribes (xxxiii) Sukte 13. Pawi (xxxiv) Thado 14. Synteng. (xxxv) Thangngeu (xxxvi) Uibuh (xxxvii) Vaiphei PART III—Arunachal Pradesh Throughout the Union territory:— All tribes of the Union territory including: 1. Abor 7. Khowa 2. Aka 8. Mishmi 3. Apatani 9. Momba 4. Dafla 10. Any Naga tribes 5. Galong 11. Sherdukpen 6. Khampti 12. Singpho.”. 43 ----- THE SIXTH SCHEDULE [See section 53 (3)] APPORTIONMENT OF ASSETS AND LIABILITIES **1. Definitions.—In this Schedule,—** (a) “population ratio”, in relation to the States of Assam and Meghalaya means the ratio of 93.58 to 6.42; and (b) “transferred territories” means the territories which, as from the appointed day, become the territories of the State of Meghalaya under section 5. **2. Provisions of the Schedule to be applied to the apportionment of certain assets and** **liabilities.—Where any asset or liability is required to be apportioned to the autonomous State of** Meghalaya by virtue of section 58 of the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), but has not been so apportioned before the appointed day, the provisions of this Schedule shall be applied after apportionment under the said section has been effected. **3. Apportionment of land, stores, etc.—(1) Subject to the other provisions contained in this** Schedule, all land and all stores, articles and other goods belonging to the existing State of Assam shall, on and from the appointed day,— (a) in a case where such land, stores, articles and other goods are situated within the transferred territories, pass to the State of Meghalaya; and (b) in any other case, pass to the State of Assam; Provided that where the Central Government is of the opinion that any goods or class of goods should be distributed among the States of Assam and Meghalaya 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 States of Assam and Meghalaya accordingly. (2) (a) Such of those lands and buildings as are held by the existing State of Assam, within the limits of the cantonment and municipality of Shillong immediately before the appointed day as may be agreed upon between the States of Assam and Meghalaya shall be available for the use of the State of Assam on the appointed day and thereafter for such period as may be agreed upon between the said States. (b) Where no agreement is reached between the States of Assam and Meghalaya on any of the matters referred to in clause (a), the Central Government shall decide such matter and the decision of the Central Government thereon shall be binding on the said States. (c) Different periods may be agreed upon under clause (a) or decided under clause (b) for different lands and buildings. (d) Where any land or building is made available to the State of Assam under this sub-paragraph on or after the appointed day, then, notwithstanding anything contained in this Schedule, the debt or other liabilities in respect of such land or building shall pass to the State of Meghalaya only from the date from which possession of the land or building is given to the State of Meghalaya and the amount of such debt or other liability shall be determined by agreement between the States of Assam and Meghalaya or, in default of any such agreement, by the Central Government. (e) For so long as any land or building referred to in clause (a) is held by the State of Assam for its use, it shall be the responsibility of that State to properly maintain such land or building from its own funds. (3) Stores relating to the Secretariat and the offices of Heads of departments having jurisdiction over the areas comprised partly in the transferred territories and partly in the State of Assam and unissued stores shall be divided between the States of Assam and Meghalaya in accordance with such directions as the Central Government may think fit to issue for a just and equitable distribution thereof. 44 ----- _Explanation.—In this paragraph, the expression “land” includes immovable property of every_ description and any rights in or over such property, and the expression “goods” does not include coins, bank notes and currency notes. **4. Arrears of Taxes.—The State of Meghalaya shall have the right to recover the arrears of any tax or** duty, including the arrears of land revenue, on property situate in the transferred territories, and shall also have the right to recover the arrears of any other tax or duty if the place of assessment of that tax or duty is located in the transferred territories. **5. Right to recover loans and advances.—(1) Save as provided in sub-paragraph (2) of paragraph 6,** the right to recover any loans or advances made before the appointed day by the existing State of Assam to any local body, society, agriculturist or other person in the transferred territories shall belong to the State of Meghalaya. (2) The right to recover loans and advances of pay and travelling allowances to a Government servant made before the appointed day by the existing State of Assam shall pass to the State of Meghalaya if, after the appointed day, that Government servant is required to serve in connection with the affairs of Meghalaya. **6. Investments.—(1) The investments of the existing State of Assam immediately before the** appointed day in any company or private commercial or industrial undertaking, in so far as such investments have not been made or deemed not to have been made from the Cash Balance Investment Account, shall pass to the State of Meghalaya, if the principal seat of business of the company or undertaking is located in the transferred territories and where on that day the principal seat of business of the company or undertaking is located outside the territories of the existing State of Assam, such investments shall be divided between the States of Assam and Meghalaya in the population ratio: Provided that such investments in any Government company shall be divided between the States of Assam and Meghalaya in such proportion as may be agreed upon between those States or— (a) in default of such agreement; or (b) at the expiry of a period of one year from the appointed day, whichever is earlier, in such proportion as the Central Government may, by order, determine: Provided further that nothing in this paragraph shall apply to any investment made by the existing State of Assam on or after the 2nd day of April, 1970 in any company or private commercial or industrial undertaking located outside the territories of the existing State of Assam. (2) Where any body corporate constituted under a Central Act, State Act or Provincial Act for the existing State of Assam or any part thereof has, by virtue of the provisions of Part II, become an inter-State body corporate, the investments in, or loans or advances to, any such body corporate by the existing State of Assam made before the appointed day shall, save as otherwise expressly provided by or under this Act, be divided between the State of Assam and Meghalaya in the same proportion in which the assets of the body corporate are divided under the provisions of Part VII. **7. Assets and liabilities of State undertakings.—(1) The assets and liabilities relating to any** commercial or industrial undertaking of the existing State of Assam shall pass to the State of Meghalaya if the undertaking is located in the transferred territories. (2) Where a depreciation reserve fund is maintained by the existing State of Assam for any commercial or industrial undertaking, the securities held in respect of investments made from that fund shall pass to the State of Meghalaya if the undertaking is located in the transferred territories. (3) Where any such undertaking is located partly in the State of Assam and partly in the State of Meghalaya, the assets and liabilities and the securities referred to in sub-paragraphs (1) and (2) respectively shall be divided in such manner as may be agreed upon between the Governments of the two States within one year from the appointed day, or in default of such agreement, as the Central Government may, by order, direct. 45 ----- **8. Public debt.—(1) The public debt of the existing State of Assam 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 public debt of the State of Assam, and the State of Meghalaya shall be liable to pay to the State of Assam a share of the sums due from time to time for the servicing and repayment of the debt and for the purpose of determining the said share, the debt shall be deemed to be divided between the States of Assam and Meghalaya as if it were a debt referred to in sub-paragraph (5). _Explanation.—In this sub-paragraph, “the public debt of the existing State of Assam”, excludes the_ portion of such public debt the liability for servicing and repayment of which has been apportioned to the autonomous State of Meghalaya by virtue of section 58 of the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969). (2) Where a sinking fund or depreciation fund is maintained by the existing State of Assam for repayment of any loan raised by it, the securities held in respect of investments made from that fund shall be divided between the States of Assam and Meghalaya in the same proportion in which the total public debt is divided between the two States under this paragraph. (3) The public debt of the existing State of Assam attributable to loans taken from the Central Government, the National Co-operative Development Corporation or the Central Warehousing Corporation or the Khadi and Village Industries Commission or from any other source for the express purpose of re-lending the same to a specific institution and outstanding immediately before the appointed day shall,— (a) if re-lent to the Assam State Electricity Board, or any other institution which becomes an inter-State body corporate on the appointed day, be divided between the States of Assam and Meghalaya in the same proportion in which the assets of such body corporate are divided under the provisions of Part VII; (b) if re-lent to any local body, body corporate or other institution in any local area, be the debt of the State in which the local area is included on the appointed day. (4) Out of so much of the public debt of the existing State of Assam, other than the public debt referred to in sub-paragraphs (1) and (3), as is equal to loans and advances made by that State and outstanding on the appointed day, the share of the liability of the State of Meghalaya shall be for an amount equal to the loans and advances [not being re-lent amounts referred to in sub-paragraph (3) and outstanding immediately before the appointed day] recoverable by the State of Meghalaya under paragraph 5. (5) The remaining public debt of the existing State of Assam attributable to loans taken from the Central Government, the Reserve Bank of India or any other body or bank outstanding immediately before the appointed day, shall be divided between the States of Assam and Meghalaya in proportion to the total expenditure on all capital works and other capital outlays incurred or deemed to have been incurred by the existing State of Assam up to the appointed day in the territories remaining in the State of Assam and the total expenditure on all capital works and other capital outlays incurred or deemed to have been incurred by the existing State of Assam up to the appointed day in the transferred territories, other than such outlays incurred or deemed to have been incurred before the 2nd day of April, 1970 in the autonomous State of Meghalaya for the purposes of the autonomous State as defined in paragraph 1 of the Third Schedule to the Assam Re-organisation (Meghalaya) Act, 1969 (55 of 1969). (6) For the purpose of this paragraph, “Government security” means a security created and issued by the existing State of Assam 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). (7) For the purpose of this paragraph, “the public debt of the existing State of Assam attributable to the loan taken from the Central Government” means the public debt of the State as reduced in accordance with the provisions of sub-section (4) of section 52. 46 ----- **9. Refund of taxes collected in excess.—After the appointed day it shall be the liability of the State** of Meghalaya to refund any tax or duty on property, including land revenue, collected in excess on any property situate in the transferred territories or any other tax or duty collected in excess, if the place of assessment of that tax or duty is situate in the transferred territories. **10. Deposits, etc.—(1) The liability of the existing State of Assam in respect of any civil deposit or** local fund deposit, made before the appointed day in any place situate in the transferred territories, shall become the liability of the State of Meghalaya. (2) The liability of the existing State of Assam in respect of any charitable or other endowment shall, as from the appointed day, be the liability of the State or Meghalaya if the institution entitled to the benefit of the endowment is located in the transferred territories, or if the objects of the endowment, under the terms thereof, are confined to the transferred territories. **11. Arrears of pay and allowances.—The liability of the existing State of Assam in respect of any** arrears of pay or allowances due to any Government servant for the period prior to the appointed day shall, if the Government servant is required to serve in connection with the affairs of the State of Meghalaya, be the liability of the State of Meghalaya. **12. Provident Fund, etc.—The liability of the existing State of Assam in respect of the Provident** Fund and Special Deposit Fund accounts of a Government servant required to serve in connection with the affairs of the State of Meghalaya shall, on and from the appointed day, be the liability of the State of Meghalaya. **13. Pensions.—The liability of the State of Assam or the State of Meghalaya in respect of pensions** shall be apportioned between the two States in such manner as may be agreed upon between them or in default of such agreement, in such manner as the Central Government may, by order, specify. **14. Contracts.—(1) Where, before the appointed day, the existing State of Assam has made any** contract in exercise of its executive power for any purposes of that State, that contract shall be deemed to have been made in the exercise of the executive power,— (a) if such purposes are, as from the appointed day, exclusively purposes of either the State of Assam or the State of Meghalaya, of the State of Assam or, as the case may be, of the State of Meghalaya; and (b) in any other case, of the State of Assam, 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 of Assam, be rights or liabilities of the State of Assam or, as the case may be, of the State of Meghalaya: Provided that in any such case as is referred to in clause (b), the initial allocation of rights and liabilities made under this sub-paragraph shall be subject to such financial adjustment as may be agreed upon between the States of Assam and Meghalaya or, in default of such agreement, as the Central Government may, by order, direct. (2) For the purposes of this paragraph, 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 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 paragraph shall have effect subject to the other provisions of this Schedule relating to the apportionment of liabilities in respect of loans, guarantees and other financial obligations; and bank balances and securities shall, notwithstanding that they partake of the nature of contractual rights, be dealt with under those provisions. 47 ----- **15. Liability in respect of actionable wrong.—Where, immediately before the appointed day, the** existing State of Assam is subject to any liability in respect of any actionable wrong, other than breach of contract, that liability shall,— (a) if the cause of action arose wholly within the territories, which as from that day, are the territories of the State of Assam or the State of Meghalaya, be the liability of the State of Assam or, as the case may be, of the State of Meghalaya; and (b) in any other case, be initially the liability of the State of Assam, but subject to such financial adjustment as may be agreed upon between the States of Assam and Meghalaya or, in default of any such agreement, as the Central Government may, by order, direct. **16. Liability as guarantor.—Where, immediately before the appointed day, the existing State of** Assam is liable as guarantor in respect of any liability of a registered co-operative society or other person, that liability shall,— (a) if the area of operation of such society or person is limited to the territories which, as from that day, are the territories of the State of Assam or the State of Meghalaya, be the liability of the State of Assam or as the case may be, of the State of Meghalaya; and (b) in any other case, be initially the liability of the State of Assam, subject to such financial adjustment as may be agreed upon between the States of Assam and Meghalaya or, in default of such agreement, as the Central Government may, by order, direct. **17. 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 Schedule, it shall be dealt with in accordance with that provision. **18. Residuary provisions.—The benefit or burden of any asset or liability of the existing State of** Assam not dealt with in the foregoing paragraphs of this Schedule shall pass to the State of Assam in the first instance, subject to such financial adjustment as may be agreed upon between the States of Assam and Meghalaya within one year from the appointed day or, in default of such agreement, as the Central Government may, by order, direct. **19. Apportionment of assets and liabilities by agreement.—Where the States of Assam and** Meghalaya agree that the benefit or burden of any particular asset or liability should be apportioned between them in a manner other than that as provided for in the foregoing paragraphs of this Schedule, then, notwithstanding anything contained therein, the benefit or burden of that asset or liability shall be apportioned in the manner so agreed upon. **20. Power of Central Government to order allocation or adjustment in certain cases.—Where,** by virtue of any of the provisions of this Schedule, the State of Assam or the State of Meghalaya is entitled to any property, or obtains any benefits or becomes subject to any liability, and the Central Government is of opinion, on a reference made to it within a period of three years from the appointed day by the State of Assam or the State of Meghalaya, as the case may be, that it is just and equitable that that property or those benefits should be transferred to one of the two States or shared between them, or that a contribution towards that liability should be made by either of the States, the said property or benefits shall be allocated in such manner, or the State of Meghalaya or the State of Assam shall make to the other State primarily subject to the liability such contribution in respect thereof, as the Central Government may, after consultation with the Government of Assam and the Government of Meghalaya, by order, determine. 48 ----- THE SEVENTH SCHEDULE [See section 60(1)] LIST OF INSTITUTIONS WHERE EXISTING FACILITIES SHALL BE CONTINUED 1. Assam Forest Training School, Jhalukbari. 2. Survey School for Mandals, Gauhati. 3. Assam Survey Training School, Gauhati. 4. Assam Co-operative Training Centre, Joysagar. 5. Grain Sevikas Training Centre, Jorhat. 6. Police Training College, Dergaon. 7. Forensic Science Laboratory, Gauhati. 8. Finger Print Bureau, Shillong. 9. Public Health Laboratory, Shillong. 10. Administrative Training School, Gauhati. 11. Reid Chest T. B. Hospital, Shillong. 12. Gauhati Medical College, Gauhati. 13. Assam Medical College, Dibrugarh. 14. Medical College, Silchar. 15. Pasteur Institute, Shillong. 16. State Malaria Institute, Shillong. 17. Ayurvedic College, Gauhati. 18. Mental Hospital, Tezpur. 19. Primary Health Centre, Chabua. 20. Assam Engineering College, Jhalukbari. 21. Jorhat Engineering College, Jorhat. 22. Assam Government Press, Shillong. Under the Agricultural 23. Assam Agricultural College. University, Jorhat 24. Assam Veterinary College. 49 ----- THE EIGHTH SCHEDULE [See section 71 (i)] AMENDMENTS TO THE SIXTH SCHEDULE TO THE CONSTITUTION 1. In the Sixth Schedule to the Constitution (hereinafter in this Schedule referred to as the Sixth Schedule), in the heading, for the word “Assam”, the words “the States of Assam and Meghalaya and in the Union territory of Mizoram” shall be substituted. 2. In paragraph 1 of the Sixth Schedule,— (i) in sub-paragraph (1), for the word and letter “Part A”, the words and figures “Parts I and II and in Part III” shall be substituted; (ii) in sub-paragraph (3),— (i) in clauses (a) and (b), for the word and letter “Part A”, the words “any of the Parts” shall be substituted; (ii) after the existing proviso, the following proviso shall be inserted, namely:— “Provided further that any order made by the Governor under this sub-paragraph may contain such incidental and consequential provisions (including any amendment of paragraph 20 and of any item in any of the Parts of the said table) as appear to the Governor to be necessary for giving effect to the provisions of the order.”. 3. In paragraph 3 of the Sixth Schedule, in the proviso to clause (a) of sub-paragraph (1), for the words “by the Government of Assam or the Government of Meghalaya”, the words “by the Government of the State concerned” shall be substituted. 4. In paragraph 4 of the Sixth Schedule,— (i) in sub-paragraph (3), the words “of Assam” shall be omitted; (ii) in sub-paragraph (5), for the words “after consulting the Government of Assam or, as the case may be, the Government of Meghalaya”, the words “after consulting the Government of the State concerned” shall be substituted. 5. In paragraph 6 of the Sixth Schedule, in sub-paragraph (2), the words “of Assam or Meghalaya, as the case may be,” shall be omitted. 6. In paragraph 8 of the Sixth Schedule, in sub-paragraph (1), for the words “by the Government of Assam in assessing lands for the purpose of land revenue in the State of Assam generally”, the words “by the Government of the State in assessing lands for the purpose of land revenue in the State generally” shall be substituted. 7. In paragraph 9 of the Sixth Schedule, in sub-paragraph (1), for the words “the Government of Assam”, in both the places where they occur, the words “the Government of the State” shall be substituted. 8. In paragraph 12 of the Sixth Schedule,— (i) for the heading, the following heading shall be substituted, namely:— “Application of Acts of Parliament and of the Legislature of the State of Assam to autonomous districts and autonomous regions in the State of Assam.”; (ii) in sub-paragraph (1), — (a) in clause (a), for the words “Legislature of the State”, in both the places where they occur, the words “Legislature of the State of Assam” shall be substituted and after the words “any autonomous district or autonomous region”, the words “in that State” shall be inserted; 50 ----- (b) in clause (b), for the words “Legislature of the State”, the words “Legislature of the State of Assam” shall be substituted and after the words “an autonomous district or an autonomous region”, the words “in that State” shall be inserted. 9. For paragraph 12A of the Sixth Schedule, the following paragraphs shall be substituted, namely:— **“12A. Application of Acts of Parliament and of the Legislature of the State of Meghalaya to** **autonomous districts and autonomous regions in the State of Meghalaya.—Notwithstanding** anything in this Constitution,— (a) if any provision of a law made by a District or Regional Council in the State of Meghalaya with respect to any matter specified in sub-paragraph (1) of paragraph 3 of this Schedule or if any provision of any regulation made by a District Council or a Regional Council in that State under paragraph 8 or paragraph 10 of this Schedule, is repugnant to any provision of a law made by the Legislature of the State of Meghalaya with respect to that matter, then, the law or regulation made by the District Council or, as the case may be, the Regional Council whether made before or after the law made by the Legislature of the State of Meghalaya, shall, to the extent of repugnancy, be void and the law made by the Legislature of the State of Meghalaya shall prevail; (b) the President may, with respect to any Act of Parliament, by notification, direct that it shall not apply to an autonomous district or an atonomous region in the State of Meghalaya, or shall apply to such district or region or any part thereof subject to such exceptions or modifications as he may specify in the notification and any such direction may be given so as to have retrospective effect. **12B. Application of Acts of Parliament and other Acts to autonomous districts and** **autonomous regions in the Union territory of Mizoram.-—Notwithstanding anything in this** Constitution, the President may with respect to any Act of Parliament and the Administrator may with respect to any other Act, by notification, direct that it shall not apply to an autonomous district or an autonomous region in the Union territory of Mizoram or shall apply to such district or region or any part thereof subject to such exceptions or modifications as he may specify in the notification and any such direction may be given so as to have retrospective effect”. 10. In paragraph 13 of the Sixth Schedule, the words “of Assam” shall be omitted. 11. In paragraph 14 of the Sixth Schedule, in sub-paragraph (2), for the words “the Government of Assam”, the words “the Government of the State” shall be substituted. 12. In paragraph 17 of the Sixth Schedule, for the words “the Legislative Assembly of Assam”, the words “the Legislative Assembly of Assam or Meghalaya” shall be substituted and after the words “autonomous district”, the words “in the State of Assam or Meghalaya, as the case may be,” shall be inserted. 13. Paragraph 18 of the Sixth Schedule shall be omitted. 14. For paragraphs 20 and 20A of the Sixth Schedule, the following paragraphs shall be substituted, namely:— “20. Tribal areas.—(1) The areas specified in Parts I, II and III of the table below shall respectively be the tribal areas within the State of Assam, the State of Meghalaya and the Union territory of Mizoram. (2) Any reference in the table below to any district shall be construed as a reference to the territories comprised within the autonomous district of that name existing immediately before the day appointed under clause (b) of section 2 of the North-Eastern Areas (Reorganisation) Act, 1971: Provided that for the purposes of clauses (e) and (f) of sub-paragraph (1) of paragraph 3, paragraph 4, paragraph 5, paragraph 6, sub-paragraph (2), clauses (a), (b) and (d) of sub-paragraph (3) and sub-paragraph (4) of paragraph 8 and clause (d) of sub-paragraph (2) of 51 ----- paragraph 10 of this Schedule, no part of the area comprised within the Municipality of Shillong shall be deemed to be within the United Khasi-Jaintia Hills District. TABLE PART I 1. The North Cachar Hills District. 2. The Mikir Hills District. PART II 1. The United Khasi-Jaintia Hills District. 2. The Jowai District. 3. The Garo Hills District. PART III The Mizo District. **20A. Interpretation.—Subject to any express provision made in this behalf, the provisions of** this Schedule shall, in their application to the Union territory of Mizoram, have effect— (1) as if references to the Governor and Government of the State were references to the Administrator of the Union territory appointed under Article 239 and references to State (except in the expression “Government of the State”) were references to the Union territory of Mizoram; (2) as if— (a) in sub-paragraph (3) of paragraph 1,— (i) after clause (g), the following clause had been inserted, namely:— “(h) divide any autonomous region into two or more autonomous regions and define the boundaries thereof”; (ii) the first proviso had been omitted; (b) in sub-paragraph (5) of paragraph 4 the provisions for consultation with the Government of the State concerned had been omitted; (c) in sub-paragraph (2) of paragraph 9, the words “in his discretion” had been omitted; (d) paragraph 13 had been omitted; (e) sub-paragraphs (2) and (3) of paragraph 14 had been omitted; (f) sub-paragraph (2) (including the proviso thereto) of paragraph 15 had been omitted; (g) in paragraph 16,— (i) in sub-paragraph (1), in clause (b), the words “subject to the previous approval of the Legislature of the State” and the second proviso to that sub-paragraph had been omitted; (ii) sub-paragraph (3) had been omitted.’ 52 ----- THE NINTH SCHEDULE [See section 76(a)] AMENDMENTS TO THE MANIPUR (COURTS) ACT, 1955 In the Manipur (Courts) Act, 1955 (56 of 1955),— (i) throughout the Act, save as otherwise expressly provided,— (a) for the words “Chief Commissioner”, the words “State Government” shall be substituted, and for the words, “Judicial Commissioner” or “Court of the Judicial Commissioner”, the words “High Court” shall be substituted, and such consequential amendments, as the rules of grammar may require, shall be made; (b) for the words “Union territory of Manipur”, the words “State of Manipur” shall be substituted; (ii) in the long title, the words “a Judicial Commissioner's Court and other” shall be omitted; (iii) in section 2,— (a) clause (i) shall be omitted; (b) after clause (iii), the following clause shall be inserted, namely:— (iiia) “High Court” means the Gauhati High Court (the High Court of Assam, Nagaland, Maghalaya, Manipur and Tripura);'; (iv) Chapter II shall be omitted; (v) in section 16, the words “the Court of the Judicial Commissioner and” shall be omitted; (vi) in section 17,— (a) the brackets and figure “(1)” shall be omitted; (b) sub-section (2) shall be omitted; (vii) in section18, for sub-section (1), the following sub-section shall be substituted, namely:— “(1) When the business pending before the court of a district judge requires the aid of an additional district judge for its speedy disposal, one or more additional district judges may be appointed.”; (viii) section 19 shall be omitted; (ix) for section 23, the following section shall be substituted, namely:— “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 State Government may, after consultation with the High Court, by notification in the Official Gazette, define. (2) When a subordinate judge is posted 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.”; (x) in section 25, sub-section (4) shall be omitted; (xi) sections 33, 34, 35 and 40 shall be omitted; (xii) in sub-section (1) of section 43, the words “the Court of the Judicial Commissioner and” shall be omitted; (xiii) section 46 shall be omitted. 53 ----- THE TENTH SCHEDULE [See section 76(b)] AMENDMENTS TO THE TRIPURA (COURTS) ORDER, 1950 In the Tripura (Courts) Order, 1950,— (i) throughout the Order, save as otherwise expressly provided, for the words “Chief Commissioner”, the words “State Government” shall be substituted, and for the words “Judicial Commissioner” or “Court of the Judicial Commissioner”, the words “High Court” shall be substituted, and such consequential amendments, as the rules of grammar may require, shall be made; (ii) in paragraph 2,— (a) clause (i) shall be omitted; (b) for clause (iii), the following clause shall be substituted, namely:— (iii) “High Court” means the Gauhati High Court (the High Court of Assam, Nagaland, Meghalaya, Manipur and Tripura); (iiia) “Tripura” means the State of Tripura; (iii) Chapter II shall be omitted; (iv) in paragraph 15, the words “the Court of the Judicial Commissioner and” shall be omitted; (v) in paragraph 16,— (a) the brackets and figure “(1)” shall be omitted; (b) sub-paragraph (2) shall be omitted; (vi) in paragraph 17, for sub-paragraph (1), the following sub-paragraph shall be substituted, namely:— “(1) When the business pending before the Court of a District Judge requires the aid of an Additional Judge or Judges for its speedy disposal, one or more Additional District Judges may be appointed.”; (vii) paragraph 18 shall be omitted; (viii) for paragraph 22, the following paragraph shall be substituted, namely:— “22. Local limits of jurisdiction of Courts of Subordinate Judges and Munsiffs.—(1) The local limits of the jurisdiction of the Court of a Subordinate Judge or Munsiff shall be such as the State Government may, after consultation with the High Court, by notification in the Official Gazette, define. (2) When a Subordinate Judge is posted to a district, the local limits of the district shall, in the absence of any directions to the contrary, be the local limits of his jurisdiction.” ; (ix) paragraph 31 shall be omitted; (x) for paragraph 32, the following paragraph shall be substituted, namely:— “32. Finality of appellate decrees of District Court.—Subject to the provisions of section 100 of the Code of Civil Procedure, 1908 (5 of 1908), an appellate decree of a District Court shall be final.”; (xi) paragraphs 33, 34, 35 and 41 shall be omitted; (xii) in sub-paragraph (1) of paragraph 42, the words “the Court of Judicial Commissioner and” shall be omitted. 54 -----

30-Dec-1971

84

The North-Eastern Council Act, 1971

https://www.indiacode.nic.in/bitstream/123456789/1580/2/A1971-84.pdf

central

# THE NORTH-EASTERN COUNCIL ACT, 1971 __________ ARRANGEMENT OF SECTIONS ________ SECTIONS 1. Short title and commencement. 2. Definitions. 3. Setting up and composition of the North-Eastern Council. 4. Functions of the Council. 5. Meetings of the Council. 6. Nomination of certain officers to attend the meetings of the Council. 7. Officers and staff of the Council. 8. Repeal. 1 ----- # THE NORTH-EASTERN COUNCIL ACT, 1971 ACT NO. 84 OF 1971 [30th December, 1971.] # An Act to provide for the setting up of a Council for the north-eastern areas of India to be called the North-Eastern Council and for matters connected therewith. BE it enacted by Parliament in the Twenty-second Year of the Republic of India as follows:— **1. Short title and commencement.—(1) This Act may be called the North-Eastern Council** Act, 1971. (2) It shall come into force on such date[1], being a date not earlier than the day appointed under clause (b) of section 2 of the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), as the Central Government may, by notification in the Official Gazette, appoint. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “Council” means the North-Eastern Council set up under section 3; 2[(b) “north-eastern area” means the area comprising the States of Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram,[3][Nagaland, Sikkim and Tripura]]; **3. Setting up and composition of the North-Eastern Council.—[4][(1) There shall be a Council to be** called the North-Eastern Council which shall consist of the following members, namely:— (i) the person or persons for the time being holding the office of the Governor of the States; (ii) the Chief Ministers of the States of Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim and Tripura: Provided that, if there is no Council of Ministers in any State referred to in clause (b), the President may nominate not more than one person to represent such State in the Council for so long as there is no Council of Ministers in such State; (iii) three members to be nominated by the President.] (2) Notwithstanding anything contained in sub-section (1), the President may, if he deems it necessary so to do, nominate a Union Minister to be a member of the Council. 5[(3) The President shall nominate the Chairman of the Council.] (4) The President may, if he deems it necessary so to do, nominate another member of the Council to act as Vice-Chairman of the Council. **4. Functions of the Council.—[6][(1) The Council shall function as a regional planning body for the** north-eastern area. (2) While formulating the regional plans for the north-eastern area, the Council shall give priority to schemes and projects which will benefit two or more States: Provided that in case or Sikkim, the Council shall formulate specific projects and schemes for that State including the review of implementation of such projects and schemes.] 1. 1stAugust, 1972, _vide_ notification No. G.S.R. 359(E), dated 25th July, 1972, _see_ Gazette of India, Extraordinary, Part II, sec. 3(i). 2. Subs. by Act 69 of 1986, s. 45, for clauses (b) and (c) (w.e.f. 20-2-1987). 3. Subs. by Act 68 of 2002, s. 2, for “Nagaland and Tripura” (w.e.f. 26-6-2003). 4. Subs. by s. 3, ibid., for sub-section (1) (w.e.f. 26-6-2003). 5. Subs. by s. 3, ibid., for sub-section (3) (w.e.f. 26-6-2003). 6. Subs. by s. 4, ibid., for sub-sections (1) and (2) (w.e.f. 26-6-2003). 2 ----- (3) The Council shall— (a) review, from time to time, the implementation of the projects and schemes included in the regional plan and recommend measures for effecting co-ordination among the Governments of the States concerned in the matter of implementation of such projects and schemes; (b) where a project or scheme is intended to benefit two or more States, recommend the manner in which,— (i) such project or scheme may be executed or implemented and managed or maintained; or (ii) the benefits therefrom may be shared; or (iii) the expenditure thereon may be incurred; 1* - - - (d) recommend to the Government of the State concerned or to the Central Government the undertaking of necessary surveys and investigation of projects in any State represented in the Council to facilitate consideration of the feasibility of including new projects in the regional plan. (4) The Council shall review from time to time the measures taken by the States represented in the Council for the maintenance of security and public order therein and recommend to the Governments of the States concerned further measures necessary in this regard. 2[(5) The Council shall have such power as may be delegated to it by the Central Government.] **5. Meetings of the Council.—(1) [3][The Council shall meet at least twice in a year at such times] 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 lay down from time to time. (2) The Chairman or in his absence the Vice-Chairman, if any, 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. (3) The proceedings of every meeting of the Council shall be forwarded to the Central Government and also to the Government of each State represented on the Council. **6. Nomination of certain officers to attend the meetings of the Council.—In order to assist the** Council in the discharge of its functions, each of the Ministries of the Central Government dealing with matters relating to Defence, Finance, Home Affairs [4][Planning and the Department of Development of North-Eastern Region] shall nominate an officer to attend the meetings of the Council. **7. Officers and staff of the Council.—(1) The Council shall have a secretarial staff consisting of a** Secretary, a Planning Adviser, a Financial Adviser and a Security Adviser and such other officers and employees as the Central Government may, by order, determine. (2) The secretarial staff of the Council shall function under the direction, supervision and control of the Chairman of the Council. (3) The office of the Council shall be located at such place as may be determined by the Council. (4) 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, shall be borne by the Central Government out of the moneys provided by Parliament for the purpose. **8. Repeal.—The North-Eastern Council Act, 1970 (26 of 1970) is hereby repealed.** 1. Clause (c) omitted by Act 68 of 2002, s. 4 (w.e.f. 26-6-2003). 2. Ins. by s. 4, ibid. (w.e.f. 26-6-2003). 3. Subs. by s. 5, ibid., for “The Council shall meet at such times” (w.e.f. 26-6-2003). 4. Subs. by s. 6, ibid., for “and Planning” (w.e.f. 26-6-2003). 3 -----

30-Dec-1971

82

The Delhi Sikh Gurdwaras Act, 1971

https://www.indiacode.nic.in/bitstream/123456789/1598/1/197182.pdf

central

# THE DELHI SIKH GURDWARAS ACT, 1971 _________ # ARRANGEMENT OF SECTIONS __________ PART I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. PART II THE COMMITTEE 3. Incorporation of the Committee. 4. Composition of the Committee. 5. Term of office. 6. Delimitation of wards. 7. Electoral roll. 8. Qualifications of elector. 9. Right to vote. 10. Qualifications of member. 11. Elections. 12. Publication of results. 13. Director Gurdwara Elections. 14. First meeting of the elected members. 15. First meeting of the Committee. 16. Election of office bearers. 16A. Power to convene another meeting for election of office-bearers. 17. Vacation, resignation and removal of members and office-bearers. 18. Fees and allowances of members. 19. Meetings of the Committee and the Executive Board. 20. Sub-committees. 21. Powers of the Executive Board and its office-bearers. 22. Validity of acts of Committee, Executive Board or sub-committees not to be questioned by reason of vacancy, etc. 23. Officers and other employees of the Committee. PART III POWERS AND FUNCTIONS OF THE COMMITTEE 24. Powers and functions of the Committee. PART IV GURDWARA FUND, ACCOUNTS AND AUDIT 25. Gurdwara Fund. 26. Prohibition regarding making of contributions for political purposes. 27. Budget. 28. Maintenance of accounts. 29. Audit of Accounts. ----- SECTIONS 30. Consideration of the auditor’s report by the Committee. PART V SETTLEMENT OF ELECTIONS AND OTHER DISPUTES 31. Election disputes, electoral offences etc. 32. Jurisdiction of District Court in other matters. 33. Appeals. PART VI MISCELANEOUS 34. Procedure for affiliation of local Gurdwaras. 35. Act not to affect rites and practices of Sikh religion. 36. Members, officers and other employees to be public servants. 37. Salary, etc., of the Director Gurdwara Elections to be defrayed out of the Consolidated Fund of India in the first instance. 38. Protection of action taken. 39. Power to make rules. 40. Power of Committee to make regulations. 41. Repeal and Saving. THE SCHEDULE. ----- # THE DELHI SIKH GURDWARAS ACT, 1971 # ACT NO. 82 OF 1971 [30th December, 1971.] # An Act to provide for the proper management of the Sikh Gurdwaras and Gurdwara property in Delhi and for matters connected therewith. BE it enacted by Parliament in the Twenty-second Year of the Republic of India as follows:— PART I PRELIMINARY **1. Short title, extent and commencement.—(1) This Act may be called the Delhi Sikh Gurdwaras** Act, 1971. (2) It extends to the whole of the Union territory of Delhi. (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) “appointed day” means the date on which this Act shall come into force; (b) “Board” means the Delhi Sikh Gurdwara Board constituted under section 3 of the Delhi Sikh Gurdwaras (Management) Act, 1971 (24 of 1971); (c) “Committee” means the Delhi Sikh Gurdwara Management Committee established under section 3; (d) “Delhi” means the Union territory of Delhi; (e) “Director Gurdwara Elections” means the Director Gurdwara Elections appointed by the Central Government under section 13; (f) “Gurdwaras” means the Sikh Gurdwaras situated in Delhi as were, immediately before the appointed day, being managed by or affiliated to the Board and includes such other local Gurdwaras as may, after the appointed day, be affiliated to or managed by the Committee; (g) “Gurdwara property” means,— (i) all movable and immovable property which, immediately before the appointed day, vested or was kept in deposit in the name of the Board; (ii) all property which stands in the name of the Gurdwaras or in the name of the Board or the present or old managers of the historic Gurdwaras; (iii) all offerings in cash or kind made in various Gurdwaras or institutions managed or controlled by the Committee; (iv) all property in cash or kind, movable as well as immovable that may be acquired by purchase, exchange or otherwise by the Gurdwaras, or the Committee, from time to time; (v) all grants, donations or contributions made, from time to time, by any person or authority to the Gurdwaras or the Committee, and includes any actionable claim with respect to such Gurdwara property; (h) “local Gurdwara” means a Gurdwara in Delhi, other than a Gurdwara under the control or management of the Board immediately before the appointed day; 1. 7th April, 1972, vide notification No. G.S.R. 241(E), dated 7th April, 1972, see Gazette of India, Extraordinary, Part II, sec. 3 (i). ----- (i) a person shall not be deemed to be “ordinarily resident” in a ward on the ground only that he owns or is in possession of a dwelling-house therein and a person absenting himself temporarily from his place of ordinary residence shall not by reason thereof cease to be ordinarily resident therein; (j) “patit” means a Sikh who trims or shaves his beard or hair (keshas) or who after taking Amrit commits any one or more of the four Kurahitis; (k) “registered Singh Sabha” means a Singh Sabha registered as a society under the Societies Registration Act, 1860 (21 of 1860), which is managing or controlling a local Gurdwara in Delhi; (l) “regulation” means a regulation made under this Act by the Committee; (m) “rule” means a rule made under this Act by the Central Government; (n) “Sikh” means a person who professes the Sikh religion, believes and follows the teachings of Sri Guru Granth Sahib and the ten Gurus only and keeps unshorn hair (Keshas). For the purposes of if any question arises as to whether any living person is or is not a Sikh, he shall be deemed respectively to be or not to be a Sikh according as he makes or refuses to make in the manner prescribed by rules the following declaration:— “I solemnly affirm that I am a Keshadhari Sikh, that I believe in and follow the teachings of Sri Guru Granth Sahib and the ten Gurus only, and that I have no other religion.”; (o) “Amritdhari Sikh” means and includes every Sikh who has taken Khande ka Amrit or Khanda _Pahul, prepared and administered according to the tenets of Sikh religion and rites at the hands of five_ _Pyaras or “beloved ones”._ PART II THE COMMITTEE **3. Incorporation of the Committee.—(1) With effect from such date as the Central Government** may, by notification in the Official Gazette, appoint, there shall be established a Committee to be called the Delhi Sikh Gurdwara Management Committee for the proper management and control of the Gurdwaras and Gurdwara property. (2) The Committee shall be a body corporate with the name aforesaid having perpetual succession and a common seal and shall by such name sue and be sued. (3) The Committee shall have its head office in Delhi. **4. Composition of the Committee.—The Committee shall consist of—** (a) forty-six members to be elected from various wards into which Delhi shall be divided in accordance with the provisions of this Act; (b) nine members to be co-opted by the elected members of the Committee referred to in clause (a) in the manner hereinafter appearing,— (i) two members to represent the registered Singh Sabhas of Delhi who shall be chosen by drawing of lots out of the Presidents of those registered Singh Sabhas; (ii) four members, each being the head priest of the (1) Sri Akal Takhat Sahib, Amritsar, (2) Sri Takhat Kesgarh Sahib, Anandpur, (3) Sri Takhat Patna Sahib, Patna, and (4) Sri Takhat Hazur Sahib, Nanded: Provided that the head priest shall have no right to vote for the purpose of election of office-bearers and other members of the Executive Board under sub-section (1) and sub-section (2) of section 16; (iii) one member, being the nominee of the Shromani Gurdwara Parbandhak Committee, Amritsar; (iv) two members to represent the Sikh community of Delhi, other than those referred to in sub-clause (i), sub-clause (ii) and sub-clause (iii), to be chosen in accordance with the system of proportional representation by means of a single transferable vote. ----- **5. Term of office.—(1) Save as otherwise provided in this section, the term of office of a member of** the Committee shall be four years and shall commence from the date on which the first meeting of the Committee is held under section 15, and no longer. (2) When a vacancy occurs in the Committee owing to death, resignation, removal or otherwise of a member, a new member shall be elected or co-opted, as the case may be, in the manner in which the member whose seat is to be filled was elected or co-opted and every such member shall continue to hold office so long only as the member in whose place he is elected or co-opted would have been entitled to hold office, if the vacancy had not occurred. (3) An outgoing member shall continue in office until the notification of election or co-option of his successor is published under section 12. **6. Delimitation of wards.—(1) For the purpose of election of members of the Committee, Delhi shall** be divided into single member wards. (2) The Director Gurdwara Elections shall by order determine— (a) the number of wards; and (b) the extent of each ward. (3) The Director Gurdwara Elections may, from time to time, in consultation with the Committee, alter or amend any order made under sub-section (2). **7. Electoral roll.—(1) An electoral roll shall be prepared in such manner as may be prescribed by** rules for every ward notified under section 6 on which shall be entered the names of all persons entitled to be registered as voters in that ward. (2) No person shall be entitled to be registered in the electoral roll for any ward more than once. (3) No person shall be entitled to be registered in the electoral roll for more than one ward. **8. Qualifications of elector.—Every person who—** (a) has been ordinarily resident in a ward for not less than one hundred and eighty days during the qualifying period, (b) is a Sikh of not less than twenty-one years of age on the qualifying date, shall be entitled to be registered in the electoral roll for that ward: Provided that no person shall be registered as an elector who— (a) trims or shaves his beard or keshas; (b) smokes; (c) takes alcoholic drinks. _Explanation.—For the purpose of this section, the “qualifying date” and the “qualifying period”—_ (i) in the case of electoral rolls first prepared under this Act, shall be the 1st day of January, 1972, and the period beginning on the 1st day of January, 1971 and ending on the 31st day of December, 1971, respectively; and (ii) in the case of every electoral roll subsequently prepared under this Act, shall be the 1st day of January of the year in which it is prepared and the year immediately preceding that year respectively. **9. Right to vote.—Every person registered on the electoral roll for the time being in force for any** ward for the election of a member of the Committee, shall be entitled while so registered to vote at an election of a member for that ward, provided that no person shall be entitled to vote at an election in more than one ward. **10. Qualifications of member.—(1) A person shall not be qualified to be chosen or co-opted as a** member of the Committee if such person— # (a) has not attained the age of twenty-five years; ----- (b) is not a citizen of India; (c) in the case of an elected member, if he is not registered as an elector in the electoral roll for any ward; (d) is not an Amritdhari Sikh; (e) being an Amritdhari Sikh, trims or shaves his beard or keshas; (f) takes alcoholic drinks; (g) smokes; (h) is a patit; (i) is of unsound mind and stands so declared by a competent court; (j) is an undischarged insolvent; (k) has been convicted of an offence involving moral turpitude or has been dismissed from service by Government, Board, Committee or any local authority, on account of moral turpitude; (l) is a paid servant of any Gurdwara or a local Gurdwara; (m) not being a blind person cannot [1][read and write] Gurmukhi. _Explanation.—A person shall be deemed to—_ (i) be able to read Gurmukhi if he is able to recite Sri Guru Granth Sahib, in Gurmukhi, and (ii) write Gurmukhi if he fills his nomination paper for election to the Committee in Gurmukhi in his own handwriting. If any question arises whether a candidate is or is not able to read and write Gurmukhi, the question shall be decided in such manner as may be [2][prescribed by rules]. (2) If a person sits or votes as a member of the Committee when he knows that he is not qualified for such membership, he shall be liable in respect of each day on which he so sits or votes to a penalty of three hundred rupees which shall be recoverable as an arrear of land revenue. **11. Elections.—Election of members under clause (a) of section 4 whether for the purpose of initial** constitution of the Committee under section 3, or for filling vacancies arising by efflux of time or a casual vacancy, shall be conducted by the Director Gurdwara Elections in accordance with the rules made in this behalf: Provided that no election shall be held to fill a casual vacancy occurring within four months prior to the holding of a general election under this section. **12. Publication of results.—(1) The names of all persons elected as members of the Committee** shall, as soon as may be, after such election be published by the Director Gurdwara Elections in the manner prescribed by rules. (2) The names of all persons co-opted as members under clause (b) of section 4 shall likewise be published by the Director Gurdwara Elections in the manner prescribed by rules. **13. Director Gurdwara Elections.—(1) The Central Government may, by notification in the Official** Gazette, appoint a suitable person to be the Director Gurdwara Elections in whom shall vest the superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, elections of members of the Committee. (2) A person shall not be qualified for appointment as Director Gurdwara Elections unless he is a citizen of India and possesses judicial or administrative experience for a period of not less than ten years. 1. Subs. by Act 46 of 1974, s. 2, for “read or write” (w.e.f. 23-9-1974). 2. Subs. by s. 2, ibid., for “prescribed by regulations” (w.e.f. 23-9-1974). ----- (3) Subject to the provisions of section 37, the term of office, and the terms and conditions of service of the Director Gurdwara Elections shall be such as may be prescribed by rules. **14. First meeting of the elected members.—(1) The persons to be co-opted as members of the** Committee under clause (b), of section 4 shall be chosen at the first meeting of the elected members which shall be convened by the Director Gurdwara Elections as early as possible and not later than fifteen days after publication of the results of the election under sub-section (1) of section 12. (2) The Director Gurdwara Elections may adjourn the first meeting of the elected members to any other date or dates, being not later than fifteen days from the date of the first meeting aforesaid, if the elected members are unable to choose all persons to be co-opted at that first meeting. **15. First meeting of the Committee.—(1) The Director Gurdwara Elections shall summon the first** meeting of the Committee to meet on such date, not being later than fifteen days after the publication of the names of the members co-opted under sub-section (2) of section 12, as he thinks fit. (2) The first meeting shall be held at such time and place as the Director Gurdwara Elections may appoint and shall be presided by him: Provided that while so presiding at the meeting of the Committee, the Director Gurdwara Elections shall have no right to vote. (3) Every member of the Committee shall, before taking his seat make and subscribe before the Director Gurdwara Elections an oath according to the form set out for the purpose in the Schedule. (4) The members of the Committee shall proceed thereafter to elect from amongst themselves a _pro tempore Chairman in such manner as may be prescribed by rules, who shall preside at the meeting_ until the Committee elects the President. **16. Election of office bearers.—(1) The Committee shall, at its first meeting after the election of the** _pro tempore Chairman under sub-section (4) of section 15, elect from amongst its members a President,_ who shall conduct the election of other office-bearers and members of the Executive Board under this section. (2) The Committee shall also at its first meeting elect from amongst its members a Senior Vice-President, Junior Vice-President, General Secretary and a Joint Secretary (hereinafter referred to as office-bearers of the Committee), and shall also at the same meeting in like manner elect ten of its members to be members of the Executive Board of the Committee, and the office-bearers and members so elected shall be the Executive Board of the Committee. 1* - - - (4) No member of the Committee shall, at the same time, hold any of the offices referred to in sub-section (1) or sub-section (2) in more than one capacity. (5) The President and other members of the Executive Board elected under sub-section (1) or sub-section (2) shall hold office for a term of one year but shall be eligible for re-election for one more term only: Provided that an outgoing office-bearer or member shall continue in office until election of his successor is held. (6) The election of the President and other office-bearers and members of the Executive Board under sub-section (1) or sub-section (2) or any subsequent annual election to any of those offices shall be held in such manner as may be prescribed by rules. (7) The provisions of sub-section (2) of section 5 shall apply so far as may be to the filling of a casual vacancy in the [2][office of the President, any other office-bearer or member of the Executive Board] as they apply in relation to casual vacancies in the membership of the Committee. 1. Sub-section (3) omitted by Act 6 of 1981, s. 2 (w.e.f. 21-1-1961). 2. Subs. by Act 46 of 1974, s. 3, for “membership of the Executive Board” (w.e.f. 23-9-1974). ----- 1[16A. Power to convene another meeting for election of office-bearers.—If the Committee at its first meeting is unable to elect a _pro tempore Chairman or a President or any other office-bearer or_ member of the Executive Board under sub-section (4) of section 15 or sub-section (1) or sub-section (2) of section 16, the Director Gurdwara Elections shall summon another meeting of the Committee, being not later than fifteen days from the date of the first meeting, for the election of the pro tempore Chairman, the President or the remaining office-bearers or members of the Executive Board, as the case may be. (2) The provisions of sections 15 and 16 shall, so far as may be, apply to the conduct of election under sub-section (1).] **17. Vacation, resignation and removal of members and office-bearers.—(1) A member of the** Committee may resign his office by writing under his hand addressed to the President. (2) An office-bearer or any other member of the Executive Board— (a) shall vacate his office if he ceases to be a member of the Committee; (b) may at any time by writing under his hand addressed to the Committee resign his office; and (c) may be removed from his office by a resolution of the Committee passed by a three-fourth majority of the total members thereof: Provided that no resolution for the purpose of clause (c) shall be moved unless it is supported by not less than seventeen members of the Committee and fourteen days’ notice has been given of their intention to move the resolution. (3) The resignation of office under sub-section (1) or clause (b) of sub-section (2) shall be effective from the date from which it is accepted by the Executive Board or the Committee, as the case may be. **18. Fees and allowances of members.—Any office-bearer or other member of the Executive Board** or any other member of the Committee may, if he so desires, draw such fees and allowances for attending the meetings of the Executive Board or the Committee and for attending to any other work of the Executive Board or the Committee, as the case may be, as may be prescribed by regulations. **19. Meetings of the Committee and the Executive Board.—(1) The annual general meeting of the** Committee shall be held in every year. (2) The Executive Board shall meet at least once in every fortnight or at such intervals as may be prescribed by regulations. (3) The President, or in his absence the Senior Vice-President and in the absence of both, the Junior Vice-President, and in the absence of all the three, any other member elected from amongst themselves shall preside at any meeting of the Committee or of the Executive Board. (4) The Committee or the Executive Board shall observe such rules of procedure in regard to transaction of the business at its meetings as may be prescribed by regulations. (5) Save as otherwise provided, all questions which come up before any meeting of the Committee or the Executive Board shall be decided by a majority of votes of the members present and voting and in the event of equality of votes, the person presiding shall have a second or casting vote. (6) All proceedings of the meetings of the Committee or the Executive Board shall be recorded in Punjabi in Gurmukhi script. **20. Sub-committees.—(1) The Executive Board may constitute such number of sub-committees from** amongst the members of the Committee as it thinks fit and for such purpose as it may decide. (2) A sub-committee constituted under sub-section (1) shall meet at such time and places and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed by regulations. 1. Ins. by Act 46 of 1974, s. 4 (w.e.f. 23-9-1974). ----- (3) A member of a sub-committee may, if he so desires, draw such fees and allowances for attending its meetings and for attending to any other work of the sub-committee, as may be prescribed by regulations. **21. Powers of the Executive Board and its office-bearers.—(1) The Executive Board shall exercise** on behalf of the Committee all powers conferred on the Committee by the provisions of this Act which are not expressly reserved to be exercised by the Committee in general meeting. (2) The President or any other office-bearer of the Executive Board may exercise such powers and perform such duties as may be prescribed by regulations or as may, from time to time, be delegated by the Executive Board. (3) Notwithstanding anything contained in sub-section (1) or sub-section (2), the President may, on his own motion or otherwise, after calling the record of any case, revise any order passed by any authority to whom such powers have been delegated by the Executive Board and— (i) confirm, modify or set aside the order, (ii) impose any penalty or set aside, reduce, confirm or enhance the penalty imposed upon any employee of the Committee, (iii) remit the case to the authority which made the order or to any other authority directing such further action or inquiry as considered proper in the circumstances of the case, or (iv) pass such other orders as he deems fit. (4) No order passed by the President under sub-section (3) shall be enforced unless and until it is confirmed by the Executive Board. **22. Validity of acts of Committee, Executive Board or sub-committees not to be questioned by** **reason of vacancy, etc.—No act or proceeding of the Committee or the Executive Board or any** sub-committee shall be invalidated by reason only of the existence of any vacancy amongst its members or any defect in the constitution thereof. **23. Officers and other employees of the Committee.—(1) The Committee may appoint such** number of officers and other employees as it considers necessary for the efficient performance of its functions, and may, from time to time, determine the number, designations, grades and scales of pay or other remuneration of the officers and other employees, and may at any time reduce, suspend, remove or dismiss or impose any other penalty on any officer or other employee for carelessness, unfitness, neglect of duty or other misconduct. (2) The officers and other employees appointed under sub-section (1) shall exercise such powers and perform such duties as may be prescribed by regulations or as may, from time to time, be delegated by the Committee. (3) The terms and conditions of service of the officers and other employees shall be such as may be prescribed by regulations. # PART III POWERS AND FUNCTIONS OF THE COMMITTEE **24. Powers and functions of the Committee.—Subject to the provisions of this Act and the rules** made thereunder, the control, direction and general superintendence over all the Gurdwaras and Gurdwara property in Delhi shall vest in the Committee, and it shall be the duty of the Committee— (i) to arrange for the proper performance of the religious rites and ceremonies in the Gurdwaras, (ii) to provide facilities for worship by the devotees at the Gurdwaras, (iii) to ensure safe custody of its funds, movable and immovable properties, deposits, offerings in cash or kind, (iv) to do all such things as may be incidental and conducive to the efficient management of the affairs of Gurdwaras, educational and other institutions under the Committee and their properties or to the convenience of devotees, ----- (v) to provide suitable accommodation and facilities for pilgrims, (vi) to maintain free langars, (vii) to manage the historic and other Gurdwaras, educational and other institutions and their properties in such a way as to make them inspiring centres of the Sikh tradition, culture and religion, (viii) to ensure maintenance of order, discipline and proper hygienic conditions in Gurdwaras, educational and other institutions under its management, (ix) to open free dispensaries, (x) to spread education, especially the knowledge of Punjabi, in Gurmukhi script, (xi) to establish educational institutions, research centres and libraries. (xii) to render financial assistance to religious and educational institutions, societies and needy persons, (xiii) to give stipends to needy and deserving students, (xiv) to render help in the case of the uplift of the Sikh community and propagation of Sikh religion, (xv) to perform such other functions and to do such religious or charitable acts, as may be prescribed by regulations for carrying out the purposes of this Act. PART IV GURDWARA FUND, ACCOUNTS AND AUDIT **25. Gurdwara Fund.—(1) There shall be a Gurdwara Fund and all receipts and income of the** Gurdwaras and of the Gurdwara property (including all amounts comprised for the time being in Gurdwara property) shall be credited thereto. (2) The Gurdwara Fund shall be held by the Committee in trust for the purposes of this Act subject to the provisions herein contained and shall not be utilised for any purpose other than the one authorised by this Act or the rules or regulations made thereunder. (3) All expenses incurred or payments or disbursements to be made, by the Committee in the discharge of its functions under this Act shall be made from the Gurdwara Fund. **26. Prohibition regarding making of contributions for political purposes.—Nothing contained in** this Act shall, or shall be deemed to authorise the Committee to contribute any amount or amounts— (a) to any political party, or (b) for the benefit of any political party, or (c) for any political purpose to any individual or body. **27. Budget.—(1) In respect of every financial year, budget (annual financial statement) of the** estimated receipts and expenditure of the Committee for the year shall be placed before the Committee and duly passed. (2) No moneys out of the Gurdwara Fund shall be appropriated except as passed and approved by the Committee. **28. Maintenance of accounts.—(1) The Committee shall maintain proper accounts showing receipts** on account of and expenditure out of Gurdwara Fund. (2) At the end of each calendar month, a statement of income and expenditure relating to that month shall be prepared and placed before the Committee and it shall be pasted at prominent places outside all Gurdwaras; and a consolidated annual statement, showing income and expenditure relating to a financial year shall likewise be prepared and placed before the Committee and outside the Gurdwaras at the end of each financial year. ----- **29. Audit of Accounts.—(1) The accounts of the Committee including those of the Gurdwaras, and** Gurdwara property including educational and other charitable institutions administered by the Committee, shall be audited by one or more auditors duly qualified to act as auditor under sub-section (1) of section 226 of the Companies Act, 1956 (1 of 1956) (hereinafter referred to as the auditor), who shall be appointed by the Committee within sixty days of the close of every financial year and shall receive such remuneration as the Committee may fix: Provided that the first appointment of auditors shall be made by the Committee within sixty days from the date of its first meeting held under section 15. (2) For the purpose of any such audit and examination of accounts the auditors may, by a demand in writing, require from the Committee or any office-bearer or member or employee of the Committee or any Gurdwara, educational or other institution of the Committee, the production before him of all books, deeds, vouchers and all other documents and papers which he deems necessary, and may require any person holding or accountable for any such books, deeds, vouchers, documents and papers to appear before him at any audit and examination, to answer all questions which may be put to him with respect to the same or to prepare and submit any further statement which such auditor may consider necessary. (3) Within thirty days after the audit and examination have been completed, the auditor shall submit a report to the Committee upon each account audited and examined. (4) The audit report shall be published in, at least two daily papers of Delhi (one in English and one in Punjabi) as well as in Gurdwara Journal, if any, within thirty days of its receipt. (5) The report of the auditor shall, among other matters, specify all items of expenditure which in his opinion are illegal, irregular or improper, all cases of failure of recoveries of money or property due to the Committee, all instances of loss or wasteful expenditure of money or property due to negligence or misconduct and all instances in which any money or property has been devoted to any purpose not authorised by this Act. **30. Consideration of the auditor’s report by the Committee.—The Committee, in meeting next** following the date of receipt of the auditor’s report, shall consider such report and satisfy itself that no expenditure shown therein has been incurred otherwise than in accordance with the provisions of this Act and shall pass such orders as are, in its opinion, necessary and proper to rectify the illegal, unauthorised or improper expenditure and may also pass such further orders upon the report, as it may deem proper: Provided that if the next meeting falls on a day earlier than two months after the receipt of the report it may be considered in the meeting next following which shall be convened before the expiry of a period of three months from the date of receipt of the said report. PART V SETTLEMENT OF ELECTIONS AND OTHER DISPUTES **31. Election disputes, electoral offences, etc.—The provisions of sections 15, 16, 17, 18, 19, 20, 22,** 23, 24, 25, 27, 28, 29 and 30 of the Delhi Municipal Corporation Act, 1957 (66 of 1957), shall _mutatis_ _mutandis apply, subject to such modifications as the Central Government may by order direct, in relation_ to settlement of disputes regarding elections, corrupt practices and electoral offences in respect of election or co-option of members of the Committee. **32. Jurisdiction of District Court in other matters.—The Court of the District Judge in Delhi shall** also have jurisdiction in respect of the following matters, namely:— 1* - - - (c) Petitions regarding complaints, irregularities, breach of trust, mismanagement in any Gurdwara, educational or other institutions against any member, office-bearer or officer or other employee of the Committee. (d) Petitions arising out of any type of disputes between the Committee and its employees including past employees. 1. Clauses (a) and (b) omitted by Act 46 of 1974, s. 5 (w.e.f. 23-9-1974). ----- (e) Applications regarding failure of publication of, or non-implementation or non-clearance of the objections raised in, any annual report of the auditors of the Committee. **33. Appeals.—(1) Any person aggrieved by an order passed by the District Judge may, within sixty** days of the order, prefer an appeal to the High Court at Delhi and the orders of the High Court on such appeal shall be final and conclusive. (2) The provisions of sections 5 and 12 of the Limitation Act, 1963 (36 of 1963), shall, so far as may be, apply to appeals under this section. PART VI MISCELANEOUS **34. Procedure for affiliation of local Gurdwaras.—(1) A registered Singh Sabha may, in relation to** any local Gurdwara under its control, decide by a resolution adopted by three-fourth majority of its total membership for affiliating that local Gurdwara to the Committee and if the Committee consents thereto, the said local Gurdwara shall be deemed to be affiliated to the Committee. (2) All assets and liabilities of the local Gurdwara so affiliated and of the registered Singh Sabha shall thereafter vest in the Committee. **35. Act not to affect rites and practices of Sikh religion.—Nothing contained in this Act or any** other law for the time being in force shall— (a) save as otherwise expressly provided in this Act or the rules or regulations made thereunder, affect any honour, emolument or perquisite to which any person is entitled by custom or otherwise in any Gurdwara; (b) authorise any interference with the religious or spiritual functions performed in any Gurdwara. **36. Members, officers and other employees to be public servants.—Every member of the** Committee, the Executive Board, or any sub-committee, the Director Gurdwara Elections and every other officer and employee 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). **37. Salary, etc., of the Director Gurdwara Elections to be defrayed out of the Consolidated** **Fund of India in the first instance.—(1) The salaries and allowances payable to the Director Gurdwara** Elections or to the officers and other employees engaged for the conduct of elections to the Committee, shall be defrayed out of the Consolidated Fund of India in the first instance, but shall be recoverable from the Committee by debit to the Gurdwara Fund after the close of each financial year. (2) Any sum due to the Central Government under sub-section (1) shall, if not paid within three months after the demand has been made, be recoverable as arrears of land revenue. **38. Protection of action taken.—No suit, prosecution or other legal proceedings shall lie against any** member of the Committee, the Executive Board or any sub-committee, the Director Gurdwara Elections or any other officer or employee of the Committee for anything which is in good faith done or intended to be done under this Act or any rule or regulation made thereunder. **39. 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 or regulate all or any of the following matters, namely:— (a) the manner in which a declaration for the purpose of clause (n) of section 2 shall be made; 1[(aa) the manner and the criterion for deciding whether a candidate for election as a member of the Committee is able to read and write Gurmukhi;] 1. Ins. by Act 46 of 1974, s. 6 (w.e.f. 23-9-1974). ----- (b) the particulars to be entered in the electoral rolls; (c) the preliminary publication of electoral rolls; (d) the manner in which and the time within which claims and objections as to entries in electoral rolls may be preferred; (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; (h) the revision and correction of electoral rolls and inclusion of names therein; (i) the appointment of returning officers, assistant returning Officers, Presiding officers and polling officers for the conduct of elections; (j) the nomination of candidates, form of nomination papers, objections to nominations and scrutiny of nominations; (k) the deposits to be made by candidates, time and manner of making such deposits and the circumstances under which such deposits may be refunded to candidates or forfeited to the Committee; (l) the withdrawal of candidatures; (m) the appointment of agents of candidates; (n) the procedure in contested and uncontested elections; (o) the date, time and place for poll and other matters relating to the conduct of elections including— (i) the appointment of polling stations for each ward, (ii) the hours during which the polling station shall be kept open for the casting of votes, (iii) the printing and issue of ballot papers, (iv) the checking of voters by reference to the electoral roll, (v) the marking with indelible ink of the left forefinger or any other finger or limb of the voter and prohibition of the delivery of any ballot paper to any person if at the time such person applies for such paper he has already such mark so as to prevent personation of voters, (vi) the manner in which votes are to be given and in particular in the case of illiterate voters or of voters under physical or other disability, (vii) the procedure to be followed in respect of challenging votes and tendered votes, (viii) the scrutiny of votes, counting of votes, the declaration of the results and the procedure in case of equality of votes or in the event of a member being elected to represent more than one ward, (ix) the custody and disposal of papers relating to elections, (x) the suspension of polls in case of any interruption by riot, violence or any other sufficient cause and the holding of a fresh poll, (xi) the holding of a fresh poll in the case of destruction of, or tampering with, ballot boxes before the count, (xii) the countermanding of the poll in the case of the death of a candidate before the poll; (p) the fee to be paid on an election petition; (q) the terms and conditions of service of the Director Gurdwara Elections; ----- (r) the procedure for the election of _pro tempore Chairman under sub-section (4) of section 15,_ and of the President and other office-bearers and members of the Executive Board under section 16; (s) any other matter in respect of which the Central Government deems it necessary to make rules under this section or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary; (t) the manner in which results of election or co-option of members of the Committee shall be published, or the orders made under the rules shall be widely made known by affixing copies thereof in conspicuous public places, by publishing the same by beat of drum or by advertisement in local newspapers. (3) In making any rule under this section the Central Government may provide that any contravention thereof shall be punishable with imprisonment for a term which may extend to six months or with fine or with both. (4) All rules made under this section shall be laid, as soon as may be, after they are 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 [1][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 rules or both Houses agree that the rules should not be made, the rules shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under those rules. **40. Power of Committee to make regulations.—(1) The Committee may make regulations not** inconsistent with the provisions of this Act or the rules made thereunder for carrying out its functions under this Act. (2) In particular, and without prejudice to the generality of the foregoing powers, such regulations may provide for all or any of the following matters, namely:— 2* - - - (b) fees and allowances to which office-bearers and other members of the Executive Board or other members of the Committee or of a sub-committee shall be entitled for attending meetings or any other work of the Executive Board, Committee or sub-committee respectively; (c) the periods of interval at which meetings of the Executive Board shall be held, the manner in which meetings of the Committee or the Executive Board or any sub-committee shall be convened, the quorum for the transaction of business thereat and the rules of procedure to be followed for transaction of business at meetings of the Committee, the Executive Board or any sub-committee; (d) the manner in which a majority decision of the Executive Board shall be obtained by circulation to its office-bearers and members of any matter requiring decision; (e) the matters in respect of which powers may be exercised or duties performed by the President or other office-bearers of the Executive Board or by any officer or other employee of the Committee; (f) the terms and conditions of service of officers and other employees of the Committee including recruitment, transfer, fixation of seniority, promotion of, and disciplinary action or punishment against, such officers and other employees; (g) any other functions or religious or charitable acts which, in addition to those specified in section 24, may be performed or done by the Committee, and the conditions and restrictions subject to which those functions or acts shall be performed or done; (h) the manner in which cash or other moneys of the Gurdwara Fund shall be deposited or invested; (i) the form in which the budget of the Committee shall be presented; 1. Subs. by Act 46 of 1974, s. 6, for certain words (w.e.f. 23-9-1974). 2. Clause (a) omitted by s. 7, ibid. (w.e.f. 23-9-1974). ----- (j) the form in which the accounts of the Committee shall be maintained and the publication of such accounts; (k) the manner in which any regulations or orders made thereunder shall be published or widely made known by affixing copies thereof in conspicuous public places, by publishing the same by beat of drum or by advertisement in local newspapers; (l) any other matter which has to be, or may be, prescribed. 1[(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.] **41. Repeal and Saving.—(1) As from the date of the establishment of the Committee, the Delhi Sikh** Gurdwaras (Management) Act, 1971 (24 of 1971), shall stand repealed. (2) Notwithstanding such repeal,— (a) any appointment, notification, order or rule made or issued under the said Act shall, in so far as it is not inconsistent with the provisions of this Act, continue in force and be deemed to have been made or issued under the provisions of this Act unless and until it is superseded by any appointment, notification, order or rule made or issued under the said provisions; (b) all budget estimates made, all obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the Delhi Sikh Gurdwara Board shall be deemed to have been made, incurred, entered into or engaged to be done by, with or for the Committee under the provisions of this Act; (c) all Gurdwara property, movable and immovable and all interests of whatsoever nature and kind therein vested in, belonging or due to, the Delhi Sikh Gurdwara Board, immediately before such establishment, shall, with all rights, powers and privileges of whatsoever description, used, enjoyed or possessed by the Board, vest in the Committee; (d) all sums of money including rents due to the Board immediately before such establishment shall be deemed to be due to the Committee; (e) all suits and other legal proceedings instituted or which might have been instituted by or against the Delhi Sikh Gurdwara Board may be continued or instituted by or against the Committee; (f) any will deed or other instrument which contains any bequest, gifts or trusts in favour of the Board shall as from such establishment, be construed as if the Committee were therein named instead of the said Board. 1. Ins. by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986). ----- THE SCHEDULE [See section 15(3)] FORM OF OATH I, AB, having been elected (or co-opted) a member of the Delhi Sikh Gurdwara Management Committee do swear in the presence of Sri Guru Granth Sahib that I will faithfully, honestly and conscientiously discharge the duty upon which I am about to enter in the best interest of the Sikh religion. -----

20-Apr-1972

13

The Marine Products Export Development Authority Act, 1972

https://www.indiacode.nic.in/bitstream/123456789/1665/7/A1972-13.pdf

central

# THE MARINE PRODUCTS EXPORT DEVELOPMENT AUTHORITY ACT, 1972 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 MARINE PRODUCTS EXPORT DEVELOPMENT AUTHORITY 4. Establishment and constitution of the Authority. 5. Acts or proceedings of Authority or its Committees not to be invalidated. 6. Salary and allowances of Chairman. 7. Executive officers of the Authority and other staff. 8. Committees of the Authority. 9. Functions of the Authority. 10. Dissolution of the Authority. CHAPTER III REGISTRATION 11. Registration of fishing vessel, processing plant, etc. 12. Application, cancellation, fee payable and other matters relating to registration. 13. Returns to be made by owners. CHAPTER IV FINANCE, ACCOUNTS AND AUDIT 14. [Repealed.]. 15. [Repealed.]. 16. Grants and loans by the Central Government. 17. Constitution of the Fund. 18. Borrowing powers of the Authority. 19. Accounts and audit. CHAPTER V CONTROL BY CENTRAL GOVERNMENT 20. Power to prohibit or control imports and exports of marine products. 21. Directions by Central Government. 22. Returns and reports. 1 ----- CHAPTER VI MISCELLANEOUS SECTIONS 23. Penalty for making false returns. 24. Penalties for obstructing a member or officer of the Authority in the discharge of his duties and for failure to produce books and records. 25. Other penalties. 25A. Adjudication of penalties. 26. Offences by companies. 27. Jurisdiction of court. 28. Previous sanction of Central Government. 29. Protection of action taken in good faith. 30. Power to delegate. 31. Suspension of operation of Act. 32. Application of other laws not barred. 33. Power of Central Government to make rules. 34. Power to make regulations. 2 ----- # THE MARINE PRODUCTS EXPORT DEVELOPMENT AUTHORITY ACT, 1972 ACT NO. 13 OF 1972 [20th April, 1972.] # An Act to provide for the establishment of an Authority for the development of the marine products industry under the control of the Union and for matters connected therewith. BE it enacted by Parliament in the Twenty-third Year of the Republic of India a follows:— CHAPTER I PRELIMINARY **1. Short title, extent and commencement.—(1) This Act may be called the Marine Products Export** Development Authority Act, 1972. (1) It extends to the whole of India. (2) It shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette, appoint: Provided that different dates may be appointed for different provisions of this Act. **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 marine products industry. **3. Definitions.—In this Act, unless the context otherwise requires,—** (a) “Authority” means the Marine Products Export Development Authority established under section 4; (b) “Chairman” means the Chairman of the Authority; (c) “conveyance” includes a carrier vessel or a vehicle; (d) “dealer” means a dealer in any of the marine products; (e) “Director” means the Director of Marine Products Export Development appointed under section 7; (f) “export” and “import” mean respectively taking out of, or bringing into, India by land, sea or air; (g) “fishing vessel” means a ship or boat fitted with mechanical means of propulsion which is exclusively engaged in sea-fishing for profit; (h) “marine products” includes all varieties of fishery products known commercially as shrimp, prawn, lobster, crab, fish, shell-fish, other aquatic animals or plants or part thereof and any other products which the Authority may, by notification in the Gazette of India, declare to be marine products for the purposes of this Act; (i) “member” means a member of the Authority; (j) “owner”, in relation to any fishing vessel or in relation to any processing plant or storage premises for marine products or in relation to any conveyance used for the transport of marine products, includes— (i) any agent of the owner; and (ii) a mortgagee, lessee or other person in actual possession of the fishing vessel, processing plant, storage premises or conveyance; 1. 12th July, 1972, vide notification No. G.S.R. 388(E), dated 12th July, 1972, in respect of the provisions of sections other than sections 11 to 19 (both inclusive), see Gazette of India, Extraordinary, Part II, sec. 3(i). 15th January, 1973, vide notification No. G.S.R. 8(E), dated 10th January, 1973, in respect of the provisions of sections 11 to 19 (both inclusive), see Gazette of India, Extraordinary, Part II, sec. 3(i). 3 ----- (k) “prescribed” means prescribed by rules made under this Act; (l) “processing”, in relation to marine products, includes the preservation of such products such as canning, freezing, drying, salting, smoking, peeling or filleting and any other method of processing which the Authority may, by notification in the Gazette of India, specify in this behalf. CHAPTER II MARINE PRODUCTS EXPORT DEVELOPMENT AUTHORITY **4.** **Establishment and constitution of the Authority.—(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, an Authority to be called the Marine Products Export Development Authority. (2) The Authority shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall by the said name sue and be sued. (3) The Authority shall consist of the following members, namely:— (a) a Chairman to be appointed by the Central Government; (b) the Director of Marine Products Export Development, ex-officio; (c) three members of Parliament of whom two shall be elected by the House of the People and one by the Council of States; (d) five members to represent respectively the Ministries of the Central Government dealing with— (i) agriculture, (ii) finance, (iii) foreign trade, (iv) industry, and (v) shipping and transport; (e) such number of other members not exceeding twenty 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— (i) the Governments of the States or Union territories having a sea-coast; (ii) the interests of owners of fishing vessels, processing plants or storage premises for marine products and conveyances used for the transport of marine products; (iii) the interests of dealers; (iv) the interests of persons employed in the marine products industry; (v) the interests of persons employed in research institutions engaged in the researches connected with the said industry; and (vi) such other persons or class of persons who, in the opinion of the Central Government, ought to be represented on the Authority. (4) The number of persons to be appointed as members from each of the categories specified in clause (e) of sub-section (3), the term of office of the members other than the member referred to in clause (b) of that sub-section, and the manner of filling vacancies among, and the procedure to be followed in the discharge of their functions by the members shall be such as may be prescribed. (5) Any officer of the Central Government, not being a member of the Authority, when deputed by that Government in this behalf, shall have the right to attend meetings of the Authority and take part in the proceedings thereof but shall not be entitled to vote. (6) The Authority shall elect from among its members a Vice-Chairman who shall exercise such of 4 ----- the powers and perform such of the functions of the Chairman as may be prescribed or as may be delegated to him by the Chairman. **5. Acts or proceedings of Authority or its Committees not to be invalidated.—No act or** proceeding of the Authority or any Committee appointed by it under section 8, shall be invalidated merely by reason of— (a) any vacancy in, or any defect in the constitution of, the Authority or such Committee; or (b) any defect in the appointment of a person acting as a member of the Authority or such Committee; or (c) any irregularity in the procedure of the Authority or such Committee not affecting the merits of the case. **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. Executive officers of the Authority and other staff.—(1) The Central Government shall appoint a** Director of Marine Products Export Development to exercise such powers and perform such duties under the Chairman as may be prescribed or as may be delegated to him by the Chairman. (2) The Central Government shall appoint a Secretary to the Authority to exercise such powers and perform such duties under the Chairman as may be prescribed or as may be delegated to him by the Chairman. (3) The Director and the Secretary to the Authority shall be entitled to such salaries and allowances and such conditions of service in respect of leave, pension, provident fund and other matters as may be fixed by the Central Government. (4) Subject to such control and restrictions as may be prescribed, the Authority 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. (5) The Chairman, the Director, the Secretary and other employees of the Authority shall not undertake any work unconnected with their duties under this Act except with the permission of the Central Government. **8. Committees of the Authority.—(1) The Authority may appoint such Committees as may be** necessary for the efficient discharge of its duties and performance of its functions under this Act. (2) The Authority shall have the power to co-opt as members of any Committee appointed under sub-section (1) such other number of persons who are not members of the Authority, as it may think fit. **9. Functions of the Authority.—(1) It shall be the duty of the Authority to promote, by such measures** as it thinks fit, the development under the control of the Central Government of the marine products industry with special reference to exports. Without prejudice to the generality of the provisions of sub-section (1), the measures referred to therein may provide for— (a) developing and regulating off-shore and deep-sea fishing and undertaking measures for the conservation and management of off-shore and deep-sea fisheries; (b) registering fishing vessels, processing plants or storage premises for marine products and conveyances used for the transport of marine products; (c) fixing of standards and specifications for marine products for purposes of export; (d) rendering of financial or other assistance to owners of fishing vessels engaged in off-shore and deep-sea fishing and owners of processing plants or storage premises for marine products and conveyances used for the transport of marine products, and acting as an agency for such relief and subsidy schemes as may be entrusted to the Authority; (e) carrying out inspection of marine products in any fishing vessel, processing plant, storage premises, conveyance or other place where such products are kept or handled, for the purpose of 5 ----- ensuring the quality of such products; (f) regulating the export of marine products; (g) improving the marketing of marine products outside India; (h) registering of exporters of marine products on payment of such fees as may be prescribed; (i) collecting statistics from persons engaged in the catching of fish or other marine products, owners of processing plants or storage premises for marine products or conveyances used for the transport of marine products, exporters of such products and such other persons as may be prescribed on any matter relating to the marine products industry and the publishing of statistics so collected, or portions thereof or extracts therefrom; (j) training in various aspects of the marine products industry; and (k) such other matters as may be prescribed. (3) The Authority shall perform its functions under this section in accordance with and subject to such rules as may be made by the Central Government. **10. Dissolution of the Authority.—(1) The Central Government may, by notification in the Official** Gazette and for reasons to be specified therein, direct that the Authority shall be dissolved from such date and for such period as may be specified in the notification: Provided that before issuing any such notification, the Central Government shall give a reasonable opportunity to the Authority to make representations against the proposed dissolution and shall consider the representations, if any, of the Authority. (2) When the Authority is dissolved under the provisions of sub-section (1),— (a) all members notwithstanding that their term of office has not expired, shall, from the date of dissolution, vacate their offices as such members; (b) all powers and duties of the Authority 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 Authority shall, during the period of dissolution, vest in the Central Government; and (d) as soon as the period of dissolution expires, the Authority shall be reconstituted in accordance with the provisions of this Act. CHAPTER III REGISTRATION **11. Registration of fishing vessel, processing plant, etc.—(1) Every owner of a fishing vessel,** processing plant or storage premises for marine products or conveyance used for the transport of marine products shall, before the expiration of one month from the date on which he first became owner of such fishing vessel, processing plant, storage premises or conveyance, or before the expiration of three months from the date of coming into force of this section, whichever is later, apply to the Authority for registration under this Act of every such fishing vessel, processing plant, storage premises, or conveyance owned by him: Provided that the Authority may, for sufficient reason, extend the time-limit for registration by such period as it thinks fit. (2) Registration once made shall continue to be in force until it is cancelled by the Authority. **12. Application, cancellation, fee payable and other matters relating to registration.—The form of** application for registration under section 11 and for the cancellation of such registration, the fee payable on such applications, the particulars to be included in such applications, the procedure to be followed in granting and cancelling registration and the registers to be kept by the Authority shall be such as may be prescribed. 6 ----- **13. Returns to be made by owners.—(1) Every owner referred to in sub-section (1) of section 11** shall furnish to the Authority at the prescribed time and in the prescribed manner such returns as may be prescribed. (2) The Authority may authorise a member or any of its officers to inspect any fishing vessel, processing plant, storage premises or conveyance at any time to verify the accuracy of any return made under this section. CHAPTER IV FINANCE, ACCOUNTS AND AUDIT **14. [Imposition of a cess on marine products exported.]—Rep. by the Repealing and Amending Act,** 2006 (24 of 2006), s. 2 and the First Schedule (w.e.f. 1-6-2006). **15. [Payment of proceeds of cess to the Authority.]—Rep. by the Repealing and Amending Act, s. 2 and** _the First Schedule ibid. (w.e.f. 1-6-2006)._ **16. Grants and loans by the Central Government.—The Central Government may, after due** appropriation made by Parliament by law in this behalf, pay to the Authority by way of grants or loans such sums of money as the Central Government may consider necessary. **17. Constitution of the Fund.—(1) There shall be formed a Fund to be called the Marine Products** Export Development Fund and there shall be credited thereto— (a) the proceeds of the cess made over to the Authority by the Central Government; (b) all fees levied and collected in respect of registration made under this Act; (c) any other fee that may be levied and collected by the Authority under this Act or the rules made thereunder; (d) any grants or loans that may be made by the Central Government for the purposes of this Act; (e) any grants or loans that may be made by any institution for the purposes of this Act; and (f) all sums realised by the Authority in carrying out the measures referred to in section 9. (2) The Fund shall be applied— (a) for meeting the salaries, allowances and other remuneration of the officers and other employees of the Authority; (b) for meeting the other administrative expenses of the Authority; (c) for meeting the cost of the measures referred to in section 9; and (d) for repayment of any loans from the Central Government or from any institution. **18. Borrowing powers of the Authority.—Subject to such rules as may be made in this behalf, the** Authority shall have power to borrow on the security of the Marine Products Export Development Fund or any other asset for carrying out the purposes of this Act. **19. Accounts and audit.—(1) The Authority 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 Authority 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 Authority 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 Authority 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 Authority. 7 ----- (4) The accounts of the Authority as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the Central Government and that Government shall cause the same to be laid before each House of Parliament. CHAPTER V CONTROL BY CENTRAL GOVERNMENT **20. Power to prohibit or control imports and exports of marine products.—(1) The Central** Government may, by order published in the Official Gazette, make provision for prohibiting, restricting or otherwise controlling the import or export of marine products, either generally or in specified classes of cases. (2) All marine products to which any order under sub-section (1) applies, shall be deemed to be goods of which the import or export has been prohibited under section 11 of the Customs Act, 1962 (52 of 1962), and all the provisions of that Act shall have effect accordingly. (3) If any person contravenes any order made under sub-section (1), he shall, without prejudice to any confiscation or penalty to which he may be liable under the provisions of the Customs Act, 1962 (52 of 1962), as applied by sub-section (2), [1][be liable to penalty not less than ten thousand rupees or not exceeding twice the value of goods, whichever is higher, in respect of which such order has been made]. **21. Directions by Central Government.—The Authority 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. **22. Returns and reports.—(1) The Authority shall furnish to the Central Government, at such time** and in such form and manner as may be prescribed or as the Central Government may direct, such returns and statements and such particulars in regard to any proposed or existing programme for the promotion and development of the marine products industry, as the Central Government may, from time to time, require. (2) Without prejudice to the provisions of sub-section (1), the Authority 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 programmes during the previous financial year. (3) A copy of the report received under sub-section (2) shall be laid before each House of Parliament. CHAPTER VI MISCELLANEOUS **23. Penalty for making false returns.—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 [2][be liable to penalty which may extend to ten thousand rupees]. **3[24. Penalties for obstructing a member or officer of the Authority in the discharge of his duties** **and for failure to produce books and records.—Any person who—** (a) obstructs any member authorised by the Chairman in writing or any officer or other employee of the Authority authorised by it in this behalf or any person authorised in this behalf by the Central Government or by the Authority, in the exercise of any power conferred, or in the discharge of any duty imposed, on him by or under this Act, 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; (b) having control over or custody of any account book or other record, fails to produce such book or record when required to do so by or under this Act, shall be liable to penalty which may extend to ten thousand rupees. **25. 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 or penalty for 1. Subs. by Act 18 of 2023, s. 2 and Schedule for certain words (w.e.f. 16-8-2024). 2. Subs. by s. 2 and Schedule, ibid., for certain words (w.e.f. 16-8-2024). 3. Subs. by s. 2 and Schedule, ibid., for sections 24 and 25 (w.e.f. 16-8-2024). 8 ----- the contravention whereof has been provided for in sections 20, 23 and 24 shall be liable to penalty not less than ten thousand rupees, or not exceeding an amount equivalent to the value of goods, whichever is higher, in respect of which such contravention has been made, and in case of a continuing contravention as aforesaid, a penalty of not less than fifty thousand rupees, or not exceeding an amount equivalent to twice the value of goods, whichever is higher, in respect of which such contravention has been made. **25A. Adjudication of penalties.—(1) For the purposes of adjudging penalties under sub-section (3) of** section 20, section 23, clause (b) of section 24 and section 25, the Chairman shall appoint the Secretary to the Authority 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 under the provisions of this Act, in the manner as may be prescribed, after giving the person concerned a reasonable opportunity of being heard. (2) Whoever is aggrieved by an order of the adjudicating officer may prefer an appeal to the Chairman, 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 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) The appellate authority referred to in sub-section (2) shall dispose of the appeal within sixty days from the date of filing. (6) The amount of penalty imposed under sub-section (1), if not paid, shall be recovered as an arrear of land revenue.] **26. Offences by companies.—(1) Where an offence under this Act has been committed by a company,** every person who at the time the offence was committed was in charge of and was responsible to, the company for the conduct of the business of the company as well as the company shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment, 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 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. **27. Jurisdiction of court.—No court inferior to that of a Presidency magistrate or a Magistrate of the** first class shall try any offence punishable under this Act. **28. Previous sanction of Central Government.—No prosecution for any offence punishable under** this Act shall be instituted except with the previous sanction of the Central Government. **29. Protection of action taken in good faith.—No suit, prosecution or other legal proceedings shall** lie against the Government, or the Authority or any Committee appointed by it, or any member of the Authority or such Committee, or any officer or other employee of the Government or of the Authority or any other person authorised by the Government or the Authority, for anything which is in good faith done or intended to be done under this Act or the rules made thereunder. **30. Power to delegate.—The Central Government may, by order notified in the Official Gazette, direct** that any power exercisable by it under this Act (not being the power to make rules under section 33) 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. 9 ----- **31. 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 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 provision 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. **32. Application of other laws not barred.—The provisions of this Act shall be in addition to and not** in derogation of the provisions of any other law for the time being in force. **33. Power of Central Government 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 number of persons to be appointed as members from each of the categories specified in clause (e) of sub-section (3) of section 4, the term of office and other conditions of service of members, the manner of filling vacancies among, and the procedure to be followed in the discharge of their functions by, such members; (b) the circumstances in which and the authority by which a member may be removed; (c) the holding of a minimum number of meetings of the Authority every year; (d) the procedure to be followed at meetings of the Authority for the conduct of business and the number of members which shall form a quorum at a meeting; (e) the maintenance by the Authority of records of business transacted by the Authority and the submission of copies thereof to the Central Government; (f) the powers of the Authority, its Chairman, the Director and Committees of the Authority with respect to the incurring of expenditure; (g) the conditions subject to which the Authority may incur expenditure outside India; (h) the preparation of budget estimates of receipts and expenditure of the Authority and the authority by which the estimates are to be sanctioned; (i) the form and manner in which the accounts should be kept by the Authority; (j) the deposit of the funds of the Authority in banks and the investment of such funds; (k) the conditions subject to which the Authority may borrow; (l) the conditions subject to which and the manner in which contracts may be entered into by or on behalf of the Authority; (m) the additional matters in respect of which the Authority may undertake measures in the discharge of its functions; (n) the remuneration and other allowances payable to the person or persons referred to in clause (b) of sub-section (2) of section 10; (o) the form of, and the particulars to be contained in, any returns or reports to be made to the Authority under this Act; (p) the form of, and the manner of making applications for registration and for its cancellation by the Authority, the fee payable on such applications and the procedure to be followed in granting and cancelling registration and the conditions governing such registration; (q) the collection of any information or statistics in respect of marine products; 1[(qa) the manner of holding inquiry and imposing penalty under sub-section (1) of section 25A; 1. Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 16-8-2024). 10 ----- (qb) the form and manner of preferring appeal under sub-section (2) of section 25A;] (r) any other matter which is to be or may be prescribed by, or provided for by rules under, this Act. (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. **34. Power to make regulations.—(1) The Authority may make regulations not inconsistent with this** Act and the rules made thereunder for enabling it to discharge its functions under this Act. (2) Without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:— (a) the procedure to be followed at meetings of the Committees appointed by the Authority and the number of members which shall form a quorum at a meeting; (b) the delegation to the Chairman, members, Director, Secretary or other officers of the Authority of any of the powers and duties of the Authority under this Act; (c) the travelling and other allowances of members of the Authority and of Committees thereof; (d) the pay and allowances and leave and other conditions of service of officers (other than those appointed by the Central Government) and other employees of the Authority; (e) the maintenance of its accounts; (f) the maintenance of the registers and other records of the Authority and its various Committees; (g) the appointment by the Authority of agents to discharge on its behalf any of its functions; (h) the persons by whom, and the manner in which, payments, deposits and investments may be made on behalf of the Authority. (3) No regulation made by the Authority shall have effect until it has been approved by the Central Government and published in the Official Gazette, and the Central Government, in confirming a regulation, may make any change therein which appears to it to be necessary. (4) The Central Government may, by notification in the Official Gazette, cancel any regulation which it has confirmed and thereupon the regulation shall cease to have effect. 1[(5) 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.] 2. Ins. by Act 4 of 1986, s. 2 and Schedule (w.e.f. 15-5-1986). 11 -----

31-May-1972

18

The Departmental Inquiries (Enforcement of Attendance of Witnesses and Production of Documents) Act, 1972

https://www.indiacode.nic.in/bitstream/123456789/1718/1/a1972-18.pdf

central

# THE DEPARTMENTAL INQUIRIES (ENFORCEMENT OF ATTENDANCE OF WITNESSES AND PRODUCTION OF DOCUMENTS) ACT, 1972 ____________ ARRANGEMENT OF SECTIONS ___________ SECTIONS 1. Short title and extent. 2. Departmental inquiries to which the Act shall apply. 3. Definitions. 4. Power of Central Government to authorise the exercise of powers specified in section 5. 5. Power of authorised inquiring authority to enforce attendance of witnesses and production of documents. 6. Territorial limits in which powers specified in section 5 may be exercised. 7. Power to make rules. 1 ----- # THE DEPARTMENTAL INQUIRIES (ENFORCEMENT OF ATTENDANCE OF WITNESSES AND PRODUCTION OF DOCUMENTS) ACT, 1972 ACT NO. 18 OF 1972 [31st May, 1972.] # An Act to provide for the enforcement of attendance of witnesses and production of documents in certain departmental inquiries and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Twenty-third Year of the Republic of India as follows:— **1. Short title and extent.—(1) This Act may be called the Departmental Inquiries (Enforcement of** Attendance of Witnesses and Production of Documents) Act, 1972. (2) It extends to the whole of India except the State of Jammu and Kashmir*. **2. Departmental inquiries to which the Act shall apply.—The provisions of this Act shall apply to** every departmental inquiry made in relation to— (a) persons appointed to public services or posts in connection with the affairs of the Union; (b) persons who, having been appointed to any public service or post in connection with the affairs of the Union, are in service or pay of,— (i) any local authority in any Union territory, (ii) any corporation established by or under a Central Act and owned or controlled by the Central Government, (iii) any Government company within the meaning of section 617 of the Companies Act, 1956 (1 of 1956), in which not less than fifty-one per cent. of the paid-up share capital is held by the Central Government or any company which is a subsidiary of such Government company, (iv) any society registered under the Societies Registration Act, 1860 (21 of 1860), which is subject to the control of the Central Government. **3. Definitions.—For the purposes of this Act,—** (a) “departmental inquiry” means an inquiry held under and in accordance with— (i) any law made by Parliament or any rule made thereunder, or (ii) any rule made under the proviso to article 309, or continued under article 313, of the Constitution of India, into any allegation of lack of integrity against any person to whom this Act applies; (b) “inquiring authority” means an officer or authority appointed by the Central Government or by any officer or authority subordinate to that Government to hold a departmental inquiry and includes any officer or authority who is empowered by or under any law or rule for the time being in force to hold such inquiry; (c) “lack of integrity” includes bribery or corruption. **4. Power of Central Government to authorise the exercise of powers specified in** **section 5.—(1) Where the Central Government is of opinion that for the purposes of any departmental** inquiry it is necessary to summon as witnesses, or call for any document from, any class or category of persons, it may, by notification in the Official Gazette, authorise the inquiring authority to exercise the power specified in section 5 in relation to any person within such class or category and thereupon the inquiring authority may exercise such power at any stage of the departmental inquiry. *. 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 ----- (2) The power conferred on the Central Government by sub-section (1) may also be exercised by such authority, not being an authority inferior to the appointing authority in relation to the person against whom the departmental inquiry is being held, as the Central Government may, by notification in the Official Gazette, specify in this behalf. **5. Power of authorised inquiring authority to enforce attendance of witnesses and production of** **documents.—(1) Every inquiring authority authorised under section 4 (hereafter referred to as the** “authorised inquiring authority”) 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, in respect of the following matters, namely:— (a) the summoning and enforcing the attendance of any witness and examining him on oath; (b) requiring the discovery and production of any document or other material which is producible as evidence; (c) the requisitioning of any public record from any court or office. (2) Notwithstanding anything contained in sub-section (1), the authorised inquiring authority shall not compel the Reserve Bank of India, the State Bank of India, any subsidiary bank as defined in clause (k) of section 2 of the State Bank of India (Subsidiary Banks) Act, 1959 (38 of 1959), or any corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970),— (a) to produce any books of account or other documents which the Reserve Bank of India, the State Bank of India, the subsidiary bank or the corresponding new bank claims to be of a confidential nature, or (b) to make any such books or documents a part of the record of the proceedings of the departmental inquiry, or (c) to give inspection of any such books or documents, if produced, to any party before it or to any other person. (3) Every process issued by an authorised inquiring authority for the attendance of any witness or for the production of any document shall be served and executed through the District Judge within the local limits of whose jurisdiction the witness or other person, on whom the process is to be served or executed, voluntarily resides or carries on business or personally works for gain, and, for the purpose of taking any action for the disobedience of any such process, every such process shall be deemed to be a process issued by the District Judge. (4) Every authorised inquiring authority making any departmental inquiry under this Act 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). **6. Territorial limits in which powers specified in section 5 may be exercised.—For the purpose of** exercising the powers specified in section 5, the territorial jurisdiction of every authorised inquiring authority shall extend to the limits of the territory to which this Act extends. **7. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette,** make rules for the purpose of giving effect to the provisions of this Act. (2) 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, 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 the modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 3 -----

31-May-1972

20

The Architects Act, 1972

https://www.indiacode.nic.in/bitstream/123456789/1690/1/197220.pdf

central

# THE ARCHITECTS ACT, 1972 _______ ARRANGEMENT OF SECTIONS ________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. CHAPTER II COUNCIL OF ARCHITECTURE 3. Constitution of Council of Architecture. 4. President and Vice-President of Council. 5. Mode of elections. 6. Terms of office and casual vacancies. 7. Validity of act or proceeding of Council, Executive Committee or other committees not to be invalidated by reason of vacancy, etc. 8. Disabilities. 9. Meetings of Council. 10. Executive Committee and other committees. 11. Fees and allowances to President, Vice-President and members. 12. Officers and other employees. 13. Finances of Council. 14. Recognition of qualifications granted by authorities in India. 15. Recognition of architectural qualifications granted by authorities in foreign countries. 16. Power of Central Government to amend Schedule. 17. Effect of recognition. 18. Power to require information as to courses of study and examinations. 19. Inspection of examinations. 20. Withdrawal of recognition. 21. Minimum standard of architectural education. 22. Professional conduct. CHAPTER III REGISTRATION OF ARCHITECTS 23. Preparation and maintenance of register. 24. First preparation of register. 1 ----- SECTIONS 25. Qualification for entry in register. 26. Procedure for subsequent registration. 27. Renewal fees. 28. Entry of additional qualification. 29. Removal from register. 30. Procedure in inquiries relating to misconduct. 31. Surrender of certificates. 32. Restoration to register. 33. Issue of duplicate certificates. 34. Printing of register. 35. Effect of registration. CHAPTER IV MISCELLANEOUS 36. Penalty for falsely claiming to be registered. 37. Prohibition against use of title. 38. Failure to surrender certificate of registration. 39. Cognizance of offences. 40. Information to be furnished by Council and publication thereof. 41. Protection of action taken in good faith. 42. Members of Council and officers and employees to be public servants. 43. Power to remove difficulties. 44. Power of Central Government to make rules. 45. Power of Council to make regulations. THE SCHEDULE. 2 ----- # THE ARCHITECTS ACT, 1972 ACT NO. 20 OF 1972 [31st May, 1972.] # An Act to provide for the registration of architects and for matters connected therewith. BE it enacted by Parliament in the Twenty-third Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title, extent and commencement.—(1) This Act may be called the Architects Act, 1972.** (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) “architect” means a person whose name is for the time being entered in the register; (b) “Council” means the Council of Architecture constituted under section 3; (c) “Indian Institute of Architects” means the Indian Institute of Architects registered under the Societies Registration Act, 1860 (21 of 1860); (d) “recognised qualification” means any qualification in architecture for the time being included in the Schedule or notified under section 15; (e) “register” means the register of architects maintained under section 23; (f) “regulation” means a regulation made under this Act by the Council; (g) “rule” means a rule made under this Act by the Central Government. CHAPTER II COUNCIL OF ARCHITECTURE **3. Constitution of Council of Architecture.—(1) The Central Government shall, by notification in** the Official Gazette, constitute, with effect from such date as may be specified in the notification, a Council to be known as the Council of Architecture, which shall be a body corporate, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract, and may by that name sue or be sued. (2) The Head Office of the Council shall be at Delhi or at such other place as the Central Government may, by notification in the Official Gazette, specify. (3) The Council shall consist of the following members, namely:— (a) five architects possessing recognised qualifications elected by the Indian Institute of Architects from among its members; (b) two persons nominated by the All India Council for Technical Education established by the Resolution of the Government of India in the late Ministry of Education No. F.16-10/44-E. III, dated the 30th November, 1945; (c) five persons elected from among themselves by heads of architectural institutions in India imparting full-time instruction for recognised qualifications; 1. 2nd April, 1973, _vide_ notification No. G.S.R. 400(E), dated 16th March, 1973, _see Gazette of India, Extraordinary, Part II,_ sec. 3(i). 3 ----- (d) the Chief Architects in the Ministries of the Central Government to which the Government business relating to defence and railways has been allotted and the head of the Architectural Organisation in the Central Public Works Department, ex officio; (e) one person nominated by the Central Government; (f) an architect from each State nominated by the Government of that State; (g) two persons nominated by the Institution of Engineers (India) from among its members; and (h) one person nominated by the Institution of Surveyors of India from among its members. _Explanation.—For the purposes of this sub-section,—_ (a) “Institution of Engineers (India)” means the Institution of Engineers (India) first registered in 1920 under the Indian Companies Act, 1913 (7 of 1913) and subsequently incorporated by a Royal Charter in 1935; (b) “Institution of Surveyors of India” means the Institution of Surveyors registered under the Societies Registration Act, 1860 (21 of 1860). (4) Notwithstanding anything contained in clause (a) of sub-section (3), the Central Government may, pending the preparation of the register, nominate to the first Council, in consultation with the Indian Institute of Architects, persons referred to in the said clause (a) who are qualified for registration under section 25, and the persons so nominated shall hold office for such period as the Central Government may, by notification in the Official Gazette, specify. (5) Notwithstanding anything contained in clause (f) of sub-section (3), the Central Government may, pending the preparation of the register, nominate to the first Council, in consultation with the State Governments concerned, persons referred to in the said clause (f), who are qualified for registration under section 25, and the persons so nominated shall hold office for such period as the Central Government may, by notification in the Official Gazette, specify. **4. President and Vice-President of Council.—(1) The President and the Vice-President of the** Council shall be elected by the members of the Council from among themselves: Provided that on the first constitution of the Council and until the President is elected, a member of the Council nominated by the Central Government in this behalf shall discharge the functions of the President. (2) An elected President or Vice-President of the Council shall hold office for a term of three years or till he ceases to be a member of the Council, whichever is earlier, but subject to his being a member of the Council, he shall be eligible for re-election: Provided that— (a) the President or the Vice-President may, by writing under his hand addressed to the Vice-President or the President, as the case may be, resign his office; (b) the President or the Vice-President shall, notwithstanding the expiry of his term of three years, continue to hold office until his successor enters upon office. (3) The President and the Vice-President of the Council shall exercise such powers and discharge such duties as may be prescribed by regulations. **5. Mode of elections.—(1) Elections under this Chapter shall be conducted in such manner as may be** prescribed by rules. (2) Where any dispute arises regarding any such election, the matter shall be referred by the Council to a Tribunal appointed by the Central Government by notification in the Official Gazette in this behalf, and the decision of the Tribunal shall be final: Provided that no such reference shall be made except on an application made to the Council by an aggrieved party within thirty days from the date of the declaration of the result of the election. 4 ----- (3) The expenses of the Tribunal shall be borne by the Council. **6. Terms of office and casual vacancies.—(1) Subject to the provisions of this section, an elected or** nominated member shall hold office for a term of three years from the date of his election or nomination or until his successor has been duly elected or nominated, whichever is later. (2) An elected or nominated member may, at any time, resign his membership by writing under his hand addressed to the President, or in his absence, to the Vice-President, and the seat of such member shall thereupon become vacant. (3) A member shall be deemed to have vacated his seat— (i) if he is absent without excuse, sufficient in the opinion of the Council, from three consecutive ordinary meetings of the Council; or (ii) if he ceases to be a member of the body referred to in clause (a), clause (g) or clause (h) of sub-section (3) of section 3 by which he was elected or nominated, as the case may be; or (iii) in the case where he has been elected under clause (c) of sub-section (3) of section 3, if he ceases to hold his appointment as the head of an institution referred to in the said clause. (4) A casual vacancy in the Council shall be filled by fresh election or nomination, as the case may be, and the person so elected or nominated to fill the vacancy shall hold office only for the remainder of the term for which the member whose place he takes was elected or nominated. (5) Members of the Council shall be eligible for re-election or re-nomination, but not exceeding three consecutive terms. **7. Validity of act or proceeding of Council, Executive Committee or other committees not to be** **invalidated by reason of vacancy, etc.—No act or proceeding of the Council or the Executive** Committee or any other committee shall be invalid merely by reason of— (a) any vacancy in, or defect in the constitution of, the Council, the Executive Committee or any other committee, or (b) any defect in the election or nomination of a person acting as a member thereof, or (c) any irregularity in procedure not affecting the merits of the case. **8. Disabilities.—A person shall not be eligible for election or nomination as a member of the** Council, if he— (a) is an undischarged insolvent; or (b) has been convicted by a court in India for any offence and sentenced to imprisonment for not less than two years, and shall continue to be ineligible for a further period of five years since his release. **9. Meetings of Council.—(1) The Council shall meet at least once in every six months 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 by regulations. (2) Unless otherwise prescribed by regulations, nine members of the Council shall form a quorum, and all the acts of the Council shall be decided by a majority of the members present and voting. (3) In the case of an equal division of votes, the President, or in his absence, the Vice-President or, in the absence of both, the member presiding over the meeting, shall have and exercise a second or casting vote. **10. Executive Committee and other committees.—(1) The Council shall constitute from among its** members an Executive Committee, and may also constitute other committees for such general or special purposes as the Council deems necessary to carry out its functions under this Act. 5 ----- (2) The Executive Committee shall consist of the President and the Vice-President of the Council who shall be members ex officio and five other members who shall be elected by the Council from among its members. (3) The President and the Vice-President of the Council shall be the Chairman and Vice-Chairman respectively of the Executive Committee. (4) A member of the Executive Committee shall hold office as such until the expiry of his term as a member of the Council but subject to his being a member of the Council, he shall be eligible for re-election. (5) In addition to the powers and duties conferred and imposed on it by this Act, the Executive Committee shall exercise such powers and discharge such duties as may be prescribed by regulations. **11. Fees and allowances to President, Vice-President and members.—The President, the** Vice-President and other members of the Council shall be entitled to such fees and allowances as the Council may, with the previous sanction of the Central Government, fix in this behalf. **12. Officers and other employees.—(1) The Council shall—** (a) appoint a Registrar who shall act as its Secretary and who may also act, if so decided by the Council, as its treasurer; (b) appoint such other officers and employees as the Council deems necessary to enable it to carry out its functions under this Act; (c) with the previous sanction of the Central Government, fix the pay and allowances and other conditions of service of officers and other employees of the Council. (2) Notwithstanding anything contained in clause (a) of sub-section (1), for the first three years from the first constitution of the Council, the Registrar of the Council shall be a person appointed by the Central Government, who shall hold office during the pleasure of the Central Government. (3) All the persons appointed under this section shall be the employees of the Council. **13. Finances of Council.—(1) There shall be established a Fund under the management and control** of the Council into which shall be paid all moneys 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. (3) The Council shall keep proper accounts of the Fund distinguishing capital from revenue. (4) The annual accounts of the Council shall be subject to audit by an auditor to be appointed annually by the Council. (5) As soon as may be practicable at the end of each year, but not later than the thirtieth day of September of the year next following, the Council shall cause to be published in the Official Gazette a copy of the audited accounts and the report of the Council for that year and copies of the said accounts and report shall be forwarded to the Central Government. (6) The Fund shall consist of— (a) all moneys received from the Central Government by way of grant, gift or deposit; (b) any sums received under this Act whether by way of fee or otherwise. (7) All moneys standing at the credit of Council which cannot immediately be applied shall be deposited in the State Bank of India or in any other bank specified in column 2 of the First Schedule to the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970). **14. Recognition of qualifications granted by authorities in India.—(1) The qualifications included** in the Schedule or notified under section 15 shall be recognised qualifications for the purposes of this Act. 6 ----- (2) Any authority in India which grants an architectural qualification not included in the Schedule may apply to the Central Government to have such qualification recognised, and the Central Government, after consultation with the Council, may, by notification in the Official Gazette, amend the Schedule so as to include such qualification therein, and any such notification may also direct that an entry shall be made in the Schedule against such architectural qualification declaring that it shall be a recognised qualification only when granted after a specified date: Provided that until the first Council is constituted, the Central Government shall, before issuing any notification as aforesaid, consult an expert committee consisting of three members to be appointed by the Central Government by notification in the Official Gazette. **15.** **Recognition of architectural** **qualifications** **granted** **by** **authorities** **in foreign** **countries.—(1) The Central Government may, after consultation with the Council, direct, by notification** in the Official Gazette, that an architectural qualification granted by any university or other institution in any country outside India in respect of which a scheme of reciprocity for the recognition of architectural qualification is not in force, shall be a recognised qualification for the purposes of this Act or, shall be so only when granted after a specified date or before a specified date: Provided that until the first Council is constituted the Central Government shall, before issuing any notification as aforesaid, consult the expert committee set up under the proviso to sub-section (2) of section 14. (2) The Council may enter into negotiations with the authority in any State or country outside India, which by the law of such State or country is entrusted with the maintenance of a register of architects, for settling of a scheme of reciprocity for the recognition of architectural qualifications, and in pursuance of any such scheme, the Central Government may, by notification in the Official Gazette, direct that such architectural qualification as the Council has decided should be recognised, shall be deemed to be a recognised qualification for the purposes of this Act, and any such notification may also direct that such architectural qualification shall be so recognised only when granted after a specified date or before a specified date. **16. Power of Central Government to amend Schedule.—Notwithstanding anything contained in** sub-section (2) of section 14, the Central Government, after consultation with the Council, may, by notification in the Official Gazette, amend the Schedule by directing that an entry be made therein in respect of any architectural qualification. **17. Effect of recognition.—Notwithstanding anything contained in any other law, but subject to the** provisions of this Act, any recognised qualification shall be a sufficient qualification for enrolment in the register. **18. Power to require information as to courses of study and examinations.—Every authority in** India which grants a recognised qualification shall furnish such information as the Council may, from time to time, require as to the courses of study and examinations to be undergone in order to obtain such qualification, as to the ages at which such courses of study and examinations are required to be undergone and such qualification is conferred and generally as to the requisites for obtaining such qualification. **19. Inspection of examinations.—(1) The Executive Committee shall, subject to regulations, if any,** made by the Council, appoint such number of inspectors as it may deem requisite to inspect any college or institution where architectural education is given or to attend any examination held by any college or institution for the purpose of recommending to the Central Government recognition of architectural qualifications granted by that college or institution. (2) The inspectors shall not interfere with the conduct of any training or examination, but shall report to the Executive Committee on the adequacy of the standards of architectural education including staff, equipment, accommodation, training and such other facilities as may be prescribed by regulations for giving such education or on the sufficiency of every examination which they attend. (3) The Executive Committee shall forward a copy of such report to the college or institution and shall also forward copies with remarks, if any, of the college or institution thereon, to the Central Government. 7 ----- **20. Withdrawal of recognition.—(1) When upon report by the Executive Committee it appears to** the Council— (a) that the courses of study and examination to be undergone in, or the proficiency required from the candidates at any examination held by, any college or institution, or (b) that the staff, equipment, accommodation, training and other facilities for staff and training provided in such college or institution, do not conform to the standards prescribed by regulations, the Council shall make a representation to that effect to appropriate Government. (2) After considering such representation the appropriate Government shall forward it along with such remarks as it may choose to make to the college or institution concerned, with an intimation of the period within which the college or institution, as the case may be, may submit its explanation to the appropriate Government. (3) On receipt of the explanation or where no explanation is submitted within the period fixed, then on the expiry of that period, the State Government, in respect of the college or institution referred to in clause (b) of sub-section (5), shall make its recommendations to the Central Government. (4) The Central Government— (a) after making such further enquiry, if any, as it may think fit, in respect of the college or institution referred to in sub-section (3), or (b) on receipt of the explanation from a college or institution referred to in clause (a) of sub-section (5), or where no explanation is submitted within the period fixed, then on the expiry of that period, may, by notification in the Official Gazette, direct that an entry shall be made in the Schedule against the architectural qualification awarded by such college or institution, as the case may be, declaring that it shall be a recognised qualification only when granted before a specified date and the Schedule shall be deemed to be amended accordingly. (5) For the purposes of this section, “appropriate government” means— (a) in relation to any college or institution established by an Act of Parliament or managed, controlled or financed by the Central Government, the Central Government, and (b) in any other case, the State Government. **21. Minimum standard of architectural education.—The Council may prescribe the minimum** standards of architectural education required for granting recognised qualifications by colleges or institutions in India. **22. Professional conduct.—(1) The Council may by regulations prescribe standards of professional** conduct and etiquette and a code of ethics for architects. (2) Regulations made by the Council under sub-section (1) may specify which violations thereof shall constitute infamous conduct in any professional respect, that is to say, professional misconduct, and such provision shall have effect notwithstanding anything contained in any law for the time being in force. CHAPTER III REGISTRATION OF ARCHITECTS **23. Preparation and maintenance of register.—(1) The Central Government shall, as soon as may** be, cause to be prepared in the manner hereinafter provided a register of architects for India. (2) The Council shall upon its constitution assume the duty of maintaining the register in accordance with the provisions of this Act. (3) The register shall include the following particulars, namely:— (a) the full name with date of birth, nationality and residential address of the architect; 8 ----- (b) his qualification for registration, and the date on which he obtained that qualification and the authority which conferred it; (c) the date of his first admission to the register; (d) his professional address; and (e) such further particulars as may be prescribed by rules. **24. First preparation of register.—(1) For the purposes of preparing the register of architects for the** first time, the Central Government shall, by notification in the Official Gazette, constitute a Registration Tribunal consisting of three persons who have, in the opinion of the Central Government, the knowledge of, or experience in, architecture; and the Registrar appointed under section 12 shall act as Secretary of the Tribunal. (2) The Central Government shall, by the same or a like notification, appoint a date on or before which application for registration, which shall be accompanied by such fee as may be prescribed by rules, shall be made to the Registration Tribunal. (3) The Registration Tribunal shall examine every application received on or before the appointed day and if it is satisfied that the applicant is qualified for registration under section 25, shall direct the entry of the name of the applicant in the register. (4) The first register so prepared shall thereafter be published in such manner as the Central Government may direct and any person aggrieved by a decision of the Registration Tribunal expressed or implied in the register so published may, within thirty days from the date of such publication, appeal against such decision to an authority appointed by the Central Government in this behalf by notification in the Official Gazette. (5) The authority appointed under sub-section (4) shall, after giving the person affected an opportunity of being heard and after calling for relevant records, make such order as it may deem fit. (6) The Registrar shall amend, where necessary, the register in accordance with the decisions of the authority appointed under sub-section (4). (7) Every person whose name is entered in the register shall be issued a certificate of registration in such form as may be prescribed by rules. (8) Upon the constitution of the Council, the register shall be given into its custody, and the Central Government may direct that the whole or any specified part of the application fees for registration in the first register shall be paid to the credit of the Council. **25. Qualification for entry in register.—A person shall be entitled on payment of such fee as may** be prescribed by rules to have his name entered in the register, if he resides or carries on the profession of architect in India and— (a) holds a recognised qualification, or (b) does not hold such a qualification but, being a citizen of India, has been engaged in practice as an architect for a period of not less than five years prior to the date appointed under sub-section (2) of section 24, or (c) possesses such other qualifications as may be prescribed by rules: Provided that no person other than a citizen of India shall be entitled to registration by virtue of a qualification— (a) recognised under sub-section (1) of section 15 unless by the law and practice of a country outside India to which such person belongs, citizens of India holding architectural qualification registrable in that country are permitted to enter and practise the profession of architect in such country, or (b) unless the Central Government has, in pursuance of a scheme of reciprocity or otherwise, declared that qualification to be a recognised qualification under sub-section (2) of section 15. 9 ----- **26. Procedure for subsequent registration.—(1) After the date appointed for the receipt of** applications for registration in the first register of architects, all applications for registration shall be addressed to the Registrar of the Council and shall be accompanied by such fee as may be prescribed by rules. (2) If upon such application the Registrar is of opinion that the applicant is entitled to have his name entered in the register he shall enter thereon the name of the applicant: Provided that no person, whose name has under the provisions of this Act been removed from the register, shall be entitled to have his name re-entered in the register except with the approval of the Council. (3) Any person whose application for registration is rejected by the Registrar may, within three months of the date of such rejection, appeal to the Council. (4) Upon entry in the register of a name under this section, the Registrar shall issue a certificate of registration in such form as may be prescribed by rules. **27. Renewal fees.—(1) The Central Government may, by notification in the Official Gazette, direct** that for the retention of a name in the register after the 31st day of December of the year following the year in which the name is first entered in the register, there shall be paid annually to the Council such renewal fee as may be prescribed by rules and where such direction has been made, such renewal fee shall be due to be paid before the first day of April of the year to which it relates. (2) Where the renewal fee is not paid before the due date, the Registrar shall remove the name of the defaulter from the register: Provided that a name so removed may be restored to the register on, such conditions as may be prescribed by rules. (3) On payment of the renewal fee, the Registrar shall, in such manner as may be prescribed by rules, endorse the certificate of registration accordingly. **28. Entry of additional qualification.—An architect shall, on payment of such fee as may be** prescribed by rules, be entitled to have entered in the register any further recognised qualification which he may obtain. **29. Removal from register.—(1) The Council may, by order, remove from the register the name of** any architect— (a) from whom a request has been received to that effect, or (b) who has died since the last publication of the register. (2) Subject to the provisions of this section, the Council may order that the name of any architect shall be removed from the register where it is satisfied, after giving him a reasonable opportunity of being heard and after such further inquiry, if any, as it may think fit to make,— (a) that his name has been entered in the register by error or on account of misrepresentation or suppression of a material fact; or (b) that he has been convicted of any offence which, in the opinion of the Council, involves moral turpitude; or (c) that he is an undischarged insolvent; or (d) that he has been adjudged by a competent court to be of unsound mind. (3) An order under sub-section (2) may direct that any architect whose name is ordered to be removed from the register shall be ineligible for registration under this Act for such period as may be specified. (4) An order under sub-section (2) shall not take effect until the expiry of three months from the date thereof. 10 ----- **30. Procedure in inquiries relating to misconduct.—(1) When on receipt of a complaint made to it,** the Council is of opinion that any architect has been guilty of professional misconduct which, if proved, will render him unfit to practice as an architect, the Council may hold an inquiry in such manner as may be prescribed by rules. (2) After holding the inquiry under sub-section (1) and after hearing the architect, the Council may, by order, reprimand the said architect or suspend him from practice as an architect or remove his name from the register or pass such other order as it thinks fit. **31. Surrender of certificates.—A person whose name has been removed from the register under** sub-section (2) of section 27, sub-section (1) or sub-section (2) of section 29 or sub-section (2) of section 30, or where such person is dead, his legal representative, as defined in clause (11) of section 2 of the Code of Civil Procedure, 1908 (5 of 1908), shall forthwith surrender his certificate of registration to the Registrar, and the name so removed shall be published in the Official Gazette. **32. Restoration to register.—The Council may, at any time, for reasons appearing to it to be** sufficient and subject to the approval of the Central Government, order that upon payment of such fee as may be prescribed by rules, the name of the person removed from the register shall be restored thereto. **33. Issue of duplicate certificates.—Where it is shown to the satisfaction of the Registrar that a** certificate of registration has been lost or destroyed, the Registrar may, on payment of such fee as may be prescribed by rules, issue a duplicate certificate in the form prescribed by rules. **34. Printing of register.—As soon as may be after the 1st day of April in each year, the Registrar** shall cause to be printed copies of the register as it stood on the said date and such copies shall be made available to persons applying therefor on payment of such fee as may be prescribed by rules and shall be evidence that on that said date the persons whose names are entered therein were architects. **35. Effect of registration.—(1) Any reference in any law for the time being in force to an architect** shall be deemed to be a reference to an architect registered under this Act. (2) After the expiry of two years from the date appointed under sub-section (2) of section 24, a person who is registered in the register shall get preference for appointment as an architect under the Central or State Government or in any other local body or institution which is supported or aided from the public or local funds or in any institution recognised by the Central or State Government. CHAPTER IV MISCELLANEOUS **36. Penalty for falsely claiming to be registered.—If any person whose name is not for the time** being entered in the register falsely represents that it is so entered, or uses in connection with his name or title any words or letters reasonably calculated to suggest that his name is so entered, he shall be punishable with fine which may extend to one thousand rupees. **37. Prohibition against use of title.—(1) After the expiry of one year from the date appointed under** sub-section (2) of section 24, no person other than a registered architect, or a firm of architects shall use the title and style of architect: Provided that the provisions of this section shall not apply to— (a) practice of the profession of an architect by a person designated as a “landscape architect” or “naval architect”; (b) a person who, carrying on the profession of an architect in any country outside India, undertakes the function as a consultant or designer in India for a specific project with the prior permission of the Central Government. _Explanation.—For the purposes of clause (a),—_ (i) “landscape architect” means a person who deals with the design of open spaces relating to plants, trees and landscape; (ii) “naval architect” means an architect who deals with design and construction of ships. 11 ----- (2) If any person contravenes the provisions of sub-section (1), he shall be punishable on first conviction with fine which may extend to five hundred rupees and on any subsequent conviction with imprisonment which may extend to six months or with fine not exceeding one thousand rupees or with both. **38. Failure to surrender certificate of registration.—If any person whose name has been removed** from the register fails without sufficient cause forthwith to surrender his certificate of registration, he shall be punishable with fine which may extend to one hundred rupees, and, in the case of a continuing failure, with an additional fine which may extend to ten rupees for each day after the first during which he has persisted in the failure. **39. Cognizance of offences.—(1) No court shall take cognizance of any offence punishable under** this Act, except upon complaint made by order of the Council or a person authorised in this behalf by the Council. (2) No Magistrate other than a Presidency Magistrate or a Magistrate of the first class shall try any offence punishable under this Act. **40. Information to be furnished by Council and publication thereof.—(1) The Council shall** furnish such reports, copies of its minutes, and other information to the Central Government as that Government may require. (2) The Central Government may publish, in such manner as it may think fit, any report, copy or other information furnished to it under this section. **41. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall** lie against the Central Government, the Council or any member of the Council, the Executive Committee or any other committee or officers and other employees of the Council for anything which is in good faith done or intended to be done under this Act or any rule or regulation made thereunder. **42. Members of Council and officers and employees to be public servants.—The members of the** Council and officers and other employees of the Council shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860). **43. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of** this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made under this section after the expiry of two years from the date of commencement of this Act. (2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament and the provisions of sub-section (3) of section 44 shall apply in respect of such order as it applies in respect of a rule made under this Act. **44. 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. (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 elections under Chapter II shall be conducted, the terms and conditions of service of the member of the Tribunal appointed under sub-section (2) of section 5 and the procedure to be followed by the Tribunal; (b) the procedure to be followed by the expert committee constituted under the proviso to sub-section (2) of section 14 in the transaction of its business and the powers and duties of the expert committee and the travelling and daily allowances payable to the members thereof; (c) the particulars to be included in the register of architects under sub-section (3) of section 23; (d) the form in which a certificate of registration is to be issued under sub-section (7) of section 24, sub-section (4) of section 26 and section 33; 12 ----- (e) the fee to be paid under sections 24, 25, 26, 27, 28, 32 and 33; (f) the conditions on which name may be restored to the register under the proviso to sub-section (2) of section 27; (g) the manner of endorsement under sub-section (3) of section 27; (h) the manner in which the Council shall hold an enquiry under section 30; (i) the fee for supplying printed copies of the register under section 34; (j) any other matter which is to be or may be provided by rules under this Act. (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 to 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. **45. Power of Council to make regulations.—(1) The Council may, with the approval of the Central** Government, [1][by notification in the Official Gazette,] make regulations not inconsistent with the provisions of this Act, or the rules made thereunder, to carry out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for— (a) the management of the property of the Council; (b) the powers and duties of the President and the Vice-President of the Council; (c) the summoning and holding of meetings of the Council and the Executive Committee or any other committee constituted under section 10, the times and places at which such meetings shall be held, the conduct of business thereat and the number of persons necessary to constitute a quorum; (d) the functions of the Executive Committee or of any other committee constituted under section 10; (e) the courses and periods of study and of practical training, if any, to be undertaken, the subjects of examinations and standards of proficiency therein to be obtained in any college or institution for grant of recognised qualifications; (f) the appointment, powers and duties of inspector; (g) the standards of staff, equipment, accommodation, training and other facilities for architectural education; (h) the conduct of professional examinations, qualifications of examiners and the conditions of admission to such examinations; (i) the standards of professional conduct and etiquette and code of ethics to be observed by architects; (j) any other matter which is to be or may be provided by regulations under this Act and in respect of which no rules have been made. 1[(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 21 of 1982, s. 2 (w.e.f. 18-5-1982). 13 ----- THE SCHEDULE (See section 14) QUALIFICATIONS 1. Bachelor Degree in Architecture awarded by Indian Universities established by an Act of the Central or State Legislature. 2. National Diploma (formerly All India Diploma) in Architecture awarded by the All India Council for Technical Education. 3. Degree of Bachelor of Architecture (B. Arch.) awarded by the Indian Institute of Technology, Kharagpur. 4. Five-Year full-time diploma in Architecture of the Sir J. J. School of Art, Bombay, awarded after 1941. 5. Diploma in Architecture awarded by the State Board of Technical Education and Training of the Government of Andhra Pradesh with effect from 1960 (for the students trained at the Government College of Arts and Architecture, Hyderabad). 6. Diploma in Architecture awarded by the Government College of Arts and Architecture, Hyderabad till 1959, subject to the condition that the candidates concerned have subsequently passed a special final examination in architecture held by the State Board of Technical Education, Andhra Pradesh and obtained a special certificate. 7. Diploma in Architecture awarded by the University of Nagpur with effect from 1965 to the students trained at the Government Polytechnic, Nagpur. 8. Government Diploma in Architecture awarded by the Government of Maharashtra (or the former Government of Bombay). 9. Diploma in Architecture of Kalabhavan Technical Institute, Baroda. 10. Diploma in Architecture awarded by the School of Architecture, Ahmedabad. 11. Membership of the Indian Institute of Architects. 1[12. Diploma in Architecture awarded by the University of Nagpur during the period 1962-1964.] 2[13. Bachelor Degree in Architecture awarded by the School of Planning and Architecture, New Delhi (an Institution deemed to be a University) with effect from 3-12-1979.] 3[14. Diploma in Architecture awarded by the Centre for Environmental Planning and Technology (CEPT), Ahmedabad, with effect from 16-10-1980.] 4[15. Diploma in Architecture awarded by the Institute of Environment Design with effect from 1985 to the students trained at the D.C. Patel School of Architecture, Vallabh Vidya Nagar (Gujarat).] 5[16. 5 years Diploma in Architecture awarded by the Sushant School of Art and Architecture, Gurgaon (Haryana) with effect from 1-6-1994 to the students trained at the Sushant School of Art and Architecture, Gurgaon (Haryana).] 6[17. 5 years Diploma in Architecture awarded by the TVB School of Habitat Studies, Sector-D, Vasant Kunj, New Delhi with effect from 1-8-1995 to the students trained at the TVB School of Habitat Studies, Sector-D, Vasant Kunj, New Delhi.] 1. Added by G.S.R. 780(E), dated 4th July, 1973. 2. Added by G.S.R. 790, dated 28th August, 1982. 3. Added by G.S.R. 866, dated 30th September, 1982. 4. Added by G.S.R. 361, dated 6th July, 1995. 5. Added by G.S.R. 482, dated 12th September, 1994. 6. Added by G.S.R. 72, dated 25th January, 1996. 14 -----

6-Jun-1972

25

The Taxation Laws (Extension to Jammu and Kashmir) Act, 1972

https://www.indiacode.nic.in/bitstream/123456789/19247/1/a1972-25.pdf

central

THE TAXATION LAWS (EXTENSION TO JAMMU AND KASHMIR) ACT, 1972 ___________ ARRANGEMENT OF SECTIONS _______ SECTIONS 1. Short title and commencement. 2. Extension of certain taxation laws to Jammu and Kashmir and amendments thereto. 3. Constitution of references to Code of Criminal Procedure, 1898. 4. Power to remove difficulties. THE SCHEDULE [Repealed.] 1 ----- # THE TAXATION LAWS (EXTENSION TO JAMMU AND KASHMIR) ACT, 1972 ACT NO. 25 OF 1972 [6th June, 1972.] # An Act to provide for the extension of certain taxation laws to the State of Jammu and Kashmir. BE it enacted by Parliament in the Twenty-third Year of the Republic of India as follows:— **1.** **Short title and commencement.—(1) This Act may be called The Taxation Laws (Extension to** Jammu and Kashmir) Act, 1972. (2) It shall come into force on the 1st day of July, 1972. **2.** **Extension of certain taxation laws to Jammu and Kashmir and amendments thereto.—(1)** The provisions of Chapter VII of the Finance (No. 2) Act, 1971 (32 of 1971), and all rules made and notifications issued by the Central Government, and all regulations made by the Central Board of Excise and Customs, thereunder shall extend to, and come into force in, the State of Jammu and Kashmir. (2) The Tax on Postal Articles Act, 1971 (47 of 1971), and the Inland Air Travel Tax Act, 1971 (48 of 1971), and all rules made and notifications issued by the Central Government thereunder shall extend to, and come into force in, the State of Jammu and Kashmir. 1* - - - **3.** **Constitution of references to Code of Criminal Procedure, 1898.—The reference to the Code of** Criminal Procedure, 1898 (5 of 1898), in Chapter VII of the Finance (No. 2) Act, 1971 (32 of 1971), and in section 8 of the Inland Air Travel Tax Act, 1971 (48 of 1971), shall, in relation to the State of Jammu and Kashmir, be construed as a reference to the corresponding law in force in that State. **4.** **Power to remove difficulties.—If, in or in relation to the State of Jammu and Kashmir,** any difficulty arises in giving effect to the provisions of Chapter VII of the Finance (No. 2) Act, 1971 (32 of 1971), or of the Tax on Postal Articles Act, 1971 (47 of 1971), or of the Inland Air Travel Tax Act, 1971 (48 of 1971), now extended to the State of Jammu and Kashmir, the Central Government may, as occasion may require, by order notified in the Official Gazette, make such provisions or give such directions, not inconsistent with the provisions of that Chapter or Act, as appear to it to be necessary for the removal of the difficulty: Provided that no such order shall be made under this section after the expiration of two years from the commencement of this Act. 1. Sub-section (3) rep. by the Repealing and Amending Act, 1978 (38 of 1978), s. 2 and the First Schedule (w.e.f. 26-11-1978). 2 ----- [THE SCHEDULE.] Rep. by the Repealing and Amending Act, 1978 (38 of 1978), s. 2 and the First _Schedule (w.e.f. 26-11-1978)._ 3 -----

9-Jun-1972

28

The National Service Act, 1972

https://www.indiacode.nic.in/bitstream/123456789/1629/1/197228.pdf

central

# THE NATIONAL SERVICE ACT, 1972 _________ # ARRANGEMENT OF SECTIONS __________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. CHAPTER II LIABILITY OF PERSONS TO RENDER NATIONAL SERVICE 3. Liability of persons to be called up for national service. 4. Voluntary service in lieu of national service. 5. Liability to complete interrupted service. 6. Power of Central Government to direct a person to render service with the Armed Forces of Union or other national service. 7. Discipline. 8. Power of Central Government to require any employer to release qualified persons. 9. Transfer. 10. Persons not to leave national service or be discharged therefrom unless permitted by Central Government. CHAPTER III REGISTRATION AND ENLISTMENT FOR NATIONAL SERVICE 11. Persons required to register. 12. Registration. 13. Notice of likelihood of calling up for national service. 14. Enlistment for national service. 15. Salary, wages, etc., and travelling allowances to be paid to persons enlisted for national service. 16. Training. 17. Discharge. CHAPTER IV POSTPONEMENT OF NATIONAL SERVICE 18. National Service (Hardship) Committee. 19. Application for postponement on grounds of hardship. 20. Appeal from decision of the National Service (Hardship) Committee. 21. Revocation of postponement certificate. 22. Suspension of right to postponement of liability to be called up for national service. CHAPTER V REINSTATEMENT OF QUALIFIED PERSONS CALLED UP FOR NATIONAL SERVICE 23. Reinstatement. 24. Preservation of certain rights of qualified persons required to render national service. ----- CHAPTER VI OTHER OFFENCES AND PENALTIES SECTIONS 25. False statement and forgery. 26. General provision as to offences. 27. Offences by companies. CHAPTER VII MISCELLANEOUS 28. Information to be furnished by Universities, etc. 29. Information to be furnished by District Magistrate. 30. Priority of debts. 31. Summary trial of offences. 32. Jurisdiction to try offences. 33. Protection of action taken in good faith. 34. Removal of difficulties. 35. Powers to delegate. 36. Power to make rules. 37. Power to make regulations. 38. Rules and regulations to be laid before Parliament. ----- # THE NATIONAL SERVICE ACT, 1972 ACT NO. 28 OF 1972 [9th June, 1972.] # An Act to provide for the registration of qualified persons and for the rendering of national service by such persons and for matters connected therewith. BE it enacted by Parliament in the Twenty-third Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title, extent and commencement.—(1) This Act may be called the National Service** Act, 1972. (2) It extends to the whole of India. (3) It shall come into force on such date as the Central Government may, by notification, appoint. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “employer” means any person who employs any qualified person for doing any work in any establishment and includes any person entrusted with the supervision and control of qualified persons in such establishment. (b) “establishment” means— (i) any office, or (ii) any place where any industry, trade, business or occupation is carried on, and includes any technical institution or training centre; (c) “national service” means any service which is likely to assist the defence of India and civil defence or the efficient conduct of military operations and includes such social service as the Central Government may, if it is of opinion that it is necessary for public purposes so to do, by notification specify in this behalf; (d) “notification” means a notification published in the Official Gazette; (e) “prescribed” means prescribed by rules made under this Act; (f) “qualified person” means a citizen of India who is ordinarily resident in India and who,— (i) has obtained a recognised medical qualification within the meaning of the Indian Medical Council Act, 1956 (102 of 1956), or (ii) has obtained, or has passed an examination which entitles him to obtain, a degree of a University or its equivalent qualification in any branch of engineering or technology or both. _Explanation.—For the purposes of this Act, a qualified person who is resident in India shall be_ deemed to be ordinarily resident there unless— (a) he is residing there only for the purposes of attending a course of education; or (b) the circumstances of his residence there are otherwise such as to show that he is residing there for a temporary purpose only; or (c) he, being a person who was born or domiciled in any country outside India, has been resident in India for less than two years. CHAPTER II LIABILITY OF PERSONS TO RENDER NATIONAL SERVICE **3. Liability of persons to be called up for national service.—(1) Every person who—** (a) is a qualified person at the commencement of this Act, or ----- (b) becomes a qualified person after such commencement, shall, if he has not attained the age of thirty years at such commencement, or, as the case may be, on the date on which he becomes a qualified person, be liable until he attains the age of thirty years, to be called up for national service for a period of not more than four years. (2) The period of national service for which a qualified person shall be liable to be called up under this Act shall begin from the date on which he is required by an enlistment notice served under this Act to present himself to the authority specified therein and shall end on the day when his term of national service is completed in accordance with the provisions of this Act. **4. Voluntary service in lieu of national service.—(1) If a qualified person has been enlisted under** any other law for the time being in force, for service in one of the Armed Forces of the Union for a period of not less than four years, he shall perform the service required of the members of that Force in lieu of the national service required under this Act. (2) If a qualified person has rendered or is rendering service, other than service in one of the Armed Forces of the Union and such service is declared by the Central Government to be equivalent to national service, the period of such service shall be deemed to be service in lieu of the national service required under this Act and he shall (unless he has ceased to be liable under this Act to be called up for national service), be liable to be called up for national service for such term as will, together with the service completed by him, be equivalent to the term of service for which persons are liable to serve under this Act. (3) If any qualified person has been enlisted as a member of— (a) the Indian Reserve Forces, regulated under the Indian Reserve Forces Act, 1888 (4 of 1888), (b) the Territorial Army constituted under the Territorial Army Act, 1948 (56 of 1948), (c) the Air Force Reserve or the Auxiliary Air Force Reserve constituted under the Reserve and Auxiliary Air Forces Act, 1952 ( 62 of 1952), (d) the Indian Naval Reserve Forces raised and maintained under the Navy Act, 1957 (62 of 1957), or (e) any other Force of the foregoing nature, he shall not be called up, so long as he continues to be a member of that Force, to render national service under this Act: Provided that he shall, after he has ceased to be a member of such Force, be liable to render national service (unless he has ceased to be liable under this Act to be called up for national service), for such term as will, together with the actual service rendered by him as a member of that Force, be equivalent to the term of service for which persons are liable to serve under this Act. **5. Liability to complete interrupted service.—If any qualified person serving in the Armed Forces** of the Union ceases to serve therein before he has completed four years of such service, he shall, unless he has ceased to be liable under this Act to be called up for national service, be liable to be called up to serve for such term as will, together with the service completed by him, be equivalent to the term of service for which persons are liable to serve under this Act. **6. Power of Central Government to direct a person to render service with the Armed Forces of** **Union or other national service.—Subject to the provisions of section 3, the Central Government may,** by order, require a qualified person to render service in the Armed Forces of the Union or such other national service, as it may specify in this behalf, for such period and at such place as may be specified in the order. **7. Discipline.—(1) Every qualified person enlisted under this Act for national service in the Armed** Forces of the Union shall, subject to such conditions as may be prescribed, be bound to serve in any branch of the Armed Forces to which he is for the time being attached, and shall be subject to all laws, rules, regulations and orders in force for the time being in relation to such branch. ----- (2) Every qualified person enlisted for any national service, other than service in the Armed Forces of the Union shall, subject to such conditions as may be prescribed, be bound to serve in any position or post to which he is appointed for the time being, and shall be subject to all laws, rules, regulations and orders in force for the time being in relation to such position or post. **8. Power of Central Government to require any employer to release qualified persons.—(1) The** Central Government may, by order in writing, require any employer to release any qualified person for employment in national service within such time as may be specified in the order. (2) Where an employer releases a qualified person for employment in national service, such employer shall not be liable to pay the salary, wages and other emoluments, if any, of the qualified person for the period during which national service is or has been rendered by the qualified person. (3) No contract, subsisting between a qualified person and his employer on the date of release of the qualified person for employment in national service, shall be enforceable until such qualified person has been discharged from national service. (4) In computing the period specified in any contract of service in relation to a qualified person who has been called upon to render national service, the period of national service actually rendered by such qualified person shall be excluded. (5) If any employer fails without sufficient cause to comply with the order made under sub-section (1), he shall be liable to be punished with imprisonment for a term which may extend to three years and also with fine which may extend to one thousand rupees. **9. Transfer.—The Central Government may, by regulations, make provisions for enabling or** requiring a qualified person rendering national service in any branch of the Armed Forces of the Union to be transferred to any other branch of that Force or to any other branch of national service or vice versa. **10. Persons not to leave national service or be discharged therefrom unless permitted by** **Central Government.—(1) No qualified person rendering national service under this Act shall leave** such service until he is discharged therefrom under section 17. (2) No qualified person who has been served with a notice under sub-section (1) of section 13 or an enlistment notice under section 14 shall, if he is in any employment at the date of service of such notice, leave such employment or be discharged therefrom, except in accordance with the provisions of this Act: Provided that nothing in this sub-section shall apply where the employment of a qualified person is terminated for the reason that the said person has been guilty of gross insubordination, habitual absence from work, or serious misconduct or has been convicted of an offence. (3) If a qualified person who has been served with a notice under sub-section (1) of section 13 or an enlistment notice under section 14 leaves any employment in which he is engaged at the date of service of such notice or is discharged therefrom otherwise than in accordance with the provisions of this Act, he or, as the case may be, the person by whom he is discharged, shall be punished with imprisonment for a term which may extend to five years and also with fine which may extend to two thousand rupees. CHAPTER III REGISTRATION AND ENLISTMENT FOR NATIONAL SERVICE **11. Persons required to register.—(1) Every qualified person shall, if he is liable, at the** commencement of this Act, to be called up for national service, make an application, within ninety days from such commencement, to be registered under this Act. (2) Every qualified person who becomes liable after the commencement of this Act, to be called up for national service, shall, within thirty days from the date on which he becomes so liable, make an application to be registered under this Act. **12. Registration.—(1) The Central Government shall, by general order, direct qualified persons who** are required to be registered under this Act,— (a) to furnish at such place and time, in such manner and to such authority or person as may be specified therein, such particulars about themselves as the order may require; and ----- (b) to make at such place, in such manner and to such authority or person as may be specified in the order, an application to be registered under this Act. (2) The order made under sub-section (1) may make different provisions in relation to different classes of qualified persons subject to registration and may provide for exempting from any requirements of the order of any class of qualified persons with respect to whom the Central Government is satisfied that particulars sufficient for the purposes of this Act can be ascertained otherwise than by virtue of those requirements. (3) If any qualified person fails to comply with any requirement of the order made under sub-section (1), he shall be liable to be punished with imprisonment for a term which may extend to three years, or with fine which may extend to one thousand rupees, or with both. (4) The Central Government shall ensure— (a) that upon an application duly made for registration under this Act, the name and address of the applicant together with the particulars of the matters with respect to which information was given by the applicant in pursuance of the order made under sub-section (1) are entered in a register kept for the purposes of this Act, to be known as the “National Service Register”; and (b) that upon the applicant being registered, a certificate of registration is issued to the applicant in the prescribed form. (5) The information contained in the National Service Register shall not be used for any purpose other than the purposes of this Act: Provided that nothing in this sub-section shall preclude the Central Government from disclosing, for statistical purposes, any information contained in the National Service Register. (6) The Central Government may cause registration to be made of, and a certificate of registration to be issued to, any qualified person of a class exempted from any of the requirements of sub-section (1) as if that person had duly applied to be registered under this Act. (7) (a) If any qualified person subject to registration under this Act communicates to the Central Government in the prescribed manner, that he has a preference for the Army, Air Force or Naval Service, that fact shall be recorded in the National Service Register. (b) If a qualified person belonging to a class which is exempted from registration under this Act has a preference for the Army, Air Force or Naval Service, he shall intimate such preference to the Central Government in such manner as that Government may specify and, on receipt of such intimation, the Central Government shall cause such preference to be recorded in the National Service Register. (8) (a) If any change occurs in the name or address of any qualified person while such person remains registered under this Act, or if any such person acquires any additional academic or professional qualification or distinction, he shall forthwith communicate the change of his name or address, or, as the case may be, the acquisition by him of additional academic or professional qualification or distinction to the Central Government in the prescribed manner and at the same time return to the Central Government, for correction, any certificate of registration held by him and if he fails to communicate the change of his name or address, or, as the case may be, the acquisition by him of the additional academic or professional qualification or distinction, he shall be liable to be punished with fine which may extend to five hundred rupees. (b) Upon the receipt of a communication of the change of name or address of any qualified person registered under this Act or of acquisition by him of additional academic or professional qualification or distinction, the Central Government shall cause the necessary corrections to be made in the entries in the National Service Register and shall either cause the certificate to be corrected and returned to such person or cause a fresh certificate to be issued to him. (9) The Central Government may, by rules made under this Act, provide for the issue, in specified circumstances, of fresh certificates of registration in place of certificates which have been lost, destroyed or defaced. ----- **13. Notice of likelihood of calling up for national service.—(1) The Central Government may from** time to time cause to be served on any qualified person subject to registration under this Act, and, if he is engaged in any employment, also on his employer, a written notice in the prescribed form stating that such person is likely to be called upon, at any time within a period of twelve months next following, to render national service. (2) Omission to serve any notice referred to in sub-section (1) on an employer or the service of such notice on a person who is not, at the time of service of such notice, the employer of the qualified person concerned, shall not invalidate the notice served under sub- section (1) on the qualified person and shall not affect the liability of the qualified person to be called up for national service. (3) The Central Government may cause to be served, on any qualified person served with a notice referred to in sub-section (1), a written notice requiring that person to submit himself to an examination, by such authority, at such place and at such time, as may be specified in the notice, of his physical and mental fitness for being called up for national service. (4) The Central Government may make regulations for the examination of the physical and mental fitness of persons subject to registration under this Act and such regulations may, in particular, enable the medical and other authority— (a) in a case where he is unable to complete the examination on one occasion, to direct the person examined to submit himself for a further examination on a specified time and place; (b) to direct the person examined to submit himself for examination by a specialist. (5) The Central Government may by regulations determine the categories in which persons examined under this section are to be placed with reference to their physical and mental condition. (6) If any qualified person fails to comply with the requirements of a notice served on him under sub-section (3) or any regulations made or directions given under sub-section (4), he shall be liable to be punished with imprisonment for a term which may extend to three years, or with fine which may extend to one thousand rupees, or with both. (7) The court by which a qualified person is convicted of an offence under this section may, without prejudice to any penalty which may be imposed on him, order him to submit himself to an examination of his physical and mental fitness, further examination or examination by a specialist, as the case may be, at such place and at such time as may be fixed by the court and any such order may provide that such person shall be detained in custody until that time and shall be taken by a police officer to that place and at that time: Provided that no person shall be detained in custody by virtue of any such order for more than twenty-four hours. (8) A qualified person who, having been ordered by a court under sub-section (7) to submit himself to an examination of his physical and mental fitness and to be detained in custody, is taken by a police officer to the place and at the time at which he is to be examined, does not submit himself to an examination of his physical and mental fitness in accordance with the order, he may be arrested by that or any other police officer without a warrant. (9) A qualified person, who fails to submit himself to an examination of his physical and mental fitness in accordance with an order made under sub-section (7), shall be liable to be punished with imprisonment for a term which may extend to three years, and also with fine which may extend to one thousand rupees. (10) A notice served on any qualified person under this section shall cease to have effect if, before that date on which he is required to submit himself to an examination of his physical and mental fitness, he ceases to be subject to registration under this Act. (11) The Central Government may pay to the medical or other authority, specialist, or any qualified person undergoing examination of his physical and mental fitness under this section such travelling and other allowances, including compensation for loss of remunerative time, in accordance with such scales as may be prescribed. ----- **14. Enlistment for national service.—(1) Subject to such priorities as may be prescribed, the Central** Government may cause to be served on any qualified person for the time being liable under this Act to be called up for national service, who has been found, after an examination of his physical and mental condition, fit for such service, a written notice in the prescribed form (in this Act referred to as the “enlistment notice”) stating that he is called up for national service in such one of the Armed Forces of the Union or in such other service as may be specified in the enlistment notice and requiring him to present himself at such place and at such time and to such authority, as may be specified in the notice: Provided that an enlistment notice under this section shall not require the person upon whom it is served to present himself on a day earlier than the fourteenth day after the date of service of the notice or such earlier day as may be determined at his request. (2) An enlistment notice served on any qualified person shall cease to have effect if, before the day on which he is thereby required to present himself, he ceases to be liable to be called up for national service under this Act. (3) The Central Government may pay to persons required to present themselves in pursuance of an enlistment notice served upon them travelling and other allowances in accordance with such scales as may be prescribed. (4) If on the day specified in the enlistment notice as the day on which the person to whom the notice relates is required to present himself for national service— (a) a postponement certificate relating to him is in force, or (b) any appeal or application by him for postponement of national service is pending, the enlistment notice served on him shall be of no effect. (5) The enlistment notice shall be served in such manner as may be prescribed. **15. Salary, wages, etc., and travelling allowances to be paid to persons enlisted for national** **service.—(1) Every qualified person who is called up for national service under this Act, or who is** transferred from one form of national service to another, shall be paid such salary, wages, allowances, pension, disability and death compensations and other benefits as may be prescribed: Provided that such payments shall be on scales not less favourable than those admissible to persons of like qualifications, experience and length of service in similar positions under the Government. _Explanation.—For the purposes of the foregoing proviso, the length of standing of a qualified person_ as an engineer or medical practitioner, as the case may be, shall be construed as the length of his service. (2) Any qualified person who is called up for national service or transferred from one form of national service, or from one place of employment in the national service, to another, shall be paid travelling allowance for journey to his place of employment under this Act at such rate as may be prescribed. (3) A qualified person who, on the date of the service of the enlistment notice on him, is engaged in any employment, or a qualified person who is transferred from one form of national service, or from one place of employment in the national service, to another, shall be paid, for the period of his transit from the place of his former employment to the place of his employment under this Act, salary or wages (including allowances) at the rate fixed by the Central Government under sub-section (1). (4) A qualified person who was in any employment on the date on which he was called up for national service under this Act, shall, on his discharge from such service, be paid salary or wages (including allowances) for the period of his transit from the place of his employment under this Act to the place of his former employment at the rate fixed by the Central Government under sub-section (1). (5) A qualified person who is called up for national service under this Act shall, on the termination of his national service, be paid travelling expenses at such rate as may be prescribed, for journey to the place of his former employment, or, if he was unemployed when he was first called up for national service under this Act, to the place of his residence. ----- **16. Training.—During his term of national service a qualified person may be required to undergo** training for such period as may be prescribed. **17. Discharge.—(1) Every qualified person enlisted under this Act shall be entitled to receive his** discharge from national service on the expiration of the period for which he was enlisted and such person may, prior to the expiration of that period, be discharged from national service by such authority and subject to such conditions as may be prescribed. (2) A person receiving discharge under this section shall be given a certificate in such form as may be prescribed certifying that he has been discharged from national service. (3) A person who has received discharge under this section shall not be required to render national service after such discharge: Provided that a person who has received discharge under this section before he has completed four years of national service, shall, unless he has ceased to be liable to be called up for national service under this Act, be liable to be called up for national service under this Act for such term as will, together with the period of national service rendered by him, be equivalent to four years. CHAPTER IV POSTPONEMENT OF NATIONAL SERVICE **18. National Service (Hardship) Committee.—(1) The Central Government shall constitute a** National Service (Hardship) Committee consisting of a Chairman and two other members appointed by it. (2) The Chairman of the National Service (Hardship) Committee shall be a person who is, or has been, or is qualified to be, a Judge of a High Court. (3) The members of the National Service (Hardship) Committee shall hold office for a period of three years but shall be eligible for reappointment. (4) The proceedings of the National Service (Hardship) Committee shall not be invalid by reason of any defect in the constitution of, or any vacancy in, such Committee. (5) Any vacancy in the National Service (Hardship) Committee shall be filled by the Central Government in such manner as it may think fit. (6) The Central Government may constitute Regional National Service (Hardship) Committees for such regions as it may think fit and on such constitution such Regional National Service (Hardship) Committees shall have all the powers, functions and privileges of the National Service (Hardship) Committee and shall be subject to the same provisions as are applicable to that Committee. (7) The National Service (Hardship) Committee shall have power to regulate its own procedure with regard to any investigation under this Act and shall have for the purposes of such investigation 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 producible as evidence; (c) receiving evidence on oath; (d) issuing commissions for the examination of witnesses or documents; (e) such other matters as may be prescribed. **19. Application for postponement on grounds of hardship.—(1) Any qualified person who is for** the time being liable to be called up for national service under this Act and who has been served with a notice referred to in sub-section (1) of section 13, or any employer of such qualified person, may apply, in the prescribed manner to the Central Government for a certificate of postponement of liability to be called up for national service on the ground that exceptional hardship would ensue if such qualified person were called up for national service, and may, on that ground apply, in the prescribed manner, for the renewal of the postponement certificate granted to him. ----- (2) Where an application for a postponement certificate or for the renewal thereof is made, the Central Government shall refer the application for decision to the National Service (Hardship) Committee. (3) No application for the grant of a postponement certificate shall be referred by the Central Government to the National Service (Hardship) Committee unless such application is made within sixty days from the date of service of the notice referred to in sub-section (1) of section 13: Provided that the Central Government may refer an application for the grant of a postponement certificate to the National Service (Hardship) Committee made after the expiry of the said period if it is satisfied, having regard to the grounds on which the application is made, that the making thereof has not been unreasonably delayed. (4) The Central Government may by regulations specify the principles to be applied and the circumstances to which regard is to be or not to be had for the hearing of an application for the grant or renewal of a postponement certificate and as to the period for which the postponement certificate may be granted or renewed. (5) The National Service (Hardship) Committee may, after consideration of the application for a postponement certificate or renewal thereof, grant or reject the same. (6) The period within which the postponement certificate is in force shall be added to the period during which the person to whom the certificate was granted is liable under this Act to be called up for national service and accordingly this Act shall in relation to that person have effect as if for reference therein to the age of thirty years, there were substituted, an age being the sum of thirty years and the period during which— (i) the postponement certificate is in force, and (ii) the enlistment notice was of no effect by reason of the provisions of clause (b) of sub-section (4) of section 14. (7) If any qualified person or an employer makes an application for a postponement certificate on a ground which he knows to be false or does not believe to be true or on a ground which, in the opinion of the National Service (Hardship) Committee, is frivolous, he shall be liable to be punished with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both. **20. Appeal from decision of the National Service (Hardship) Committee.—(1) Subject to the** provisions of sub-section (2), an appeal shall lie against the decision of the National Service (Hardship) Committee to the High Court exercising jurisdiction in relation to the territory in which the applicant for the postponement certificate voluntarily resides, carries on business or personally works for gain. (2) No appeal referred to in sub-section (1) shall lie unless— (i) it is preferred within thirty days from the date of the decision of the National Service (Hardship) Committee, and (ii) the National Service (Hardship) Committee certifies that the case involves a substantial question of law. (3) Where the National Service (Hardship) Committee has refused to give a certificate referred to in sub-section (2), the High Court may, if it is satisfied that the case involves a substantial question of law, grant special leave to appeal against the decision of the National Service (Hardship) Committee. (4) The High Court may, after hearing the appeal, confirm, modify or reverse the decision of the National Service (Hardship) Committee. **21. Revocation of postponement certificate.—(1) If, at any time, while a postponement certificate is** in force, it appears to the Central Government that, by reason of any change in the circumstances of the qualified person to whom the certificate was granted or of his employer, where such certificate was granted on the application of such employer, the certificate ought to be revoked or the period for which it was granted or last renewed ought to be shortened, the Central Government may apply to the National Service (Hardship) Committee, and that Committee may either reject the application or cancel the certificate or vary it by shortening the period. ----- (2) Where an application is made under sub-section (1), the person to whom the postponement certificate in question was granted, and where such certificate was granted on the application of an employer, such employer, shall be entitled to be heard on the application and the provisions as to appeals contained in section 20 shall apply in relation to the application as if it were an application for the grant of a postponement certificate. **22. Suspension of right to postponement of liability to be called up for national service.—(1) The** Central Government may, if it is satisfied at any time that by reason of the gravity of the situation it is necessary so to do, by order— (a) cancel, either generally or in relation to a specified class of qualified persons, all postponement certificates in force at the date of the order, and (b) abrogate, either generally or in relation to a specified class of qualified persons, any right to apply for the grant of a postponement certificate and any right to appeal from the refusal to grant such a certificate, and may, by order, vary or revoke any order in force under this section, without prejudice however to the previous effect of that order. (2) Where, on the day on which an order comes into force under this section abrogating any right to appeal from the refusal to grant a postponement certificate, an appeal preferred by a person to whom the order applies or the time for preferring such appeal by such person has not expired, the appeal shall be deemed to be dismissed or the time shall be deemed to expire on the expiry of that day. CHAPTER V REINSTATEMENT OF QUALIFIED PERSONS CALLED UP FOR NATIONAL SERVICE **23. Reinstatement.—(1) In this section,—** (a) “former employee” means a qualified person who was released by an employer for employment in national service; (b) “former employer” means the employer by whom a former employee was employed in an establishment immediately before the enlistment of such employee for national service; (c) “former employment” means the employment in which the former employee was employed immediately before his enlistment for national service. (2) (a) A former employee may, on the termination of his national service, make an application in such manner and within such period as may be prescribed to his former employer for reinstatement in his former employment. (b) On receipt of an application referred to in clause (a), the former employer shall be under an obligation (unless the employment of the former employee in the national service was terminated by dismissal for misconduct) to reinstate such employee before the expiry of a period of fifteen days from the date of receipt of such application. (3) (a) If, on receipt of an application referred to in sub-section (2), the former employer refuses to reinstate the applicant on the ground that his circumstances have so changed as to make it impossible or unreasonable for him to do so, or denies his liability to reinstate such former employee, or represents that the reinstatement by him of the former employee is impracticable, he shall, before the expiry of a period of fifteen days from the date of receipt of such application, make an application to the National Service (Hardship) Committee for relieving him from the obligation referred to in sub-section (2). (b) A former employee, who is not reinstated in his former employment within fifteen days from the date of delivery of the application made under sub-section (2), may, within a further period of fifteen days (computed from the date on which the first-mentioned period of fifteen days expires), represent to the National Service (Hardship) Committee that his former employer has not discharged the obligation imposed on him by sub-section (2). (c) On receipt of the application referred to in clause (a) or the representation referred to in clause (b), the National Service (Hardship) Committee shall, after considering all matters placed before it and after making such inquiry in the matter as it may think fit, make an order— (i) relieving the former employer from the obligation referred to in sub-section (2), or ----- (ii) requiring the former employer to reinstate the former employee in his former employment, or (iii) requiring the former employer to pay to the former employee by way of compensation, for failure or inability to reinstate him, a sum not exceeding an amount equal to six months’ remuneration at the rate at which remuneration was last payable by the former employer to the former employee. (d) Where the National Service (Hardship) Committee has directed the reinstatement of any person in his former employment, the former employer shall be under an obligation to pay to such person salary and allowances at the rates specified by the National Service (Hardship) Committee from the date of receipt of the application referred to in sub-section (2). (4) (a) A former employer, who has refused to reinstate his former employee on any of the grounds specified in sub-section (3) and who has omitted or failed, without any reasonable excuse, to make an application to the National Service (Hardship) Committee within the time specified in sub-section (3), shall be punished, without any prejudice to the provisions of clause (b) of this sub-section, with imprisonment for a term which may extend to one month, or with fine which may extend to five thousand rupees, or with both. (b) If any former employer fails to obey any order made by the National Service (Hardship) Committee under sub-section (3), he shall be punished with imprisonment for a term which may extend to one month, or with fine which may extend to five thousand rupees, or with both, and the court by which such former employer is convicted under this sub-section shall order him to pay to the person whom he has failed 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 former employer and any amount so required to be paid shall be recoverable as if it were a fine imposed by such court. (5) Where in pursuance of the provisions of sub-section (2) a former employer reinstates his former employee and thereafter terminates the employment of such former employee at any time within a period of six months from the date of such reinstatement, the former employer shall, notwithstanding anything to the contrary contained in the conditions of employment of the former employee, be liable to pay to the former employee, at the time of terminating his employment as aforesaid, a sum equal to the remuneration which the former employee would have earned under the terms and conditions of his re-employment for the unexpired portion of the said period of six months: Provided that a former employer shall not be liable to make such payment as aforesaid where the employment of the former employee is terminated for the reason that the former employee has been guilty of gross insubordination, habitual absence from work or any serious misconduct or has been convicted of any offence: Provided further that a former employee whose employment is terminated within the said period for any such reason as aforesaid may refer the matter to the National Service (Hardship) Committee and that Committee shall, after due consideration, decide whether or not the employer is liable as aforesaid under this sub-section; and any such decision shall be final and binding on the parties. _Explanation.—Any sum required to be paid under this sub-section shall be in addition to the amount,_ if any, which the employer may, under the conditions of employment be liable to pay in respect of the termination of the employment of the former employee without notice. (6) No change in the name, constitution or character of the former employer shall affect the right of reinstatement of a former employee who has been released from employment in national service. (7) (a) The occupation in which and the terms and conditions under which a qualified person may be reinstated after completion of national service shall not be less favourable to him than those which would have been applicable to him had his employment not been interrupted by reason of his being called up for national service. (b) In determining the terms and conditions of reinstatement of the former employee, regard shall be had to the additional skill and experience acquired by such employee in the course of his employment in the national service. ----- **24. Preservation of certain rights of qualified persons required to render national service.—** While any qualified person, required to render national service under this Act, has any rights under any provident fund or other scheme for the benefit of employees maintained in connection with the employment he relinquishes, he shall continue, so long as he is engaged in national service 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. CHAPTER VI OTHER OFFENCES AND PENALTIES **25. False statement and forgery.—(1) If any qualified person—** (a) on whom an enlistment notice has been served under this Act in respect of whom no postponement certificate is in force or no application or appeal for postponement of national service is pending, fails or omits to render the service which he is required by such notice to render, or (b) having commenced to render national service, leaves that service without obtaining a discharge under section 17, he shall be punished with imprisonment for a term which may extend to five years and also with fine which may extend to two thousand rupees. (2) Any person who— (a) in giving any information for the purposes of this Act, knowingly or recklessly makes a statement which is false in material particulars or which he does not believe to be true, or (b) (i) with the intention of deceiving, forges or uses or lends or allows to be used for any person any certificate issued under this Act, or (ii) makes, or has in his possession, any document so closely resembling any certificate so issued as to be calculated to deceive, shall be punished with imprisonment for a term not exceeding three years, or with fine not exceeding one thousand rupees, or with both. **26. General provision as to offences.—Any qualified person who contravenes any provision of this** Act for the contravention of which no penalty is separately specified in this Act, shall be punished with fine which may extend to five hundred rupees: Provided that in any proceedings for an offence punishable under this section, it shall be a defence for the accused to prove that he was prevented from complying with the provisions of this Act by circumstances beyond his control. **27. Offences by companies.—(1) Where any provision of this Act or of any order made thereunder is** contravened by a company, every person who at the time the contravention was made 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 had exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where any such offence has been committed and it is proved that the offence has been committed with the consent or connivance, or is attributable to, any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be 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. CHAPTER VII MISCELLANEOUS **28. Information to be furnished by Universities, etc.—It shall be the duty of every University or** other persons having the management of any University, school or other educational institution, to give to the Central Government, at its request, such information in their possession, or reasonably available to them, about persons receiving, or who have received education in engineering, technology, medical sciences or surgery as the Central Government may, by notification, specify in this behalf. **29. Information to be furnished by District Magistrate.—It shall be the duty of every District** Magistrate to give to the State Government such information in his possession about qualified persons within the local limits of his jurisdiction as may be prescribed, and it shall be the duty of every State Government to give to the Central Government all information in its possession about qualified persons in the State. **30. Priority of debts.—Notwithstanding anything contained in the Presidency Towns** Insolvency Act, 1909 (3 of 1909), the Provincial Insolvency Act, 1920 (5 of 1920), the Companies Act, 1956 (1 of 1956), or the Partnership Act, 1932 (9 of 1932), any compensation payable under this Act shall have priority over all other unsecured debts. **31. Summary trial of offences.—Notwithstanding anything contained in the Code of Criminal** Procedure, 1898 (5 of 1898), every offence punishable under this Act shall be tried summarily. **32. 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. **33. 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 rules, regulations or orders made thereunder. (2) No suit or other legal proceeding shall lie against the Central Government for any damage caused or likely to be caused for anything which is in good faith done or intended to be done in pursuance of this Act or any rules, regulations or orders made thereunder. **34. Removal of difficulties.—(1) If any difficulty arises in giving effect to the provisions of this Act,** the Central Government may make such order, not inconsistent with the provisions of this Act as may appear to it to be necessary for the purpose or removing the difficulty: Provided that no order shall be made under this sub-section after the expiry of a period of two years from the commencement of this Act. (2) Every order made under sub-section (1) shall be laid before both Houses of Parliament as soon as may be after it is made and the provisions of section 38 shall apply to such order as if it were a rule made under this Act. **35. Powers to delegate.—The Central Government may, by notification, direct that all or any of the** powers which may be exercised by it under this Act shall, in such circumstances and under such conditions, if any, as may be specified in the notification, be exercised also by any State Government or any other authority owned or controlled by the Central Government. **36. Power to make rules.—(1) The Central Government may, by notification, make rules for** carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the principles governing the calling up of persons for national service; (b) the form and contents of the National Service Register; (c) the form in which the certificate of registration is to be issued; ----- (d) the manner of notification of preference for any branch of the Armed Forces of the Union; (e) the manner of notification of change of name or address of, or acquisition of academic or professional qualification or distinctions by, a qualified person registered under this Act; (f) the circumstances under which fresh certificates of registration in place of certificates which have been lost, destroyed or defaced may be issued; (g) the form and contents of the notice for examination of physical and mental fitness; (h) the scale in accordance with which travelling and other allowances may be paid to medical or other authority or specialist or to any qualified person undergoing any examination of physical and mental fitness and the scale according to which compensation may be paid for loss of remunerative time; (i) the priorities in accordance with which qualified persons may be enlisted for national service; (j) the form and contents of the enlistment notice and the manner of service thereof; (k) the scales of salary, wages, allowances, pensions, disability and death compensations and other financial benefits admissible to those performing national service; (l) the scales of travelling allowances required to be paid under this Act; (m) the authority by which and conditions subject to which prior discharge from national service may be made; (n) the form of discharge certificate; (o) the manner of application for a certificate of postponement of liability to be called up for national service or for renewal thereof and the time within which such application for renewal should be made; (p) the conditions of reinstatement of persons released from employment in the national service and matters connected therewith; (q) further inquiry which may be made by the National Service (Hardship) Committee where reinstatement of qualified persons released from employment in the national service is refused or denied or where such reinstatement is represented to be impracticable; (r) the preservation of rights of provident fund, etc., of qualified persons rendering national service; (s) the information relating to qualified persons which every District Magistrate shall furnish to the State Government; (t) any other matter which is required to be, or may be prescribed under this Act. (3) Any rule made under this Act may provide that a contravention of the rule shall be punished with imprisonment for a term not exceeding six months, or with fine not exceeding one thousand rupees, or with both. **37. Power to make regulations.—The Central Government may make regulations not inconsistent** with this Act, to provide for all or any of the following matters, namely:— (a) enabling or requiring a qualified person to be transferred to any branch of the Armed Forces of the Union or to any other branch of national service; (b) examination of physical and mental fitness of qualified persons subject to registration under this Act; (c) determination of the categories in which qualified persons whose physical and mental fitness has been examined shall be placed by reference to their physical or mental conditions or both; (d) specification of the principles to be applied and the circumstances to be considered while hearing an application for the grant or renewal of a postponement certificate; ----- (e) specification of the period for which a postponement certificate may be granted or renewed; (f) any other matter for which regulations are required to be, or may be, made under this Act. **38. 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 to 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. -----

14-Jun-1972

30

The Delhi Lands (Restrictions on Transfer) Act, 1972

https://www.indiacode.nic.in/bitstream/123456789/1723/3/a1972-30.pdf

central

# THE DELHI LANDS (RESTRICTIONS ON TRANSFER) ACT, 1972 __________ ARRANGEMENT OF SECTIONS _____________ SECTIONS 1. Short title, extent and commencement. 2. Definitions. 3. Prohibition on transfer of lands acquired by Central Government. 4. Regulation on transfer of lands in relation to which acquisition proceedings have been initiated. 5. Application for grant of permission for transfer under section 4. 6. Appeals against orders of competent authority. 7. Period of operation of orders of refusal to grant permission to transfer land. 8. Restrictions on registration of transfers of land. 9. Penalty. 10. Offences by companies. 11. Power to make rules. 1 ----- # THE DELHI LANDS (RESTRICTIONS ON TRANSFER) ACT, 1972 ACT NO. 30 OF 1972 [14th June, 1972.] # An Act to impose certain restrictions on transfer of lands which have been acquired by the Central Government or in respect of which acquisition proceedings have been initiated by that Government, with a view to preventing large-scale transactions of purported transfers or, as the case may be, transfers of such lands to unwary public. BE it enacted by Parliament in the Twenty-third Year of the Republic of India as follows:— **1. Short title, extent and commencement.—(1) This Act may be called the Delhi Lands** (Restrictions on Transfer) Act, 1972. (2) It extends to the whole of the Union territory of Delhi. (3) It shall come into force at once. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “Administrator” means the administrator of the Union territory of Delhi appointed by the President under article 239 of the Constitution; (b) “competent authority” means any person or authority authorised by the Administrator, by notification in the Official Gazette, to perform the functions of the competent authority under this Act for such areas as may be specified in the notification; (c) “Development Act” means the Delhi Development Act, 1957 (61 of 1957); (d) “prescribed” means prescribed by rules made under this Act; (e) “Scheme” means the scheme of acquisition of land for the planned development of Delhi and includes any scheme, project or work to be implemented in pursuance of the provisions of the Delhi Master Plan as approved by the Central Government under sub-section (2) of section 9 of the Development Act. **3. Prohibition on transfer of lands acquired by Central Government.—No person shall purport to** transfer by sale, mortgage, gift, lease or otherwise any land or part thereof situated in the Union territory of Delhi, which has been acquired by the Central Government under the Land Acquisition Act, 1984 (1 of 1984), or under any other law providing for acquisition of land for a public purpose. **4. Regulation on transfer of lands in relation to which acquisition proceedings have been** **initiated.—No person shall, except with the previous permission in writing of the competent authority,** transfer or purport to transfer by sale, mortgage, gift, lease or otherwise any land or part thereof situated in the Union territory of Delhi, which is proposed to be acquired in connection with the Scheme and in relation to which a declaration to the effect that such land or part thereof is needed for a public purpose having been made by the Central Government under section 6 of the Land Acquisition Act, 1894 (1 of 1894), the Central Government has not withdrawn from the acquisition under section 48 of that Act. **5. Application for grant of permission for transfer under section 4.—(1) Any person desiring to** transfer any land referred to in section 4 by sale, mortgage, gift, lease or otherwise may make an application in writing to the competent authority containing such particulars as may be prescribed. (2) On receipt of an application under sub-section (1), the competent authority shall, after making such inquiries as it deems fit, may, by order in writing, grant or refuse to grant the permission applied for. 2 ----- (3) The competent authority shall not refuse to grant the permission applied for under this section except on one or more of the following grounds, namely:— (i) that the land is needed or is likely to be needed for the effective implementation of the Scheme; (ii) that the land is needed or is likely to be needed for securing the objects of the Delhi Development Authority referred to in section 6 of the Development Act; (iii) that the land is needed or is likely to be needed for any development within the meaning of clause (d) of section 2 of the Development Act or for such things as public buildings and other public works and utilities, roads, housing, recreation, industry, business, markets, schools and other educational institutions, hospitals and public open spaces and other categories of public uses. (4) Where the competent authority refuses to grant the permission applied for, it shall record in writing the reasons for doing so and a copy of the same shall be communicated to the applicant. (5) Where within a period of thirty days of the date of receipt of an application under this section the competent authority does not refuse to grant the permission applied for or does not communicate the refusal to the applicant, the competent authority shall be deemed to have granted the permission applied for. **6. Appeals against orders of competent authority.—(1) Any person aggrieved by an order of the** competent authority under section 5 may, within thirty days of the date of receipt of the order by him, file an appeal to the prescribed authority in such form and containing such particulars as may be prescribed. (2) On receipt of an appeal under sub-section (1), the prescribed authority shall, after giving the appellant an opportunity of being heard in the matter, dispose of the appeal as expeditiously as possible. (3) Every order made by the prescribed authority in appeal under this section shall be final. **7. Period of operation of orders of refusal to grant permission to transfer land.—Where the** competent authority has made any order under section 5 refusing to grant permission to transfer any land or where, an appeal having been filed against such order, the prescribed authority has made an order under section 6 confirming such order, then, the order refusing to grant permission to transfer such land shall be in operation only for a period of three years from the date of the order made by the competent authority or the prescribed authority, as the case may be, and thereafter, but subject to the provisions of section 3, it shall be lawful for the person who has applied for permission, or his successor-in-interest, to transfer such land by sale, mortgage, gift, lease or otherwise. _Explanation.—In computing the period of three years, under this section, in relation to any land, the_ period during which the acquisition proceedings in relation to such land have been stayed by any court shall be excluded. **8. Restrictions on registration of transfers of land.—Notwithstanding anything contained in any** other law for the time being in force, where any document required to be registered under the provisions of clause (a) to clause (e) of sub-section (1) of section 17 of the Registration Act, 1908 (16 of 1908), purports to transfer by sale, mortgage, gift, lease or otherwise any land or part thereof referred to in section 4, no registering officer appointed under that Act shall register any such document unless the transferor produces before such registering officer a permission in writing of the competent authority for such transfer. **9. Penalty.—If any person contravenes the provisions of section 3 or section 4, he shall be punishable** with imprisonment for a term which may extend to three years or with fine or with both. **10. 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 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: 3 ----- 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), when 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. **11. Power to make rules.—(1) The Administrator may, by notification in the Official Gazette, make** rules for carrying out the purposes of this Act. (2) Without prejudice to the generality of the foregoing provision, such rules may provide for all or any of the following matters, namely:— (a) the particulars which an application to be made under sub-section (1) of section 5 shall contain; (b) the authority to which an appeal may be filed under sub-section (1) of section 6, the form in which such appeal may be filed and the particulars which such appeal shall contain; (c) 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. 4 -----

21-Aug-1972

39

The Payment of Gratuity Act, 1972

https://www.indiacode.nic.in/bitstream/123456789/1703/1/A1972-39.pdf

central

# THE PAYMENT OF GRATUITY ACT, 1972 ______________ ARRANGEMENT OF SECTIONS _________ SECTIONS 1. Short title, extent, application and commencement. 2. Definitions. 2A. Continuous service. 3. Controlling authority. 4. Payment of gratuity. 4A. Compulsory insurance. 5. Power to exempt. 6. Nomination. 7. Determination of the amount of gratuity. 7A. Inspectors. 7B. Powers of Inspectors. 8. Recovery of gratuity. 9. Penalties. 10. Exemption of employer from liability in certain cases. 11. Cognizance of offences. 12. Protection of action taken in good faith. 13. Protection of gratuity. 14. Act to override other enactments, etc. 15. Power to make rules. 1 ----- # THE PAYMENT OF GRATUITY ACT, 1972 ACT NO. 39 OF 1972 [21st August, 1972.] # An Act to provide for a scheme for the payment of gratuity to employees engaged in factories, mines, oilfields, plantations, ports, railway companies, shops or other establishments and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Twenty-third Year of the Republic of India as follows:— **1. Short title, extent, application and commencement.—(1) This Act may be called the Payment of** Gratuity Act, 1972. (2) It extends to the whole of India: Provided that in so far as it relates to plantations or ports, it shall not extend to the State of Jammu and Kashmir*. (3) It shall apply to— (a) every factory, mine, oilfield, plantation, port and railway company; (b) every shop or establishment within the meaning of any law for the time being in force in relation to shops and establishments in a State, in which ten or more persons are employed, or were employed, on any day of the preceding twelve months; (c) such other establishments or class of establishments, in which ten or more employees are employed, or were employed, on any day of the preceding twelve months, as the Central Government may, by notification, specify in this behalf. 1[(3A) A shop or establishment to which this Act has become applicable shall continue to be governed by this Act notwithstanding that the number of persons employed therein at any time after it has become so applicable falls below ten.] (4) It shall come into force on such date[2] as the Central Government may, by notification, appoint. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “appropriate Government” means,— (i) in relation to an establishment— (a) belonging to, or under the control of, the Central Government, (b) having branches in more than one State, (c) of a factory belonging to, or under the control of, the Central Government, (d) of a major port, mine, oilfield or railway company, the Central Government, (ii) in any other case, the State Government; (b) “completed year of service” means continuous service for one year; 3[(c) “continuous service” means continuous service as defined in section 2A;] (d) “controlling authority” means an authority appointed by the appropriate Government under section 3; 1. Ins. by Act 26 of 1984, s. 2 (w.e.f. 18-5-1984). 2.16th September, 1972, vide notification No. S.O. 601(E), dated 16th September, 1972, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 3. Subs. by Act 26 of 1984, s. 3, for clause (c) and the Explanations (w.e.f. 18-5-1984). *. 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[(e) “employee” means any person (other than an apprentice) who is employed for wages, whether the terms of such employment are express or implied, in any kind of work, manual or otherwise, in or in connection with the work of a factory, mine, oilfield, plantation, port, railway company, shop or other establishment to which this Act applies, but does not include any such person who holds a post under the Central Government or a State Government and is governed by any other Act or by any rules providing for payment of gratuity;] (f) “employer” means, in relation to any establishment, factory, mine, oilfield, plantation, port, railway company or shop— (i) belonging to, or under the control of, the Central Government or a State Government, a person or authority appointed by the appropriate Government for the supervision and control of employees, or where no person or authority has been so appointed, the head of the Ministry or the Department concerned, (ii) belonging to, or under the control of, any local authority, the person appointed by such authority for the supervision and control of employees or where no person has been so appointed, the chief executive officer of the local authority, (iii) in any other case, the person, who, or the authority which, has the ultimate control over the affairs of the establishment, factory, mine, oilfield, plantation, port, railway company or shop, and where the said affairs are entrusted to any other person, whether called a manager, managing director or by any other name, such person; (g) “factory” has the meaning assigned to it in clause (m) of section 2 of the Factories Act, 1948 (63 of 1948); (h) “family”, in relation to an employee, shall be deemed to consist of— (i) in the case of a male employee, himself, his wife, his children, whether married or unmarried, his dependent parents [2][and the dependent parents of his wife and the widow] and children of his predeceased son, if any, (ii) in the case of a female employee, herself, her husband, her children, whether married or unmarried, her dependent parents and the dependent parents of her husband and the widow and children of her predeceased son, if any: 3* - - - - _Explanation.—Where the personal law of an employee permits the adoption by him of a_ child, any child lawfully adopted by him shall be deemed to be included in his family, and where a child of an employee has been adopted by another person and such adoption is, under the personal law of the person making such adoption, lawful, such child shall be deemed to be excluded from the family of the employee; (i) “major port” has the meaning assigned to it in clause (8) of section 3 of the Indian Ports Act, 1908 (15 of 1908); (j) “mine” has the meaning assigned to it in clause (j) of sub-section (1) of section 2 of the Mines Act, 1952 (35 of 1952); 4[(k) “notification” means a notification published in the Official Gazette and the expression “notified” shall be construed accordingly]; (l) “oilfield” has the meaning assigned to it in clause (e) of section 3 of the Oilfields (Regulation and Development) Act, 1948 (53 of 1948); 1. Subs. by Act 47 of 2009, s. 2, for clause (e) (w.e.f. 3-4-1997). 2. Subs. by Act 22 of 1987, s. 2, for “and the widow” (w.e.f. 1-10-1987). 3. The proviso omitted by s. 2, ibid. (w.e.f. 1-10-1987). 4. Subs. by Act 12 of 2018, s. 2, for clause (k) (w.e.f. 29-3-2018). 3 ----- (m) “plantation” has the meaning assigned to it in clause (f) of section 2 of the PlantationsLabour Act, 1951 (69 of 1951); (n) “port” has the meaning assigned to it in clause (4) of section 3 of the Indian Ports Act, 1908 (15 of 1908); (o) “prescribed” means prescribed by rules made under this Act; (p) “railway company” has the meaning assigned to it in clause (5) of section 3 of the Indian Railways Act, 1890 (9 of 1890); (q) “retirement” means termination of the service of an employee otherwise than on superannuation; 1[(r) “superannuation”, in relation to an employee, means the attainment by the employee of such age as is fixed in the contract or conditions of service as the age on the attainment of which the employee shall vacate the employment;] (s) “wages” means all emoluments which are earned by an employee while on duty or on leave in accordance with the terms and conditions of his employment and which are paid or are payable to him in cash and includes dearness allowance but does not include any bonus, commission, house rent allowance, overtime wages and any other allowance. 2[2A. Continuous service.—For the purposes of this Act,— (1) an employee shall be said to be in continuous service for a period if he has, for that period, been in uninterrupted service, including service which may be interrupted on account of sickness, accident, leave, absence from duty without leave (not being absence in respect of which an order [3]*** treating the absence as break in service has been passed in accordance with the standing orders, rules or regulations governing the employees of the establishment), lay-off, strike or a lock-out or cessation of work not due to any fault of the employee, whether such uninterrupted or interrupted service was rendered before or after the commencement of this Act; (2) where an employee (not being an employee employed in a seasonal establishment) is not in continuous service within the meaning of clause (1), for any period of one year or six months, he shall be deemed to be in continuous service under the employer— (a) for the said period of one year, if the employee during the period of twelve calendar months preceding the date with reference to which calculation is to be made, has actually worked under the employer for not less than— (i) one hundred and ninety days, in the case of an employee employed below the ground in a mine or in an establishment which works for less than six days in a week; and (ii) two hundred and forty days, in any other case; (b) for the said period of six months, if the employee during the period of six calendar months preceding the date with reference to which the calculation is to be made, has actually worked under the employer for not less than— (i) ninety-five days, in the case of an employee employed below the ground in a mine or in an establishment which works for less than six days in a week; and (ii) one hundred and twenty days, in any other case. 1. Subs. by Act 25 of 1984, s. 2, for clause (r) (w.e.f. 1-7-1984). 2. Ins. by Act 26 of 1984, s. 4 (w.e.f. 18-5-1984). 3. The words “imposing a punishment or penalty or” omitted by Act 22 of 1987, s. 3 (w.e.f. 1-10-1987). 4 ----- 1[Explanation.—For the purposes of clause (2), the number of days on which an employee has actually worked under an employer shall include the days on which— (i) he has been laid-off under an agreement or as permitted by standing orders made under the Industrial Employment (Standing Orders) Act, 1946 (20 of 1946), or under the Industrial Disputes Act, 1947 (14 of 1947), or under any other law applicable to the establishment; (ii) he has been on leave with full wages, earned in the previous year; (iii) he has been absent due to temporary disablement caused by accident arising out of and in the course of his employment; and (iv) in the case of a female, she has been on maternity leave; so, however, that the total period of such maternity leave does not exceed [2][such period as may be notified by the Central Government from time to time];] (3) where an employee, employed in a seasonal establishment, is not in continuous service within the meaning of clause (1), for any period of one year or six months, he shall be deemed to be in continuous service under the employer for such period if he has actually worked for not less than seventy-five per cent. of the number of days on which the establishment was in operation during such period.] **3. Controlling authority.—The appropriate Government may, by notification, appoint any officer to** be a controlling authority, who shall be responsible for the administration of this Act and different controlling authorities may be appointed for different areas. **4. Payment of gratuity.—(1) Gratuity shall be payable to an employee on the termination of his** employment after he has rendered continuous service for not less than five years,— (a) on his superannuation, or (b) on his retirement or resignation, or (c) on his death or disablement due to accident or disease: Provided that the completion of continuous service of five years shall not be necessary where the termination of the employment of any employee is due to death or disablement: 3[Provided further that in the case of death of the employee, gratuity payable to him shall be paid to his nominee or, if no nomination has been made, to his heirs, and where any such nominees or heirs is a minor, the share of such minor, shall be deposited with the controlling authority who shall invest the same for the benefit of such minor in such bank or other financial institution, as may be prescribed, until such minor attains majority.] _Explanation.—For the purposes of this section, disablement means such disablement as incapacitates_ an employee for the work which he was capable of performing before the accident or disease resulting in such disablement. (2) For every completed year of service or part thereof in excess of six months, the employer shall pay gratuity to an employee at the rate of fifteen days’ wages based on the rate of wages last drawn by the employee concerned: Provided that in the case of a piece-rated employee, daily wages shall be computed on the average of the total wages received by him for a period of three months immediately preceding the termination of his employment, and, for this purpose, the wages paid for any overtime work shall not be taken into account: 1. Explanation inserted by Act 22 of 1987, s. 3 (w.e.f. 1-10-1987). 2. Subs. by Act 12 of 2018, s. 3, for “twelve weeks” (w.e.f. 29-3-2018). 3. Subs. by Act 22 of 1987, s. 4, for the second proviso (w.e.f. 1-10-1987). 5 ----- Provided further that in the case of [1][an employee who is employed in a seasonal establishment and who is not so employed throughout the year], the employer shall pay the gratuity at the rate of seven days’ wages for each season. 2[Explanation.—In the case of a monthly rated employee, the fifteen days’ wages shall be calculated by dividing the monthly rate of wages last drawn by him by twenty-six and multiplying the quotient by fifteen.] (3) The amount of gratuity payable to an employee shall not exceed [3][ [4][such amount as may be notified by the Central Government from time to time] ]. (4) For the purpose of computing the gratuity payable to an employee who is employed, after his disablement, on reduced wages, his wages for the period preceding his disablement shall be taken to be the wages received by him during that period, and his wages for the period subsequent to his disablement shall be taken to be the wages as so reduced. (5) Nothing in this section shall affect the right of an employee receive better terms of gratuity under any award or agreement or contract with the employer. (6) Notwithstanding anything contained in sub-section (1),— (a) the gratuity of an employee, whose services have been terminated for any act, wilful omission or negligence causing any damage or loss to, or destruction of, property belonging to the employer, shall be forfeited to the extent of the damage or loss so caused; (b) the gratuity payable to an employee [5][may be wholly or partially forfeited]— (i) if the services of such employee have been terminated for his riotous or disorderly conduct or any other act violence on his part, or (ii) if the services of such employee have been terminated for any act which constitutes an offence involving moral turpitude, provided that such offence is committed by him in the course of his employment. 6* - - - 7[4A. Compulsory insurance.—(1) With effect from such date as may be notified by the appropriate Government in this behalf, every employer, other than an employer or an establishment belonging to, or under the control of, the Central Government or a State Government, shall, subject to the provisions of sub-section (2), obtain an insurance in the manner prescribed, for his liability for payment towards the gratuity under this Act, from the Life Insurance Corporation of India established under the Life Insurance Corporation of India Act, 1956 (31 of 1956) or any other prescribed insurer: Provided that different dates may be appointed for different establishments or class of establishments or for different areas. (2) The appropriate Government may, subject to such conditions as may be prescribed, exempt every employer who had already established an approved gratuity fund in respect of his employees and who desires to continue such arrangement, and every employer employing five hundred or more persons who establishes an approved gratuity fund in the manner prescribed from the provisions of sub-section (1). (3) For the purpose of effectively implementing the provisions of this section, every employer shall within such time as may be prescribed get his establishment registered with the controlling authority in the prescribed manner and no employer shall be registered under the provisions of this section unless he 1. Subs. by Act 25 of 1984, s. 3, for “an employee employed in a seasonal establishment” (w.e.f. 1-7-1984). 2. Explanation inserted by Act 22 of 1987, s. 4 (w.e.f. 1-10-1987). 3. Subs. by Act 15 of 2010, s. 2, for “three lakhs and fifty thousand rupees” (w.e.f. 24-5-2010). 4. Subs. by Act 12 of 2018, s. 4, for “ten lakh rupees” (w.e.f. 29-3-2018). 5. Subs. by Act 25 of 1984, s. 3, for “shall be wholly forfeited” (w.e.f. 1-7-1984). 6. Sub-section (7) omitted by Act 34 of 1994, s. 3 (w.e.f. 24-5-1994). 7. Ins. by Act 22 of 1987, s. 5. 6 ----- has taken an insurance referred to in sub-section (1) or has established an approved gratuity fund referred to in sub-section (2). (4) The appropriate Government may, by notification, make rules to give effect to the provisions of this section and such rules may provide for the composition of the Board of Trustees of the approved gratuity fund and for the recovery by the controlling authority of the amount of the gratuity payable to an employee from the Life Insurance Corporation of India or any other insurer with whom an insurance has been taken under sub-section (1), or as the case may be, the Board of Trustees of the approved gratuity fund. (5) Where an employer fails to make any payment by way of premium to the insurance referred to in sub-section (1) or by way of contribution to an approved gratuity fund referred to in sub-section (2), he shall be liable to pay the amount of gratuity due under this Act (including interest, if any, for delayed payments) forthwith to the controlling authority. (6) Whoever contravenes the provisions of sub-section (5) shall be punishable with fine which may extend to ten thousand rupees and in the case of a continuing offence with a further fine which may extend to one thousand rupees for each day during which the offence continues. _Explanation.—In this section “approved gratuity fund” shall have the same meaning as in clause (5)_ of section 2 of the Income-tax Act, 1961 (43 of 1961).] **5. Power to exempt.—[1][(1)] The appropriate Government may, by notification, and subject to such** conditions as may be specified in the notification, exempt any establishment, factory, mine, oilfield, plantation, port, railway company or shop to which this Act applies from the operation of the provisions of this Act if, in the opinion of the appropriate Government, the employees in such establishment, factory, mine, oilfield, plantation, port, railway company or shop are in receipt of gratuity or pensionary benefits not less favourable than the benefits conferred under this Act. 2[(2) The appropriate Government may, by notification and subject to such conditions as may be specified in the notification, exempt any employee or class of employees employed in any establishment, factory, mine, oilfield, plantation, port, railway company or shop to which this Act applies from the operation of the provisions of this Act, if, in the opinion of the appropriate Government, such employee or class of employees are in receipt of gratuity or pensionary benefits not less favourable than the benefits conferred under this Act.] 3[(3) A notification issued under sub-section (1) or sub-section (2) may be issued retrospectively a date not earlier than the date of commencement of this Act, but no such notification shall be issued so as to prejudicially affect the interests of any person.] **6. Nomination.—(1) Each employee, who has completed one year of service, shall make, within such** time, in such form and in such manner, as may be prescribed, nomination for the purpose of the second proviso to sub-section (1) of section 4. (2) An employee may, in his nomination, distribute the amount of gratuity payable to him under this Act amongst more than one nominee. (3) If an employee has a family at the time of making a nomination, the nomination shall be made in favour of one or more members of his family, and any nomination made by such employee in favour of a person who is not a member of his family shall be void. (4) If at the time of making a nomination the employee has no family, the nomination may be made in favour of any person or persons but if the employee subsequently acquires a family, such nomination shall forthwith become invalid and the employee shall make, within such time as may be prescribed, a fresh nomination in favour of one or more members of his family. 1. Section 5 renumbered as sub-section (1) thereof by Act 26 of 1984, s. 5 (w.e.f. 18-5-1984). 2. Ins. by s. 5, ibid. (w.e.f. 18-5-1984). 3. Ins. by Act 22 of 1987, s. 6 (w.e.f. 1-10-1987). 7 ----- (5) A nomination may, subject to the provisions of sub-sections (3) and (4), be modified by an employee at any time, after giving to his employer a written notice in such form and in such manner as may be prescribed, of his intention to do so. (6) If a nominee predeceases the employee, the interest of the nominee shall revert to the employee who shall make a fresh nomination, in the prescribed form, in respect of such interest. (7) Every nomination, fresh nomination or alteration of nomination, as the case may be, shall be sent by the employee to his employer, who shall keep the same in his safe custody. **7. Determination of the amount of gratuity.—(1) A person who is eligible for payment of gratuity** under this Act or any person authorised, in writing, to act on his behalf shall send a written application to the employer, within such time and in such form, as may be prescribed, for payment of such gratuity. (2) As soon as gratuity becomes payable, the employer shall, whether an application referred to in sub-section (1) has been made or not, determine the amount of gratuity and give notice in writing to the person to whom the gratuity is payable and also to the controlling authority specifying the amount of gratuity so determined. 1[(3) The employer shall arrange to pay the amount of gratuity within thirty days from the date it becomes payable to the person to whom the gratuity is payable. (3A) If the amount of gratuity payable under sub-section (3) is not paid by the employer within the period specified in sub-section (3), the employer shall pay, from the date on which the gratuity becomes payable to the date on which it is paid, simple interest at such rate, not exceeding the rate notified by the Central Government from time to time for repayment of long-term deposits, as that Government may, by notification specify: Provided that no such interest shall be payable if the delay in the payment is due to the fault of the employee and the employer has obtained permission in writing from the controlling authority for the delayed payment on this ground.] (4)(a) If there is any dispute as to the amount of gratuity payable to an employee under this Act or as to the admissibility of any claim of, or in relation to, an employee for payment of gratuity, or as to the person entitled to receive the gratuity, the employer shall deposit with the controlling authority such amount as he admits to be payable by him as gratuity. 2* - - - 3[(b) Where there is a dispute with regard to any matter or matters specified in clause (a), the employer or employee or any other person raising the dispute may make an application to the controlling authority for deciding the dispute.] 4[(c) The controlling authority shall, after due inquiry and after giving the parties to the dispute a reasonable opportunity of being heard, determine the matter or matters in dispute and if, as a result of such inquiry any amount is found to be payable to the employee, the controlling authority shall direct the employer to pay such amount or, as the case may be, such amount as reduced by the amount already deposited by the employer.] 5[(d)] The controlling authority shall pay the amount deposited, including the excess amount, if any, deposited by the employer, to the person entitled thereto. 6[(e)] As soon as may be after a deposit is made under clause (a), the controlling authority shall pay the amount of the deposit— (i) to the applicant where he is the employee; or 1. Subs. by Act 22 of 1987, s. 7, for sub-section (3) (w.e.f. 1-10-1987). 2. The Explanation omitted by Act 25 of 1984, s. 4 (w.e.f. 1-7-1984). 3. Ins. by s. 4, ibid. (w.e.f. 1-7-1984). 4. Subs. by s. 4, ibid., for clause (c) (w.e.f. 1-7-1984). 5. Clause (c) re-lettered as clause (d) thereof by s. 4, ibid. (w.e.f. 1-7-1984). 6. Clause (d) re-lettered as clause (e) thereof by s. 4, ibid. (w.e.f. 1-7-1984). 8 ----- (ii) where the applicant is not the employee, to the [1][nominee or, as the case may be, the guardian of such nominee or] heir of the employee if the controlling authority is satisfied that there is no dispute as to the right of the applicant to receive the amount of gratuity. (5) For the purpose of conducting an inquiry under sub-section (4), the controlling authority shall have the same powers as are vested in a court, while trying a suit, under the Code of Civil Procedure, 1908 (5 of 1908), 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 affidavits; (d) issuing commissions for the examination of witnesses. (6) Any inquiry under this section shall 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). (7) Any person aggrieved by an order under sub-section (4) may, within sixty days from the date of the receipt of the order, prefer an appeal to the appropriate Government or such other authority as may be specified by the appropriate Government in this behalf: Provided that the appropriate Government or the appellate authority, as the case may be, may, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within the said period of sixty days, extend the said period by a further period of sixty days: 2[Provided further that no appeal by an employer shall be admitted unless at the time of preferring the appeal, the appellant either produces a certificate of the controlling authority to the effect that the appellant has deposited with him an amount equal to the amount of gratuity required to be deposited under sub-section (4), or deposits with the appellate authority such amount.] (8) The appropriate Government or the appellate authority, as the case may be, may, after giving the parties to the appeal a reasonable opportunity of being heard, confirm, modify or reverse the decision of the controlling authority. 3[7A. Inspectors.—(1) The appropriate Government may, by notification, appoint as many Inspectors, as it deems fit, for the purposes of this Act. (2) The appropriate Government may, by general or special order, define the area to which the authority of an Inspector so appointed shall extend and where two or more Inspectors are appointed for the same area, also provide by such order, for the distribution or allocation of work to be performed by them under this Act. (3) Every Inspector shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860). **7B. Powers of Inspectors.—(1) Subject to any rules made by the appropriate Government in this** behalf, an Inspector may, for the purpose of ascertaining whether any of the provisions of this Act or the conditions, if any, of any exemption granted thereunder, have been complied with, exercise all or any of the following powers, namely:— (a) require an employer to furnish such information as he may consider necessary; (b) enter and inspect, at all reasonable hours, with such assistants (if any), being persons in the service of the Government or local or any public authority, as he thinks fit, any premises of or place in any factory, mine, oilfield, plantation, port, railway company, shop or other establishment to which this Act, applies, for the purpose of examining any register, record or notice or other document required to be kept or exhibited under this Act or the rules made thereunder, or otherwise kept or 1. Subs. by Act 25 of 1984, s. 4, for “nominee” (w.e.f. 1-7-1984). 2. The proviso ins. by s. 4, ibid. (w.e.f. 1-7-1984). 3. Ins. by s. 5, ibid. (w.e.f. 1-7-1984). 9 ----- exhibited in relation to the employment of any person or the payment of gratuity to the employees, and require the production thereof for inspection; (c) examine with respect to any matter relevant to any of the purposes aforesaid, the employer or any person whom he finds in such premises or place and who, he has reasonable cause to believe, is an employee employed therein; (d) make copies of, or take extracts from, any register, record, notice or other document, as he may consider relevant, and where he has reason to believe that any offence under this Act has been committed by an employer, search and seize with such assistance as he may think fit, such register, record, notice or other document as he may consider relevant in respect of that offence; (e) exercise such other powers as may be prescribed. (2) Any person required to produce any register, record, notice or other document or to give any information by an Inspector under sub-section (1) shall be deemed to be legally bound to do so within the meaning of sections 175 and 176 of the Indian Penal Code (45 of 1860). (3) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974) shall so far as may be, apply to any search or seizure under this section as they apply to any search or seizure made under the authority of a warrant issued under section 94 of that Code.] **8. Recovery of gratuity.—If the amount of gratuity payable under this Act is not paid by the** employer, within the prescribed time, to the person entitled thereto, the controlling authority shall, on an application made to it in this behalf by the aggrieved person, issue a certificate for that amount to the Collector, who shall recover the same, together with compound interest thereon [1][at such rate as the Central Government may, by notification, specify], from the date of expiry of the prescribed time, as arrears of land revenue and pay the same to the person entitled thereto: 2[Provided that the controlling authority shall, before issuing a certificate under this section, give the employer a reasonable opportunity of showing cause against the issue of such certificate: Provided further that the amount of interest payable under this section shall, in no case exceed the amount of gratuity payable under this Act.] **9. Penalties.—(1) Whoever, for the purpose of avoiding any payment to be made by himself under** this Act 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 six months, or with fine which may extend to [3][ten thousand rupees], or with both. (2) An employer who contravenes, or makes default in complying with, any of the provisions of this Act or any rule or order made thereunder shall be punishable with imprisonment for a term [4][which shall not be less than three months but which may extend to one year, or with fine which shall not be less than ten thousand rupees but which may extend to twenty thousand rupees, or with both]: Provided that where the offence relates to non-payment of any gratuity payable under this Act, the employer shall be punishable with imprisonment for a term which shall not be less than [5][six months but which may extend to two years] unless the court trying the offence, for reasons to be recorded by it in writing, is of opinion that a lesser term of imprisonment or the imposition of a fine would meet the ends of justice. **10. Exemption of employer from liability in certain cases.—Where an employer is charged with an** offence punishable under this Act, he shall be entitled, upon complaint duly made by him and on giving to the complainant not less than three clear days' notice in writing of his intention to do so, to have any other person whom he charges as the actual offender brought before the court at the time appointed for 1. Subs. by Act 22 of 1987, s. 8, for “at the rate of nine per cent. per annum” (w.e.f. 1-10-1987). 2. The provisos inserted by s. 8, ibid. (w.e.f. 1-10-1987). 3. Subs. by s. 9, ibid., for “one thousand rupees” (w.e.f. 1-10-1987). 4. Subs. by s. 9, ibid., for certain words (w.e.f. 1-10-1987). 5. Subs. by s. 9, ibid., for “three months” (w.e.f. 1-10-1987). 10 ----- hearing the charge; and if, after the commission of the offence has been proved, the employer 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 employer and the employer shall be discharged from any liability under this Act in respect of such offence: Provided that in seeking to prove as aforesaid, 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 as the actual offender and by the prosecutor: Provided further that, if the person charged as the actual offender by the employer 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 employer and shall, if the offence be proved, convict the employer. **11. Cognizance of offences.—(1) No court shall take cognizance of any offence punishable under** this Act save on a complaint made by or under the authority of the appropriate Government: Provided that where the amount of gratuity has not been paid, or recovered, within six months from the expiry of the prescribed time, the appropriate Government shall authorise the controlling authority to make a complaint against the employer, whereupon the controlling authority shall, within fifteen days from the date of such authorisation, make such complaint to a magistrate having jurisdiction to try the offence. (2) No court inferior to that of a [1][Metropolitain magistrate or a Judicial Magistrate of the first class] shall try any offence punishable under this Act. **12. Protection of action taken in good faith.—No suit or other legal proceeding shall lie against the** controlling authority or any other person in respect of anything which is in good faith done or intended to be done under this Act or any rule or order made thereunder. **13. Protection of gratuity.—No gratuity payable under this Act** [2][and no gratuity payable to an employee employed in any establishment, factory, mine, oilfield, plantation, port, railway company or shop exempted under section 5] shall be liable to attachment in execution of any decree or order of any civil, revenue or criminal court. **14. Act to override other enactments, etc.—The provisions of this Act or any rule made thereunder** shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or in any instrument or contract having effect by virtue of any enactment other than this Act. **15. Power to make rules.—(1) The appropriate Government may, by notification, make rules for the** purpose of carrying 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. 1. Subs. by Act 34 of 1994, s. 4, for “Presidency Magistrate or a Magistrate of the first class” (w.e.f. 24-5-1994). 2. Ins. by Act 25 of 1984, s. 6 (w.e.f. 1-7-1984). 11 -----

29-Aug-1972

43

The Diplomatic Relations (Vienna Convention) Act, 1972

https://www.indiacode.nic.in/bitstream/123456789/1721/3/A1972-43.pdf

central

# THE DIPLOMATIC RELATIONS (VIENNA CONVENTION) ACT, 1972 ___________ ARRANGEMENT OF SECTIONS __________ SECTIONS 1. Short title and extent. 2. Application of Vienna Convention on Diplomatic Relations. 3. Application of certain privileges and immunities to diplomatic missions and their members pursuant to international agreement. 4. Restrictions on privileges and immunities. 5. Waiver. 6. Restrictions on certain exemptions from customs duty, etc. 7. Privileges and immunities of citizens of India. 8. Restrictions on entry into diplomatic premises. 9. Evidence. 10. Power to make rules. 11. Notifications issued and rules made under this Act to be laid before Parliament. THE SCHEDULE. 1 ----- # THE DIPLOMATIC RELATIONS (VIENNA CONVENTION) ACT, 1972 ACT NO. 43 OF 1972 [29th August, 1972.] # An Act to give effect to the Vienna Convention on Diplomatic Relations, 1961 and to provide for matters connected therewith. BE it enacted by Parliament in the Twenty-third Year of the Republic of India as follows:— **1. Short title and extent.—(1) This Act may be called the Diplomatic Relations (Vienna** Convention) Act, 1972. (2) It extends to the whole of India. **2. Application of Vienna Convention on Diplomatic Relations.—(1) Notwithstanding anything to** the contrary contained in any other law, the provisions set out in the Schedule to this Act of the Vienna Convention on Diplomatic Relations, adopted by the United Nations Conference on Diplomatic Intercourse and Immunities on the 14th day of April, 1961, shall have the force of law in India. (2) The Central Government may, from time to time, by notification in the Official Gazette, amend the Schedule in conformity with any amendments, duly made and adopted, of the provisions of the said Convention set out therein. **3. Application of certain privileges and immunities to diplomatic missions and their members** **pursuant to international agreement.—Where in pursuance of any agreement, convention or other** instrument it is necessary to accord to any diplomatic mission and its members, the sending State of which is not a party to the Vienna Convention on Diplomatic Relations, 1961, or to any other special mission and its members, privileges and immunities in India similar to those contained in the provisions set out in the Schedule, the Central Government may, by notification in the Official Gazette, declare that the provisions set out in the Schedule shall, subject to such modifications, if any, as it may consider necessary or expedient for giving effect to the said agreement, convention or other instrument, apply _mutatis mutandis to the diplomatic mission and its members, or to the other special mission and its_ members, as the case may be, and thereupon the said provisions shall apply accordingly, and notwithstanding anything to the contrary contained in any other law, shall in such application have the force of law in India. **4. Restrictions on privileges and immunities.—If it appears to the Central Government that a State** which is a party to the Vienna Convention on Diplomatic Relations, 1961 is in breach of its obligations arising thereunder or, that the privileges and immunities accorded to an Indian Mission or members thereof in the territory of any State which is a party to the Vienna Convention on Diplomatic Relations, 1961, are less than those conferred by this Act on the Diplomatic mission of that State or members thereof, the Central Government may, notwithstanding anything contained in this Act, by notification in the Official Gazette, withdraw such of the privileges and immunities so conferred from the diplomatic mission of that State or from members thereof as may appear to the Central Government to be proper. **5. Waiver.—For the purpose of article 32 of the Convention set out in the Schedule, a waiver by the** head of the mission of any State or any person for the time being performing his functions shall be deemed to be a waiver by that State. **6. Restrictions on certain exemptions from customs duty, etc.—Nothing contained in article 36 of** the Convention set out in the Schedule shall be construed to entitle a diplomatic mission or member thereof to import into India goods free of any duty of customs without any restrictions on their subsequent sale therein. **7. Privileges and immunities of citizens of India.—For the purpose of article 38 of the Convention** set out in the Schedule, a citizen of India shall be entitled only to such additional privileges and immunities, other than those set out in that article, as are granted to him by the Central Government by notification in the Official Gazette. 2 ----- **8. Restrictions on entry into diplomatic premises.—No public servant or agent of the Central** Government, a State Government or any public authority shall enter the premises of a diplomatic mission for the purpose of serving legal process, except with the consent of the head of the mission. Such consent may be obtained through the Ministry of External Affairs of the Government of India. **9. Evidence.—If in any proceedings any question arises whether or not any person is entitled to any** privilege or immunity under this Act, a certificate issued by or under the authority of the Secretary to the Government of India in the Ministry of External Affairs stating any fact relating to that question shall be conclusive evidence of that fact. **10. Power to make rules.—The Central Government may** [1][by notification in the Official Gazette,] make rules for carrying out the purposes of this Act. **11. Notifications issued and rules made under this Act to be laid before Parliament.—Every** notification issued and every rule made under this Act shall be laid as soon as may be after it is issued or made before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the notification or, as the case may be, in the rule, or both Houses agree that the notification or rule should not be issued or made, the notification or 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 notification or rule. 1. Ins. by Act 4 of 1986, s. 2 (w.e.f. 15-5-1986). 3 ----- THE SCHEDULE (See section 2) PROVISIONS OF THE VIENNA CONVENTION ON DIPLOMATIC RELATIONS, 1961— WHICH SHALL HAVE FORCE OF LAW _Article 1_ For the purpose of the present Convention, the following expressions shall have the meaning hereunder assigned to them: (a) the “head of the mission” is the person charged by the sending State with the duty of acting in that capacity; (b) the “members of the mission” are the head of the mission and the members of the staff of the mission; (c) the “members of the staff of the mission” are the members of the diplomatic staff, of the administrative and technical staff and of the service staff of the mission; (d) the “members of the diplomatic staff” are the members of the staff of the mission having diplomatic rank; (e) a “diplomatic agent” is the head of the mission or a member of the diplomatic staff of the mission; (f) the “members of the administrative and technical staff” are the members of the staff of the mission employed in the administrative and technical service of the mission; (g) the “members of the service staff” are the members of the staff of the mission in the domestic service of the mission; (h) a “private servant” is a person who is in the domestic service of a member of the mission and who is not an employee of the sending State; (i) the “premises of the mission” are the buildings or parts of buildings and the land ancillary thereto, irrespective of ownership, used for the purpose of the mission including the residence of the head of the mission. _Article 22_ 1. The premises of the mission shall be inviolable, the agents of the receiving State may not enter them except with the consent of the head of the mission. 2. The receiving State is under a special duty to take all appropriate steps to protect the premises of the mission against any intrusion or damage and to prevent any disturbance of the peace of the mission or impairment of its dignity. 3. The premises of the mission, their furnishings and other property thereon and the means of transport of the mission shall be immune from search, requisition, attachment or execution. _Article 23_ 1. The sending State and the head of the mission shall be exempt from all national, regional or municipal dues and taxes in respect of the premises of the mission, whether owned or leased, other than such as represent payment for specific services rendered. 2. The exemption from taxation referred to in this article shall not apply to such dues and taxes payable under the law of the receiving State by persons contracting with the sending State or the head of the mission. _Article 24_ The archives and documents of the mission shall be inviolable at any time and wherever they may be. 4 ----- _Article 27_ 1. The receiving State shall permit and protect free communication on the part of the mission for all official purposes. In communicating with the Government and the other missions and consulates of the sending State, wherever situated, the mission may employ all appropriate means, including diplomatic couriers and messages in code or cipher. However, the mission may install and use a wireless transmitter only with the consent of the receiving State. 2. The official correspondence of the mission shall be inviolable. Official correspondence means all correspondence relating to the mission and its functions. 3. The diplomatic bag shall not be opened or detained. 4. The packages constituting the diplomatic bag must bear visible external marks of their character and may contain only diplomatic documents or articles intended for official use. 5. The diplomatic courier, who shall be provided with an official document indicating his status and the number of packages constituting the diplomatic bag, shall be protected by the receiving State in the performance of his functions. He shall enjoy personal inviolability and shall not be liable to any form of arrest or detention. 6. The sending State or the mission may designate diplomatic couriers _ad hoc. In such cases the_ provisions of paragraph 5 of this article shall also apply, except that the immunities therein mentioned shall cease to apply when such a courier has delivered to the consignee the diplomatic bag in his charge. 7. A diplomatic bag may be entrusted to the captain of a commercial aircraft scheduled to land at an authorized port of entry. He shall be provided with an official document indicating the number of packages constituting the bag but he shall not be considered to be a diplomatic courier. The mission may send one of its members to take possession of the diplomatic bag directly and freely from the captain of the aircraft. _Article 28_ The fees and charges levied by the mission in the course of its official duties shall be exempt from all dues and taxes. _Article 29_ The person of a diplomatic agent shall be inviolable. He shall not be liable to any form of arrest or detention. The receiving State shall treat him with due respect and shall take all appropriate steps to prevent any attack on his person, freedom or dignity. _Article 30_ 1. The private residence of a diplomatic agent shall enjoy the same inviolability and protection as the premises of the mission. 2. His papers, correspondence and, except as provided in paragraph 3 of article 31, his property, shall likewise enjoy inviolability. _Article 31_ 1. A diplomatic agent shall enjoy immunity from the criminal Jurisdiction of the receiving State. He shall also enjoy immunity from its civil and administrative jurisdiction, except in the case of: (a) a real action relating to private immovable property situated in the territory of the receiving State, unless he holds it on behalf of the sending State for the purposes of the mission; (b) an action relating to succession in which the diplomatic agent is involved as executor, administrator, heir or legatee as a private person and not on behalf of the sending State; (c) an action relating to any professional or commercial activity exercised by the diplomatic agent in the receiving State outside his official functions. 5 ----- 2. A diplomatic agent is not obliged to give evidence as a witness. 3. No measures of execution may be taken in respect of a diplomatic agent except in the cases coming under sub-paragraphs (a), (b) and (c) of paragraph 1 of this article, and provided that the measures concerned can be taken without infringing the inviolability of his person or of his residence. 4. The immunity of a diplomatic agent from the jurisdiction of the receiving State does not exempt him from the jurisdiction of the sending State. _Article 32_ 1. The immunity from jurisdiction of diplomatic agents and of persons enjoying immunity under article 37 may be waived by the sending State. 2. Waiver must always be express. 3. The initiation of proceedings by a diplomatic agent or by a person enjoying immunity from jurisdiction under article 37 shall preclude him from invoking immunity from jurisdiction in respect of any counter-claim directly concerned with the principal claim. 4. Waiver of immunity from jurisdiction in respect of civil or administrative proceedings shall not be held to imply waiver of immunity in respect of the execution of the judgment, for which a separate waiver shall be necessary. _Article 33_ 1. Subject to the provisions of paragraph 3 of this article, a diplomatic agent shall with respect to services rendered for the sending State be exempt from social security provisions which may be in force in the receiving State. 2. The exemption provided for in paragraph 1 of this article shall also apply to private servants who are in the sole employ of diplomatic agent, on condition: (a) that they are not nationals of or permanently resident in the receiving State; and (b) that they are covered by the social security provisions which may be in force in the sending State or a third State. 3. A diplomatic agent who employs persons to whom the exemption provided for in paragraph 2 of this article does not apply shall observe the obligations which the social security provisions of the receiving State impose upon employers. 4. The exemption provided for in paragraphs 1 and 2 of this article shall not preclude voluntary participation in the social security system of the receiving State provided that such participation is permitted by that State. 5. The provisions of this article shall not affect bilateral or multilateral agreements concerning social security concluded previously and shall not prevent the conclusion of such agreements in the future. _Article 34_ A diplomatic agent shall be exempt from all dues and taxes, personal or real, national, regional or municipal, except: (a) indirect taxes of a kind which are normally incorporated in the price of goods or services; (b) dues and taxes on private immovable property situated in the territory of the receiving State, unless he holds it on behalf of the sending State for the purposes of the mission; (c) estate, succession or inheritance duties levied by the receiving State, subject to the provisions of paragraph 4 of article 39; (d) dues and taxes on private income having its source in the receiving State and capital taxes on investments made in commercial undertakings in the receiving State; (e) charges levied for specific services rendered; 6 ----- (f) registration, court or record fees, mortgage dues and stamp duty, with respect to immovable property, subject to the provisions of article 23. _Article 35_ The receiving State shall exempt diplomatic agents from all personal services, from all public service of any kind whatsoever, and from military obligations such as those connected with requisitioning, military contributions and billeting. _Article 36_ 1. The receiving State shall, in accordance with such laws and regulations as it may adopt, permit, entry of and grant exemption from all customs duties, taxes, and related charges other than charges for storage, cartage and similar services, on: (a) articles for the official use of the mission; (b) articles for the personal use of a diplomatic agent or members of his family forming part of his household, including articles intended for his establishment. 2. The personal baggage of a diplomatic agent shall be exempt from inspection, unless there are serious grounds for presuming that it contains articles not covered by the exemptions mentioned in paragraph 1 of this article, or articles the import or export of which is prohibited by the law or controlled by the quarantine regulations of the receiving State. Such inspection shall be conducted only in the presence of the diplomatic agent or of his authorized representative. _Article 37_ 1. The members of the family of a diplomatic agent forming part of his household shall, if they are not nationals of the receiving State, enjoy the privileges and immunities specified in articles 29 to 36. 2. Members of the administrative and technical staff of the mission, together with members of their families forming part of their respective households, shall, if they are not nationals of or permanently resident in the receiving State, enjoy the privileges and immunities specified in articles 29 to 35, except that the immunity from civil and administrative jurisdiction of the receiving State specified in paragraph 1 of article 31 shall not extend to acts performed outside the course of their duties. They shall also enjoy the privileges specified in article 36, paragraph 1, in respect of articles imported at the time of first installation. 3. Members of the service staff of the mission who are not nationals of or permanently resident in the receiving State shall enjoy immunity in respect of acts performed in the course of their duties, exemption from dues and taxes on the emoluments they receive by reason of their employment and the exemption contained in article 33. 4. Private servants of members of the mission shall, if they are not nationals of or permanently resident in the receiving State, be exempt from dues and taxes on the emoluments they receive by reason of their employment. In other respects, they may enjoy privileges and immunities only to the extent admitted by the receiving State. However, the receiving State must exercise its jurisdiction over those persons in such a manner as not to interfere unduly with the performance of the functions of the mission. _Article 38_ 1. Except in so far as additional privileges and immunities may be granted by the receiving State, a diplomatic agent who is a national of or permanently resident in that State shall enjoy only immunity from jurisdiction, and inviolability, in respect of official acts performed in the exercise of his functions. 2. Other members of the staff of the mission and private servants who are nationals of or permanently resident in the receiving State shall enjoy privileges and immunities only to the extent admitted by the receiving State. However, the receiving State must exercise its jurisdiction over those persons in such a manner as not to interfere unduly with the performance of the functions of the missions. 7 ----- _Article 39_ 1. Every person entitled to privileges and immunities shall enjoy them from the moment he enters the territory of the receiving State on proceeding to take up his post or, if already in its territory, from the moment when his appointment is notified to the Ministry for Foreign Affairs or such other Ministry as may be agreed. 2. When the functions of a person enjoying privileges and immunities have come to an end, such privileges and immunities shall normally cease at the moment when he leaves the country, or on expiry of a reasonable period in which to do so, but shall subsist until that time, even in case of armed conflict. However, with respect to acts performed by such a person in the exercise of his functions as a member of the mission, immunity shall continue to subsist. 3. In case of the death of a member of the mission, the members of his family shall continue to enjoy the privileges and immunities to which they are entitled until the expiry of a reasonable period in which to leave the country. 4. In the event of the death of a member of the mission not a national of or permanently resident in the receiving State or a member of his family forming part of his household, the receiving State shall permit the withdrawal of the movable property of the deceased, with the exception of any property acquired in the country the export of which was prohibited at the time of his death. Estate, succession and inheritance duties shall not be levied on movable property the presence of which in the receiving State was due solely to the presence there of the deceased as a member of the mission or as a member of the family of a member of the mission. _Article 40_ 1. If a diplomatic agent passes through or is in the territory of a third State, which has granted him a passport/visa if such visa was necessary, while proceeding to take up or to return to his post, or when returning to his own country, the third State shall accord him inviolability and such other immunities as may be required to ensure his transit or return. The same shall apply in the case of any members of his family enjoying privileges or immunities who are accompanying the diplomatic agent, or travelling separately to join him or to return to their country. 2. In circumstances similar to those specified in paragraph 1 of this article, third States shall not hinder the passage of members of the administrative and technical or service staff of a mission, and of members of their families, through their territories. 3. Third States shall accord to official correspondence and other official communications in transit, including messages in code or cipher, the same freedom and protection as is accorded by the receiving State. They shall accord to diplomatic couriers, who have been granted a passport/visa if such visa was necessary, and diplomatic bags in transit the same inviolability and protection as the receiving State is bound to accord. 4. The obligations of third States under paragraphs 1, 2 and 3 of this article shall also apply to the persons mentioned respectively in those paragraphs, and to official communications and diplomatic bags, whose presence in the territory of the third State is due to force majeuro. 8 -----

9-Sep-1972

53

The Wild Life (Protection) Act, 1972

https://www.indiacode.nic.in/bitstream/123456789/1726/1/a1972-53.pdf

central

## THE WILD LIFE (PROTECTION) ACT, 1972 (Last Updated 1-4-2023) ____________ ## ARRANGEMENT OF SECTIONS ____________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. CHAPTER II AUTHORITIES TO BE APPOINTED OR CONSTITUTES UNDER THE ACT 3. Appointment of Director and other officers. 4. Appointment of Life Warden and other officers. 5. Power to delegate. 5A. Constitution of the National Board for Wild Life. 5B. Standing Committee of the National Board. 5C. Functions of the National Board. 6. Constitution of State Board for Wild Life. 6A. Standing Committee of Board. 7. Procedure to be followed by the Board. 8. Duties of State Board for Wild Life. CHAPTER III HUNTING OF WILD ANIMALS 9. Prohibition of hunting. 10. [Omitted.]. 11. Hunting of wild animals to be permitted in certain cases. 12. Grant of permit for special purposes. 13. [Omitted.]. 14. [Omitted.]. 15. [Omitted.]. 16. [Omitted.]. _17._ [Omitted.]. CHAPTER IIIA PROTECTION OF SPECIFIED PLANTS 17A. Prohibition of picking, uprooting, etc. of specified plant. 17B. Grants of permit for special purposes. 17C. Cultivation of specified plants without licence prohibited. 17D. Dealing in specified plants without licence prohibited. 17E. Declaration of stock. 17F. Possession, etc., of plants by licensee. 17G. Purchase, etc., of specified plants. 1 ----- SECTIONS 17H. Plants to be Government property. CHAPTER IV PROTECTED AREAS _Sanctuaries_ 18. Declaration of sanctuary. 18A. Protection to sanctuaries. 18B. Appointment of Collectors. 19. Collector to determine rights. 20. Bar of accrual of rights. 21. Proclamation by Collector. 22. Inquiry by Collector. 23. Powers of Collector. 24. Acquisition of rights. 25. Acquisition proceedings. 25A. Time-limit for completion of acquisition proceedings. 26. Delegation of Collector’s powers. 26A. Declaration of area as sanctuary. 27. Restriction on entry in sanctuary. 28. Grant of permit. 29. Destruction, etc., in a sanctuary prohibited without a permit. 30. Causing fire prohibited. 31. Prohibition of entry into sanctuary with weapon. 32. Ban on use of injurious substances. 33. Control of sanctuaries. 33A. Immunisation of live-stock. 33B. Advisory Committee. 34. Registration of certain persons in possession of arms. _Natioanl Parks_ 35. Declaration of National Parks. 36. [Omitted.]. 36A. Declaration and management of a conservation reserve. 36B. Conservation reserve management committee. 36C. Declaration and management of community reserve. 36D. Community reserve management committee. _Closed Area_ 37. [Omitted.]. _Sanctuaries or National Parks declared by Central Government_ 38. Power of Central Government to declare areas as sanctuaries or National Parks or conservation reserves. 2 ----- CHAPTER IVA CENTRAL ZOO AUTHORITY AND RECOGNITION OF ZOOS SECTIONS 38A. Constitution of Central Zoo Authority. 38B. Term of office and conditions of service of Chairperson and members, etc. 38C. Functions of the Authority. 38D. Procedure to be regulated by the Authority. 38E.Grants and loans to Authority and Constitution of Fund. 38F. Annual report. 38G. Annual report and audit report to be laid before Parliament. 38H. Recognition of zoos. 38I. Acquisition of animals by a zoo. 38J. Prohibition of teasing, etc., in a zoo. CHAPTER IV B NATIONAL TIGER CONSERVATION AUTHORITY 38K. Definitions. 38L.Constitution of National Tiger Conservation Authority. 38M. Term of office and conditions of service of members. 38N. Officers and employees of Tiger Conservation Authority. 38-O. Powers and functions of Tiger Conservation Authority. 38P. Procedure to be regulated by Tiger Conservation Authority. 38Q. Grants and loans to Tiger Conservation Authority and Constitution of Fund. 38R. Accounts and audit of Tiger Conservation Authority. 38S. Annual report of Tiger Conservation Authority. 38T. Annual report and audit report to be laid before Parliament. 38U. Constitution of Steering Committee. 38V. Tiger Conservation Plan. 38W. Alteration and de-notification of tiger reserves. 38X. Establishment of Tiger Conservation Foundation. 38XA. Provisions of Chapter to be in addition to provisions relating to sanctuaries and National Park CHAPTER IV C WILD LIFE CRIME CONTROL BUREAU 38Y. Constitution of Wild Life Crime Control Bureau. 38Z. Powers and functions of the Wildlife Crime Control Bureau. CHAPTER V TRADE OR COMMERCE IN WILD ANIMALS, ANIMAL ARTICLES AND TROPHIES 39. Wild animals, etc., to be Government property. 40. Declarations. 40A. Immunity in certain cases. 41. Inquiry and preparation of inventories. 42. Certificate of ownership. 42A. Surrender of captive animals, animal article, etc 43. Regulation of transfer of animal, etc. 44. Dealings in trophy and animal articles without licence prohibited. 45. Suspension or cancellation of licences. 46. Purchase. 47. Maintenance of records. 48. Purchase of animals, etc., by licensee. 3 ----- SECTIONS 48A. Restriction on transportation of wild life. 49. Purchase of captive animal, etc., by a person other than a licensee. CHAPTER VA PROHIBITION OF TRADE OR COMMERCE IN TROPHIES, ANIMAL ARTICLES, ETC., DERIVED FROM CERTAIN ANIMALS 49A. Definitions. 49B. Prohibition of dealings in trophies, animal articles, etc., derived from scheduled animals. 49C. Declaration by dealers. CHAPTER VB REGULATION OF INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA AS PER CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA 49D. Definitions. 49E. Designation of Management Authority. 49F. Designation of Scientific Authority. 49G. Directions of Central Government. 49H. International trade in Scheduled specimen and restriction in respect thereof. 49-I Conditions for scheduled specimens. 49J. Conditions for import of scheduled specimens. 49K. Conditions for re-export of scheduled specimens. 49L. Conditions for introfuction from sea of scheduled specimens. 49M. Possession transfer and breeding of living scheduled animal species. 49N. Application for Licence by breeders of Appendix I species. 49-O. Licence of breeders of Appendix I species. 49P. Prohibition on alteration, etc. 49Q. Species and scheduled specimens to be Government property. 49R. Application of provisions of Act in respect of species listed in Schedule I or II and Schedule IV. CHAPTER VI PREVENTION AND DETECTION OF OFFENCES 50. Power of entry, search, arrest and detention. 51. Penalties. 51A. Certain conditions to apply while granting bail. 52. Attempts and abetment. 53. Punishment for wrongful seizure. 54. Power to compound offences. 55. Cognizance of offences. 56. Operation of other laws not barred. 4 ----- SECTIONS 57. Presumption to be made in certain cases. 58. Offences by Companies. CHAPTER VIA FORFEITURE OF PROPERTY DERIVED FROM ILLEGAL HUNTING AND TRADE 58A. Application. 58B. Definitions. 58C. Prohibition of holding illegally acquired property. 58D. Competent authority. 58E. Identifying illegally acquired property. 58F. Seizure or freezing of illegally acquired property. 58G. Management of properties seized or forfeited under this Chapter. 58H. Notice of forfeiture of property. 58-I. Forfeiture of property in certain cases. 58J. Burden of proof. 58K. Fine in lieu of forfeiture. 58L. Procedure in relation to certain trust properties. 58M. Certain transfer to be null and void. 58N. Constitution of Applellate Tribunal. 58-O. Appeals. 58P. Notice or order not to be invalid for error in description. 58Q. Bar of Jurisdiction. 58R. Competent Authority and Appellate Tribunal to have powers of civil court. 58S. Information to competent authority. 58T. Certain officers to assist Administrator, competent authority and Appellate Tribunal. 58U.Power to take possession. 58V. Rectification of mistakes. 58W. Findings under other laws not conclusive for proceedings under this Chapter. 58X. Service of notices and orders. 58Y. Punishment for acquiring property in relating to which proceeings have been taken under this Chapter. CHAPTER VII MISCELLANEOUS 59. Officers to be public servants. 60. Protection of action taken in good faith. 60A. Reward to persons. 60B. Reward by State Government. 61. Power to alter entries in Schedules. 62. Declaration of certain wild animals to be vermin. 62A. Regulation or prohibition of import, etc., of invasive alien species. 62B. Power to issue directions. 63. Power of Central Government to make rules. 64. Power of State Government to make rules. 65. Rights of Scheduled Tribes to be protected. 66. Repeal and savings. SCHEDULE I SCHEDULE II SCHEDULE III SCHEDULE IV 5 ----- ## THE WILD LIFE (PROTECTION) ACT, 1972 ACT NO. 53 OF 1972 [9th September, 1972.] 1[An Act to provide for the 2[conservation, protection and management of wild life] and for matters connected therewith or ancillary or incidental thereto with a view to ensuring the ecological and environmental security of the country.] 3* - - - CHAPTER I PRELIMINARY **1. Short title, extent and commencement.—(1) This Act may be called the Wild Life (Protection)** Act, 1972. 4[(2) It extends to the whole of India 5***.] (3) It shall come into force in a State or Union territory to which it extends [6]*** on such date as the Central Government may, by notification, appoint, and different dates may be appointed for different provisions of this Act or for different States or Union territories. **2. Definitions.—In this Act, unless the context otherwise requires,—** 7[(1) “animal” includes amphibians, birds, mammals and reptiles and their young, and also includes, in the cases of birds and reptiles, their eggs;] (2) “animal article” means an article made from any captive animal or wild animal, other than vermin, and includes an article or object in which the whole or any part of such animal [8][has been used, and ivory imported into India and an article made therefrom]; 9* - - - 10[(4) “Board” means a State Board for Wild Life constituted under sub-section (1) of section 6;] (5) “captive animal” means any animal, specified in [11][Schedule I or Schedule II] which is captured or kept or bred in captivity; 12* - - - (7) “Chief Wild Life Warden’ means the person appointed as such under clause (a) of sub-section (1) of section 4; 13[(7A) “circus” means an establishment, whether stationary or mobile, where animals are kept or used wholly or mainly for the purpose of performing tricks or manoeuvres;] 14* - - - 15[(9) “Collector” means the chief officer in charge of the revenue administration of a district or any other officer not below the rank of a Deputy Collector as may be appointed by the State Government under section 18B in this behalf;] 1. Subs. by Act 16 of 2003, s. 2, for the long title (w.e.f. 1-4-2003). 2. Subs. by Act 18 of 2022, s. 2, for “protection of wild animals, birds and plants” (w.e.f. 1-4-2023). 3. The preamble omitted by Act 44 of 1991, s. 3 (w.e.f. 2-10-1991). 4. Subs. by s. 4, ibid., for sub-section (2) (w.e.f. 2-10-1991). 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). 6. The words “, or may become extended in future,” omitted by Act 44 of 1991, s. 4, (w.e.f. 2-10-1991). 7. Subs. by Act 16 of 2003, s. 3, for clause (1) (w.e.f. 1-4-2003). 8. Subs. by Act 44 of 1991, s. 5, for “has been used” (w.e.f. 2-10-1991). 9. Clause (3) omitted by s. 5, ibid. (w.e.f. 2-10-1991). 10. Subs. by Act 16 of 2003, s. 3, for clause (4) (w.e.f. 1-4-2003). 11. Subs. by Act 18 of 2022, s. 3, for “Schedule I, Schedule II, Schedule III or Schedule IV” (w.e.f. 1-4-2023). 12. Clause (6) omitted by Act 44 of 1991, s. 5 (w.e.f. 2-10-1991). 13. Ins. by s. 5, ibid. (w.e.f. 2-10-1991). 14. Clause (8) omitted by Act 16 of 2003, s. 3 (w.e.f. 1-4-2003). 15. Subs. by s. 3, ibid., for clause (9) (w.e.f. 1-4-2003). *** Subject to verification and confirmation by the administrative ministry.** 6 ----- (10) “commencement of this Act”, in relation to— (a) a State, means commencement of this Act in that State, (b) any provision of this Act, means the commencement of that provision In the concerned State; 1[(11) “dealer” in relation to any captive animal, animal article, trophy, uncured trophy, meat or specified plant, means a person, who carries on the business of buying or selling any such animal or article, and includes a person who undertakes business in any single transaction;] (12) “Director” means the person appointed as Director of Wild Life Preservation under clause (a) of sub-section (1) of section 3; 2[(12A) “Forest officer” means the Forest officer appointed under clause (2) of section 2 of the Indian Forest Act, 1927 (16 of 1927) or under any other Act for the time being in force in a State; (12B) “forest produce” shall have the same meaning as in sub-clause (b) of clause (4) of section 2 of the Indian Forest Act, 1927 (16 of 1927);] 3* - - - (14) “Government property” means any property referred to in section 39 [4][or section 17H]; (15) “habitat” includes land, water or vegetation which is the natural home of any wild animal 5[or specified plant]; (16) “hunting”, with its grammatical variations and cognate expressions, includes,— 6[(a) killing or poisoning of any wild animal or captive animal and every attempt to do so; (b) capturing, coursing, snaring, trapping, driving or baiting any wild or captive animal and every attempt to do so;] (c) injuring or destroying or taking any part of the body of any such animal or, in the case of wild birds or reptiles, damaging the eggs of such birds or reptiles, or disturbing the eggs or nests of such birds or reptiles; 7[(16A) “invasive alien species” means a species of animal or plant which is not native to India and whose introduction or spread may threaten or adversely impact wild life or its habitat;] (17) “land” includes canals, creeks and other water channels, reservoirs, rivers, streams and lakes, whether artificial or natural, [8][marshes and wetlands and also includes boulders and rocks]; (18) “licence” means a licence granted under this Act; 9[(18A) “livestock” means farm animals and includes buffaloes, bulls, bullocks, camels, cows, donkeys, goats, sheep, horses, mules, yaks, pigs, ducks, geese, poultry and their young but does not include any animal specified in [10][Schedules I, II and IV;] 11[(19) “manufacturer” means a person who manufactures articles from any animal or plant specified in [12][Schedules I, II and III], as the case may be; 1. Subs. by Act 16 of 2003, s. 3, for clause (11) (w.e.f. 1-4-2003). 2. Subs. by s. 3, ibid., for clause (12A) (w.e.f. 1-4-2003). 3. Clause (13) omitted by Act 44 of 1991, s. 5 (w.e.f. 2-10-1991). 4. Ins. by s. 5, ibid. (w.e.f. 2-10-1991). 5. Ins. by Act 18 of 2022, s. 3 (w.e.f. 1-4-2023). 6. Subs. by Act 16 of 2003, s. 3, for sub-clauses (a) and (b) (w.e.f. 1-4-2003). 7. Ins. by Act 18 of 2022, s. 3, (w.e.f. 1-4-2023). 8. Subs. by Act 44 of 1991, s. 5, for “and also includes boulders and rocks” (w.e.f. 2-10-1991). 9. Subs. by Act 16 of 2003, s. 3, for clause (18A) (w.e.f. 1-4-2003). 10. Subs. by Act 18 of 2022, s. 3, for “Schedules I to V” (w.e.f. 1-4-2023). 11. Subs. by Act 16 of 2003, s.3, for clauses (19) and (20) (w.e.f. 1-4-2003). 12. Subs. by Act 18 of 2022, s. 3, for “Schedules I to V and VI” (w.e.f. 1-4-2023). 7 ----- (20) “meat” includes blood, bones, sinew, eggs, shell or carapace, fat and flesh with or without skin, whether raw or cooked, of any wild animal or captive animal, other than a vermin; (20A) “National Board” means the National Board for Wild Life constituted under section 5A;] (21) “National Park” means an area declared, whether under section 35 or section 38, or deemed, under sub-section (3) of section 66, to be declared, as a National Park; (22) “notification” means a notification published in the Official Gazette; (23) “permit” means a permit granted under this Act or any rule made thereunder; 1[(24) “person” shall include any firm or company or any authority or association or body of individuals whether incorporated or not;] 2[(24A) “protected area” means a National Park, a sanctuary, a conservation reserve or a community reserve notified under sections 18, 35, 36A and 36C of the Act;] (25) “prescribed” means prescribed by rules made under this Act; 3[(25A) “recognised zoo” means a zoo recognised under section 38H; 4[(25B) “reserve forest” means the forest declared to be reserved by the State Government under section 20 of the Indian Forest Act, 1927 (16 of 1927), or declared as such under any other State Act; (26) “sanctuary” means an area declared as a sanctuary by notification under the provisions of Chapter IV of this Act and shall also include a deemed sanctuary under sub-section (4) of section 66;] 5[(26A) “Schedule” means a Schedule appended to this Act;] 6[(27) “specified plant” means any plant specified in 7[ Schedule III];] 8* - - - (29) “State Government”, in relation to a Union territory, means the Administrator of that Union territory appointed by the President under article 239 of the Constitution; 9[(30) “taxidermy”, with its grammatical variations and cognate expressions, means the curing, preparation or preservation or mounting of trophies;] 10[(30A) “territorial waters” shall have the same meaning as in section 3 of the Territorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976 (80 of 1976);] (31) “trophy” means the whole or any part of any captive animal or wild animal, other than vermin, which has been kept or preserved by any means, whether artificial or natural, and includes— (a) rugs, skins and specimens of such animal mounted in whole or in part through a process of taxidermy, and 11[(b) antler, bone, carapace, shell, horn, rhinoceros horn, hair, feather, nail, tooth, tusk, musk, eggs, nests and honeycomb;] 1. Subs. by Act 18 of 2022, s. 3, for clause (24) (w.e.f. 1-4-2023). 2. Ins. by Act 16 of 2003, s. 3 (w.e.f. 1-4-2003). 3. Ins. by Act 44 of 1991, s. 5 (w.e.f. 2-10-1991). 4. Subs. by Act 16 of 2003, s. 3, for clauses (25B) and (26) (w.e.f. 1-4-2003). 5. Ins. by Act 18 of 2022, s. 3 (w.e.f. 1-4-2023). 6. Subs. by Act 44 of 1991, s. 5, for clause (27) (w.e.f. 2-10-1991). 7. Subs. by Act 18 of 2022, s. 3 for “Schedule VI” (w.e.f. 1-4-2023). 8. Clause (28) omitted by Act 16 of 2003, s. 3 (w.e.f. 1-4-2003). 9. Subs. by s. 3, ibid., for clause (30) (w.e.f. 1-4-2003). 10. Ins. by Act 44 of 1991, s. 5 (w.e.f. 2-10-1991). 11. Subs. by Act 16 of 2003, s. 3, for sub-clause (b) (w.e.f. 1-4-2003). 8 ----- (32) “uncured trophy” means the whole or any part of any captive animal or wild animal, other than vermin, which has not undergone a process of taxidermy, and includes a [1][freshly killed wild animal, ambergris, musk and other animal products]; (33) “vehicle” means any conveyance used for movement on land, water or air and includes buffalo, bull, bullock, camel, donkey, elephant, horse and mule; 2[(34) “vermin” means any wild animal notified under section 62;] (35) “weapon” includes ammunition, bows and arrows, explosives, firearms, hooks’ knives, nets poison, snares and traps and any instrument or apparatus capable of anaesthetizing, decoying, destroying, injuring or killing an animal; 3[(36) “wild animal” means any animal specified in 4[Schedule I or Schedule II] and found wild in nature;] 5[(37) “wild life” includes any animal, aquatic or land vegetation which forms part of any habitat;] (38) “Wild Life Warden” means the person appointed as such under clause (b) of sub-section (1) of section 4; 6[(39) “zoo” means an establishment, whether stationary or mobile, where captive animals are kept for exhibiting to the public or ex-situ conservation and includes a circus and off-exhibit facilities such as rescue centres and conservation breeding centres, but does not include an establishment of a licensed dealer in captive animals.] CHAPTER II AUTHORITIES TO BE APPOINTED OR CONSTITUTED UNDER THE ACT **3. Appointment of Director and other officers.—(1) The Central Government may, for the** purposes of this Act, appoint,— (a) A Director of Wild Life Preservation; 7* - - - (c) such other officers and employees as may be necessary. (2) In the performance of his duties and exercise of his powers by or under this Act, the Director shall be subject to such general or special directions, as the Central Government may, from time to time, give. 8[(3) The officers and other employees appointed under this section shall be required to assist the Director.] **4. Appointment of Life Warden and other officers.—(1) The State Government May, for the** purpose of this Act, appoint,— (a) a Chief Wild Life Warden; (b) Wild Life Wardens; [9]*** 10[(bb) Honorary Wild Life Wardens;] 1. Subs. by Act 44 of 1991, s. 5, for “freshly-killed wild animals” (w.e.f. 2-10-1991). 2. Subs. by Act 18 of 2022, s. 3 for clause (34) (w.e.f. 1-4-2023). 3. Subs. by Act 16 of 2003, s. 3, for clause (36) (w.e.f. 1-4-2003). 4. Subs. by Act 18 of 2022, s. 3, for Schedules I to IV (w.e.f. 1-4-2023). 5. Subs. by Act 16 of 2003, s. 3, for clause (37) (w.e.f. 1-4-2003). 6. Subs. by Act 18 of 2022, s. 3, for clause (39) (w.e.f. 1-4-2023), earlier ins. by Act 44 of 1991, s. 5 (w.e.f. 2-10-1991). 7. Clause (b) omitted by Act 16 of 2003, s. 4, (w.e.f. 1-4-2003). 8. Subs. by s. 4, ibid., for sub-section (3) (w.e.f. 1-4-2003). 9. The word “and” omitted by 44 of 1991, s. 6 (w.e.f. 2-10-1991). 10. Subs. by Act 16 of 2003, s. 5, for clause (bb) (w.e.f. 1-4-2003). 9 ----- (c) suchother officers and employees as may be necessary. (2) In the performance of his duties and exercise of his powers by or under this Act, the Chief Wild Life Warden shall be subject to such general or special directions, as the State Government may from time to time, give. (3) [1][The Wild Life Warden, the Honorary Wild Life Warden] and other officers and employees appointed under this section shall be subordinate to the Chief Wild Life Warden. **5. Power to delegate.—(1) The Director may, with the previous approval of the Central Government,** by order in writing, delegate all or any of his powers and duties under this Act to any officer subordinate to him subject to such conditions, if any, as may be specified in the order. (2) The Chief Wild Life Warden may, with the previous approval of the State Government, by order in writing, delegate all or any of his powers and duties under this Act, except those under clause (a) of sub-section (1) of section 11, to any officer subordinate to him subject to such conditions, if any, as may be specified in the order. (3) Subject to any general or special direction given or condition imposed by the Director or the Chief Wild Life Warden, any person, authorised by the Director or the Chief Wild Life Warden to exercise any powers, may exercise those powers in the same manner and to the same effect as if they had been conferred on that person directly by this Act and not by way of delegation. **2[5A. Constitution of the National Board for Wild Life.—(1) The Central Government shall,** within three months from the date of commencement of the Wild Life (Protection) Amendment Act, 2002 (16 of 2003), constitute the National Board for Wild Lifeconsisting of the following members, namely:— (a) the Prime Minister as Chairperson; (b) the Minister in-charge of Forests and Wild Life as Vice-Chairperson; (c) three members of Parliament of whom two shall be from the House of the People and one from the Council of States; 3[(d) Member, NITI Aayog in-charge of Environment, Forest and Climate Change;] (e) five persons to represent non-governmental organizations to be nominated by the Central Government; (f) ten persons to be nominated by the Central Government from amongst eminent conservationists, ecologists and environmentalists; (g) the Secretary to the Government of India in-charge of the Ministry or Department of the Central Government dealing with Forests and Wild Life; (h) the Chief of the Army Staff; (i) the Secretary to the Government of India in-charge of the Ministry of Defence; (j) the Secretary to the Government of India in-charge of the Ministry of Information and Broadcasting; (k) the Secretary to the Government of India in-charge of the Department of Expenditure, Ministry of Finance; (l) the Secretary to the Government of India, Ministry of Tribal Welfare; (m) the Director-General of Forests in the Ministry or Department of the Central Government dealing with Forests and Wild Life; (n) the Director-General of Tourism, Government of India; (o) the Director-General, Indian Council for Forestry Research and Education, Dehradun; 1. Subs. by Act 44 of 1991, s. 6, for “The Wild Life Warden” (w.e.f. 2-10-1991). 2. Ins. by Act 16 of 2003, s. 6 (w.e.f. 1-4-2003). 3. Subs. by Act 18 of 2022, s. 4, for clause (d) (w.e.f. 1-4-2023). 10 ----- (p) the Director, Wild Life Institute of India, Dehradun; (q) the Director, Zoological Survey of India; (r) the Director, Botanical Survey of India; (s) the Director, Indian Veterinary Research Institute; (t) the Member-Secretary, Central Zoo Authority; (u) the Director, National Institute of Oceanography; (v) one representative each from ten States and Union territories by rotation, to be nominated by the Central Government; (w) the Director of Wild Life Preservation who shall be the Member-Secretary of the National Board. (2) The term of office of the members other than those who are members _ex officio, the manner of_ filling vacancies referred to in clauses (e), (f) and (v) of sub-section (1), and the procedure to be followed in the discharge of their functions by the members of the National Board shall be such, as may be prescribed. (3) The members (except members ex officio) shall be entitled to receive such allowances in respect of expenses incurred in the performance of their duties as may be prescribed. (4) Notwithstanding anything contained in any other law for the time being in force, the office of a member of the National Board shall not be deemed to be an office of profit. **5B. Standing Committee of the National Board.—(1) The National Board may, in its discretion,** constitute a Standing Committee for the purpose of exercising such powers and performing such duties as may be delegated to the Committee by the National Board. (2) The Standing Committee shall consist of the Vice-Chairperson, the Member-Secretary, and not more than ten members to be nominated by the Vice-Chairperson from amongst the members of the National Board. (3) The National Board may constitute committees, sub-committees or study groups, as may be necessary, from time to time in proper discharge of the functions assigned to it. **5C. Functions of the National Board.—(1) It shall be the duty of the National Board to promote the** conservation and development of wild life and forests 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) framing policies and advising the Central Government and the State Governments on the ways and means of promoting wild life conservation and effectively controlling poaching and illegal trade of wild life and its products; (b) making recommendations on the setting up of and management of national parks, sanctuaries and other protected areas and on matters relating to restriction of activities in those areas; (c) carrying out or causing to be carried but impact assessment of various projects and activities on wild life or its habitat; (d) reviewing from time to time, the progress in the field of wild life conservation in the country and suggesting measures for improvement thereto; and (e) preparing and publishing a status report at least once in two years on wild life in the country.] **1[6. Constitution of State Board for Wild Life.—(1) The State Government shall, within a period of** six months from the date of commencement of the Wild Life (Protection) Amendment Act, 2002 (16 of 2003) constitute a State Board for Wild Life consisting of the following members, namely:— 1. Subs. by Act 16 of 2003, s. 7, for section 6 (w.e.f. 1-4-2003). 11 ----- (a) the Chief Minister of the State and in case of the Union territory, either Chief Minister or Administrator, as the case may be - Chairperson; (b) the Minister in-charge of Forests and Wild Life - Vice-Chairperson; (c) three members of the State Legislature or in the case of a Union territory with Legislature, two members of the Legislative Assembly of that Union territory; (d) three persons to represent non-governmental organizations dealing with wild life to be nominated by the State Government; (e) ten persons to be nominated by the State Government from amongst eminent conservationists, ecologists and environmentalists including at least two representatives of the Scheduled Tribes; (f) the Secretary to the State Government or the Government of the Union territory, as the case may be, in-charge of Forests and Wild Life; (g) the Officer in-charge of the State Forest Department; (h) the Secretary to the State Government, Department of Tribal Welfare; (i) the Managing Director, State Tourism Development Corporation; (j) an officer of the State Police Department not below the rank of Inspector-General; (k) a representative of the Armed Forces not below the rank of a Brigadier to be nominated by the Central Government; (l) the Director, Department of Animal Husbandry of the State; (m) the Director, Department of Fisheries of the State; (n) an officer to be nominated by the Director, Wild Life Preservation; (o) a representative of the Wild Life Institute of India, Dehradun; (p) a representative of the Botanical Survey of India; (q) a representative of the Zoological Survey of India; (r) the Chief Wild Life Warden, who shall be the Member-Secretary. (2) The term of office of the members other than those who are members ex officio and the manner of filling vacancies referred to in clauses (d) and (e) of sub-section (1) and procedure to be followed shall be such, as may be prescribed. (3) The member (except members ex officio) shall be entitled to receive such allowances in respect of expenses incurred in the performance of their duties as may be prescribed.] 1[6A. Standing Committee of Board.—(1) The Board may constitute a Standing Committee for the purpose of exercising such powers and performing such duties as may be delegated to it by the Board. (2) The Standing Committee shall consist of the Vice-Chairperson, the Member-Secretary, and not more than ten members, to be nominated by the Vice-Chairperson, from amongst the members of the Board. (3) The Board or its Standing Committee referred to in sub-section (1) may, constitute committees, sub-committees or study groups, as may be necessary, from time-to-time, for proper discharge of the functions assigned to it.] **7. Procedure to be followed by the Board.—(1) The Board shall meet at least twice a year at such** place as the State Government may direct. (2) The Board shall regulate its own procedure (including the quorum) 1. Ins. by Act 18 of 2022, s. 5 (w.e.f. 1-4-2023). 12 ----- (3) No act or proceeding of the Board shall be invalid merely by reason of the existence of any vacancy therein or any defect in the constitution thereof or any irregularity in the procedure of the Board not affecting the merits of the case. **8. Duties of** [1][State Board for Wild Life].—It shall be the duty of [1][State Board for Wild Life] to advise the State Government,— 2[(a) in the selection and management of areas to be declared as protected areas;] 3[(b) in formulation of the policy for protection and conservation of the wild life and specified plants;] (c) in any matter relating to the amendment of any Schedule; [4]*** 5[(cc) in relation to the measures to be taken for harmonising the needs of the tribals and other dwellers of the forest with the protection and conservation of wild life; and] (d) in any other matter connected with the protection of wild life, which may bereferred to it by the State Government. CHAPTER III HUNTING OF WILD ANIMALS 6[9. Prohibition of hunting.—No person shall hunt any wild animal specified in 7[ Schedules I and II] except as provided under section 11 and section 12.] [10. _Maintenance of records of wild animals killed or captured.]—Omitted by the Wild Life_ (Protection) Amendment Act, 1991 (44 of 1991), s. 10 (w.e.f. 2-10-1991). **11. Hunting of wild animals to be permitted in certain cases.—(1) Notwithstanding anything** contained in any other law for the time being in force and subject to the provisions of Chapter IV,— (a) the Chief Wild Life Warden may, if he is satisfied that any wild animal specified in Schedule I has become dangerous to human life or is so disabled or diseased as to be beyond recovery, by Order in writing and stating the reasons therefor, permit any person to hunt such animal or cause such animal to be hunted; 8[Provided that no wild animal shall be ordered to be killed unless the Chief Wild Life Warden is satisfied that such animal cannot be captured, tranquilised or translocated: Provided further that no such captured animal shall be kept in captivity unless the Chief Wild Life Warden is satisfied that such animal cannot be rehabilitated in the wild and the reasons for the same are recorded in writing. _Explanation.—For the purposes of clause (a), the process of capture or translocation, as the case_ may be, of such animal shall be made in such manner as to cause minimum trauma to the said animal] (b) the Chief Wild Life Warden or the authorised officer may, if he is satisfied that any wild animal specified in Schedule II, [9]***, has become dangerous to human life or to property (including standing crops on any land) or is so disabled or diseased as to be beyond recovery, by order in writing 1. Subs. by Act 16 of 2003, s. 8, for “the Wild Life Advisory Board” (w.e.f. 1-4-2003). 2. Subs. by s. 8, ibid., for clause (a) (w.e.f. 1-4-2003). 3. Subs. by Act 44 of 1991, s. 8, for clause (b) (w.e.f. 2-10-1991). 4. The word “and” omitted by s. 8, ibid. (w.e.f. 2-10-1991). 5. Ins. by s. 8, ibid. (w.e.f. 2-10-1991). 6. Subs. by s. 9, ibid., for section 9 (w.e.f. 2-10-1991). 7. Subs. by Act 18 of 2022, s. 6, for “Schedules I, II, III and IV” (w.e.f. 1-4-2023). 8. Ins. by Act 16 of 2003, s. 9 (w.e.f. 1-4-2003). 9. The words and figures “Schedule III, or Schedule IV” omitted by Act 18 of 2022, s. 7 (w.e.f. 1-4-2023). 13 ----- and stating the reasons therefor, permit any person to hunt [1][such animal or group of animals in a specified area or cause such animal or group of animals in that specified area to be hunted]. (2) The killing or wounding in good faith of any wild animal in defence of oneself or of any other person shall not be an offence: Provided that nothing in this sub-section shall exonerate any person who, when such defence becomes necessary, was committing any act in contravention of any provision of this Act or any rule or order made thereunder. (3) Amy wild animal killed or wounded in defence of any person shall be Government property. **12. Grant of permit for special purposes.—Notwithstanding anything contained elsewhere in this** Act, it shall be lawful for the Chief Wild Life Warden, to grant [2]*** a permit, by an order in writing stating the reasons therefor, to any person, on payment of such fee as may be prescribed, which shall entitle the holder of such permit to hunt subject to such conditions as may be specified therein, any wild animal specified in such permit, for the purpose of,— (a) education; 3[(b) scientific research; (bb) scientific management. _Explanation.—For the purposes of clause (bb), the expression,“scientific management” means—_ (i) translocation of any wild animals to an alternative suitable habitat; or (ii) population management of wildlife, without killing or poisoning or destroying any wild animals;] 4[(c) collection of specimens— (i) for recognised zoos subject to the permission under section 38-I; or (ii) for museums and similar institutions; (d) derivation, collection or preparation of snake-venom for the manufacture of life-saving drugs:] 5[Provided that no such permit shall be granted— (a) in respect of any wild animal specified in Schedule I, except with the previous permission of the Central Government, and (b) in respect of any other wild animal, except with the previous permission of the State Government;] (d) derivation, collection or preparation of snake-venom for the manufacture of life-saving drugs:] **13. [Suspension or cancellation of licence].—Omitted by the Wild Life (Protection) Amendment Act,** 1991 (44 of 1991), s. 12 (w.e.f. 2-10-1991). **14. [Appeals].—Omitted by, s. 12, ibid. (w.e.f. 2-10-1991).** 1. Subs. by Act 16 of 2003, s.9, for “such animal or cause such animal to be hunted” (w.e.f. 1-4-2003). 2. The words “, with the previous permission of the State Government” omitted by Act 23 of 1982, s. 2 (w.e.f. 21-5-1982). 3. Subs. by s. 2, ibid., for clause (b) (w.e.f. 21-5-1982). 4. Subs. by Act 44 of 1991, s. 11, for clause (c) (w.e.f. 2-10-1991). 5. Ins. by Act 23 of 1982, s. 2 (w.e.f. 21-5-1982). 14 ----- **15. [Hunting of young and female of wild animals].—Omitted by, s. 12, ibid.(w.e.f. 2-10-1991).** **16. [Declaration of closed time].—Omitted by, s. 12, ibid.(w.e.f. 2-10-1991).** **17. [Restrictions on hunting].—Omitted by, s. 12, ibid.(w.e.f. 2-10-1991).** 1[CHAPTER IIIA PROTECTION OF SPECIFIED PLANTS **17A. Prohibition of picking, uprooting, etc. of specified plant.—Save as otherwise provided in this** Chapter, no person shall— (a) wilfully pick, uproot, damage, destroy, acquire or collect any specified plant from any forest land and any area specified, by notification, by the Central Government; (b) posses, sell, offer for sale, or transfer by way of gift or otherwise, or transport any specified plant, whether alive or dead, or part or derivative thereof: Provided that nothing in this section shall prevent a member of a scheduled tribe, subject to the provisions of Chapter IV, from picking, collecting or possessing in the district he resides any specified plant or part or derivative thereof for his bona fide personal use. **17B. Grants of permit for special purposes.—The Chief Wild Life Warden may, with the previous** permission of the State Government, grant to any person a permit to pick, uproot, acquire or collect from a forest land or the area specified under section 17A or transport, subject to such conditions as may be specified therein, any specified plant for the purpose of— (a) education; (b) scientific research; (c) collection, preservation and display in a herbarium of any scientific institution; or (d) propagation by a person or an institution approved by the Central Government in this regard. **17C.Cultivation of specified plants without licence prohibited.—(1) No person shall cultivate a** specified plant except under and in accordance with a licence granted by the Chief Wild Life Warden or any other officer authorised by the State Government in this behalf: Provided that nothing in this section shall prevent a person, who immediately before the commencement of the Wild Life (Protection) (Amendment) Act, 1991 (44 of 1991), was cultivating a specified plant from carrying on such cultivation for a period of six months from such commencement or where he has made an application within that period for the grant of a licence to him, until the licence is granted to him or he is informed in writing that a licence cannot be granted to him. (2) Every licence granted under this section shall specify the area in which and the conditions, if any, subject to which the licensee shall cultivate a specified plant. **17D. Dealing in specified plants without licence prohibited.—(1) No person shall, except under** and in accordance with a licence granted by the Chief Wild Life Warden or any other officer authorised by the State Government in this behalf, commence or carry on business or occupation as a dealer in a specified plant or part or derivate thereof: Provided that nothing in this section shall prevent a person, who, immediately before the commencement of the Wild Life (Protection) (Amendment) Act, 1991 (44 of 1991), was carrying on such business or occupation, from carrying on such business or occupation for a period of sixty days from such commencement, or where he has made an application within that period for the grant of a licence to him, until the licence is granted to him or he is informed in writing that a licence cannot be granted to him. 1. Ins. by Act 44 of 1991, s. 13 (w.e.f. 20-4-1995). 15 ----- (2) Every licence granted under this section shall specify the premises in which and the conditions, if any, subject to which the licensee shall carry on his business. **17E. Declaration of stock.—(1) Every person cultivating, or dealing in, a specified plant or part or** derivative thereof shall, within thirty days from the date of commencement of the Wild Life (Protection) (Amendment) Act, 1991 (44 of 1991) declare to the Chief Wild Life Warden or any other officer authorised by the State Government in this behalf, his stocks of such plants and part or derivative thereof, as the case may be, on the date of such commencement. (2) The provisions of sub-sections (3) to (8) (both inclusive) of section 44, section 45, section 46 and section 47 shall, as far as may be, apply in relation to an application and a licence referred to in section 17C and section 17D as they apply in relation to the licence or business in animals or animal articles. **17F. Possession, etc., of plants by licensee.—No licensee under this Chapter shall—** (a) keep in his control, custody or possession— (i) any specified plant, or part or derivative thereof in respect of which a declaration under the provisions of section 17E has to be made but has not been made; (ii) any specified plant, or part or derivative thereof which has not been lawfully acquired under the provisions of this Act or any rule or order made thereunder; (b) (i) pick, uproot, collect or acquire any specified plant, or (ii) acquire, receive, keep in his control, custody or possession, or sell, offer for sale or transport any specified plant or part or derivative thereof, except in accordance with the conditions subject to which the licence has been granted and such rules as may be made under this Act. **17G. Purchase, etc., of specified plants.—No person shall purchase, receive or acquire any specified** plant or part or derivative thereof otherwise than from a licensed dealer: Provided that nothing in this section shall apply to any person referred to in section 17B. **17H. Plants to be Government property.—(1) Every specified plant or part or derivative thereof, in** respect of which any offence against this Act or any rule or order made thereunder has been committed, shall be the property of the State Government, and, where such plant or part or derivative thereof has been collected or acquired from a sanctuary or National Park declared by the Central Government, such plant or part or derivative thereof shall be the property of the Central Government. (2) The provisions of sub-sections (2) and (3) of section 39 shall, as far as may be, apply in relation to the specified plant or part or derivative thereof or they apply in relation to wild animals and articles referred to in sub-section (1) of that section.] CHAPTER IV 1[PROTECTED AREAS] _Sanctuaries_ **18. Declaration of sanctuary.—[2][(1) The State Government may, by notification, declare its** intention to constitute any area other than an area comprised within any reserve forest or the territorial waters as a sanctuary if it considers that such area is of adequate ecological, faunal, floral, 1. Subs. by Act 16 of 2003, s. 10 for the heading (w.e.f. 1-4-2003). 2. Subs. by Act 44 of 1991, s. 15, for sub-section (1) (w.e.f. 2-10-1991). 16 ----- geomorphological, natural or zoological significance, for the purpose of protecting, propagating or developing wild life or its environment.] (2) The notification referred to in sub-section (1) shall specify, as nearly as possible, the situation and limits of such area. _Explanation.—For the purposes of this section, it shall be sufficient to describe the area by roads,_ rivers, ridges or other well-known or readily intelligible boundaries. **1[18A. Protection to sanctuaries.—(1) When the State Government declares its intention under** sub-section (1) of section 18 to constitute any area, not comprised within any reserve forest or territorial waters under that sub-section, as a sanctuary, the provisions of sections 27 to 33A (both inclusive) shall come into effect forthwith. (2) Till such time as the rights of affected persons are finally settled under sections 19 to 24 (both inclusive), the State Government shall make alternative arrangements required for making available fuel, fodder and other forest produce to the persons affected, in terms of their rights as per the Government records. **18B. Appointment of Collectors.—The State Government shall appoint, an officer to act as** Collector under the Act, within ninety days of coming into force of the Wild Life (Protection) Amendment Act, 2002 (16 of 2003), or within thirty days of the issue of notification under section 18, to inquire into and determine the existence, nature and extent of rights of any person in or over the land comprised within the limits of the sanctuary which may be notified under sub-section (1) of section 18.] **19. Collector to determine rights.—[2][When a notification has been issued under section 18,] the** Collector shall inquire into, and determine, the existence, nature and extent of the rights of any person in or over the land comprised within the limits of the sanctuary. **20. Bar of accrual of rights.—After the issue of a notification under section 18, no right shall be** acquired in, on or over the land comprised within the limits of the area specified in such notification, except by succession, testamentary or intestate. **21. Proclamation by Collector.—When a notification has been issued under section 18, the** Collector shall [3][within a period of sixty days] publish in the regional language in every town and village in or in the neighbourhood of the area comprised therein, a proclamation— (a) specifying, as nearly as possible, the situation and the limits of the sanctuary; and (b) requiring any person, claiming any right mentioned In section 19, to prefer before the Collector, within two months from the date of such proclamation, a written claim in the prescribed form, specifying the nature and extent of such right with necessary details and the amount and particulars of compensation, if any, claimed in respect thereof. **22. Inquiry by Collector.—The Collector shall, after service of the prescribed notice upon the** claimant, expeditiously inquire into— (a) the claim preferred before him under clause (b) of section 21, and (b) the existence of any right mentioned in section 19 and not claimed under clause (b) of section 21, so far as the same may be ascertainable from the records of the State Government and the evidence of any person acquainted with the same. 1. Ins. by Act 16 of 2003, s. 11 (w.e.f. 1-4-2003). 2. Subs. by Act 44 of 1991, s. 16, for “Whenever any area is declared to be a sanctuary” (w.e.f. 2-10-1991). 3. Ins. by Act 16 of 2003, s. 12 (w.e.f. 1-4-2003). 17 ----- **23. Powers of Collector.—For the purpose of such inquiry, the Collector may exercise the following** powers, namely:— (a) the power to enter in or upon any land and to survey, demarcate and make a map of the same or to authorise any other officer to do so; (b) the same powers as are vested in a civil court for the trial of suits. **24. Acquisition of rights.—(1) In the case of a claim to a right in or over any land referred to in** section 19, the Collector shall pass an order admitting or rejecting the same in whole or in part. (2) If such claim is admitted in whole or in part, the Collector may either— (a) exclude such land from the limits of the proposed sanctuary, or (b) proceed to acquire such land or rights, except where by an agreement between the owner of such land or holder of rights and the Government, the owner or holder of such rights has agreed to surrender his rights to the Government, in or over such land” and on payment of such compensation, as is provided in the [1][Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013).] 2[(c) allow, in consultation with the Chief Wild Life Warden, the continuation of any right of any person in or over any land within the limits of the sanctuary.] **25. Acquisition proceedings.—(1) For the purpose of acquiring such land, or rights in or over such** land,— (a) the Collector shall be deemed to be a Collector, proceeding under the [3][Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013);] (b) the claimant shall be deemed to be a person interested and appearing before him in pursuance of a notice given under [4][section 21] of that Act; (c) the provisions of the sections, preceding [4][section 21] of that Act, shall be deemed to have been complied with; (d) where the claimant does not accept the award made in his favour ha the matter of compensation, he shall be deemed, within the meaning of [5][section 64] of that Act, to be a person interested who has not accepted the award, and shall be entitled to proceed to claim relief against the award under the provisions of [5][Chapter VIII] of that Act; (e) the Collector, with the consent of the claimant, or [6][the Authority], with the consent of both the parties, may award compensation in land or money or partly in land and partly in money; and (f) in the case of the stoppage of a public way or a common pasture, the Collector may, with the previous sanction of the State Government, provide for an alternative public way or common pasture, as far as may be practicable or convenient. 7[Explanation.—The expression “Authority” referred to in clause (e), shall mean the Land Acquisition, Rehabilitation and Resettlement Authority established under section 51 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013).] (2) The acquisition under this Act of any land or interest therein shall be deemed to be acquisition for a public purpose. 1. Sub. by Act 18 of 2022, s. 8, for “Land Acquisition Act, 1894 (1 of 1894)” (w.e.f. 1-4-2023). 2. Ins. by Act 44 of 1991, s. 17 (w.e.f. 2-10-1991). 3. Subs. by Act 18 of 2022, s. 9, for “Land Acquisition Act, 1894 (1 of 1894)” (w.e.f. 1-4-2023). 4. Subs. by s. 9, ibid., for “section 9” (w.e.f. 1-4-2023). 5. Subs. by s. 9, ibid., for “section 18” and “Part III” (w.e.f. 1-4-2023). 6. Subs. by s. 9, ibid., for “the Court” (w.e.f. 1-4-2023). 7. Ins. by s. 9, ibid, (w.e.f. 1-4-2023). 18 ----- **1[25A. Time-limit for completion of acquisition proceedings.—(1) The Collector shall, as far as** possible, complete the proceedings under sections 19 to 25 (both inclusive), within a period of two years from the date of notification of declaration of sanctuary under section 18. (2) The notification shall not lapse if, for any reasons, the proceedings are not completed within a period of two years.] **26. Delegation of Collector’s powers.—The State Government may, by general or special order,** direct that the Powers exercisable or the functions to be performed by the Collector under sections 19 to 25 (both inclusive) may be exercised and performed by such other officer as may be specified in the order. **2[26A. Declaration of area as sanctuary.—(1) When—** (a) a notification has been issued under section 18 and the period for preferring claims has elapsed, and all claims, if any, made in relation to any land in an area intended to be declared as a sanctuary, have been disposed of by the State Government; or (b) any area comprised within any reserve forest or any part of the territorial waters, which is considered by the State Government to be of adequate ecological faunal floral geomorphological, natural or zoological significance for the purpose of protecting, propagating or developing wild life or its environment, is to be included in a sanctuary, the State Government shall issue a notification specifying the limits of the area which shall be comprised within the sanctuary and declare that the said area shall be sanctuary on and from such date as may be specified in the notification: Provided that where any part of the territorial waters is to be so included, prior concurrence of the Central Government shall be obtained by the State Government: Provided further that the limits of the area of the territorial waters to be included in the sanctuary shall be determined in consultation with the Chief Naval Hydrographer of the Central Government and after taking adequate measures to protect the occupational interests of the local fishermen. (2) Notwithstanding anything contained in sub-section (1), the right of innocent passage of any vessel or boat through the territorial waters shall not be affected by the notification issued under sub-section (1). 3[(3) No alteration of the boundaries of a sanctuary shall be made by the State Government except on a recommendation of the National Board.] **27. Restriction on entry in sanctuary.—(1) No person other than,—** (a) a public servant on duty, (b) a person who has been permitted by the Chief Wild Life Warden or the authorised officer to reside within the limits of the sanctuary, (c) a person who has any right over immovable property within the limits of the sanctuary, (d) a person passing through the sanctuary along a public highway, and (e) the dependants of the person referred to in clause (a), clause (b) or clause (c), shall enter or reside in the sanctuary, except under and in accordance with the conditions of a permit granted under section 28. (2) Every person shall, so long, as he resides in the sanctuary, be bound— (a) to prevent the commission, in the sanctuary, of an offence against this Act; (b) where there is reason to believe that any such offence against this Act has been committed in such sanctuary, to help in discovering and arresting the offender; 1. Ins. by Act 16 of 2003, s. 13 (w.e.f. 1-4-2003). 2. Ins. by Act 44 of 1991, s. 18 (w.e.f. 2-10-1991). 3. Subs. by Act 16 of 2003, s. 14, for sub-section (3) (w.e.f. 1-4-2003). 19 ----- (c) to report the death of any wild animal and to safeguard its remains until the Chief Wild Life Warden or the authorised officer takes charge thereof; (d) to extinguish any fire in such sanctuary of which he has knowledge or information and to prevent from spreading, by any lawful means in his power, any fire within the vicinity of such sanctuary of which he has knowledge or information; and (e) to assist any forest officer, Chief Wild Life. Warden, Wild Life Warden or police officer demanding his aid for preventing the commission of any offence against this Act or in the investigation of any such offence. 1[(3) No person shall, with intent to cause damage to any boundary-mark of a sanctuary or to cause wrongful gain as defined in the Indian Penal Code, 1860 (45 of 1860), alter, destroy, move or deface such boundary-mark. (4) No person shall tease or molest any wild animal or litter the grounds of sanctuary.] **28. Grant of permit.—(1) The Chief Wild Life Warden may, on application, grant to any person a** permit to enter or reside in a sanctuary for all or any of the following purposes, namely:— (a) investigation or study of wild life and purposes ancillary or incidental thereto; (b) photography [2][and film-making without making any change in the habitat or causing any adverse impact to the habitat or wild life;] (c) scientific research; (d) tourism; (e) transaction of lawful business with any person residing in the sanctuary. (2) A permit to enter or reside in a sanctuary shall be issued subject to such conditions and on payment of such fee as may be prescribed. **3[29. Destruction, etc., in a sanctuary prohibited without a permit.—No person shall destroy,** exploit or remove any wild life including forest produce from a sanctuary or destroy or damage or divert the habitat of any wild animal by any act whatsoever or divert, stop or enhance the flow of water into or outside the sanctuary, except under and in accordance with a permit granted by the Chief Wild Life Warden, and no such permit shall be granted unless the State Government being satisfied in consultation with the [4][National Board] that such removal of wild life from the sanctuary or the change in the flow of water into or outside the sanctuary is necessary for the improvement and better management of wild life therein, authorises the issue of such permit: Provided that where the forest produce is removed from a sanctuary the same may be used for meeting the personal _bona fide needs of the people living in and around the sanctuary and shall not be_ used for any commercial purpose. 5[Explanation.—For the purposes of this section, grazing or movement of livestock permitted under clause (d) of section 33, or hunting of wild animals under a permit granted under section 11 or hunting without violating the conditions of a permit granted under section 12, or the exercise of any rights permitted to continue under clause (c) of sub-section (2) of section 24, including the _bona fide use of_ drinking and household water by local communities until they are settled, shall not be deemed to be an act prohibited under this section.] **30. Causing fire prohibited.—No person shall set fire to a sanctuary, or kindle any fire, or leave any** fire burning, in a sanctuary, in such manner as to endanger such sanctuary. 1. Ins. by Act 44 of 1991, s. 19 (w.e.f. 2-10-1991). 2. Ins. by Act 18 of 2022, s. 10 (w.e.f. 1-4-2023). 3. Subs. by Act 16 of 2003, s. 15, for section 29 (w.e.f. 1-4-2003). 4. Subs. by Act 18 of 2022, s. 11, for “Board” (w.e.f. 1-4-2023). 5. Subs. by s. 11, ibid., for “the Explanation” (w.e.f. 1-4-2023). 20 ----- **31. Prohibition of entry into sanctuary with weapon.—No person shall enter a sanctuary with any** weapon except with the previous permission in writing of the Chief Wild Life Warden or the authorised officer. **32. Ban on use of injurious substances.—No person shall use, in a sanctuary, chemicals, explosives** or any other substances which may cause injury to, or endanger, any wild life in such sanctuary. **33. Control of sanctuaries.—The Chief Wild Life Warden shall be the authority who shall control,** 1[manage and protect all sanctuaries in accordance with such management plans for the sanctuary approved by him as per the guidelines issued by the Central Government and in case the sanctuary also falls under the Scheduled Areas or areas where the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (2 of 2007) is applicable, in accordance with the management plan for such sanctuary prepared after due consultation with the Gram Sabha concerned] and for that purpose, within the limits of any sanctuary,— (a) may construct such roads, bridges, buildings, fences or barrier gates, and carry out such other works as he may consider necessary for the purposes of such sanctuary: 2[Provided that no construction of 3[tourist lodges, including Government lodges, for commercial purposes], hotels, zoos and safari parks shall be undertaken inside a sanctuary except with the prior approval of the National Board.] (b) shall take such steps as will ensure the security of wild animals in the sanctuary and the preservation of the sanctuary and wild animals therein; (c) may take such measures, in the interests of wild life, as he may consider necessary for the improvement of any habitat; (d) may regulate, control or prohibit, in keeping with the interests of wild life, the grazing or movement of [4][live-stock.] 5*** **6[33A. Immunisation of live-stock.—(1) The Chief Wild Life Warden shall take such measures in** such manner, as may be prescribed, for immunisation against communicable diseases of the live-stock kept in or within five kilometres of a sanctuary. (2) No person shall take, or cause to be taken or grazed, any live-stock in a sanctuary without getting it immunised.] **7[33B. Advisory Committee.—(1) The State Government shall constitute an Advisory Committee** consisting of the Chief Wild Life Warden or his nominee not below the rank of Conservator of Forests as its head and shall include a member of the State Legislature within whose constituency the sanctuary is situated, three representatives of Panchayati Raj Institutions, two representatives of non-governmental organisations and three individuals active in the field of wild life conservation, one representative each from departments dealing with Home and Veterinary matters, Honorary Wild Life Warden, if any, and the officer-in-charge of the sanctuary as Member-Secretary. (2) The Committee shall render advice on measures to be taken for better conservation and management of the sanctuary including participation of the people living within and around the sanctuary. (3) The Committee shall regulate its own procedure including quorum.] **34. Registration of certain persons in possession of arms.—(1) Within three months from the** declaration of any area as a sanctuary, every person residing in or within ten kilometres of any such 1. Subs. by Act 18 of 2022, s. 12, for “manage and maintain all sanctuaries” (w.e.f. 1-4-2023). 2. Ins. by Act 16 of 2003, s. 16, (w.e.f. 1-4-2003). 3. Sub. by Act 18 of 2022, s. 12, for “commercial tourist lodges” (w.e.f. 1-4-2023). 4. Subs. by Act 44 of 1991, s. 21, for “cattle;” (w.e.f. 2-10-1991). 5. Clause (e) omitted by s. 21, ibid. (w.e.f. 2-10-1991). 6. Ins. by s. 22, ibid. (w.e.f. 2-10-1991). 7. Ins. by Act 16 of 2003, s. 17 (w.e.f. 1-4-2003). 21 ----- sanctuary and holding a licence granted under the Arms Act, 1959(54 of 1959), for the possession of arms or exempted from the provisions of that Act and possessing arms, shall apply in such form, on payment of such fee and within such time as may be prescribed, to the Chief Wild Life Warden or the authorised officer, for the registration of his name. (2) On receipt of an application under sub-section (1), the Chief Wild Life Warden or the authorised officer shall register the name of the applicant in such manner as may be prescribed. 1[(3) No new licences under the Arms Act, 1959 (54 of 1959) shall be granted within a radius of ten kilometres of a sanctuary without the prior concurrence of the Chief Wild Life Warden.] 2[(4) No renewal of any licence under the Arms Act, 1959, (54 of 1959) shall be granted to any person residing within ten kilometres of a sanctuary except under the intimation to the Chief Wild Life Warden or the authorised officer.] _National Parks_ **35. Declaration of National Parks.—(1) Whenever it appears to the State Government that an area,** whether within a sanctuary or not, is, by reason of its ecological, faunal, floral, geomorphological or zoological association or importance, needed to be constituted as a National Park for the purpose of protecting, propagating or developing wild life therein or its environment, it may, by notification, declare its intention to constitute such area as a National Park. 3[Provided that where any part of the territorial waters is proposed to be included in such National Park, the provisions of section 26A shall, as far as may be, apply in relation to the declaration of a National Park as they apply in relation to the declaration of a sanctuary.] (2) The notification referred to in sub-section (1) shall define the limits of the area which is intended to be declared as a National Park. (3) Where any area is intended to be declared as a National Park, the provisions of sections [4][19 to 26A (both inclusive except cause (c) of sub-section (2) of section 24)] shall, as far as may, be, apply to the investigation and determination of claims, and extinguishment of rights, in relation to any land in such area as they apply to the said matters in relation to any land in a sanctuary. 5[(3A) When the State Government declares its intention under sub-section (1) to constitute any area as a National Park, the provisions of sections 27 to 33A (both inclusive), shall come into effect forthwith, until the publication of the notification declaring such National Park under sub-section (4). (3B) Till such time as the rights of the affected persons are finally settled under sections 19 to 26A [both inclusive except clause (c) of sub-section (2) of section 24], the State Government shall make alternative arrangements required for making available fuel, fodder and other forest produce to the persons affected, in terms of their rights as per the Government records.] (4) When the following events have occurred, namely,— (a) the period for preferring claims has elapsed, and all claims, if any, made in relation to any land in an area intended to be declared as a National Park, have been disposed of by the State Government, and (b) all rights in respect of lands proposed to be included in the National Park have become vested in the State Government, the State Government shall publish a notification specifying the limits of the area which shall be comprised within the National Park and declare that the said area shall be a National Park on and from such date as may be specified in the notification. 1. Ins. by Act 44 of 1991, s. 22A (w.e.f. 21-5-2001). 2. Ins. by Act 18 of 2022, s. 13 (w.e.f. 1-4-2023). 3. Added by Act 44 of 1991, s. 23, (w.e.f. 2-10-1991). 4. Subs. by s. 23, ibid., for “section 23, for “19 to 26 (both inclusive)” (w.e.f. 2-10-1991). 5. Ins. by Act 18 of 2022, s. 14 (w.e.f. 1-4-2023). 22 ----- 1[(5) No alteration of the boundaries of a National Park by the State Government shall be made except on a recommendation of the National Board. (6) No person shall destroy, exploit or remove any Wild Life including forest produce from a National Park or destroy or damage or divert the habitat of any wild animal by any act whatsoever or divert, stop or enhance the flow of water into or outside the National Park, except under and in accordance with a permit granted by the Chief Wild Life Warden, and no such permit shall be granted unless the State Government being satisfied in consultation with the National Board that such removal of wild life from the National Park or the change in the flow of water into or outside the National Park is necessary for the improvement and better management of wild life therein, authorises the issue of such permit: Provided that where the forest produce is removed from a National Park, the same may be used for meeting the personal bona fide needs of the people living in and around the National Park and shall not be used for any commercial purpose.] (7) No grazing of any [2][live-stock] shall be permitted in a National Park and no [2][live-stock] shall be allowed to enter therein except where such [2][live-stock] is used as a vehicle by a person authorised to enter such National Park. (8) The provisions of sections 27 and 28, sections 30 to 32 (both inclusive), and clauses (a), (b) and (c) of [3][section 33, section 33A] shall, as far as may be, apply in relation to a National Park as they apply in relation to a sanctuary. 4[Explanation.—For the purposes of this section, in case of an area, whether within a sanctuary or not, where the rights have been extinguished and the land has become vested in the State Government under any Act or otherwise, such area may be notified by it, by a notification, as a National Park and the proceedings under sections 19 to 26 (both inclusive) and the provisions of sub-sections (3) and (4) of this section shall not apply.] _5***_ **36.** [Declaration of game reserve.]—Omitted by the Wild Life (Protection) Amendment Act, 1991 _(44 of 1991), s. 24 (w.e.f. 2-10-1991)._ **6[36A. Declaration and management of a conservation reserve.—(1) The State Government may,** after having consultations with the local communities, declare any area owned by the Government, particularly the areas adjacent to National Parks and sanctuaries and those areas which link one protected area with another, as a conservation reserve for protecting landscapes, seascapes, flora and fauna and their habitat: Provided that where the conservation reserve includes any land owned by the Central Government, its prior concurrence shall be obtained before making such declaration. (2) The provisions of sub-section (2) of section 18, sub-sections (2), (3) and (4) of section 27, sections 30, 32 and clauses (b) and (c) of section 33 shall, as far as may be, apply in relation to a conservation reserve as they apply in relation to a sanctuary. **36B. Conservation reserve management committee.—(1) The State Government shall constitute a** conservation reserve management committee to advise the Chief Wild Life Warden to conserve, manage and maintain the conservation reserve. (2) The committee shall consist of a representative of the forest or Wild Life Department, who shall be the Member-Secretary of the Committee, one representative of each Village Panchayat in whose jurisdiction the reserve is located, three representatives of non-governmental organisations working in the 1. Subs. by Act 16 of 2003, s. 19, for sub-sections (5) and (6) (w.e.f. 1-4-2003). 2. Subs. by Act 44 of 1991, s. 23, for “cattle” (w.e.f. 2-10-1991). 3. Subs. by s. 23, ibid., for “section 33” (w.e.f. 2-10-1991). 4. Ins. by Act 16 of 2003, s. 19 (w.e.f. 1-4-2003). 5. The sub-heading “GAME RESERVE” omitted by Act 44 of 1991, s. 24 (w.e.f. 2-10-1991). 6. Ins. by Act 16 of 2003, s. 20 (w.e.f. 1-4-2003). 23 ----- field of wild life conservation and one representative each from the Department of Agriculture and Animal Husbandry. (3) The Committee shall regulate its own procedure including the quorum. **36C. Declaration and management of community reserve.—(1) The State Government may,** where the community or an individual has volunteered to conserve wild life and its habitat, declare any private or community land not comprised within a National Park, sanctuary or a conservation reserve, as a community reserve, for protecting fauna, flora and traditional or cultural conservation values and practices. (2) The provisions of sub-section (2) of section 18, sub-sections (2), (3) and (4) of section 27, sections 30, 32 and clauses (b) and (c) of section 33 shall, as far as may be, apply in relation to a community reserve as they apply in relation to a sanctuary. (3) After the issue of notification under sub-section (1), no change in the land use pattern shall be made within the community reserve, except in accordance with a resolution passed by the management committee and approval of the same by the State Government. **36D. Community reserve management committee.—(1) The State Government shall constitute a** Community Reserve management committee, which shall be the authority responsible for conserving, maintaining and managing the community reserve. (2) The committee shall consist of [1][not less than five representatives] nominated by the Village Panchayat or where such Panchayat does not exist by the members of the Gram Sabha and one representative of the State Forests or Wild Life Department under whose jurisdiction the community reserve is located. 2[(2A) Where a community reserve is declared on private land under sub-section (1) of section 36C, the community reserve management committee shall consist of the owner of the land, a representative of the State Forests or Wild Life Department under whose jurisdiction the community reserve is located and also the representative of the Panchayat concerned or the tribal community, as the case may be.] (3) The committee shall be the competent authority to prepare and implement the management plan for the community reserve and to take steps to ensure the protection of wild life and its habitat in the reserve. (4) The committee shall elect a Chairman who shall also be the Honorary Wild Life Warden on the community reserve. (5) The committee shall regulate its own procedure including the quorum.] _Closed Area_ **37.** [Declaration of closed area.]—Omitted by the Wild Life (Protection) Amendment Act, 2002 (16 of 2003), s. 21(w.e.f. 1-4-2003). _Sanctuaries or National Parks declared by Central Government_ **38. Power of Central Government to declare areas as sanctuaries or National Parks** **[3][or** **conservation reserves].—(1) Where the State Government leases or otherwise transfers any area under** its control, not being an area within a sanctuary, to the Central Government, the Central Government may, if it is satisfied that the conditions specified in section 18 are fulfilled in relation to the area so transferred to it, declare such area, by notification, to be a sanctuary and the provisions of [4][sections 18 to 35] (both inclusive), 54 and 55 shall apply in relation to such sanctuary as they apply in relation to a sanctuary declared by the State Government. 1. Subs. by Act 18 of 2022, s. 15, for “five representatives” (w.e.f. 1-4-2023). 2. Ins. by s. 15, ibid. (w.e.f. 1-4-2023). 3. Ins. by s. 16, ibid. (w.e.f. 1-4-2023). 4. Subs. by Act 44 of 1991, s. 25, for “sections 19 to 35” (w.e.f. 2-10-1991). 24 ----- (2) The Central Government may, if it is satisfied that the conditions specified in section 35 are fulfilled in relation to any area referred to in section (1), whether or not such area has been declared, to be a sub sanctuary by the Central Government or the State Government, declare such area, by notification, to be a National Park and the provisions of sections 35, 54 and 55 shall apply in relation to such National Park as they apply in relation to a National Park declared by the State Government. 1[(2A) The Central Government may, if it is satisfied that the conditions specified in sub-section (1) of section 36A are fulfilled in relation to any area referred to in sub-section (1), declare such area, by notification, to be a conservation reserve and the provisions of sections 36A and 36B shall apply in relation to such conservation reserve as they apply in relation to a conservation reserve declared by the State Government.] (3) In relation to a sanctuary or National Park [2][or conservation reserve] declared by the Central Government, the powers and duties of the Chief Wild Life Warden under the sections referred to in 3[sub-sections (1), (2) and (2A)], shall be exercised and discharged by the Director or by such other officer as may be authorised by the Director in this behalf and references, in the sections aforesaid, to the State Government shall be construed as references to the Central Government and reference therein to the Legislature of the State shall be construed as a reference to Parliament. 4[CHAPTER IVA CENTRAL ZOO AUTHORITY AND RECOGNITION OF ZOOS **38A. Constitution of Central Zoo Authority.—(1) The Central Government shall constitute a body** to be known as the Central Zoo Authority (hereinafter in this Chapter referred to as the Authority), to exercise the powers conferred on, and to perform the functions assigned to it under this Act. (2) The Authority shall consist of— (a) chairperson; (b) such number of members not exceeding ten; and (c) Member-Secretary, to be appointed by the Central Government. **38B. Term of office and conditions of service of Chairperson and members, etc.—(1) The** chairperson and every member [5][other than the Member-Secretary] shall hold office for such period, not exceeding three years, as may be specified by the Central Government in this behalf. (2) The chairperson or a member may by writing under his hand addressed to the Central Government, resign from the office of chairperson or, as the case may be, of the member. (3) The Central Government shall remove a person from the office of chairperson or member referred to in sub-section (2) if that person— (a) becomes an undischarged insolvent; (b) gets convicted and sentenced to imprisonment for an offence which in the opinion of the Central Government involves moral turpitude; (c) becomes of unsound mind and stands so declared by a competent court; (d) refuses to act or becomes incapable of acting; (e) is, without obtaining leave of absence from the authority, absent from three consecutive meetings of the Authority; or 1. Ins. by Act 18 of 2022, s. 16 (w.e.f. 1-4-2023). 2. Ins. by s. 16, ibid. (w.e.f. 1-4-2023). 3. Subs. by s. 16, ibid, for “sub-sections (1) and (2)” (w.e.f. 1-4-2023). 4. Ins. by Act 44 of 1991, s. 26 (w.e.f. 2-10-1991). 5. Ins. by Act 16 of 2003, s. 22 (w.e.f.1-4-2003). 25 ----- (f) in the opinion of the Central Government has so abused the position of chairperson or member as to render that person’s continuance in office detrimental to the public interest: Provided that no person shall be removed under this clause unless that person has been given a reasonable opportunity of being heard in the matter. (4) A vacancy caused under sub-section (2) or otherwise shall be filled by fresh appointment. (5) The salaries and allowances and other conditions of appointment of chairperson, members and Member-Secretary of the Authority shall be such as may be prescribed. (6) The Authority shall, with the previous sanction of the Central Government, employ such officers and other employees as it deems necessary to carry out the purposes of the Authority. (7) The terms and conditions of service of the officers and other employees of the Authority shall be such as may be prescribed. (8) No act or proceeding of the Authority shall be questioned or shall be invalid on the ground merely of the existence of any vacancies or defect in the constitution of the Authority. **38C. Functions of the Authority.—The Authority shall perform the following functions, namely:—** (a) specify the minimum standards for housing, upkeep and veterinary care of the animals kept in a zoo; (b) evaluate and assess the functioning of zoos with respect to the standards or the norms as may be prescribed; (c) recognise or derecognise zoos; (d) identify endangered species of wild animals for purposes of captive breeding and assigning responsibility in this regard to a zoo; (e) co-ordinate the acquisition, exchange and loaning of animals for breeding purposes; (f) ensure maintenance of stud-books of endangered species of wild animals bred in captivity; (g) identify priorities and themes with regard to display of captive animals in a zoo; (h) co-ordinate training of zoo personnel in India and outside India; (i) co-ordinate research in captive breeding and educational programmes for the purposes of zoos; (j) provide technical and other assistance to zoos for their proper management and development on scientific lines; (k) perform such other functions as may be necessary to carry out the purposes of this Act with regard to zoos. **38D. Procedure to be regulated by the Authority.—(1) The Authority shall meet as and when** necessary and shall meet at such time and place as the chairperson may think fit. (2) The Authority shall regulate its own procedure. (3) All orders and decisions of the Authority shall be authenticated by the Member-Secretary or any other officer of the Authority duly authorised by the Member-Secretary in this behalf. **38E.Grants and loans to Authority and Constitution of Fund.—(1) The Central Government may,** after due appropriation made by Parliament by law in this behalf, make to the Authority grants and loans of such sums of money as that Government may consider necessary. (2) There shall be constituted a Fund to be called the Central Zoo Authority Fund and there shall be credited thereto any grants and loans made to the Authority by the Central Government, all fees and charges received by the Authority under this Act and all sums received by the Authority from such other sources as may be decided upon by the Central Government. 26 ----- (3) The Fund referred to in sub-section (2) shall be applied for meeting salary, allowances and other remuneration of the members, officers and other employees of the Authority and the expenses of the Authority in the discharge of its functions under this Chapter and expenses on objects and for purposes authorised by this Act. (4) The Authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India. (5) The accounts of the Authority shall be audited by the Comptroller and Auditor-General at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Authority to the Comptroller and Auditor-General. (6) The Comptroller and Auditor-General and any person appointed by him in connection with the audit of the accounts of the Authority 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 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 Authority. (7) The accounts of the Authority, as certified by the Comptroller and Auditor-General or any other person appointed by him in this behalf, together with the audit report thereon, shall be forwarded annually to the Central Government by the Authority. **38F. Annual report.—The Authority shall prepare in such form and at such time, for each financial** year, as may be prescribed, its annual report, giving a full account of its activities during the previous financial year and forward a copy thereof to the Central Government. **38G. Annual report and audit report to be laid before Parliament.—The Central Government** shall cause the annual report together with a memorandum of action taken on the recommendations contained therein, in so far as they relate to the Central Government, and the reasons for the nonacceptance, if any, of any of such recommendations and the audit report to be laid as soon as may be after the reports are received before each House of Parliament. **38H. Recognition of zoos.—(1) No zoo shall be operated without being recognised by the Authority:** Provided that a zoo being operated immediately before the date of commencement of the Wild Life (Protection) (Amendment) Act, 1991(44 of 1991) may continue to operate without being recognised for a period of [1][eighteen months from the date of such commencement] and if the application seeking recognition is made within that period, the zoo may continue to be operated until the said application is finally decided or withdrawn and in case of refusal for a further period of six months from the date of such refusal. 2[(1A) On and after the commencement of the Wild Life (Protection) Amendment Act, 2002 (16 of 2003) a zoo shall not be established without obtaining the prior approval of the Authority.] (2) Every application for recognition of a zoo shall be made to the Authority in such form and on payment of such fee as may be prescribed. (3) Every recognition shall specify the conditions, if any, subject to which the applicant shall operate the zoo. (4) No recognition to a zoo shall be granted unless the Authority, having due regard to the interests of protection and conservation of wild life, and such standards, norms and other matters as may be prescribed, is satisfied that recognition should be granted. (5) No application for recognition of a zoo shall be rejected unless the applicant has been given a reasonable opportunity of being heard. 1. Subs. by Act 26 of 1993, s. 2, for “six months from the date of such commencement” (w.e.f. 4-8-1992). 2. Ins. by Act 16 of 2003, s. 23 (w.e.f. 1-4-2003). 27 ----- (6) The Authority may, for reasons to be recorded by it, suspend or cancel any recognition granted under sub-section (4): Provided that no such suspension or cancellation shall be made except after giving the person operating the zoo a reasonable opportunity of being heard. (7) An appeal from an order refusing to recognise a zoo under sub-section (5) or an order suspending or cancelling a recognition under sub-section (6) shall lie to the Central Government. (8) An appeal under sub-section (7) shall be preferred within thirty days from the date of communication to the applicant of the order appealed against: Provided that the Central Government may admit any appeal preferred after the expiry of the period aforesaid if it is satisfied that the appellant had sufficient cause for not preferring the appeal in time. **1[38-I. Acquisition of animals by a zoo.—(1) Subject to the other provisions of this Act, no zoo shall** acquire, sell or transfer any wild animal or captive animal specified in Schedules I [2]*** except with the previous permission of the Authority. (2) No zoo shall acquire, sell or transfer any wild or captive animal except from or to a recognised zoo.] 3[Provided that nothing in this sub-section shall apply to a conservation breeding centre.] **38J. Prohibition of teasing, etc., in a zoo.—No person shall tease, molest, injure or feed any animal** or cause disturbance to the animals by noise or otherwise, or litter the grounds in a zoo.] 4[CHAPTER IVB NATIONAL TIGER CONSERVATION AUTHORITY **38K. Definitions.—In this Chapter,—** (a) “National Tiger Conservation Authority” means the Tiger Conservation Authority constituted under section 38L; (b) “Steering Committee” means the Committee constituted under section 38U; (c) “Tiger Conservation Foundation” means the foundation established under section 38X; (d) “tiger reserve State” means a State having tiger reserve; (e) “tiger reserve” means the areas notified as such under section 38V. **38L. Constitution of National Tiger Conservation Authority.—(1) The Central Government shall** constitute a body to be known as the National Tiger Conservation Authority (hereinafter in this Chapter referred to as the Tiger Conservation Authority), to exercise the powers conferred on, and to perform the functions assigned to it under this Act. (2) The Tiger Conservation Authority shall consist of the following members, namely:— (a) the Minister in charge of the Ministry of Environment and Forests—Chairperson; (b) the Minister of State in the Ministry of Environment and Forests—Vice-Chairperson; (c) three members of Parliament of whom two shall be elected by the House of the People and one by the Council of States; (d) eight experts or professionals having prescribed qualifications and experience in conservation of wild life and welfare of people living in tiger reserve out of which at least two shall be from the field of tribal development; 1. Subs. by Act 16 of 2003, s. 24, for section 38-I (w.e.f. 1-4-2003). 2. The word and figures “and II” omitted by Act 18 of 2022, s. 17 (w.e.f. 1-4-2023). 3. Ins. by s. 17, ibid, (w.e.f. 1-4-2023). 4. Ins. by Act 39 of 2006, s. 2 (w.e.f. 4-9-2006). 28 ----- (e) Secretary, Ministry of Environment and Forests; (f) Director General of Forests and Special Secretary, Ministry of Environment and Forests; (g) Director, Wild Life Preservation, Ministry of Environment and Forests; (h) six Chief Wild Life Wardens from the tiger reserve States in rotation for three years; (i) an officer not below the rank of Joint Secretary and Legislative Counsel from the Ministry of Law and Justice; (j) Secretary, Ministry of Tribal Affairs; (k) Secretary, Ministry of Social Justice and Empowerment; (l) Chairperson, National Commission for the Scheduled Tribes; (m) Chairperson, National Commission for the Scheduled Castes; (n) Secretary, Ministry of Panchayati Raj; (o) [1][an officer not below the rank of Inspector General of Forests] having at least ten years experience in a tiger reserve or wildlife management, who shall be the Member-Secretary, to be notified by the Central Government, in the Official Gazette. (3) It is hereby declared that the office of member of the Tiger Conservation Authority shall not disqualify its holder for being chosen as, or for being, a member of either House of Parliament. **38M. Term of office and conditions of service of members.—(1) A member nominated under** clause (d) of sub-section (2) of section 38L shall hold office for such period not exceeding three years: Provided that a member may, by writing under his hand addressed to the Central Government, resign from his office. (2) The Central Government shall remove a member referred to in clause (d) of sub-section (2) of section 38L, from office if he— (a) is, or at any time has been, adjudicated as insolvent; (b) has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude; (c) is of unsound mind and stands so declared by a competent court; (d) refuses to act or becomes incapable of acting; (e) is, without obtaining leave of absence from the Tiger Conservation Authority, absent from three consecutive meetings of the said Authority; or (f) has, in the opinion of the Central Government, so abused his position as to render his continuation in office detrimental to the public interest: Provided that no member shall be removed under this sub-section unless he has been given a reasonable opportunity of being heard in the matter. (3) Any vacancy in the office of a member shall be filled by fresh appointment and such member shall continue for the remainder of the term of the member in whose place he is appointed. (4) The salaries and allowances and other conditions of appointment of the members of the Tiger Conservation Authority shall be such as may be prescribed. (5) No act or proceeding of the Tiger Conservation 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 Tiger Conservation Authority. 1. Subs. by Act 18 of 2022, s. 18, for “Inspector General of Forests or an officer of the equivalent rank” (w.e.f. 1-4-2023). 29 ----- **38N. Officers and employees of Tiger Conservation Authority.—(1) The Tiger Conservation** Authority may, with the previous sanction of the Central Government, appoint such other officers and employees as it considers necessary for the efficient discharge of its functions under this Act: Provided that the officers and employees holding office under the Directorate of Project Tiger and dealing with Project Tiger immediately before the date of constitution of the Tiger Conservation Authority shall continue to hold office in the said Authority by the same tenure and upon the same terms and conditions of service or until the expiry of the period of six months from that date if such employee opts not to be’ the employee of that Authority. (2) The terms and conditions of service of the officers and other employees of the Tiger Conservation Authority shall be such as may be prescribed. **38O. Powers and functions of Tiger Conservation Authority.—(1) The Tiger Conservation** Authority shall have the following powers and perform the following functions, namely:— (a) to approve the Tiger Conservation Plan prepared by the State Government under sub-section (5) of section 38V of this Act; (b) evaluate and assess various aspects of sustainable ecology and disallow any ecologically unsustainable land use such as, mining, industry and other projects within the tiger reserves; (c) lay down normative standards for tourism activities and guidelines for project tiger from time to time for tiger conservation in the buffer and core area of tiger reserves and ensure their due compliance; (d) provide for management focus and measures for addressing conflicts of men and wild animals and to emphasise on co-existence in forest areas outside the National Parks, sanctuaries or tiger reserve, in the working plan code; (e) provide information on protection measures including future conservation plan, estimation of population of tiger and its natural prey species, status of habitats, disease surveillance, mortality survey, patrolling, reports on untoward happenings and such other management aspects as it may deem fit including future plan conservation; (f) approve, co-ordinate research and monitoring on tiger, co-predators, prey, habitat, related ecological and socio-economic parameters and their evaluation; (g) ensure that the tiger reserves and areas linking one protected area or tiger reserve with another protected area or tiger reserve are not diverted for ecologically unsustainable uses, except in public interest and with the approval of the National Board for Wild Life and on the advice of the Tiger Conservation Authority; (h) facilitate and support the tiger reserve management in the State for biodiversity conservation initiatives through eco-development and people’s participation as per approved management plans and to support similar initiatives in adjoining areas consistent with the Central and State laws; (i) ensure critical support including scientific, information technology and legal support for better implementation of the tiger conservation plan; (j) facilitate ongoing capacity building programme for skill development of officers and staff of tiger reserves; and (k) perform such other functions as may be necessary to carry out the purposes of this Act with regard to conservation of tigers and their habitat. (2) The Tiger Conservation Authority may, in the exercise of its powers and performance of its functions under this Chapter, issue directions in writing to any person, officer or authority for the protection of tiger or tiger reserves and such person, officer or authority shall be bound to comply with the directions: Provided that no such direction shall interfere with or affect the rights of local people particularly the Scheduled Tribes. 30 ----- **38P. Procedure to be regulated by Tiger Conservation Authority.—(1) The Tiger Conservation** Authority shall meet at such time and at such place as the Chairperson may think fit. (2) The Chairperson or in his absence the Vice-Chairperson shall preside over the meetings of the Tiger Conservation Authority. (3) The Tiger Conservation Authority shall regulate its own procedure. (4) All orders and decisions of the Tiger Conservation Authority shall be authenticated by the Member-Secretary or any other officer of the said Authority duly authorised by the Member-Secretary in this behalf. **38Q. Grants and loans to Tiger Conservation Authority and Constitution of Fund.—(1) The** Central Government may, after due appropriation made by Parliament by law in this behalf, make to the Tiger Conservation Authority grants and loans of such sums of money as that Government may consider necessary. (2) There shall be constituted a Fund to be called the Tiger Conservation Authority Fund and there shall be credited thereto— (i) any grants and loans made to the Tiger Conservation Authority by the Central Government; (ii) all fees and charges received by the Tiger Conservation Authority under this Act; and (iii) all sums received by the Authority from such other sources as may be decided upon by the Central Government. (3) The Fund referred to in sub-section (2) shall be applied for meeting salary, allowances and other remuneration of the members, officers and other employees of the Tiger Conservation Authority and the expenses of the Tiger Conservation Authority incurred in the discharge of its functions under this Chapter. **38R. Accounts and audit of Tiger Conservation Authority.—(1) The Tiger Conservation** Authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India. (2) The accounts of the Tiger Conservation Authority 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 Tiger Conservation Authority to the Comptroller and Auditor-General of India. (3) The Comptroller and Auditor-General of India and any other person appointed by him in connection with the audit of the accounts of the Tiger Conservation Authority shall have the same rights and privileges and authority in connection with such audit as the Comptroller and Auditor-General generally has in connection with the audit of 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 office of the Tiger Conservation Authority. (4) The accounts of the Tiger Conservation Authority as certified by the Comptroller and Auditor General of India or any other person appointed by him in this behalf together with the audit report thereon, shall be forwarded annually to the Central Government by the Tiger Conservation Authority. **38S. Annual report of Tiger Conservation Authority.—The Tiger Conservation Authority shall** prepare in such form and at such time, for each financial year, as may be prescribed, its annual report, giving a full account of its activities during the previous financial year and forward a copy thereof to the Central Government. **38T. Annual report and audit report to be laid before Parliament.—The Central Government** shall cause the annual report together with a memorandum of action taken on the recommendations contained therein, insofar as they relate to the Central Government, and the reasons for the nonacceptance, if any, of any of such recommendations, and the audit report to be laid, as soon as may be after the reports are received, before each House of Parliament. 31 ----- **38U. Constitution of Steering Committee.—(1) The State Government may constitute a Steering** Committee for ensuring co-ordination, monitoring, protection and conservation of tiger, co-predators and prey animals within the tiger range States. (2) The Steering Committee shall consists of— (a) the Chief Minister —Chairperson; (b) the Minister in-charge of Wild Life —Vice-Chairperson; (c) such number of official members not exceeding five including at least two Field Directors of tiger reserve or Director of National Park and one from the State Government’s Departments dealing with tribal affairs; (d) three experts or professionals having qualifications and experience in conservation of wild life of which at least one shall be from the field of tribal development, (e) two members from the State’s Tribal Advisory Council; (f) one representative each from State Government’s Departments dealing with Panchayati Raj and Social Justice and Empowerment; (g) Chief Wild Life Warden of the State shall be the Member-Secretary, ex officio, to be notified by the State Government, in the Official Gazette. **38V. Tiger Conservation Plan.—(1) The State Government shall, on the recommendation of the** Tiger Conservation Authority, notify an area as a tiger reserve. (2) The provisions of sub-section (2) of section 18, sub-sections (2), (3) and (4) of section 27, sections 30,32 and clauses (b) and (c) of section 33 of this Act shall, as far as may be, apply in relation to a tiger reserve as they apply in relation to a sanctuary. (3) The State Government shall prepare a Tiger Conservation Plan including staff development and deployment plan for the proper management of each area referred to in sub-section (1), so as to ensure— (a) protection of tiger reserve and providing site specific habitat inputs for a viable population of tigers, co-predators and prey animals without distorting the natural prey-predator ecological cycle in the habitat; (b) ecologically compatible land uses in the tiger reserves and areas linking one protected area or tiger reserve with another for addressing the livelihood concerns of local people, so as to provide dispersal habitats and corridor for spill over population of wild animals from the designated core areas of tiger reserves or from tiger breeding habitats within other protected areas; (c) the forestry operations of regular forest divisions and those adjoining tiger reserves are not incompatible with the needs of tiger conservation. (4) Subject to the provisions contained in this Act, the State Government shall, while preparing a Tiger Conservation Plan, ensure the agricultural, livelihood, developmental and other interests of the people living in tiger bearing forests or a tiger reserve, _Explanation.—For the purposes of this section, the expression “tiger reserve” includes—_ (i) core or critical tiger habitat areas of National Parks and sanctuaries, where it has been established, on the basis of scientific and objective criteria, that such areas are required to be kept as inviolate for the purposes of tiger conservation, without affecting the rights of the Scheduled Tribes or such other forest dwellers, and. notified as such by the State Government in consultation with an Expert Committee constituted for the purpose; (ii) buffer or peripheral area consisting of the area peripheral to critical tiger habitat or core area, identified and established in accordance with the provisions contained in Explanation (i) above, where a lesser degree of habitat protection is required to ensure the integrity of the critical tiger habitat with adequate dispersal for tiger species, and which aim at promoting co-existence between wildlife and human activity with due recognition of the livelihood, developmental, social and cultural 32 ----- rights of the local people, wherein the limits of such areas are determined on the basis of scientific and objective criteria in consultation with the concerned Gram Sabha and an Expert Committee constituted for the purpose. (5) Save as for voluntary relocation on mutually agreed terms and conditions, provided that such terms and conditions satisfy the requirements laid down in this sub-section, no Scheduled Tribes or other forest dwellers shall be resettled or have their rights adversely affected for the purpose of creating inviolate areas for tiger conservation unless— (i) the process of recognition and determination of rights and acquisition of land or forest rights of the Scheduled Tribes and such other forest dwelling persons is complete; (ii) the concerned agencies of the State Government, in exercise of their powers under this Act, establishes with the consent of the Scheduled Tribes and such other forest dwellers in the area, and in consultation with an ecological and social scientist familiar with the area, that the activities of the Scheduled Tribes and other forest dwellers or the impact of their presence upon wild animals is sufficient to cause irreversible damage and shall threaten the existence of tigers and their habitat; (iii) the State Government, after obtaining the consent of the Scheduled Tribes and other forest dwellers inhabiting the area, and in consultation with an independent ecological and social scientist familiar with the area, has come to a conclusion that other reasonable options of co-existence, are not available; (iv) resettlement or alternative package has been prepared providing for livelihood for the affected individuals and communities and fulfils the requirements given in the National Relief and Rehabilitation Policy; (v) the informed consent of the Gram Sabha concerned, and of the persons affected, to the resettlement programme has been obtained; and (vi) the facilities and land allocation at the resettlement location are provided under the said programme, otherwise their existing rights shall not be interfered with. **38W. Alteration and de-notification of tiger reserves.—(1) No alteration in the boundaries of a** tiger reserve shall be made except on a recommendation of the Tiger Conservation Authority and the approval of the National Board for Wild Life. (2) No State Government shall de-notify a tiger reserve, except in public interest with the approval of the Tiger Conservation Authority and the National Board for Wild Life. **38X. Establishment of Tiger Conservation Foundation.—(1) The State Government shall establish** a Tiger Conservation Foundation for tiger reserves within the State in order to facilitate and support their management for conservation of tiger and biodiversity and, to take initiatives in eco-development by involvement of people in such development process. (2) The Tiger Conservation Foundation shall, inter alia, have the following objectives:— (a) to facilitate ecological, economic, social and cultural development in the tiger reserves; (b) to promote eco-tourism with the involvement of local stake-holder communities and provide support to safeguard the natural environment in the tiger reserves; (c) to facilitate the creation of, and or maintenance of, such assets as may be necessary for fulfilling the above said objectives; (d) to solicit technical, financial, social, legal and other support required for the activities of the Foundation for achieving the above said objectives; (e) to augment and mobilise financial resources including recycling of entry and such other fees received in a tiger reserve, to foster stake-holder development and eco-tourism; (f) to support research, environmental education and training in the above related fields. 33 ----- 1[38XA. Provisions of Chapter to be in addition to provisions relating to sanctuaries and **National Park.— The provisions contained in this Chapter shall be in addition to, and not in derogation** of, the provisions relating to sanctuaries and National Parks (whether included and declared, or are in the process of being so declared) included in a tiger reserve under this Act.] CHAPTER IVC 2[WILD LIFE] CRIME CONTROL BUREAU **38Y. Constitution of [3][Wild Life] Crime Control Bureau.—The Central Government may, for the** purposes of this Act, by order published in the Official Gazette, constitute a [4]*** Wildlife Crime Control Bureau consisting of— (a) the Director of Wildlife Preservation—Director ex officio; (b) the Inspector-General of Police—Additional Director; (c) the Deputy Inspector-General of Police—Joint Director; (d) the Deputy Inspector-General of Forests—Joint Director; (e) the Additional Commissioner (Customs and [5][Central Goods and Services Tax]—Joint Director; and (f) such other officers as may be appointed from amongst the officers covered under sections 3 and 4 of this Act. **38Z. Powers and functions of the Wildlife Crime Control Bureau.—(1) Subject to the provisions** of this Act, the Wildlife Crime Control Bureau shall take measures with respect to— (i) collect and collate intelligence related to organized wildlife crime activities and to disseminate the same to State and other enforcement agencies for immediate action, so as to apprehend the criminals and to establish a centralised wildlife crime data bank; (ii) co-ordination of actions by various officers, State Governments and other authorities in connection with the enforcement of the provisions of this Act, either directly or through regional and border units set up by the Bureau; (iii) implementation of obligations under the various international Conventions and protocols that are in force at present or which may be ratified or acceded to by India in future; (iv) assistance to concerned authorities in foreign countries and concerned international organisations to facilitate co-ordination and universal action for wildlife crime control; (v) develop infrastructure and capacity building for scientific and professional investigation into wildlife crimes and assist State Governments to ensure success in prosecutions related to wildlife crimes; (vi) advice the Government of India on issues relating to wildlife crimes having national and international ramifications, and suggest changes required in relevant policy and laws from time to time. (2) The Wildlife Crime Control Bureau shall exercise— (i) such powers as may be delegated to it under sub-section (1) of section 5, sub-sections (1) and (8) of section 50 and section 55 of this Act; and (ii) such other powers as may be prescribed.] 1. Ins. by Act 18 of 2022, s. 19 (w.e.f. 1-4-2023). 2. Subs. by s. 20, ibid., for “TIGER AND OTHER ENDANGERED SPECIES” (w.e.f. 1-4-2023). 3. Subs. by s. 21, ibid., for “Tiger and other Endangered Species” (w.e.f. 1-4-2023). 4. The words “Tiger and other Endangered Species Crime Control Bureau to be known as the” omitted by s. 21, ibid. (w.e.f. 1-4 2023). 5. Subs. by s. 21, ibid., for “Central Excise” (w.e.f. 1-4-2023). 34 ----- CHAPTER V TRADE OR COMMERCE IN WILD ANIMALS, ANIMAL ARTICLES AND TROPHIES **39. Wild animals, etc., to be Government property.—(1) Every—** (a) wild animal, other than vermin, which is hunted under section 11 or sub-section (1) of section 29 or sub-section (6) of section 35 or kept or [1][bred in captivity or hunted] in contravention of any provision of this Act or any rule or order made thereunder or found dead, or killed [2]*** or by mistake; and (b) animal article, trophy or uncured trophy or meat derived from any wild animal referred to in clause (a) in respect of which any offence against this Act or any rule or order made thereunder has been committed, 3[(c) ivory imported into India and an article made from such ivory in respect of which any offence against this Act or any rule or order made thereunder has been committed; (d) vehicle, vessel, weapon, trap or tool that has been used for committing an offence and has been seized under the provisions of this Act.] shall be the property of the State Government, and, wheresuch animal is hunted in a sanctuary or National Park declared by the Central Government, such animal or any animal article, trophy, uncured trophy or meat [4][derived from such animal or any vehicle, vessel, weapon, trap or tool used in such hunting] shall be the property of the Central Government. (2) Amy person who obtains, by any means, the possession of Government property, shall, within forty-eight hours from obtaining such possession, make a report as to the obtaining of such possession to the, nearest police station or the authorised officer and shall, if so required, hand over such property to the officer-in-charge of such police station or such authorised officer, as the case may be. (3) No person shall, without the previous permission in writing of the Chief Wild Life Warden or the authorised officer— (a) acquire or keep in his possession, custody or control, or (b) transfer to any person, whether by way of gift, sale or otherwise, or (c) destroy or damage, such Government property. 5[(4) Where any such Government property is a live animal, the State Government shall ensure that it is housed and cared for by a recognised zoo or rescue centre when it can not be released to its natural habitat. (5) Any such animal article, trophy or uncured trophy or meat derived from any wild animal, as referred to in sub-sections (1) and (2) may be disposed of by the State Government or the Central Government, as the case may be, in such manner as may be prescribed by the Central Government: Provided that such disposal shall not include any commercial sale or auction and no certificate of ownership shall be issued for such disposal.] **40. Declarations.—(1) Every person having at the commencement of this Act the control, custody or** possession of any captive animal specified in Schedule I [6]***, [7][or animal article, trophy or uncured trophy] derived from such animal or salted or dried skins of such animal or the musk of a musk deer or the horn of a rhinoceros, shall, within thirty days from the commencement of this Act, declare to the Chief Wild Life Warden or the authorised officer the number and description of the animal, or article of 1. Subs. by Act 44 of 1991, s. 27, for “bred in captivity” (w.e.f. 2-10-1991). 2. The words “without a licence or” omitted by s. 27, ibid. (w.e.f. 2-10-1991). 3. Ins. by s. 27, ibid. (w.e.f. 2-10-1991). 4. Subs. by Act 44 of 1991, s. 27, for “derived from such animal” (w.e.f. 2-10-1991). 5. Ins. by Act 18 of 2022, s. 22 (w.e.f. 1-4-2023). 6. The words and figures “or Part II of Schedule II” omitted by s. 23, ibid. (w.e.f. 1-4-2023). 7. Subs. by Act 16 of 2003, s. 25, for “or any uncured trophy” (w.e.f. 1-4-2003). 35 ----- the foregoing description under his control, custody or possession and the place where such animal or article is kept. (2) No person shall, after the commencement of this Act, acquire, receive, keep in his control, custody or possession, sell, offer for sale or 420 otherwise transfer or transport any animal specified in Schedule I 1*** or any uncured trophy or meat derived from such animal, or the salted or dried skins of such animal or the musk of a musk deer or the horn of a rhinoceros, except with the previous permission in writing of the Chief Wild Life Warden or the authorised officer. 2[(2A) No person other than a person having a certificate of ownership, shall, after the commencement of the Wild Life (Protection) Amendment Act, 2002 (16 of 2003) acquire, receive, keep in his control, custody or possession any captive animal, animal article, trophy or uncured trophy specified in Schedule I 1***, except by way of inheritance. (2B) Every person inheriting any captive animal, animal article, trophy or uncured trophy under sub-section (2A) shall, within ninety days of such inheritance make a declaration to the Chief Wild Life Warden or the authorised officer and the provisions of sections 41 and 42 shall apply as if the declaration had been made under sub-section (1) of section 40: Provided that nothing in sub-sections (2A) and (2B) shall apply to the live elephant.] 3[(3) Nothing in sub-section (1) or sub-section (2) shall apply to a recognised zoo subject to the provisions of section 38-I or to a public museum.] (4) The State Government may, by notification, require any person to declare to the Chief Wild Life Warden or the authorised officer [4][any animal or animal article] or trophy (other than a musk of a musk deer or horn of a rhinoceros) or salted or dried skins derived from an animal specified in Schedule I [1]*** in his control, custody or possession in such form, in such manner, and within such time, as may be prescribed. **5[40A. Immunity in certain cases.—(1) Notwithstanding anything contained in sub-sections (2) and** (4) of section 40 of this Act, the Central Government may, by notification, require any person to declare to the Chief Wild Life Warden or the authorised officer, any captive animal, animal article, trophy or uncured trophy derived from animals specified in Schedule I [6]*** in his control, custody or possession, in respect of which no declaration had been made under sub-section (1) or sub-section (4) of section 40, in such form, in such manner and within such time as may be prescribed. (2) Any action taken or purported to be taken for violation of section 40 of this Act at any time before the commencement of the Wild Life (Protection) Amendment Act, 2002 (16 of 2003) shall not be proceeded with and all pending proceedings shall stand abated. (3) Any captive animal, animal article, trophy or uncured trophy declared under sub-section (1), shall be dealt with in such manner and subject to such conditions as may be prescribed.] **41. Inquiry and preparation of inventories.—(1) On receipt of a declaration made under section** 40, the Chief Wild Life Warden or the authorised officer may, after such notice, in such manner and at such time, as may be prescribed,— (a) enter upon the premises of a person referred to in section 40; (b) make inquiries and prepare inventories of animal articles, trophies, uncured trophies, salted and dried skins and captive animals specified in Schedule I [7]*** and found thereon; and (c) affix upon the animals, animal articles, trophies or uncured trophies identification marks in such manner as may be prescribed. 1. The words and figures “or Part II of Schedule II” omitted by Act 18 of 2022, s. 23 (w.e.f. 1-4-2023). 2. Ins. by Act 16 of 2003, s. 25, (w.e.f. 1-4-2003). 3. Subs. by Act 44 of 1991, s. 28, for sub-section (3) (w.e.f. 2-10-1991). 4. Subs. by Act 16 of 2003, s. 25, for “any animal article” (w.e.f. 1-4-2003). 5. Ins. by s. 26, ibid. (w.e.f. 1-4-2003). 6. The words and figures “or Part II of Schedule II” omitted by s. 24, ibid. (w.e.f. 1-4-2023). 7. The words and figures “and Part II of Schedule II” omitted by s. 25, ibid, (w.e.f. 1-4-2023). 36 ----- (2) No person shall obliterate or counterfeit any identification mark referred to in this Chapter. **42. Certificate of ownership.—The Chief Wild Life Warden may, for the purposes of section 40,** issue a certificate of ownership in such form, as may be prescribed to any person who, in his opinion, is in lawful possession of any wild animal or any animal article, trophy, uncured trophy and may, where possible, mark, in the prescribed manner, such animal article, trophy or uncured trophy for purposes of identification. 1[Provided that before issuing the certificate of ownership in respect of any captive animal, the Chief Wild Life Warden shall ensure that the applicant has adequate facilities for housing, maintenance and upkeep of the animal.] 2[42A. Surrender of captive animals, animal article, etc.— (1) Any person having a certificate of ownership in respect of any captive animal, animal article, trophy or uncured trophy, meat or ivory imported into India or an article made from such ivory, and who is not desirous of keeping it in his control, custody or possession may, after giving notice of seven working days to the Chief Wild Life Warden, surrender the same to him and any such certificate of ownership shall stand cancelled from the date of such surrender. (2) No compensation shall be payable to any person for surrender of any such animal, article, trophy, meat or ivory to the Chief Wild Life Warden under sub-section (1). (3) Any such animal, article, trophy, meat or ivory surrendered under this section shall become the property of the State Government and the provisions of section 39 shall apply.] **3[43. Regulation of transfer of animal, etc.—(1) No person having in his possession captive animal,** animal article, trophy or uncured trophy in respect of which he has a certificate of ownership shall transfer by way of sale or offer for sale or by any other mode of consideration of commercial nature, such animal or article or trophy or uncured trophy. (2) Where a person transfers or transports from the State in which he resides to another State or acquires by transfer from outside the State, any such animal, animal article, trophy or uncured trophy in respect of which he has a certificate of ownership, he shall, within thirty days of the transfer or transport, report the transfer or transport to the Chief Wild Life Warden or the authorised officer within whose jurisdiction the transfer or transport is effected. 4[Provided that the transfer or transport of a captive elephant for a religious or any other purpose by a person having a valid certificate of ownership shall be subject to such terms and conditions as may be prescribed by the Central Government.] (3) Nothing in this section shall apply— (a) to tail feather of peacock and the animal article or trophies made therefrom; (b) to transfer of captive animals between recognised zoos subject to the provisions of section 38-I, and transfer amongst zoos and public museums.] **44. Dealings in trophy and animal articles without licence prohibited.—[5][(1) Subject to the** provisions of Chapter VA, no person shall, except under and in accordance with, a licence granted under sub-section (4)]— (a) commence or carry on the business as— (i) a manufacturer of or dealer In, any animal article; or 6*** (ii) a taxidermist; or 1. Added by Act 16 of 2003, s. 27, (w.e.f. 1-4-2003). 2. Ins. by Act 18 of 2022, s. 26 (w.e.f. 1-4-2023). 3. Subs. by Act 16 of 2003, s. 28, for section 43 (w.e.f. 1-4-2003). 4. Ins. by Act 18 of 2022, s. 27 (w.e.f. 1-4-2023). 5. Subs. by Act 28 of 1986, s. 2, for certain words (w.e.f. 25-11-1986). 6. Sub-clause (ia) omitted by Act 44 of 1991, s. 30 (w.e.f. 2-10-1991). 37 ----- (iii) a dealer in trophy or uncured trophy; or (iv) a dealer In captive animals; or (v) a dealer In meat; or (b) cook or serve meat In any eating-house: 1[(c) derive, collect or prepare or deal in snake venom;] Provided that nothing in this sub-section shall prevent a person, who, immediately before the commencement of this Act was carrying on the business or occupation specified in this sub-section, from carrying on such business or occupation for a period of thirty days from such commencement, or where he has made an application within that period for the grant of a licence to him, until the licence is granted to him or he is informed In writing that a licence cannot be granted to him: 2[Provided further that nothing in this sub-section shall apply to the dealers in tail feathers of peacock and articles made therefrom and the manufactures of such articles.] _Explanation.—For the purposes of this section, “eating-house” includes a hotel, restaurant or any_ other place where any eatable is served on payment, whether or not such payment is separately made for such eatable or is included in the amount charged for board and lodging. (2) Every manufacturer of, or dealer in, animal article, or every dealer in captive animals, trophies or uncured trophies, or every taxidermist shall, within fifteen days from the commencement of this Act, declare to the Chief Wild Life Warden his stocks of animals articles, captive animals, trophies and uncured trophies, as the case may be, as on the date of such declaration and the Chief Wild Life Warden or the Authorised officer may place an identification mark on every animal article, captive animal, trophy or uncured trophy, as the case may be. (3) Every person referred to in sub-section (1) who intends to obtain a licence, shall[3]*** make an application to the Chief Wild Life Warden or the authorised officer for the grant of a licence. (4) (a) Every application referred to in sub-section (3) shall be made In such form and on payment of such fee as may be prescribed, to the Chief Wild Life Warden or the authorised officer. 4[(b) No licence referred to in sub-section (1) shall be granted unless the Chief Wild Life Warden or the authorised officer having regard to the antecedents and previous experience of the applicant, the implication which the grant of such licence would have on the status of wild life and to such other matters as may be prescribed in this behalf and after making such inquiry in respect of those matters as he may think fit, is satisfied that the licence should be granted.] (5) Every licence granted under this section shall specify the premises in which and the conditions, if any, subject to, which the licensee shall carry on his business. (6) Every licence granted under this section shall— (a) be valid for one year from the date of its grant; (b) not be transferable; and (c) be renewable for a period not exceeding one year at a time. 1. Ins. by Act 44 of 1991, s. 30 (w.e.f. 2-10-1991). 2. Subs. by s. 30, ibid., for the second proviso (w.e.f. 2-10-1991). 3. Certain word omitted by Act 23 of 1982, s. 3 (w.e.f. 21-5-1982). 4. Subs. by s. 3, ibid., for clause (b) (w.e.f. 21-5-1982). 38 ----- (7) No application for the renewal of a licence shall be rejected unless the holder of such licence has been given a reasonable opportunity of presenting his case and unless the Chief Wild Life Warden or the authorised officer is satisfied that— (i) the application for such renewal has been made after the expiry of the period specified therefor, or (ii) any statement made by the applicant at the time of the grant or renewal of the licence was incorrect or false in material particulars, or (iii) the applicant has contravened any term or condition of the licence or any provision of this Act or any rule made thereunder, or (iv) the applicant does not fulfil the prescribed conditions. (8) Every order granting or rejecting an application for the grant or renewal of a licence shall be made in writing. (9) Nothing in the foregoing sub-sections shall apply in relation to vermin. **45. Suspension or cancellation of licences.—Subject to any general or special order of the State** Government, the Chief Wild Life Warden or the authorised officer may, for reasons to be recorded by him in writing, suspend or cancel any licence granted or renewed under section 44: Provided that no such suspension or cancellation shall be made except after giving the holder of the licence a reasonable opportunity of being heard. **46. Purchase.—(1) An appeal from an order refusing to grant or renew a licence under section 44 or** an order suspending or cancelling a licence under section 45 shall lie— (a) if the order is made by the authorised officer, to the Chief Wild Life Warden; or (b) if the order is made by the Chief Wild Life Warden, to the State Government. (2) In the case of an order passed in appeal by the Chief Wild Life Warden under clause (a) of sub-section (1), a second appeal shall lie to the State Government. (3) Subject as aforesaid, every order passed in appeal under this section shall be final. (4) An appeal under this section shall be preferred within thirty days from the date of the communication, to the applicant, of the order appealed against: Provided that the appellate authority may admit any appeal preferred after the expiry of the period aforesaid if it is satisfied that the appellant had sufficient cause for not preferring the appeal in time. **47. Maintenance of records.—A licensee under this Chapter shall—** (a) keep records, and submit such returns of his dealings, as may be prescribed,— (i) to the Director or any other officer authorised by him in this behalf, and (ii) to the Chief Wild Life Warden or the authorised officer; and (b) make such records available on demand for inspection by such officers. **48. Purchase of animals, etc., by licensee.—No licensee under this Chapter shall—** (a) keep in his control, custody or possession,— (i) any animal, animal article, trophy or uncured trophy in respect of which a declaration under the provisions of sub-section (2) of section 44 has to be made but has not been made; 39 ----- (ii) any animal or animal article, trophy, uncured trophy or meat which has not been lawfully acquired under the provisions of this Act or any rule or order made thereunder; (b) (i) capture any wild animal, or (ii) acquire, receive keep in his control, custody or possession, or sell, offer for sale or transport, any captive animal specified in Schedule I [1]*** or any animal article trophy, uncured trophy or meat derived therefrom or serve such meat, or put under a process of taxidermy or make animal article containing part or whole of such animal, except in accordance with such rules as may be made tinder this Act; Provided that where the acquisition or, possession, control or custody of such animal or animal article, trophy or uncured trophy entails the transfer or transport from one State to another, no such transfer or transport shall be effected except with the previous permission in writing of the Director or any other officer authorised by him in this behalf: Provided further that no such permission under the foregoing proviso shall be granted unless the Director or the officer authorised by him is satisfied that the animal or article aforesaid has been lawfully acquired. **2[48A. Restriction on transportation of wild life.—No person shall accept any wild animal (other** than vermin), or any animal article, or any specified plant or part or derivative thereof, for transportation except after exercising due care to ascertain that permission from the Chief Wild Life Warden or any other officer authorised by the State Government in this behalf has been obtained for such transportation.] **49. Purchase of captive animal, etc., by a person other than a licensee.—No person shall** purchase, receive or acquire any captive animal, wild animal, other than vermin, or any animal article, trophy, uncured trophy or meat derived therefrom otherwise than from a dealer or from a person authorised to sell or otherwise transfer the same under this Act: 3[Provided that nothing in this section shall apply to a recognised zoo subject to the provisions of section 38-1 or to a public museum.] 4[CHAPTER VA PROHIBITION OF TRADE OR COMMERCE IN TROPHIES, ANIMAL ARTICLES, ETC., DERIVED FROM CERTAIN ANIMALS **49A. Definitions.—In this Chapter,—** (a) “Scheduled animal” means an animal specified for the time being in Schedule I [5]***; (b) “Scheduled animal article” means an article made from any Scheduled animal and includes an article or object in which the whole or any part of such animal [6][has been used but does not include tail feather of peacook, an article or trophy made therefrom and snake venom or its derivative.] (c) “Specified date” means— (i) in relation to a scheduled animal on the commencement of the Wild Life (Protection) (Amendment) Act, 1986, the date of expiry of two months from such commencement; [7]*** (ii) in relation to any animal added or transferred to Scheduled I [5]*** at any time after such commencement, the date of expiry of two months from such addition or transfer. 1. The words and figures “or Part II of Schedule II” omitted by Act 18 of 2022, s. 28 (w.e.f. 1-4-2023). 2. Ins. by Act 44 of 1991, s. 31 (w.e.f. 2-10-1991). 3. Subs. by s. 32, ibid., for the proviso (w.e.f. 2-10-1991). 4. Ins. by Act 28 of 1986, s. 3 (w.e.f. 25-11-1986). 5. The word and figures “or Part II of Schedule II” omitted by Act 18 of 2022, s. 29 (w.e.f. 1-4-2023). 6. Subs. by Act 44 of 1991, s. 33, for “has been used” (w.e.f. 2-10-1991). 7. The word “and” omitted by s. 33, ibid. (w.e.f. 2-10-1991). 40 ----- 1[(iii) in relation ivory imported into India or an article made from such ivory, the date of expiry of six months from the commencement of the Wild Life (Protection) (Amendment) Act, 1991 (44 of 1991).] **49B. Prohibition of dealings in trophies, animal articles, etc., derived from scheduled** **animals.—(1) Subject to the other provisions of this Section, on and after the specified date, no person** shall— (a) commence or carry on the business as— (i) a manufacturer of, or dealer in, scheduled animal articles; or 2[ia) a dealer in ivory imported into India or articles made therefrom or a manufacturer of such articles; or] (ii) a taxidermist with respect to any scheduled animals or any parts of such animals; or (iii) a dealer in trophy or uncured trophy derived from any scheduled animal; or (iv) a dealer in any captive animals being scheduled animals; or (v) a dealer in meat derived from any scheduled animal; or (b) cook or serve meat derived from any scheduled animal in any eating-house. _Explanation.—For the purposes of this sub-section, “eating-house” has the same meaning as_ in the Explanation below sub-section (1) of Section 44. (2) Subject to the other provisions of this section, no licence granted or renewed under Section 44 before the specified date shall entitle the holder thereof or any other person to commence or carry on the business referred to in clause (a) of sub-section (1) of this section or the occupation referred to in clause (b) of that sub-section after such date. (3) Notwithstanding anything contained in sub-section (1) or sub-section (2), where the Central Government is satisfied that it is necessary or expedient so to do in the public interest, it may, by general or special order published in the official Gazette, exempt, for purposes of export, any corporation owned or controlled by the Central Government (including a Government company within the meaning of section 617 of the Companies Act, 1956 (1 of 1956), or any society registered under the Societies Registration Act, 1860 (21 of 1860), or any other law for the time being in force, wholly or substantially financed by the Central Government, from the provisions of sub-sections (1) and (2). (4) Notwithstanding anything contained in sub-section (1) or sub-section (2), but subject to any rules which may be made in this behalf, a person holding a licence under Section 44 to carry on the business as a taxidermist may put under a process of taxidermy any scheduled animal or any part thereof— (a) for or on behalf of the Government or any corporation or society exempted under sub-section (3), or (b) with the previous authorisation in writing of the Chief Wild Life Warden, for and on behalf of any person for educational or scientific purposes. **49C. Declaration by dealers.—(1) Every person carrying on the business or occupation referred to** in sub-section (1) of Section 49B shall, within thirty days from the specified date declare to the Chief Wild Life Warden or the authorised officer— (a) his stocks, if any, as at the end of the specified date of— (i) scheduled animal articles; (ii) scheduled animals and parts thereof; (iii) trophies and uncured trophies derived from scheduled animals; 1. Ins. by Act 44 of 1991, s. 33 (w.e.f. 2-10-1991). 2. Ins. by s. 34, ibid. (w.e.f. 2-10-1991). 41 ----- (iv) captive animals being scheduled animals; 1[(v) ivory imported into India or articles made therefrom;] (b) the place or places at which the stocks mentioned in the declaration are kept; and (c) the description of such items, if any, the stocks mentioned in the declaration which he desires to retain with himself for his bona fide personal use. (2) On receipt of a declaration under sub-section (1), the Chief Wild Life Warden or the authorised officer may take all or any of the measures specified in section 41 and for this purpose, the provisions of section 41 shall, so far as may be, apply. (3) Where, in a declaration made under sub-section (1), the person making the declaration expresses his desire to retain with himself any of the items of the stocks specified in the declaration for his bona fide personal use, the Chief Wild Life Warden, with the prior approval of the Director, may, if he is satisfied that the person is in lawful possession of such items, issue certificates of ownership in favour of such person with respect to all, or as the case may be, such of the items as in the opinion of the Chief Wild Life Warden, are required for the _bona fide personal use of such person and affix upon such items_ identification marks in such manner as may be prescribed: Provided that no such item shall be kept in any commercial premises. (4) No person shall obliterate or counterfeit any identification mark referred to in sub-section (3). (5) An appeal shall lie against any refusal to grant certificate of ownership under sub-section (3) and the provisions of sub-sections (2), (3) and (4) of section 46 shall, so far as may be, apply in relation to appeals under this sub-section. (6) Where a person who has been issued a certificate of ownership under sub-section (3) in respect of any item— (a) transfers such item to any person, whether by way of gift, sale or otherwise, or (b) transfers or transports from the State in which he resides to another State any such item, he shall, within thirty days of such transfer or transport, report the transfer or transport to the Chief Wild Life Warden or the authorised officer within whose jurisdiction the transfer or transport is effected. (7) No person, other than a person who has been issued a certificate of ownership under sub-section (3), shall on and after the specified date keep under his control, sell or offer for sale or transfer to any person [2][any scheduled animal, a scheduled animal article, or ivory imported into India or any article made therefrom.] 3[CHAPTER VB REGULATION OF INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA AS PER CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA **49D. Definitions. —In this Chapter, unless the context otherwise requires,—** (a) “artificially propagated” means plants which have been grown under controlled conditions from plant materials grown under similar conditions; (b) “bred in captivity” means produced from parents in captivity; 1. Ins. by Act 44 of 1991, s. 35 (w.e.f. 2-10-1991). 2. Subs. by s. 35, ibid., for “any scheduled animal or a scheduled animal article” (w.e.f. 2-10-1991). 3. Ins. by Act 18 of 2022, s. 30 (w.e.f. 1-4-2023). 42 ----- (c) “Convention” means the Convention on International Trade in Endangered Species of Wild Fauna and Flora signed at Washington D.C., in the United States of America on the 3rd of March, 1973, and amended at Bonn on the 22nd of June, 1979, its appendices, decisions, resolutions and notifications made thereunder and its amendments, to the extent binding on India; (d) “export” means export from India to any other country of a specimen; (e) “import” means import into India from any other country of a specimen; (f) “introduction from the sea” means transportation into India of specimens of any species which were taken from the marine environment not under the jurisdiction of India or any other country; (g) “Management Authority” means the Management Authority designated under section 49E; (h) “readily recognisable part or derivative” includes any specimen which appears from an accompanying document, the packaging or a mark or label, or from any other circumstances, to be a part or derivative of an animal or plant of a species listed in Schedule IV; (i) “re-export” means export of any specimen that has previously been imported; (j) “Scientific Authority” means a Scientific Authority designated under section 49F; (k) “scheduled specimen” means any specimen of a species listed in Appendices I, II or III of the Convention and incorporated as such in Schedule IV; (l) “species” means any species, sub-species, or geographically separate population thereof; (m) “specimen” means— (i) any animal or plant, whether alive or dead; (ii) in the case of an animal,— (A) for species included in Appendices I and II of Schedule IV, any readily recognisable part or derivative thereof; (B) for species included in Appendix III of Schedule IV, any readily recognisable part or derivative thereof specified in Appendix III of Schedule IV in relation to the species; and (iii) in the case of a plant,— (A) for species included in Appendix I of Schedule IV, any readily recognisable part or derivative thereof; (B) for species included in Appendices II and III of Schedule IV, any readily recognisable part or derivative thereof specified in Appendices II and III of Schedule IV in relation to the species; (n) “trade” means export, re-export, import and introduction from the sea. **49E. Designation of Management Authority. — (1) The Central Government shall, by notification,** designate an officer not below the rank of an Additional Director General of Forests as the Management Authority for discharging the functions and exercising the powers under this Act. (2) The Management Authority shall be responsible for issuance of permits and certificates for trade of scheduled specimens in accordance with the Convention, submission of reports, and shall perform such other functions as may be necessary to implement the provisions of the Convention. (3) The Management Authority shall prepare and submit annual and biennial reports to the Central Government. 43 ----- (4) The Central Government may appoint such officers and employees as may be necessary to assist the Management Authority in discharging its functions or exercising its powers under this Chapter, on such terms and conditions of service including salaries and allowances as may be prescribed. (5) The Management Authority may, with the prior approval of the Central Government, delegate its functions or powers, to such officers not below the rank of the Assistant Inspector General of Forests, as it may consider necessary for the purposes of this Chapter. **49F. Designation of Scientific Authority.—(1) The Central Government shall, by notification,** designate one or more institutes engaged in research on species as Scientific Authority for the purposes of this Chapter, for fulfilling the functions under the Convention. (2) The designated Scientific Authority shall advise the Management Authority in such matters as may be referred to it by the Management Authority. (3) The Scientific Authority shall monitor the export permits granted for specimens of species listed in Appendix II of Schedule IV and the actual export of such specimens. (4) Whenever a Scientific Authority is of the opinion that the export of specimens of such species requires to be limited in order to maintain that species throughout its range at a level consistent with its role in the ecosystems in which it occurs and well above the level at which that species might become eligible for inclusion in Appendix I of the Convention, it shall advise the Management Authority to take such appropriate measures to limit the grant of export permits for specimens of that species as the Scientific Authority may deem necessary for said purpose. **49G. Directions of Central Government. —The Management Authority and the Scientific** Authorities, shall, while performing their duties and exercising powers under this Chapter, be subject to such general or special directions, as the Central Government may, from time to time, give. **49H. International trade in scheduled specimen and restriction in respect thereof.—(1) No** person shall engage in trade of scheduled specimens except as provided for under this Chapter. (2) The Central Government shall prescribe the conditions and procedures by which the exemptions contained in Article VII of the Convention may be availed. (3) Every person engaging in trade of a scheduled specimen shall report the details of the scheduled specimen and the transaction to the Management Authority or the officer authorised by it in such manner as may be prescribed. (4) Every person engaging in trade of a scheduled specimen, shall present it for clearance to the Management Authority or the officer authorised by it or a customs officer only at the ports of exit and entry as may be specified by the Central Government. (5) The form and manner of making an application for a permit or certificate to trade in a scheduled specimen, the fee payable therefor, the conditions subject to which the permit or certificate may be granted, and the procedure to be followed in granting or cancelling such permit or certificate, shall be such as may be prescribed by the Central Government. **49-I. Conditions for export of scheduled specimens.—(1) The export of any specimen of species** included in Appendices I or II of Schedule IV shall require the prior grant and presentation of an export permit. (2) The export of any specimen of species included in Appendix III of Schedule IV shall require the prior grant and presentation of an export permit if the species has been listed in Appendix III of the Convention by India or a certificate of origin in other cases. (3) An export permit shall not be granted unless— (a) the Management Authority is satisfied that the specimen concerned has not been obtained in contravention of any law for the time being in force relating to protection of fauna and flora; 44 ----- (b) the Management Authority is satisfied that any living specimen will be so prepared and shipped as to minimise the risk of injury, damage to health or cruel treatment; (c) in the case of a specimen of a species listed in Appendices I or II of Schedule IV, the Scientific Authority has advised that the export will not be detrimental to the survival of that species; and (d) in the case of specimens of species listed in Appendix I of Schedule IV, an import permit has been granted by the competent authority of the country of destination. **49J. Conditions for import of scheduled specimens.— (1) The import of any specimen of a species** included in Appendix I of Schedule IV shall require the prior grant and presentation of an import permit and either an export permit or a re-export certificate from the country of export. (2) An import permit for a specimen of a species listed in Appendix I of Schedule IV shall not be granted unless— (a) the Management Authority is satisfied that the specimen concerned will not be used for primarily commercial purposes; (b) the Scientific Authority has advised that the import will be for purposes which are not detrimental to the survival of the species; and (c) the Scientific Authority is satisfied that the proposed recipient of a living specimen is suitably equipped to house and care for it. (3) The import of any specimen of a species included in Appendix II of Schedule IV shall require the prior presentation of either an export permit or a re-export certificate issued by the country of export. (4) The import of any specimen of a species included in Appendix III of Schedule IV shall require the prior presentation of— (a) a certificate of origin; or (b) in the case where the import is from a country which has included the species in Appendix III of the Convention, an export permit; or (c) a re-export certificate granted by the country of re-export. **49K. Conditions for re-export of scheduled specimens.—(1) The re-export of any specimen of** species included in Appendices I or II of Schedule IV shall require the prior grant and presentation of a re-export certificate. (2) A re-export certificate shall not be granted unless— (a) the Management Authority is satisfied that any specimen to be re-exported was imported in accordance with the provisions of this Chapter and of the Convention; (b) the Management Authority is satisfied that any living specimen will be so prepared and shipped as to minimise the risk of injury, damage to health or cruel treatment; and (c) in the case of any living specimen of species listed in Appendix I of Schedule IV, the Management Authority is satisfied that an import permit has been granted. **49L. Conditions for introduction from sea of scheduled specimens.—(1) The introduction from** the sea of a specimen of a species included in Appendices I or II of Schedule IV shall require the prior grant and presentation of a certificate of introduction from the sea. (2) A certificate of introduction from the sea shall not be granted unless— (a) the Scientific Authority has advised that the introduction of any specimen will not be detrimental to the survival of the species; 45 ----- (b) in the case of a specimen of a species listed in Appendix I of Schedule IV, the Management Authority is satisfied that it is not to be used for primarily commercial purposes and that the proposed recipient of any living specimen is suitably equipped to house and care for it; and (c) in the case of a living specimen of a species listed in Appendix II of Schedule IV, the Management Authority is satisfied that it will be so handled as to minimise the risk of injury, damage to health or cruel treatment. **49M. Possession, transfer and breeding of living scheduled animal species. — (1) Every person** possessing a living specimen of an animal species listed in Schedule IV shall report the details of such specimen or specimens in his possession to the Management Authority or the authorised officer: Provided that the Central Government may exempt one or more specimens of any animal species included in Schedule IV from such declaration for such quantity and for such period as it may deem fit. (2) The Management Authority or the authorised officer may, on being satisfied that a person was in possession of a living specimen of an animal species listed in Schedule IV which had not been obtained in contravention of any law relating to protection of fauna and flora, issue a registration certificate allowing the owner to retain such specimen. (3) Any person who transfers possession, by any means whatsoever, of any living specimen of an animal species listed in Schedule IV shall report the details to the Management Authority or the authorised officer. (4) The Management Authority or the authorised officer shall register all transfers of living specimens of animal species listed in Schedule IV and issue the transferee with a registration certificate. (5) Any person in possession of any living specimen of an animal species listed in Schedule IV which bears any offspring shall report the birth of such offspring to the Management Authority or the authorised officer. (6) The Management Authority or the authorised officer shall on receipt of the report under sub section (5) register any offspring born to any living specimen of an animal species listed in Schedule IV and issue the owner with a registration certificate. (7) Any person in possession of any living specimen of an animal species listed in Schedule IV which dies shall report such death to the Management Authority or the authorised officer. (8) No person shall possess, transfer or breed any living specimen of any animal species listed in Schedule IV except in conformity with this section and the rules made by the Central Government in this behalf. (9) The form, manner and period for reporting possession, transfers, and births, deaths, and registration of the same under this section shall be as prescribed by the Central Government. **49N. Application for Licence by breeders of Appendix I species.—(1) Every person who is** engaged in breeding in captivity or artificially propagating any scheduled specimen listed in Appendix I of Schedule IV shall make, within a period of ninety days of the commencement of the Wild Life (Protection) Amendment Act, 2022, an application for a licence to the Chief Wild Life Warden. (2) The form and manner of the application to be made to the Chief Wild Life Warden under sub-section (1), the fee payable, the form of licence, the procedure to be followed in granting or cancelling the licence shall be such as may be prescribed by the Central Government. **49-O. Licence of breeders of Appendix I species.— (1) On receipt of application under** sub-section (1) of section 49N, the Chief Wild Life Warden shall, if— (a) the application is in the prescribed form; 46 ----- (b) the resolutions of the Convention relating to breeding in captivity or artificial propagation of species listed in Appendix I of Schedule IV are satisfied; and (c) the provisions of the Act and rules made thereunder have been duly complied with, record an entry of the statement in a register and grant the applicant a licence. (2) The Chief Wild Life Warden shall, if the provisions or resolutions of the Convention or this Act and any rules made hereunder have not been complied with, or if a false particular is furnished, refuse or cancel the licence as the case may be after providing the applicant with an opportunity of being heard. (3) The licence under sub-section (1) shall be issued for a period of two years and may be renewed after two years on payment of such fee as may be prescribed. (4) Any person aggrieved by the refusal of the Chief Wild Life Warden or cancellation of licence under sub-section (2) may prefer an appeal to the State Government within a period of sixty days in such manner as may be prescribed. **49P. Prohibition on alteration, etc.— No person shall alter, deface, erase or remove a mark of** identification affixed upon the scheduled specimen or its package. **49Q. Species and scheduled specimens to be Government property.— (1) Every species or** scheduled specimen, in respect of which any offence against this Act or rules made thereunder has been committed, shall become the property of the Central Government and the provisions of section 39 shall, without prejudice to the Customs Act, 1962 (52 of 1962), apply, mutatis mutandis, in relation to species and scheduled specimens as they apply in relation to wild animals, captive animals and animal articles. (2) Where a living specimen of a species listed in Schedule IV has been seized under this Act or the Customs Act, 1962 (52 of 1962) or any other law for the time being in force as a result of import into India in contravention of this Act, the Management Authority shall, after consultation with the country of export, return the specimen to that country at the expense of that country, or ensure that it is housed and cared for by a recognised zoo or rescue centre in case it cannot be returned to the country of export. (3) The Management Authority may for such purposes consult the Scientific Authority as it deems appropriate. **49R. Application of provisions of Act in respect of species listed in Schedule I or II and** **Schedule IV. — (1) Where the same species is listed in Schedule I or II and Schedule IV, then, the** provisions of this Act applicable to such species listed in Schedule I or II and the rules made thereunder shall apply. (2) Nothing in sections 49M, 49N or 49-O shall apply to a species listed in Schedule I or Schedule II if the same species is also listed in Scheduled IV. (3) The provisions of this Chapter shall be subject to the provisions of Chapters III, IIIA, IVA, V, VA and VIA and without prejudice to anything contained therein.] CHAPTER VI PREVENTION AND DETECTION OF OFFENCES **50. Power of entry, search, arrest and detention.—(1) Notwithstanding anything contained in any** other law for the time being in force, the Director or any other officer authorised by him in this behalf [1][or the Management Authority or any officer authorised by the Management Authority] or the Chief Wild Life Warden or the authorised officer or any forest officer or any police officer not below the rank of a sub- inspector [2][or any customs officer not below the rank of an inspector or any officer of the coast guard not below the rank of an Assistant Commandant], may, if he has reasonable grounds for believing that any person has committed an offence against this Act,— (a) require any such person to produce for inspection any captive animal, wild animal, animal article, meat, trophy or [3][trophy, uncured trophy, specified plant or part or derivative thereof 1. Ins. by Act 18 of 2022, s. 31 (w.e.f. 1-4-2023). 2. Ins. by s. 31, ibid. (w.e.f. 1-4-2023). 3. Subs. by Act 44 of 1991, s. 36, for “trophy or uncured trophy” (w.e.f. 2-10-1991). 47 ----- 1[or scheduled specimen]] in his control, custody or possession, or any licence, permit or other document granted to him or required to be kept by him under the provisions of this Act; (b) stop any vehicle or vessel in order to conduct search or inquiry or enter upon and search any premises, land, vehicle or vessel, in the occupation of such person, and open and search any baggage or other things in his possession; 2[(c) seize any captive animal, wild animal, animal article, meat, trophy or uncured trophy, or any specified plant or part or derivative thereof [1][or scheduled specimen], in respect of which an offence against this Act appears to have been committed, in the possession of any person together with any trap, tool, vehicle, vessel or weapon used for committing any such offence and, unless he is satisfied that such person will appear and answer any charge which may be preferred against him, arrest him without warrant, anddetain him: Provided that where a fisherman, residing within ten kilometres of a sanctuary or National Park, inadvertently enters on a boat, not used for commercial fishing, in the territorial waters in that sanctuary or National Park, a fishing tackle or net on such boat shall not be seized.] 3* - - - (3) It shall be lawful for any of the officers referred to in sub-section (1) to stop and detainany person, whom he sees doing any act for which a licence or permit is required under the provisions of this Act, for the purposes of requiring such person to produce the licence or permit and if such person fails to produce the licence or permit, as the case may be, he may be arrested without warrant, unless he furnishes his name and address, and otherwise satisfies the officer arresting him that he will duly answer any summons or other proceedings which may be taken against him. 4[(3A) Any officer of a rank not inferior to that of an Assistant Director of Wild Life Preservation or 5[an Assistant Conservator of Forests] who, or whose subordinate, has seized any captive animal or wild animal under clause (c) of sub-section (1) may give the same for custody on the execution by any person of a bond for the production of such animal if and when so required, before the Magistrate having jurisdiction to try the offence on account of which the seizure has been made.] (4) Any person detained, or things seized under the foregoing power, shall forthwith be taken before a Magistrate to be dealt with according to law [6][under intimation to the Chief Wild Life Warden or the officer authorised by him in this regard]. (5) Any person who, without reasonable cause, fails to produce anything, which he is required to produce under this section, shall be guilty of an offence against this Act. 7[(6) Where any meat, uncured trophy, specified plant or part or derivative thereof is seized under the provisions of this section, the Assistant Director of Wild Life Preservation or any other officer of a gazetted rank authorised by him in this behalf or the Chief Wild Life Warden or the authorised officer may arrange for the disposal of the same in such manner as may be prescribed.] (7) Whenever any person is approached by any of the officers referred to in sub-section (1) for assistance in the prevention or detection of an offence against this Act, or in apprehending persons charged with the violation of this Act, or for seizure in accordance with clause (c) of sub-section (1), it shall be the duty of such person or persons to render such assistance. 8[(8) Notwithstanding anything contained in any other law for the time being in force, any officer not below the rank of an Assistant Director of Wild Life Preservation or [9][an officer not below the rank of 1. Ins. by Act 18 of 2022, s. 31 (w.e.f. 1-4-2023). 2. Subs. by Act 44 of 1991, s. 36, for clause (c) (w.e.f. 2-10-1991). 3. Sub-section (2) omitted by s. 36, ibid (w.e.f. 2-10-1991). 4. Ins. by s. 36, ibid. (w.e.f. 2-10-1991). 5. Subs. by Act 16 of 2003, s. 29, for “Wild Life Warden,” (w.e.f. 1-4-2003). 6. Ins. by s. 29, ibid. (w.e.f. 1-4-2003). 7. Subs. by s. 29, ibid., for sub-section (6) (w.e.f. 1-4-2003). 8. Ins. by Act 44 of 1991 s. 36 (w.e.f. 2-10-1991). 9. Subs. by Act 16 of 2003, s. 29, for “Wild Life Warden” (w.e.f. 1-4-2003). 48 ----- Assistant Conservator of Forests authorised by the State Government in this behalf] shall have the powers, for purposes of making investigation into any offence against any provision of this Act— (a) to issue a search warrant; (b) to enforce the attendance of witnesses; (c) to compel the discovery and production of documents and material objects; and (d) to receive and record evidence. (9) Any evidence recorded under clause (d) of sub-section (8) shall be admissible in any subsequent trial before a Magistrate provided that it has been taken in the presence of the accused person.] **51. Penalties.—(1) Any person who** [1][contravenes any provision of this Act [2][(except Chapter VA and section 38J)]]or any rule or order made thereunder or who commits a breach of any of the conditions of any licence or permit granted under this Act, shall be guilty of an offence against this Act, and shall, on conviction, be punishable with imprisonment for a term which may extend to [3][three years], or with fine which may extend to [4][one lakh rupees], or with both: 5[Provided that where the offence committed is in relation to any animal specified in Schedule I 6*** or meat of any such animal or animal article, trophy or uncured trophy derived from such animal or where the offence relates to hunting in a sanctuary or a National Park or altering the boundaries of a sanctuary or a National Park [7][or where the offence relates to a specimen of a species listed on Appendix I of Schedule IV], such offence shall be punishable with imprisonment for a term which shall not be less than three years but may extend to seven years and also with fine which shall not be less than [8][twentyfive thousand rupees]: Provided further that in the case of a second or subsequent offence of the nature mentioned in this sub-section, the term of the imprisonment shall not be less than three years but may extend to seven years and also with fine which shall not be less than [9][one lakh rupees].] 10[(1A) Any person who contravenes any provisions of Chapter VA, shall be punishable with imprisonment for a term which shall not be less than [11][three years] but which may extend to seven years and also with fine which shall not be less than [12][twenty-five thousand rupees].] 13[(1B) Any person who contravenes the provisions of section 38J, 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: Provided that in the case of a second or subsequent offence the term of imprisonment may extend to one year or the fine may extend to five thousand rupees.] (2) When any person is convicted of an offence against this Act, the Court trying the offence may order that any captive animal, wild animal, animal article, trophy, [14][uncured trophy, meat, ivory imported into India or an article made from such ivory, any specified plant, or part or derivative thereof] in respect of which the offence has been committed, and any trap, tool, vehicle, vessel or weapon, used in the 1. Subs. by Act 28 of 1986, s. 4, for “contravenes any provision of this Act” (w.e.f. 25-11-1986). 2. Subs. by Act 44 of 1991, s. 37, ibid., for “(except Chapter VA)” (w.e.f. 2-10-1991). 3. Subs. by s. 37, ibid., for “two years” (w.e.f. 2-10-1991). 4. Subs. by Act 18 of 2022, s. 32, for “twenty-five thousand rupees” (w.e.f. 1-4-2023), earlier subs. by s. 37, Act 44 of 1991, for “two thousand rupees” (w.e.f. 2-10-1991). 5. Subs. by Act 16 of 2003, s. 30, for the first and second provisos (w.e.f. 1-4-2003). 6. The words and figures “or Part II of Schedule II” omitted by Act 18 of 2022, s. 32 (w.e.f. 1-4-2023). 7. Ins. by Act 18 of 2022, s. 32, ibid. (w.e.f. 1-4-2023). 8. Subs. by s. 32, ibid., for “ten thousand rupees” (w.e.f. 1-4-2023). 9. Subs. by s. 32, ibid., for “twenty-five thousand rupees” (w.e.f. 1-4-2023). 10. Ins. by Act 28 of 1986, s. 4 (w.e.f. 25-11-1986). 11. Subs. by Act 16 of 2003, s. 30, for “one year” (w.e.f. 1-4-2003). 12. Subs. by Act 18 of 2022, s. 32, for “ten thousand rupees” (w.e.f. 1-4-2023), earlier ins. by Act 44 of 1991, s. 37 (w.e.f. 210-1991). 13. Ins. by Act 44 of 1991, s. 37 (w.e.f. 2-10-1991). 14. Subs. by s. 37, ibid., for “uncured trophy or meat” (w.e.f. 2-10-1991). 49 ----- commission of the said offence be forfeited to the State Government and that any licence or permit, held by such person under the provisions of this Act, be cancelled. (3) Such cancellation of licence or permit or such forfeiture shall be in addition to any other punishment that may be awarded for such offence. (4) Where any person is convicted of an offence against this Act, the Court may direct that the licence, if any, granted to such person under the Arms Act, 1959 (54 of 1959), for possession of any arm with which an offence against this Act has been committed, shall be cancelled and that such person shall not be eligible for a licence under the Arms Act, 1959, for a period of five years from the date of conviction. 1[(5) Nothing contained in section 360 of the Code of Criminal Procedure, 1973 (2 of 1974), or in the Probation of Offenders Act, 1958 (20 of 1958), shall apply to a person convicted of an offence with respect to hunting in a sanctuary or a National Park or of an offence against any provision of Chapter VA unless such person is under eighteen years of age.] **STATE AMENDMENTS** **Assam** **Amendment of section 51.—In the principal Act, in section 51, in sub-section (1),** (i) in the first proviso,— (a) in between the words “hunting in” and “a sanctuary” the words “or outside the boundary of” shall be inserted; (b) for the words “three years”, “seven years” and “ten thousand”, the words “seven years”, “ten years” and “fifty thousand” respectively shall be substituted. (ii) in the second proviso, for the words “three years”, “seven years” and “twenty five thousand”, the words “ten years”, “life imprisonment” and “seventy five thousand” respectively, shall be substituted. [Vide Assam Act 31 of 2010, s. 2]. **2[51A. Certain conditions to apply while granting bail.—When any person accused of, the** commission of any offence relating to Schedule I [3]*** or offences relating to hunting inside the boundaries of National Park or wild life sanctuary or altering the boundaries of such parks and sanctuaries, is arrested under the provisions of the Act, then notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) no such person who had been previously convicted of an offence under this Act shall, be released on bail unless— (a) the Public Prosecutor has been given an opportunity of opposing the release on bail; and (b) where the Public Prosecutor opposes the application, the Court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail.] **STATE AMENDMENTS** **Assam** **Insertion of section 51B.—In the principal Act, after section 51A, the following new section 51B** shall be inserted, namely:— **“51B. Offences to be cognizable, non bailabale and triable by the Court of Sessions.—(1) Every** offence punishable under this Act shall be congnizable and non-bailable within the meaning of the Code of Criminal Procedure, 1973. 1. Ins. by Act 44 of 1991, s. 37. (w.e.f. 2-10-1991). 2. Ins. by Act 16 of 2003, s. 31 (w.e.f. 1-4-2003). 3. The words and figures “or Part II of Schedule II” omitted by Act 18 of 2022, s. 33 (w.e.f. 1-4-2023). 50 ----- (2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, no person accused of an offence punishable under this Act, shall be released on bail unless— (a) the Public Prosecutor has been given an opportunity to oppose the application for such release; and (b) where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that the accused is not likely to commit any offence while on bail. (3) The offences under this Act, shall be triable by the Court of Sessions of the respective jurisdiction.” [Vide Assam Act 31 of 2010, s. 3]. **52. Attempts and abetment.—Whoever attempts to contravene, or abets the contravention of, any of** the provisions of this Act or of any rule or order made thereunder shall be deemed to have contravened that provision or rule or order, as the case may be. **53. Punishment for wrongful seizure.—If any person, exercising powers under this Act, vexatiously** and unnecessarily seizes the property of any other person on the pretence of seizing it for the reasons mentioned in section 50 he shall, on conviction, be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both. **1[54. Power to compound offence.—(1) The Central Government may, by notification, empower the** Director of Wild Life Preservation or any other officer not below the rank of Assistant Director of Wild Life Preservation and in the case of a State Government in the similar manner, empower the Chief Wild Life Warden or any officer of a rank not below the rank of a Deputy Conservator of Forests, to accept from any person against whom a reasonable suspicion exists that he has committed an offence against this Act, payment of a sum of money by way of composition of the offence which such person is suspected to have committed. (2) On payment of such sum of money to such officer, the suspected person, if in custody, shall be discharged and no further proceedings in respect of the offence shall be taken against such person. (3) The officer compounding any offence may order the cancellation of any licence or permit granted under this Act to the offender, or if not empowered to do so, may approach an officer so empowered, for the cancellation of such licence or permit. (4) The sum of money accepted or agreed to be accepted as composition under sub-section (1) shall, in no case, exceed the sum of [2][five lakh rupees]: Provided that no offence, for which a minimum period of imprisonment has been prescribed in section 51, shall be compounded.] 3[55. Cognizance of offences.—No court shall take cognizance of any offence against this Act on the complaint of any person other than— (a) the Director of Wild Life Preservation or any other officer authorised in this behalf by the Central Government; or 4[(aa) the Member-Secretary, Central Zoo Authority in matters relating to violation of the provisions of Chapter IVA; or] 5[(ab) Member-Secretary, Tiger Conservation Authority; or (ac) Director of the concerned tiger reserve; or] 1. Subs. by Act 16 of 2003, s. 32, for section 54 (w.e.f. 1-4-2003). 2. Subs. by Act 18 of 2022, s. 34, for “twenty-five thousand rupees” (w.e.f. 1-4-2023). 3. Subs. by Act 44 of 1991, s. 39, for section 55 (w.e.f. 2-10-1991). 4. Ins. by Act 16 of 2003, s. 33 (w.e.f. 1-4-2003). 5. Ins. by Act 39 of 2006, s. 4 (w.e.f. 4-9-2006). 51 ----- 1[(ad) the Management Authority or any officer, including an officer of the Wild Life Crime Control Bureau, authorised in this behalf by the Central Government; or] (b) the Chief Wild Life Warden, or any other officer authorised in this behalf by the State Government [2][subject to such conditions as may be specified by that Government]; or 5[(bb) the officer-in-charge of the zoo in respect of violation of provisions of section 38J; or] (c) any person who has given notice of not less than sixty days, in the manner prescribed, of the alleged offence and of his intention to make a complaint, to the Central Government or the State Government or the officer authorised as aforesaid.] **56. Operation of other laws not barred.—Nothing in this Act shall be deemed to prevent any** person from being prosecuted under any other law for the time being in force, for any act or omission which constitutes an offence against this Act or from being liable under such other law to any higher punishment or penalty than that provided by this Act: Provided that no person shall be punished twice for the same offence. **57. Presumption to be made in certain cases.—Where, in any prosecution for an offence against** this Act, it is established that a person is in possession, custody or control of any [3][wild animal, captive animal], animal article, meat, [4][trophy, uncured trophy, specified plant, or part or derivative thereof [5][or scheduled specimen]] it shall be presumed, until the contrary is proved, the burden of proving which shall lie on the accused, that such person is in unlawful possession, custody or control of such [3][wild animal, captive animal], animal article, meat, [4][trophy, uncured trophy, specified plant, or part or derivative thereof [5][or scheduled specimen].] **58. Offences by Companies.—(1) Where an offence against this Act has been committed by a** company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment, 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 against 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. 6[CHAPTER VIA FORFEITURE OF PROPERTY DERIVED FROM ILLEGAL HUNTING AND TRADE **58A. Application.—The provisions of this Chapter shall apply only to the following persons,** namely:— 1. Ins. by Act 18 of 2022, s. 35 (w.e.f. 1-4-2023). 2. Ins. by Act 16 of 2003, s. 33 (w.e.f. 1-4-2003). 3. Subs. by Act 18 of 2022, s. 36, for “captive animal” (w.e.f. 1-4-2023). 4. Subs. by Act 44 of 1991, s. 40, for “trophy or uncured trophy” (w.e.f. 2-10-1991). 5. Ins. by Act 18 of 2022, s. 36 (w.e.f. 1-4-2023). 6. Ins. by Act 16 of 2003, s. 34 (w.e.f. 1-4-2003). 52 ----- (a) every person who has been convicted of an offence punishable under this Act with imprisonment for a term of three years or more; (b) every associate of a person referred to in clause (a); (c) any holder (hereafter in this clause referred to as the present holder) of any property which was at any time previously held by a person referred to in clause (a) or clause (b) unless the present holder or, as the case may be, any one who held such property after such person and before the present holder, is or was a transferee in good faith for adequate consideration. **58B. Definitions.—In this Chapter, unless the context otherwise requires,—** (a) “Appellate Tribunal” means the Appellate Tribunal for Forfeited Property constituted under section 58N; (b) “associate” in relation to a person whose property is liable to be forfeited under this Chapter, includes— (i) any individual who had been or is managing the affairs or keeping the accounts of such person; (ii) any association of persons, body of individuals, partnership firm or private company within the meaning of the Companies Act, 1956 (1 of 1956) of which such person had been or is a member, partner or director; (iii) any individual who had been or is a member, partner or director of an association of persons, body of individuals, partnership firm or private company referred to in sub-clause (ii) at any time when such person had been or is a member, partner or director of such association, body, partnership firm or private company; (iv) any person, who had been or is managing the affairs, or keeping the accounts of any association of persons, body of individuals, partnership firm or private company referred to in sub-clause (iii); (v) the trustee of any trust, where,— (1) the trust has been created by such person; or (2) the value of the assets contributed by such person (including the value of the assets, if any, contributed by him earlier) to the trust amounts on the date on which contribution is made, to not less than twenty per cent.of the value of the assets of the trust on that date; (vi) where the competent authority, for reasons to be recorded in writing, considers that any properties of such person are held on his behalf by any other person, such other person; (c) “competent authority” means an officer authorised under section 58D; (d) “concealment” means the concealment or disguise of the nature, source, disposition, movement or ownership of property and includes the movement or conversion of such property by electronic transmission or by any other means; (e) “freezing” means temporarily prohibiting the transfer, conversion, disposition or movement of property by an order issued under section 58F; (f) “identifying” includes establishment of proof that the property was derived from, or used in, the illegal hunting and trade of wild life and its products; (g) “illegally acquired property” in relation to any person to whom this Chapter applies, means,— (i) any property acquired by such person, wholly or partly out of or by means of any income, earnings or assets derived or obtained from or attributable to illegal hunting and trade of wild life and its products and derivatives; 53 ----- (ii) any property acquired by such person, for a consideration or by any means, wholly or partly traceable to any property referred to in sub-clause (i) or the income or earning from such property, and includes— (A) any property held by such person which would have been, in relation to any previous holder thereof, illegally acquired property under this clause if such previous holder had not ceased to hold it, unless such person or any other person who held the property at any time after such previous holder or, where there are two or more such previous holders, the last of such previous holders is or was a transferee in good faith for adequate consideration; (B) any property acquired by such person, for a consideration, or by any means, wholly or partly traceable to any property falling under item (A), or the income or earnings therefrom; (h) “property” means property and assets of every description, whether corporeal or incorporeal, movable or immovable, tangible or intangible and deeds and instruments evidencing title to, or interest in, such property or assets, derived from the illegal hunting and trade of wild life and its products; (i) “relative” means— (1) spouse of the person; (2) brother or sister of the person; (3) brother or sister of the spouse of the person; (4) any lineal ascendant or descendant of the person; (5) any lineal ascendant or descendant of the spouse of the person; (6) spouse of a person referred to in sub-clause (2), sub-clause (3), sub-clause (4) or sub-clause (5); (7) any lineal descendant of a person referred to in sub-clause (2) or sub-clause (3); (j) “tracing” means determining the nature, source, disposition, movement, title or ownership of property; (k) “trust” includes any other legal obligation. **58C. Prohibition of holding illegally acquired property.—(1) From the date of commencement of** this Chapter, it shall not be lawful for any person to whom this Chapter applies to hold any illegally acquired property either by himself or through any other person on his behalf. (2) Where any person holds such property in contravention of the provisions of sub-section (1), such property shall be liable to be forfeited to the State Government concerned in accordance with the provisions of this Chapter: Provided that no property shall be forfeited under this Chapter if such property was acquired by a person to whom this Act applies before a period of six years from the date on which he was charged for an offence relating to illegal hunting and trade of wild life and its products. **58D. Competent authority.—The State Government may, by order published in the Official Gazette,** authorise any officer not below the rank of Chief Conservator of Forests to perform the functions of the competent authority under this Chapter in respect of such persons or classes of persons as the State Government may, direct. **58E. Identifying illegally acquired property.—(1) An officer not below the rank of Deputy** Inspector General of Police duly authorised by the Central Government or as the case may be, the State Government, shall, on receipt of a complaint from the competent authority about any person having illegally acquired property, proceed to take all steps necessary for tracing and identifying any property illegally acquired by such person. 54 ----- (2) The steps referred to in sub-section (1) may include any inquiry, investigation or survey in respect of any person, place, property, assets, documents, books of account in any bank or financial institution or any other relevant step as may be necessary. (3) Any inquiry, investigation or survey referred to in sub-section (2) shall be carried out by an officer mentioned in sub-section (1) in accordance with such directions or guidelines as the competent authority may make or issue in this behalf. **58F. Seizure or freezing of illegally acquired property.—(1) Where any officer conducting an** inquiry or investigation under section 58E has reason to believe that any property in relation to which such inquiry or investigation is being conducted is an illegally acquired property and such property is likely to be concealed, transferred or dealt with in any manner which may result in frustrating any proceeding relating to forfeiture of such property under this Chapter, he may make an order for seizing such property and where it is not practicable to seize such property, he may make an order that such property shall not be transferred or otherwise dealt with, except with the prior permission of the officer making such order, or of the competent authority and a copy of such order shall be served on the person concerned: Provided that a copy of such an order shall be sent to the competent authority within forty-eight hours of its being made. (2) Any order made under sub-section (1) shall have no effect unless the said order is confirmed by an order of the competent authority within a period of thirty days of its being made. _Explanation.—For the purposes of this section, “transfer of property” means any disposition,_ conveyance, assignment, settlement, delivery, payment or other alienation of property and, without limiting the generality of the foregoing, includes— (a) the creation of a trust in property; (b) the grant or creation of any lease, mortgage, charge, easement, licence, power, partnership or interest in property; (c) the exercise of a power of appointment, of property vested in any person not the owner of the property, to determine its disposition in favour of any person other than the donee of the power; and (d) any transaction entered into by any person with intent thereby to diminish directly or indirectly the value of his own property and to increase the value of the property of any other person. **58G. Management of properties seized or forfeited under this Chapter.—(1) The State** Government may, by order published in the Official Gazette, appoint as many of its officers (not below the rank of Conservator of Forests) as it thinks fit, to perform the functions of an Administrator. (2) The Administrator appointed under sub-section (1) shall receive and manage the property in relation to which an order has been made under sub-section (1) of section 58F or under section 58-I in such manner and subject to such conditions as may be prescribed. (3) The Administrator shall also take such measures as the State Government may direct, to dispose of the property which is forfeited to the State Government. **58H. Notice of forfeiture of property.—(1) If having regard to the value of the properties held by** any person to whom this Chapter applies, either by himself or through any other person on his behalf, his known sources of income, earnings or assets, and any other information or material available to it as a result of a report from any officer making an investigation under section 58E or otherwise, the competent authority for reasons to be recorded in writing believes that all or any of such properties are illegally acquired properties, it may serve a notice upon such person (hereinafter referred to as the person affected) calling upon him within a period of thirty days specified in the notice to show cause why all or any of such properties, as the case may be, should not be declared to be illegally acquired properties and forfeited to the State Government under this Chapter and in support of his case indicate the sources of his income, earnings or assets, out of which or by means of which he has acquired such property, the evidence on which he relies and other relevant information and particulars. 55 ----- (2) Where a notice under sub-section (1) to any person specifies any property as being held on behalf of such person by any other person, a copy of the notice shall also be served upon such other person. **58-I. Forfeiture of property in certain cases.—(1) The competent authority may, after considering** the explanation, if any, to the show cause notice issued under section 58H, and the materials available before it and after giving to the person affected and in a case where the person affected holds any property specified in the notice through any other person, to such other person, also a reasonable opportunity of being heard, by order, record a finding whether all or any of the properties in question are illegally acquired properties: Provided that if the person affected (and in a case where the person affected holds any property specified in the notice through any other person, such other person also), does not appear before the competent authority or represent his case before it within a period of thirty days specified in the show cause notice, the competent authority may proceed to record a finding under this sub-section ex parte on the basis of evidence available before it. (2) Where the competent authority is satisfied that some of the properties referred to in the show cause notice are illegally acquired properties but is not able to identify specifically such properties, then, it shall be lawful for the competent authority to specify the properties which, to the best of its judgment, are illegally acquired properties and record a finding accordingly under sub-section (1) within a period of ninety days. (3) Where the competent authority records a finding under this section to the effect that any property is illegally acquired property, it shall declare that such property shall, subject to the provisions of this Chapter stand forfeited to the State Government free from all encumbrances. (4) In case the person affected establishes that the property specified in the notice issued under section 58H is not an illegally acquired property and therefore not liable to be forfeited under the Act, the said notice shall be withdrawn and the property shall be released forthwith. (5) Where any shares in a company stand forfeited to the State Government under this Chapter, the company shall, notwithstanding anything contained in the Companies Act, 1956 (1 of 1956) or the article of association of the company, forthwith register the State Government as the transferee of such shares. **58J. Burden of proof.—In any proceedings under this Chapter, the burden of proving that any** property specified in the notice served under section 58H is not illegally acquired property shall be on the person affected. **58K. Fine in lieu of forfeiture.—(1) Where the competent authority makes a declaration that any** property stands forfeited to the State Government under section 58-I and it is a case where the source of only a part of the illegally acquired property has not been proved to the satisfaction of the competent authority, it shall make an order giving option to the person affected to pay, in lieu of forfeiture, a fine equal to the market value of such part. (2) Before making an order imposing a fine under sub-section (1), the person affected shall be given a reasonable opportunity of being heard. (3) Where the person affected pays the fine due under sub-section (1), within such time as may be allowed in that behalf, the competent authority may, by order revoke the declaration of forfeiture under section 58-I and thereupon such property shall stand released. **58L. Procedure in relation to certain trust properties.—In the case of any person referred to in** sub-clause (vi) of clause (b) of section 58B, if the competent authority, on the basis of the information and materials available to it, for reasons to be recorded in writing believes that any property held in trust is illegally acquired property, it may serve a notice upon the author of the trust, or as the case may be, the contributor of the assets out of or by means of which such property was acquired by the trust and the trustees, calling upon them within a period of thirty days specified in the notice, to explain the source of money or other assets out of or by means of which such property was acquired or, as the case may be, the source of money or other assets which were contributed to the trust for acquiring such property and 56 ----- thereupon such notice shall be deemed to be a notice served under section 58H and all the other provisions of this Chapter shall apply accordingly. _Explanation.—For the purposes of this section “illegally acquired property” in relation to any_ property held in trust, includes— (i) any property which if it had continued to be held by the author of the trust or the contributor of such property to the trust would have been illegally acquired property in relation to such author or contributor; (ii) any property acquired by the trust out of any contributions made by any person which would have been illegally acquired property in relation to such person had such person acquired such property out of such contributions. **58M. Certain transfers to be null and void.—Where after the making of an order under** sub-section (1) of section 58F or the issue of a notice under section 58H or under section 58L, any property referred to in the said order or notice is transferred by any mode whatsoever, such transfer shall, for the purposes of the proceedings under this Chapter, be ignored and if such property is subsequently forfeited to the State Government under section 58-I, then, the transfer of such property shall be deemed to be null and void. **58N. Constitution of Appellate Tribunal.—(1) The State Government may, by notification in the** Official Gazette, constitute an Appellate Tribunal to be called the Appellate Tribunal for Forfeited Property consisting of a Chairman, and such number of other members (being officers of the State Government not below the rank of a Principal Secretary to the Government), as the State Government thinks fit, to be appointed by that Government for hearing appeals against the orders made under section 58F, section 58-I, sub-section (1) of section 58K or section 58L. (2) The Chairman of the Appellate Tribunal shall be a person who is or has been or is qualified to be a Judge of a High Court. (3) The terms and conditions of service of the Chairman and other members shall be such as may be prescribed. **58-O. Appeals.—(1) Any person aggrieved by an order of the competent authority made under** section 58F, section 58-I, sub-section (1) of section 58K or section 58L may, within forty-five days from the date on which the order is served on him prefer an appeal to the Appellate Tribunal: Provided that the Appellate Tribunal may entertain an appeal after the said period of forty-five days, but not after sixty days, from the date aforesaid if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. (2) On receipt of an appeal under sub-section (1), the Appellate Tribunal may, after giving an opportunity of being heard to the appellant, if he so desires, and after making such further inquiry as it deems fit, confirm, modify or set aside the order appealed against. (3) The Appellate Tribunal may regulate its own procedure. (4) On application to the Appellate Tribunal and on payment of the prescribed fee, the Appellate Tribunal may allow a party to any appeal or any person authorised in this behalf by such party to inspect at any time during office hours, any relevant records and registers of the Appellate Tribunal and obtain a certified copy or any part thereof. **58P. Notice or order not to be invalid for error in description.—No notice issued or served, no** declaration made, and no order passed under this Chapter shall be deemed to be invalid by reason of any error in the description of the property or person mentioned therein if such property or person is identifiable from the description so mentioned. **58Q. Bar of jurisdiction.—No order passed or declaration made under this Chapter shall be** appealable except as provided therein and no civil court shall have jurisdiction in respect of any matter which the Appellate Tribunal or any competent authority is empowered by or under this Chapter to 57 ----- 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 Chapter. **58R. Competent Authority and Appellate Tribunal to have powers of civil court.—The** competent authority and the Appellate Tribunal 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 documents; (c) receiving evidence on affidavits; (d) requisitioning any public record or copy thereof from any court or office; (e) issuing commissions for examination of witnesses or documents; (f) any other matter which may be prescribed. **58S. Information to competent authority.—(1) Notwithstanding anything contained in any other** law for the time being in force, the competent authority shall have power to require any officer or authority of the Central Government or a State Government or a local authority to furnish information in relation to such persons, on points or matters as in the opinion of the competent authority will be useful for, or relevant to, the purposes of this Chapter. (2) Every officer referred to in section 58T may furnish suo motu any information available with him to the competent authority if in the opinion of the officer such information will be useful to the competent authority for the purposes of this Chapter. **58T. Certain officers to assist Administrator, competent authority and Appellate Tribunal.—** For the purposes of any proceedings under this Chapter, the following officers shall render such assistance as may be necessary to the Administrator appointed under section 58G, competent authority and the Appellate Tribunal, namely:— (a) officers of Police; (b) officers of the State Forest Departments; (c) officers of the Central Economic Intelligence Bureau; (d) officers of the Directorate of Revenue Intelligence; (e) such other officers as specified by the State Government in this behalf by notification in the Official Gazette. **58U. Power to take possession.—(1) Where any property has been declared to be forfeited to the** State Government under this Chapter, or where the person affected has failed to pay the fine due under sub-section (1) of section 58K within the time allowed therefor under sub-section (3) of that section, the competent authority may order the person affected as well as any other person who may be in possession of the property to surrender or deliver possession thereof to the Administrator appointed under section 58G or to any person duly authorised by him in this behalf within thirty days of the service of the order. (2) If any person refuses or fails to comply with an order made under sub-section (1), the Administrator may take possession of the property and may for that purpose use such force as may be necessary. (3) Notwithstanding anything contained in sub-section (2), the Administrator may, for the purpose of taking possession of any property referred to in sub-section (1) requisition the services of any police officer to assist him and it shall be the duty of such officer to comply with such requisition. **58V. Rectification of mistakes.—With a view to rectifying any mistake apparent from record, the** competent authority or the Appellate Tribunal, as the case may be, may amend any order made by it within a period of one year from the date of the order: 58 ----- Provided that if any such amendment is likely to affect any person prejudicially and the mistake is not of a clerical nature, it shall not be made without giving to such person a reasonable opportunity of being heard. **58W. Findings under other laws not conclusive for proceedings under this Chapter.—No finding** of any officer or authority under any other law shall be conclusive for the purposes of any proceedings under this Chapter. **58X. Service of notices and orders.—Any notice or order issued or made under this Chapter shall be** served,— (a) by tendering the notice or order or sending it by registered post to the person for whom it is intended or to his agent; (b) if the notice or order cannot be served in the manner provided in clause (a), then, by affixing it on a conspicuous place in the property in relation to which the notice or order is issued or made or on some conspicuous part of the premises in which the person for whom it is intended is known to have last resided or carried on business or personally worked for gain. **58Y.Punishment for acquiring property in relation to which proceedings have been taken under** **this Chapter.—Any person who knowingly acquires, by any mode whatsoever, any property in relation** to which proceedings are pending under this Chapter shall be punishable with imprisonment for a term which may extend to five years and with fine which may extend to fifty thousand rupees.] CHAPTER VII MISCELLANEOUS **59. Officers to be public servants.—Every officer referred to** [1][in Chapter II and the chairperson, members, member-secretary and other officers and employees referred to in Chapter IVA], [2][Chapter IVB] and every other officer exercising any of the powers conferred by this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860). **60. Protection of action taken in good faith.—(1) No-suit, prosecution or other legal proceeding** shall lie against any officer or other employee of the Central Government or the 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 the State Government or any of its officers or other employees 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. 3[(3) No suit or other legal proceeding shall lie against the Authority referred to in Chapter IVA 4[Chapter IVB] and its chairperson, members, member-secretary, officers and other employees for anything which is in good faith done or intended to be done under this Act.] **5[60A. Reward to persons.—(1) When a court imposes a sentence of fine or a sentence of which fine** forms a part, the Court may, when passing judgment, order that the reward be paid to a person who renders assistance in the detection of the offence or the apprehension of the offenders out of the proceeds of fine not exceeding [6][fifty per cent. of such fine]. (2) Where a case is compounded under Sec. 54, the officer compounding may order reward to be paid to a person who renders assistance in the detection of the offence or the apprehension of the offenders out of the sum of money accepted by way of composition not exceeding [6][fifty per cent. of such money].] 1. Subs. by Act 44 of 1991, s. 41, for “in Chapter II and” (w.e.f. 2-10-1991). 2. Ins. by Act 39 of 2006, s. 5 (w.e.f. 4-9-2006). 3. Ins. by Act 44 of 1991, s. 42 (w.e.f. 2-10-1991). 4. Ins. by Act 39 of 2006, s. 6 (w.e.f. 4-9-2006). 5. Ins. by Act 44 of 1991, s. 43 (w.e.f. 2-10-1991). 6. Subs. by Act 16 of 2003, s. 35, for “twenty per cent. of such fine” (w.e.f. 1-4-2003). 59 ----- **1[60B. Reward by State Government.—The State Government may empower the Chief Wild Life** Warden to order payment of reward not exceeding ten thousand rupees to be paid to a person who renders assistance in the detection of the offence or the apprehension of the offender, from such fund and in such manner as may be prescribed.] **61. Power to alter entries in Schedules.—(1) The Central Government may, if it is of opinion that it** is expedient so to do, by notification, [2][ [3][amend any Schedule or add] or delete any entry to or from any Schedule] or transfer any entry from one Part of a Schedule to another Part of the same Schedule or from one Schedule to another. 4* - - - (3) On the issue of a notification under sub-section (1) [5]***, the relevant Schedule shall be deemed to be altered accordingly, provided that every such alteration shall be without prejudice to anything done or omitted to be done before such alteration. 6* - - - Provided that any such alteration made by the State Government, if it has been made with the previous consent of the Central Government, shall prevail in that State: Provided further that nothing in the foregoing proviso shall prevent the Central Government from modifying or cancelling, at any time, the alteration made by the State Government. **62. Declaration of certain wild animals to be vermin.—[7][The Central Government] may, by** notification, declare any wild animal [8][specified in Schedule II] to be vermin for any area and for such period as may be specified therein and so long as such notification is in force, such wild animal shall be 9[deemed not to be included in Schedule II for such area and for such period as specified in the notification]. **10[62A. Regulation or prohibition of import, etc., of invasive alien species.—(1) The Central** Government may, by notification, regulate or prohibit the import, trade, possession or proliferation of invasive alien species which pose a threat to the wild life or habitat in India. (2) The Central Government may authorise the Director or any other officer to seize and dispose of, including through destruction, the species referred to in the notification issued under sub-section (1). **62B. Power to issue directions.—Notwithstanding any other provision of this Act, the Central** Government may call for any information or report from a State Government or any such other agency or body or issue any direction to a State Government or any such other agency or body for effective implementation of the provisions of the Act for the protection, conservation and management of wild life in the country.] **63. Power of Central Government to make rules.—[11][(1) The Central Government may, by** notification, make rules for all or any of the following matters, namely:— (a) conditions and other matters subject to which a licensee may keep any specified plant in his custody or possession under section17F; 1. Ins. by Act 16 of 2003, s. 36, (w.e.f. 1-4-2003). 2. Subs. by Act 44 of 1991, s. 44, for “add any entry to any Schedule” (w.e.f. 2-10-1991). 3. Subs. by Act 18 of 2022, s. 37, for “add” (w.e.f. 1-4-2023). 4. Sub-section (2) omitted by Act 44 of 1991, s. 44, (w.e.f. 2-10-1991). 5. The words brackets and figure “or sub-section (2)” omitted by Act 44 of 1991, s. 44 (w.e.f. 2-10-1991). 6. Sub-section (4) omitted by s. 44, ibid. (w.e.f. 2-10-1991). 7. Subs. by Act 44 of 1991, s. 45, for certain words (w.e.f. 2-10-1991). 8. Subs. by Act 18 of 2022, s. 38, for “other than those specified in Schedule I and Part II of Schedule II” (w.e.f. 1-4-2023). 9. Subs. by s. 38, ibid., for “deemed to have been included in Schedule V” (w.e.f. 1-4-2023). 10. Ins. by s. 39, ibid (w.e.f. 1-4-2023). 11. Subs. by Act 44 of 1991, s. 46, for sub-section (1) (w.e.f. 2-10-1991). 60 ----- 1[(ai) the term of office of members other than those who are members ex officio; the manner of filling vacancies, the procedure to be followed by the National Board under sub-section (2) and allowances of those members under sub-section (3) of section 5A;] 2[(aa) the matters to be prescribed under clause (b) of sub-section (4) of section 44;] (b) the salaries, allowances and other conditions of appointment of chairperson, members and member-secretary under sub-section (5) of section 38B; (c) the terms and conditions of service of the officers and other employees of the Central Zoo Authority under sub-section (7) of section 38B; (d) the form in which the annual statement of accounts of the Central Zoo Authority shall be prepared under sub-section (4) of section 38E; (e) the form in which and the time at which the annual report of the Central Zoo Authority shall be prepared under section 38F; (f) the form in which and the fee required to be paid with the application for recognition of a zoo under sub-section (2) of section 38H; (g) the standards, norms and other matters to be considered for granting recognition under sub-section (4) of section 38H; 3[(gi) qualifications and experience of experts or professionals under clause (d) of sub-section (2) of section 38-1; (gii) the salaries and allowances and other conditions of appointment of the members under sub-section (4) of section 38M; (giii) the terms and conditions of service of the officers and other employees of the Tiger Conservation Authority under sub-section (2) of section 38N; (giv) the form in which the annual statement of accounts of Tiger Conservation Authority shall be prepared under sub-section (1) of section 38R; (gv) the form in which and the time at which the annual report of Tiger Conservation Authority shall be prepared under section 38S; (gvi) other powers of the Wild Life Crime Control Bureau under clause (ii) of sub-section (2) of section 38Z.] 4[(gvii) the manner of disposal of Government property under sub-section (5) of section 39; (gviii) the terms and conditions of a transfer or transport of a captive elephant by a person having a valid certificate of ownership for a religious or any other purpose under the proviso to sub-section (2) of section 43;] (h) the form in which declaration shall be made under sub-section (2) of section 44; (i) the matters to be prescribed under Cl. (b) of sub-section (4) of section 44; (j) the terms and conditions which shall govern transaction referred to in clause (b) of section 48; 5[(ji) the terms and conditions of service including salaries and allowances for appointment of the officers and employees of the Management Authority under sub-section (4) of section 49E; (jii) the conditions and procedures subject to which any exemption provided for in Article VII of the Convention may be availed under sub-section (2) of section 49H; 1. Ins. by Act 16 of 2003, s. 37 (w.e.f. 1-4-2003). 2. Ins. by Act 23 of 1982, s. 4 (w.e.f. 21-5-1982). 3. Ins. by Act 39 of 2006, s. 7 (w.e.f. 4-9-2006). 4. Ins. by Act 18 of 2022, s. 40 (w.e.f. 1-4-2023). 5. Ins. by s. 40, ibid (w.e.f. 1-4-2023). 61 ----- (jiii) the reporting of details of scheduled specimens and the transaction as per sub-section (3) of section 49H; (jiv) the form and manner of application, the fee payable, the conditions and the procedure to be followed under sub-section (5) of section 49H; (jv) the matters provided for in sub-sections (8) and (9) of section 49M; (jvi) the form and manner of the application, the fee payable, the form of licence and the procedure to be followed in granting or cancelling a licence as per sub-section (2) of section 49N; (jvii) the fee payable for renewal of licence as per sub-section (3), and manner of making appeal under sub-section (4), of section 49-O; (jviii) any other matter for proper implementation of the Convention as may be required under Chapter VB;] (k) the manner in which notice may be given by a person under clause (c) of section 55; (1) the matters specified in sub-section (2) of section 64 in so far as they relate to sanctuaries and National Parks declared by the Central Government.] (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. **64. Power of State Government to make rules.—(1) The State Government may, by notification,** make rules for carrying out the provisions of this Act in respect of matters which do not fall within the purview of section 63. (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 term of office of members other than those who are members, ex officio, the manner of filling vacancies and the procedure to be followed by the Board under sub-section (2) of section 6; (b) allowances referred to in sub-section (3) of section 6;] (c)the forms to be used for any application, certificate, claim,declaration, licence, permit, registration, return, or other document, made, granted, or submitted under the provisions of this Act and the fees, if any, therefor; (d) the conditions subject to which any licence or permit may be granted under this Act; 2[(dd) the conditions subject to which the officers will be authorised to file cases in the court;] (e)the particulars of the record of wild animals (captured or killed) to be kept and submitted by the licensee; 3[(ee) the manner in which measures for immunisation of live-stock shall be taken;] (f) regulation of the possession, transfer and the sale of captive animals, meat, animal articles, trophies and uncured trophies; (g) regulation of taxidermy; 1. Subs. by Act 16 of 2003, s. 38, for clauses (a) and (b) (w.e.f. 1-4-2003). 2. Ins. by s. 38, ibid. (w.e.f. 1-4-2003). 3. Ins. by Act 44 of 1991, s. 47 (w.e.f. 2-10-1991). 62 ----- 1[(ga) the manner and conditions subject to which the Administrator shall receive and manage the property under sub-section (2) of section 58G; (gb) the terms and conditions of service of the Chairman and other members under sub-section (3) of section 58N; (gc) the fund from which and the manner in which payment of reward under section 60B shall be made;] (h) any other matter which has to be, or may be, prescribed under this Act. **65. Rights of Scheduled Tribes to be protected.—Nothing in this Act shall affect the hunting rights** conferred on the Scheduled Tribes of the Nicobar Islands in the Union territory of Andaman and Nicobar Islands by notification of the Andaman and Nicobar Administration, No. 40,/67/F, No. G635, Vol. III, dated the 28th April, 1967, published at pages 1 to 5 of the Extraordinary issue of the Andaman and Nicobar Gazette, dated the 28th April, 1967. **66. Repeal and savings.—(1) As from the commencement of this Act, every other Act relating to any** matter contained in this Act and in force in a State shall, to the extent to which that Act or any provision contained therein corresponds, or is repugnant, to this Act or any provision contained in this Act, stand repealed: Provided that such repeal shall not,— (i) affect the previous operation of the Act so repealed, or anything duly done or suffered thereunder; (ii) affect any right, privilege, obligation or liability, acquired, accrued or incurred under the Act so repealed; (iii) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against the Act so repealed; or (iv) affect 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 and. Punishment may be imposed, as if the aforesaid Act had not been repealed. (2) Notwithstanding such repeal,— (a) anything done or any action taken under the Act so repealed, (including any notification, order, certificate, notice or receipt issued, application made, or permit granted) which is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act as, if this Act were in force at the time such thing was done or action was taken, and shall continue to be in force, unless and until superseded by anything done or any action taken under this Act; (b) every licence granted under any Act so repealed and in force immediately before the commencement of this Act shall be deemed to have been granted under the corresponding provisions of this Act and shall, subject to the provisions of this Act, continue to be in force for the unexpired portion. of the period for which such licence had been granted. (3) For the removal of doubts, it is hereby declared that any sanctuary or National Park declared by a State Government under any Act repealed under sub-section (1) shall be deemed to be a sanctuary or National Park, as, the case may be, declared by the State Government under this Act and where any right in or over any land in any such National Park which had not been extinguished under the said Act, at or before the commencement of this Act, the extinguishment of such rights shall be made in accordance with the provisions of this Act. 1. Ins. by Act 16 of 2003, s. 38 (w.e.f. 1-4-2003). 63 ----- 1[(4) For the removal of doubts, it is hereby further declared that where any proceeding under any provision of section 19 to 25 (both inclusive) is pending on the date of commencement of the Wild Life (Protection) Amendment Act, 1991 (44 of 1991), any reserve forest or a part of territorial waters comprised within a sanctuary declared under section 18 to be a sanctuary before the date of such commencement shall be deemed to be a sanctuary declared under section. 26A.] 1. Ins. by Act 44 of 1991, s. 48 (w.e.f. 2-10-1991). 64 ----- **1[SCHEDULE — I** ## (See sections 9, 11, 12, 38-I, 39, 40, 40A, 41, 42, 42A, 43, 48, 48A, 50, 51, 51A and 57 and Chapter V-A) PART A: MAMMALS Sl. No. Common name Scientific name ANTELOPES 1. Blackbuck Antilope cervicapra 2. Chinkara/Indian Gazelle Gazella bennettii 3. Four-horned Antelope Tetracerus quadricornis 4. Tibetan Antelope Pantholops hodgsonii 5. Tibetan Gazelle Procapra picticaudata BADGERS 6. Greater Hog Badger Arctonyx collaris 7. Northern Hog Badger Arctonyx albogularis 8. Ratel / Honey Badger Mellivora capensis BATS 9. Andaman Horseshoe Bat Rhinolophus cognatus 10. Black-eared Flying Fox Pteropus melanotus 1. Subs. by Act 18 of 2022, s. 41, for “Schedules I, II, III, IV, V and VI” (w.e.f. 1-4-2023). 65 ----- 11. Leafletted Leaf-nosed Bat/Kolar Leaf-nosed Bat _Hipposideros_ _hypophyllus_ 12. Nicobar Flying Fox _Pteropus faunulus_ 13. Salim Ali's Fruit Bat _Latidens salimalii_ 14. Wroughton's Free tailed Bat _Otomops wroughtoni_ **BEARS** 15. Asiatic Black Bear _Ursus thibetanus_ 16. Brown Bear _Ursus arctos_ 17. Sun Bear _Helarctos malayanus_ 18. Sloth Bear _Melursus ursinus_ **BINTURONG** 19. Binturong _Arctictis binturong_ **CANIDS** 20. Asiatic Wild Dog/Dhole _Cuon alpinus_ 21. Grey Wolf _Canis lupus_ 22. Jackal _Canis aureus_ **CAPRINES** 23. Argali/Nayan/Great Tibetan Sheep _Ovis amnion_ 24. Bharal/Blue Sheep _Pseudois nayaur_ 25. Chinese Goral _Naemorhedus griseus_ 26. Himalayan Goral _Naemorhedus goral_ 27. Himalayan Serow _Capricornis sumatrenis_ 28. Markhor _Copra falconeri_ 29. Red Goral _Naemorhedus baileyi_ 30. Red Serow _Capricornis rubidus_ 31. Siberian/Asiatic/Himalayan Ibex _Copra sibirica_ 32. Takin _Budorcas taxicolor_ 33. Urial _Ovis vignei_ **CATS** 34. Asiatic Golden Cat _Catopuma temminckii_ 35. Asiatic Lion _Panthera leo persica_ 66 ----- 36. Caracal _Caracal caracal_ 37. Cheetah _Acinonyx jubatus_ 38. Clouded Leopard _Neofelis nebulosi_ 39. Desert Cat _Felis silvestris_ 40. Eurasian Lynx _Lynx lynx_ 41. Fishing Cat _Prionailurus viverrinus_ 42. Jungle Cat _Felis chaus_ 43. Leopard _Panthera pardus_ 44. Leopard Cat _Prionailurus_ _bengalensis_ 45. Marbled Cat _Pardofelis marmorata_ 46. Pallas's Cat _Otocolobus manul_ 47. Rusty Spotted Cat _Prionailurus_ _rubiginosus_ 48. Snow Leopard _Panthera uncia_ 49. Tiger _Panthera tigris_ **CIVETS** 50. Asian Palm Civet _Paradoxurus_ _hermaphroditus_ 51. Jerdon's Palm Civet _Paradoxurus jerdoni_ 52. Large Indian Civet _Viverra zibetha_ 53. Malabar Large-spotted Civet _Viverra civettina_ 54. Masked Palm Civet _Paguma larvata_ 55. Small Indian Civet _Viverricula indica_ 56. Small-toothed Palm Civet _Arctogalidia trivirgata_ **DEER** 57. Alpine Musk Deer _Moschus chrysogaster_ 58. Black Musk Deer _Moschus fuscus_ 59. Himalayan Musk Deer _Moschus leucogaster_ 60. Hog Deer _Axis porcinus_ 61. Indian Chevrotain/Mouse Deer _Moschiola indica_ 62. Kashmir Musk Deer _Moschus cupreus_ 63. Kashmir Red Deer/Hangul _Cervus hangul_ 64. Manipur Brow-antlered Deer/Thamin _Rucervus eldii eldii_ 65. Sambar _Rusa unicolor_ 66. Swamp Deer/Barasingha _Rucervus duvaucelii_ 67. Northern Red Muntjak _Muntiacus vaginalis_ 68. Leaf Muntjak _Muntiacus putaoensis_ 69. Malabar Red Muntjak _Muntiacus malabaricus_ 67 ----- **DOLPHINS** 70. Fraser's Dolphin _Lagenodelphis hosei_ 71. Gangetic/South Asian River Dolphin _Platanista gangetica_ 72. Indo-Pacific Bottlenose Dolphin _Tursiops aduncus_ 73 Indo-Pacific hump-back Dolphin _Sousa chinensis_ 74. Indus River Dolphin _Platanista minor_ 75. Irrawady Dolphin _Orcaella brevirostris_ 76. Pantropical Spinner Dolphin 77. Pantropical Spotted Dolphin _Stenella longirostris_ _Stenella attenuata_ 78. Risso's Dolphin _Grampus griseus_ 79. Rough-toothed Dolphin _Steno bredanensis_ 80. Short-beaked Saddleback Dolphin/Common Dolphin _Delphinus delphis_ 81. Striped Dolphin _Stenella coeruleoalba_ **DUGONG** 82. Dugong/Sea Cow _Dugong dugon_ **ELEPHANT** 83. Asiatic Elephant _Elephas maximus_ **FOXES** 84. Bengal Fox _Vulpes bengalensis_ 85. Red Fox _Vulpes vulpes_ 86. Tibetan Sand Fox _Vulpes ferrilata_ **HARES** 87. Hispid Hare _Caprolagus hispidus_ **HOGS** 88. Pygmy Hog _Porcula salvania_ **HYAENA** 89. Striped Hyaena _Hyaena hyaena_ 68 ----- **LINSANG** 90. Spotted Linsang _Prionodon pardicolor_ **MARMOTS** 91. Himalayan Marmot _Marmota himalayana_ 92. Long-tailed Marmot _Marmota caudata_ **MARTENS** 93. Nilgiri Marten _Martes gwatkinsii_ 94. Stone/Beech Marten _Maries foina_ 95. Himalayan Yellow-throated Marten _Martes flavigula_ MONGOOSES 96. Small Indian Mongoose _Urva auropunctata_ 97. Grey Mongoose _Urva edwardsii_ 98. Brown Mongoose _Urva fuscu_ 99. Javan Mongoose _Urva javanica_ 100. Ruddy Mongoose _Urva smithii_ 101. Crab-eating Mongoose _Urva urva_ 102. Stripe-necked Mongoose _Urva vitticolla_ **OTTERS** 103. Eurasian Otter _Lutra lutra_ 104. Oriental Small-clawed Otter _Aonyx cinereal_ 105. Smooth-coated Otter _Lutrogale perspicillata_ **OTHER RODENTS** 106. Bonhote's Mouse _Mus famulus_ 107. Nilgiri Vandeleuria/Nilgiri Long-tailed Tree Mouse _Vandeleuria nilagirica_ 108. Large Rock Rat/Elvira Rat _Cremnomys Elvira_ 109. Hume's Hadromys/Hume's Rat _Hadromys humei_ 110. Large Metad/Kondana Rat _Millardia kondana_ 111. Miller's Nicobar Rat _Rattus burrus_ 69 ----- 112. Ranjini's Rat _Rattus ranjiniae_ **PANGOLINS** 113. Indian Pangolin _Manis crassicaudata_ 114. Chinese Pangolin _Manis pentadactyla_ **PIG** 115. Andaman Wild Pig _Sus scrofa_ _andamanensis_ **PIKA** 116. Royle's Pika _Ochotona roylei_ **PORPOISE** 117. Finless Porpoise _Neophocaena_ _phocaenoides_ **PORCUPINES** 118. Asiatic Brush-tailed Porcupine _Atherurus macrourus_ 119. Himalayan Crestless Porcupine _Hystrix brachyura_ 120. Indian Porcupine _Hystrix indica_ **PRIMATES** 121. Arunachal Macaque _Macaca munzala_ 122. Assamese Macaque _Macaca assamensis_ 123. Bengal Slow Loris _Nycticebus bengalensis_ 124. Black-footed Gray Langur _Semnopithecus_ _hypoleucos_ 125. Bonnet Macaque _Macaca radiata_ 126. Capped Langur _Trachypithecus pileatus_ 127. Gee's Golden Langur _Trachypithecus geei_ 128. Gray Slender Loris _Loris lydekkerianus_ 129. Hoolock Gibbon _Hoolock hoolock_ 130. Kashmir Gray Langur _Semnopithecus ajax_ 131. Lion-Tailed Macaque _Macaca Silenus_ 132. Nepal Gray Langur _Semnopithecus_ _schistaceus_ 133. Nicobar Long-tailed Macaque _Macaca fascicularis_ _umbrosus_ 134. Nilgiri Langur _Semnopithecus johnii_ 70 ----- 135. Northern Pig-tailed Macaque _Macaca leonine_ 136. Phayre's Leaf Monkey _Trachypithecus phayrei_ 137. Sela macaque _Macaca selai_ 138. Stump-tailed macaque _Macaca arctoides_ 139. Tarai Gray Langur _Semnopithecus hector_ 140. Tufted Gray Langur _Semnopithecus priam_ 141. White-cheeked Macaque _Macaca leucogenys_ **RED PANDA** 142. Himalaya Red Panda _Ailurus fulgens_ 143. Chinese Red Panda _Ailurus styani_ **RHINOCEROS** 144. Indian/Greater One-horned Rhinoceros _Rhinoceros unicornis_ **SQUIRRELS** 145. Hairy-footed Flying Squirrel _Belomys pearsonii_ 146. Namdhapa Flying Squirrel _Biswamoyopterus_ _biswasi_ 147. Woolly Flying Squirrels _All species of the Genus_ _Eupetaurus_ 148. Giant Flying Squirrels _All species of the Genus_ _Petaurista_ 149. Malabar/Indian Giant Squirrel _Ratufa indica_ 150. Malayan Giant Squirrel _Ratufa bicolor_ 151. Grizzled Giant Squirrel _Ratufa macroura_ 152. Travancore Flying Squirrel _Petinomys_ _fuscocapillus_ **SHREWS** 153. Andaman Shrew _Crocidura_ _andamanensis_ 154. Day's Shrew _Suncus dayi_ 155. Himalayan Tahr _Hemitragus jemlahicus_ 156. NilgiriTahr _Nilgiritragus hylocrius_ 71 ----- **TREESHREWS** 157. Nicobar Treeshrew _Tupaia nicobarica_ **WHALES** 158. Common Minke Whale _Balaenoptera_ _acutorostrata_ 159. Sei Whale _Balaenoptera borealis_ 160. Bryde's Whale _Balaenoptera edeni_ 161. Blue Whale _Balaenoptera musculus_ 162. Fin Whale _Balaenoptera physalus_ 163. Humpback Whale _Megaptera_ _novaeangliae_ 164. Pygmy Killer Whale _Feresa attenuate_ 165. Short-finned Pilot Whale _Globicephala_ _macrorhynchus_ 166. Killer Whale _Orcinus orca_ 167. Melon-headed Whale _Peponocephala electra_ 168. False Killer Whale _Pseudorca crassidens_ 169. Sperm Whale/Cachalot _Physeter_ _macrocephalus_ 170. Pygmy Sperm Whale _Kogia breviceps_ 171. Dwarf Sperm Whale _Kogia sima_ 172. Blainville's Beaked Whale _Mesoplodon_ _densirostris_ 173. Ginkgo-toothed Beaked Whale _Mesoplodon_ _ginkgodens_ 174. Cuvier's Beaked Whale _Ziphius cavirostris_ **WILD CATTLE** 175. Gaur/Indian Bison _Bos gaurus_ 176. Wild Yak _Bos mutus_ 177. Wild Water Buffalo _Bubalus arnee_ **WILD ASS** 178. Indian Wild Ass _Equus hemionus_ 179. Tibetan Wild Ass _Equus kiang_ **WEASELS** 180. Mountain Weasel _Mustela altaica_ 181. Siberian Weasel _Mustela sibirica_ 182. Yellow-bellied Weasel _Mustela kathiah_ 183. Ermine or Short-tailed Weasel Mustela erminea 72 ----- **PART B: BIRDS** **Sl. No.** **Common name** **Scientific name** **BARN OWLS** 1. Andaman Barn Owl _Tyto deroepstorffi_ 2. Common Barn Owl _Tyto alba_ **BITTERNS, HERONS AND EGRETS** 3. Cinnamon Bittern _Ixobrychus_ _cinnamomeus_ 4. White-bellied Heron _Ardea insignis_ 5. White-eared Night Heron _Gorsachius magnificus Gorsachius magnificus_ **BUNTINGS** 6. Yellow-breasted Bunting _Emberiza aureola_ **BUSTARDS** 7. Bengal Florican _Houbaropsis_ _bengalensis_ 8. Great Indian Bustard _Ardeotis nigriceps_ 9. Lesser Florican _Sypheotides indicus_ 10. Little Bustard _Tetrax tetrax_ 11. Macqueen's Bustard _Chlamydotis_ _macqueenii_ **CISTICOLAS, PRINIAS, AND ALLIES** 12. Grey-crowned Prinia _Prinia cinereocapilla_ 13. Rufous-fronted Prinia _Prinia buchanani_ **COURSERS AND PRATINCOLES** 14. Indian Courser _Cursorius_ _coromandelicus_ 15. Jerdon's Courser _Rhinoptilus_ _bitorquatus_ **CRANES** 16. Black-necked Crane _Grus nigricollis_ 73 ----- 17. Common Crane _Grus grus_ 18. Demoiselle Crane _Grus virgo_ 19. Hooded Crane _Grus monacha_ 20. Sarus Crane _Antigone antigone_ 21. Siberian Crane _Leucogeranus_ _leucogeranus_ **CROWS AND ALLIES** 22. Andaman Treepie _Dendrocitta bayleii_ **DUCKS, GEESE, AND SWANS** 23. Andaman Teal _Anas albogularis_ 24. Baer's Pochard _Aythya baeri_ 25. Common Pochard _Aythya ferina_ 26. Cotton Pygmy Goose _Nettapus_ _coromandelianus_ 27. Fulvous Whistling Duck _Dendrocygna bicolor_ 28. Marbled Teal _Marmaronetta_ _angustirostris_ 29. Pink-headed Duck _Rhodonessa_ _caryophyllacea_ 30. White-headed Duck _Oxyura leucocephala_ 31. White-winged Wood Duck _Asarcornis scutulata_ **FALCONS** 32. Amur Falcon _Falco amurensis_ 33. Laggar Falcon _Falco jugger_ 34. Peregrine Falcon _Falco peregrinus_ 35. Red-necked Falcon _Falco chicquera_ 36. Saker Falcon _Falco cherrug_ **FINFOOTS** 37. Masked Finfoot _Heliopais personatus_ **FLYCATCHERS, CHATS AND ALLIES** 38. Chinese Rubythroat _Calliope tschebaiewi_ 39. Hodgson's Bushchat _Sa.xicola insignis_ 40. Kashmir Flycatcher _Ficedula subrubra_ 41. Large Blue Flycatcher _Cyornis magnirostris_ 42. Nilgiri Sholakili _Sholicola major_ 74 ----- 43. White-bellied Sholakili _Sholicola albiventris_ **FRIGATEBIRDS** 44. Christmas Island Frigatebird _Fregata andrewsi_ **FROGMOUTHS** 45. Hodgson's Frogmouth _Batrachostomus_ _hodgsoni_ 46. Sri Lanka Frogmouth _Batrachostomus_ _moniliger_ **GULLS AND TERNS** 47. Black-bellied Tern _Sterna acuticauda_ 48. Gull-billed Tern _Gelochelidon nilotica_ 49. Indian Skimmer _Rynchops albicollis_ 50. River Tern _Sterna aurantia_ **HORNBILLS** 51. Austen's Brown Hornbill _Anorrhinus austeni_ 52. Great Hornbill _Buceros bicornis_ 53. Malabar Grey Hornbill _Ocyceros griseus_ 54. Malabar Pied Hornbill _Anthracoceros_ _coronatus_ 55. Narcondam Hornbill _Rhyticeros narcondami_ 56. Oriental Pied Hornbill _Anthracoceros_ _albirostris_ 57. Rufous-necked Hornbill _Aceros nipalensis_ 58. Wreathed Hornbill _Rhyticeros undulatus_ **IBISBILL** 59. Eurasian Spoonbill _Platalea leucorodia_ 60. Ibisbill _Ibidorhyncha_ _struthersii_ **KINGFISHERS** 61. Blyth's Kingfisher _Alcedo hercules_ **KITES, HAWKS, EAGLES AND VULTURES** 62. Andaman Serpent Eagle _Spilornis elgini_ 75 ----- 63. Bearded Vulture _Gypaetus barbatus_ 64. Besra _Accipiter virgatus_ 65. Black Baza _Aviceda leuphotes_ 66. Black Eagle _Ictinaetus malaiensis_ 67. Bonelli's Eagle _Aquila fasciata_ 68. Booted Eagle _Hieraaetus pennatus_ 69. Brahminy Kite _Haliastur indus_ 70. Changeable Hawk Eagle _Nisaetus cirrhatus_ 71. Chinese Sparrowhawk _Accipiter soloensis_ 72. Cinereous Vulture _Aegypius monachus_ 73. Common Buzzard _Buteo buteo_ 74. Crested Goshawk _Accipiter trivirgatus_ 75. Crested Serpent Eagle _Spilomis cheela_ 76. Eastern Imperial Eagle _Aquila heliaca_ 77. Eastern Marsh Harrier _Circus spilonotus_ 78. Egyptian Vulture _Neophron percnopterus_ 79. Eurasian Sparrowhawk _Accipiter nisus_ 80. Golden Eagle _Aquila chrysaetos_ 81. Greater Spotted Eagle _Clanga clanga_ 82. Grey-faced Buzzard _Butastur indicus_ 83. Grey-headed Fish Eagle _Haliaeetus ichthyaetus_ 84. Griffon Vulture _Gyps.fulvus_ 85. Hen Harrier _Circus cyaneus_ 86. Himalayan Buzzard _Buteo refectus_ 87. Himalayan Vulture _Gyps himalayensis_ 88. Indian Spotted Eagle _Clanga hastata_ 89. Indian Vulture _Gyps indicus_ 90. Japanese Sparrowhawk _Accipiter gularis_ 91. Jerdon's Baza _Aviceda jerdoni_ 92. Lesser Fish Eagle _lcthyophaga humilis_ 93. Long-legged Buzzard _Buteo rufinus_ 94. Montagu's Harrier _Circuspygargus_ 95. Mountain Hawk Eagle _Nisaetus nipalensis_ 96. Nicobar Serpent Eagle _Spilomis klossi_ 97. Nicobar Sparrowhawk _Accipiter butleri_ 98. Northern Goshawk _Accipiter gentilis_ 99. Pallas's Fish Eagle _Haliaeetus leucoryphus_ 100. Pallid Harrier _Circus macrourus_ 101. Pied Harrier _Circus melanoleucos_ 102. Red Kite _Milvus milvus_ 103. Red-headed Vulture _Sarcogyps calvus_ 76 ----- 104. Rufous-bellied Eagle _Lophotriorchis kienerii_ 105. Shikra _Accipiter badius_ 106. Short-toed Snake Eagle _Circaetus gallicus_ 107. Slender-billed Vulture _Gyps tenuirostris_ 108. Steppe Eagle _Aquila nipalensis_ 109. Tawny Eagle _Aquila rapax_ 110. Upland Buzzard _Buteo hemilasius_ 111. Western Marsh Harrier _Circus aeruginosus_ 112. White-bellied Sea Eagle _Haliaeetus leucogaster_ 113. White-eyed Buzzard _Butastur teesa_ 114. White-rumped Vulture _Gyps bengalensis_ 115. White-tailei Sea Eagle _Haliaeetus albicilla_ **LAUGIDNGTHRUSHES AND LARGE** **BABBLERS** 116. Ashambu Laughingthrush _Montecincla_ _meridionalis_ 117. Banasura Laughingthrush _Montecincla jerdoni_ 118. Bar-winged Wren Babbler _Spelaeornis_ _troglodytoides_ 119. Brown-capped Laughingthrush _Trochalopteron austeni_ 120. Bugun Liocichla _Liocichla bugunorum_ 121. Chestnut-backed Laughingthrush _Pterorhinus nuchalis_ 122. Grey-sided Laughingthrush _Pterorhinus caerulatus_ 123. Jerdon's Babbler _Chrysomma altirostre_ 124. Moustached Laughingthrush _Ianthocincla cineracea_ 125. Nilgiri Laughingthrush _Montecincla_ _cachinnans_ 126. Sikkim Wedge-billed Babbler _Stachyris humei_ 127. Slender-billed Babbler _Argya longirostris_ 128. Snowy-throated Babbler _Stachyris oglei_ 129. Tawny-breasted Wren Babbler _Spelaeornis_ _longicaudatus_ **LOCUSTELLA WARBLERS AND ALLIES** 130. Bristled Grassbird _Schoenicola striatus_ 131. Broad-tailed Grassbird _Schoenicola platyurus_ 132. West Himalayan Bush Warbler **MEGAPODES** _Locustella_ _kashmirensis_ 133. Nicobar Megapode _Megapodius_ _nicobariensis_ **MINIVETS AND CUCKOOSHRIKES** 77 ----- 134. Small Minivet _Pericrocotus_ _cinnamomeus_ **MUNIAS** 135. Green Munia _Amandava Formosa_ **NUTHATCHES** 136. Beautiful Nuthatch _Sitta formosa_ **OSPREY** 137. Osprey _Pandion haliaetus_ **OWLS** 138. Brown Fish Owl _Ketupa zeylonensis_ 139. Brown Wood Owl _Strix leptogrammica_ 140. Buffy Fish Owl _Ketupa ketupu_ 141. Eurasian Eagle Owl _Bubo bubo_ 142. Forest Owlet _Athene blewitti_ 143. Indian Eagle Owl _Bubo bengalensis_ 144. Mottled Wood Owl _Strix ocellate_ 145. Northern Long-eared Owl _Asio otus_ 146. Short-eared Owl _Asio flammeu_ 147. Spot-bellied Eagle Owl _Bubo nipalensis_ 148. Tawny Fish Owl _Ketupa flavipes_ **PARROTBILLS AND ALLIES** 149. Black-breasted Parrotbill _Paradoxornis Paradoxornis f/.avirostris_ _flavirostris_ **PARROTS & PARAKEETS** 150. Lord Derby's Parakeet _Psittacula derbiana_ 151. Red-breasted Parakeet _Psittacula alexandri_ **PARTRIDGES, QUAILS, AND PHEASANTS** 152. Blood Pheasant _Ithaginis cruentus_ 78 ----- 153. Blyth's Tragopan _Tragopan blythii_ 154. Cheer Pheasant _Catretts wallichii_ 155. Chestnut-breasted Partridge _Arborophila mandellii_ 156. Green Peafowl _Pavo muticus_ 157. Grey Junglefowl _Gallus sonneratii_ 158. Grey Peacock Pheasant _Polyplectron_ _bicalcaratum_ 159. Himalayan Monal _Lophophorus_ _impejanus_ 160. Himalayan Quail _Ophrysia superciliosa_ 161. Indian Peafowl _Pavo cristatus_ 162. Kalij Pheasant _Lophura leucomelanos_ 163. Manipur Bush Quail _Perdicula_ _manipurensis_ 164. MountaiWBamboo Partridge _Bambusicola fytchii_ 165. Mrs Hume's Pheasant _Syrmaticus humiae_ 166. Satyr Tragopan _Tragopan satyra_ 167. Sclater's Monal _Lophophorus sclateri_ 168. Swamp Francolin _Francolinus gularis_ 169. Temminck's Tragopan _Tragopan temminckii_ 170. Tibetan Ear Pheasant _Crossoptilon harmani_ 171. Tibetan Partridge _Perdix hodgsoniae_ 172. Tibetan Snowcock _Tetraogallus tibetanus_ 173. Western Tragopan _Tragopan_ _melanocephalus_ **PIGEONS AND DOVES** 174. Andaman Green Pigeon _Treron chloropterus_ 175. Nicobar Pigeon _Caloenas nicobarica_ 176. Nilgiri Wood Pigeon _Columba elphinstonii_ 177. Pale-capped Pigeon _Columba punicea_ 178. Yellow-eyed Pigeon _Columba eversmanni_ **PIPITS AND WAGTAILS** 179. Forest Wagtail _Dendronanthus indicus_ 180. Nilgiri Pipit _Anthus nilghiriensis_ **PLOVERS AND LAPWINGS** 181. Pacific Golden Plovet: _Pluvialis falva_ 182. Sociable Lapwing _Vanellus gregarius_ ## SANDPIPERS 79 ----- ## 183. Common Greenshank. Tringa nebularia 184. Great Knot Calidris tenuirostris 185. Spoon-billed Sandpiper Calidris pygmaea 186. Wood Snipe Gallinago nemoricola SCIMITAR BABBLERS AND ALLIES 187. Mishmi Wren Babbler Spelaeornis badeigularis 188. Naga Wren Babbler Spelaeornis chocolatinus SMALL BABBLERS, FULVETTAS AND ALLIES 189. Marsh Babbler Pellomeum palustre 190. Rufous-vented Grass Babbler Laticilla burnesii 191. Swamp Grass Babbler Laticilla cinerascens STARLINGS AND MYNA 192. Common Hill Myna Gracula religiosa 193. Southern Hill Myna Gracula indica # STORKS ## 194. Greater Adjutant Leptoptilos dubius 195. Lesser Adjutant Leptoptilos javanicus 196. White Stork Ciconia Ciconia # SWIFTS ## 197. Crested Treeswift Hemiprocne coronata 198. Dark-rumped Swift Apus acuticauda 199. Glossy Swiftlet Collocalia esculenta 200. Indian Swiftlet Aerodramus unicolor THRUSHES AND ALLIES 201. Nilgiri Thrush Zoothera neilgherriensis TROGONS 80 ----- ## 202. Ward's Trogon Harpactes wardi TITS 203. White-naped Tit Machlolophus nuchalis WEAVERS 204. Finn's Weaver Ploceus megarhynchus WOODPECKERS AND ALLIES 205. Andaman Woodpecker Dryocopus hodgei 206. Great Slaty Woodpecker M ulleripicus pulverulentus 207. Heart-spotted Woodpecker Hemicircus canente 208. Yellow-crowned Woodpecker Leiopicus mahrattensis PART C: REPTILES ## No. Common Name BOAS ## Scientific Name ## 1. Red Sand Boa Eryx johnii 2. Whitaker's Boa Eryx whitakeri CROCODILES 3. Gharial Gavia/is gangeticus 4. Marsh Crocodile Crocodylus palustris 5. Saltwater Crocodile Crocodylus porosus CHAMELEON # 6. Indian Chameleon Chamaeleo ## zeylanicus GECKOS # 7. Andaman Giant gecko Gekko verreauxi ## 8. Bangalore Geckoella Cyrtodactylus srilekhae 9. Horsfield's Gliding Gecko Gekko horsfieldii 81 ----- 10. Indian Golden Gecko _Calodactylodes_ ## aureus 11. Jeypore Ground Gecko Cyrtodactylus jeyporensis 12. Leopard Geckos I Eyelid All species of the Genus Geckos _Eublepharis_ ## 13. Nicobar Gliding Gecko Gekko nicobarensis 14. Rishi Valley Geckoella _Cyrtodactylus_ ## rishivalleyensis 15. Smith's Green-eyed Gecko Gekko smithii 16. Smooth-backed Gliding Gecko _Gekko lionotum_ 17. Tokay Gecko _Gekko gecko_ ## KING COBRA ## 18.. Indian Cobras All species of the Genus Naja 19. King Cobra All species of the Genus ## Ophiophagus LIZARDS 20. Indian Spiny Tailed Lizard _Saara hardwickii_ ## MONITORS 21. Bengal Monitor _Varanus bengalensis_ 22. Desert Monitor _Varanus g riseus_ 23. Water Monitor _Varanus salvator_ 24. Yellow Monitor _Varanusjl. avescens_ ## OTHER SNAKES 25. Checkered Keelback _Fowlea piscator_ ## 26. Dhaman or Indian Rat Snake Ptyas mucosa 27. Dog-faced Water Snake _Cerberus rynchops_ 28. Indian Egg Eating Snake _Boiga westennanni_ 29. Olive Keelback Water Snake _Atretium schistosum_ 30. Russell's Viper _Daboia russelii_ ## PYTHONS 31. Pythons All species of the Genus Python 32. Reticulated Python _Malayopython_ ## reticulates TURTLES & TORTOISES 82 ----- ## 33. Arnboina Box Turtle Cuora amboinensis 34. Asian Giant Softshell Turtle Pelochelys cantorii 35. Asian Giant Tortoise Manouria emys 36. Asiatic Softshell Turtle Amyda cartilaginea 37. Assam Roofed Turtle Pangshura sylhetensis_ 38. Black Softshell Turtle Nilssonia nigricans 39. Cochin Forest Cane Turtle Vijayachelys silvatica 40. Crowned River Turtle Harde/la thurjii 41. Green Sea Turtle Chelonia mydas 42. Hawksbill Turtle Eretmochelys imbricata 43. Indian Eyed Turtle Morenia petersi 44. Indian Flap Shell Turtle Lissemys punctata 45. Indian Narrow-headed Chitra indica 46. Softshell Turtle Indian Roofed Turtle Pangshura tecta 47. Indian Softshell Turtle Nilssonia gangetica 48. Indian Star Tortoise Geochelone elegans 49. Indian Tent Turtle Pangshura tentoria 50. Keeled box Turtle Cuora mouhotii 51. Leatherback Turtle Dermochelys coriacea 52. Leith' s Softshell Turtle Nilssonia leithii 53. Loggerhead Turtle Caretta caretta 54. Northern River Terrapin Batagur baska 55. Olive Ridley Sea Turtle Lepidochelys olivacea 56. Peacock Softshell Turtle Nilssonia hurum 57. Red-crowned Roofed Turtle Batagur kachuga 58. Sal forest Tortoise lndotestudo elongata 59. Spotted Pond Turtle Geoclemys amiltonii 60. Three-striped Roofed Turtle Batagur dhongoka 61. Travancore Tortoise lndotestudo travancorica 62. Tricarinate Hill Turtle Melanochelys tricarinata PART D: AMPHIBIANS No. Common Name Scientific Name 1. Crocodile Newt Tylototriton verrucosus 2. Himalayan Salamander Tylototriton himalayanus 3. Koyna Toad Xanthophryne koynayensis 4. Purple Frogs All species of the Genus Nasikabatrachus 2 . 83 ----- ## PART E: FIS H E S No. Common Names Scientific Name GROUPER # 1. Giant Grouper Epinephelus ## lanceolatus SEAHORSES 2. Seahorses and Pipefishes All species in the Famil y Syngnathidae RAYS 3. Bottlenose Wedgefish Rhynchobatus australiae 4. Bowmouth Guitarfish Rhina ancylostoma 5. Clubnose Guitarfish Glaucostegus thouin 6. Ganges Stingray Himanturafluviatilis 7 . Giant Freshwater Urogymnus polylepis Whipray 8. Giant Guitarfish Rhynchobatus djiddensis 9. Giant Manta Mobula birostris 10. Porcupine Whipray Urogymnus asperrimus 11. Reef Manta Mobula alfredi 12. Smoothnose Wedgefish Rhynchobatus laevis 13. Widenose Guitarfish Glaucostegus obtusus SAWFISHES 14. Common sawfish Pristis pristis 15. Dwarf sawfish Pristis clavata # 16. Green Sawfish Pristis zijsron ## 17. Nanuw Sawfish Anoxypristis cuspidata # SHARKS ## 18. Gangetic Shark Glyphis gangeticus # 19. Pondicherry Shark Carcharhinus ## hemiodon 20. Whale Shark Rhincodon typus PART F: ECHINODERMATA 84 ----- ## No. Common Name Scientific Name ## 1. ## Sea Cucumber All species of the Class Holothuroidea # PART G: MOLLUSCA ## No. Common Name CLAMS ## Scientific Name ## 1. Auted Giant Clam Tridacna squamosa 2. Horse's Hoof Clam Hippopus hippopus 3. Small Giant Clam Tridacna maxima CONES 4. Glory of India Conus milneedwardsi # HELMET SHELLS ## 5. Homed Helmet Shell/ King Shell Cassis comuta NAUTILUS 6. Emperor Nautilus/ Chambered nautilus Nautilus pompiliu s # SHELLS ## 7. Bull Mouth Helmet/ Queenshell Cypraecassis rufa # TRUMPETS ## 8. Triton's Trumpet shell Charania tritonis # SPIRALS ## 9. Spiral Tudicla Tudicla spirillus PART H: ARTHROPODS (OTHER THAN INSECTS) 85 ----- ## No. Common Name Scientific Name 1. Coconut or Robber Crab _Birgus latro_ ## PART I: BUTTERFLIES (LEPIDOPTERA) ## No. Common name Family ## Scientific name Lycaenidae ## 1. Andaman Tailless Arhopala zeta Oakblue 2. Blue Posy Drupadia scaeva 3. Broad banded Simiskina phalena Brilliant 4. Cachar Mandarine Charana cepheis Blue 5. Chapman's Hedge Notarthrinus binghami Blue # 6. Chestnut-and-plack Tajuria yajna ## Royal 7. Chinese Hairstreak Amblopala avidiena 8. Chocolate Bushblue Arhopala ariel 9. Comic Oak.blue Arhopala comica 10. Ferrar's Cerulean ]amides ferrari 11. Ferruginous Ahlbergia leechii Hairstreak # 12. Great Brownie Gerydus symethus ## 13. Great Dark.ie Allotinus drumila # 14. Hybrid Sapphire Heliophorus hybrida ## 15. Kanara Oakblue Arhopala alea 16. Mackwood 's Strymon mackwoodi Hairstreak 17. Moth Butterfly Liphyra brassolis 18. Naga Hedge Blue Oreolyce dohertyi # 19. Opal Oakblue Arhopala opalina ## 20. Paona Hairstreak Shirozuozephyrus paona 21. Peacock Hairstreak Euaspa pavo 22. Plain Tailless Oak.blue Arhopala asopia 23. Purple-brown Tailless Arhopala arvina Oak.blue 24. Tytler's Dull Oakblue Arhopala ace 25. Watson's Hairstreak Theda letha 26. Watson's Mottle Logania watsoniana Family Nympbalidae 86 ----- 27. Andaman King Crow _Euploea midamus roepstorffi_ 28. Bamboo Tree Brown _Lethe europa_ 29. Banded Duffer _Discophora deo_ 30. Bhutan Sergeant _Athyma jina_ 31. Bhutan Treebrown _Lethe margaritae_ 32. Blue Baron _Euthalia telchinia_ 33. Blue Begam _Prothoe franck regalis_ 34. Blue Duke _Euthalia durga_ 35. Blue Nawab _Polyura schreiber_ 36. Branded Yeoman _Algia fasciata_ 37. Camberwell Beauty _Nymphalis antiopa yedanula_ 38. Chestnut Rajah _Charaxes dumfordi_ 39. Commc;)Il Duffer _Discophora sondaica_ 40. Dark Wall _Lasiommata menava_ 41. Dismal Mystic _Lethe ocellata_ 42. Dull Forester _Lethe gulnihal_ 43. Eastern Courtier _Sophisa chandra_ 44. Empress _Sasakia funebris_ 45. Freak _Calinaga buddha_ 46. Fuliginous Sailer _Neptis ebusa ebusa_ 47. Golden Emperor _Dillpa morgiana_ 48. Grand Duke _Euthalia iva_ 49. Hockeystick Sailer _Neptis nycteus_ 50. Hockeystick Sailer _Phaedyma aspasia_ 51. Malay Staff Sergeant _Athyma reta moorei_ 52. Malayan Nawab _Polyura moori sandakana_ 53. Manipur Fivering _Ypthima persimilis_ 54. Mottled Argus _Loxerebia narasirigha_ 55. Naga Duke _Euthalia curvifascia_ 56. Northern Jungle _Stichophthalma camadeva_ Queen 57. Orchid Tit _Chlioria othona_ 58. Pallid Forester _Lethe satyavati_ 59. Peal's Palmfly _Elymnias peali_ 60. Pointed Palmfly _Elymnias penaga_ 61. Purple Bushbrown _Mycalesis orseis_ 62. Scarce Blue Tiger _Tirumala gautama_ 63. Scarce Catseye _Coelites nothis_ 64. Scarce Jester _Symbrenthia silana_ 65. Scarce Lilacfork _Lethe dura_ 66. Scarce Red Forester _Lethe distans_ 67. Scarce Siren _Hestina nicevillei_ 68. Scarce White _Sumalia zulema_ Commodore 69. Single Silverstripe _Lethe ramadeva_ 70. Spotted Black Crow _Euploea crameri_ 87 ----- 71. Tawny Emperor _Chitoria ulupi_ 72. Tytler' s Emperor _Eulaceura manipurensis_ 73. Tytler's Treebrown _Lethe gemina_ 74. White Emperor _Helcyra hemina_ 75. White Spot Fritilliary _Argynnis hegmone_ **Family** **Papilionidae** 76. Banded Apollo _Parnassius delphius_ 77. Black Windmill _Byasa crassipes_ 78. Chinese Windmill _Byasa plutonius_ 79. Common Clubtail _Losaria coon_ 80. de Niceville's _Byasa polla_ Windmill 81. Hannyngton Apollo _Pamassius hannyngtoni_ 82. Himalayan Bhutan _Bhutanitis lidderdalii_ Glory 83. Imperial Apollo _Pamassius imperator_ 84. Kaiser-i-Hind _Teinopalpus imperialis_ 85. Krishna Peacock _Papilio krishna_ 86. Ladak Banded Apollo _Parnassius stoliczkanus_ 87. Malabar Banded _Papilio liomedon_ Swallowtail 88. Mystical Bhutan _Bhutanitis ludlowi_ Glory 89. Nevill' s Windmill _Byasa nevilli_ 90. Varnished Apollo _Parnassius acco_ 91. Yellow-crested _Papilio elephenor_ Spangle **Family** **Pieridae** 92. Butler's Dwarf _Baltia butleri_ 93. Dwarf Clouded _Colias dubia_ Yellow 94. Green Banded White _Pieris krueperi_ 95. Lemon Clouded _Colias thrasibulus_ Yellow 96. Pale Jezabel _Delias sanaca._ **PART J: ODONATA (DRAGONFLY)** **No.** **Common name** **Scientific name** 1. Himalayan Relict Dragonfly _Epiophlebia laidlawi_ 88 ----- **PART K : CORALS** ## No. Common name Scientific name 1. Black Coral All species of the Order Antipatharia 2. Blue Coral All species from the following Families in the Order Helioporacea: Aulopsammiidae, Helioporidae, and Lithotelestidae 3. False Corals All species of the Order Corallimorpharia 4. Fire Coral All species of the Genus Millepora 5. Organ Pipe Coral _Tubipora musica_ 6. Sea Anemones All species from the following Families in the Order Actiniaria: Actinernidae, Halcuriidae, and Edwardsiidae 7. Sea Pens All species from the following Families in the Order Pennatulacea: Anthoptilidae, Chunellidae, _Echinoptilidae, Funiculinidae, Kophobelemnidae,_ _Protoptilidae, Pse udumbell ulidae, Renillidae,_ _Scleroptilidae, Stachyptilidae, Umbellutidae,_ _Veretiltidae, Balticinidae, Pennatulidae,_ and Virgulariidae 8. Soft Corals All species from the following Families in the Order Alcyonacea:Acanthoaxiidae, Chelidonisididae, _Pa rasphaerascleridae, Nephtheidae, Alcyoniidae,_ _Clavulariidae, Xeniidae, Cornulariidae,_ _Subergorgiidae, Pleaxauridae, Ellisellidae,_ _Melithaeidae, and Briareidae_ 9. Stony Coral All species of the Order Scleractinia 10. Tube-dwelling All species of the following Families of the Anemones Order Penicillaria : Pennatulidae, Anthoptilidae, _Scleroptilidae, Halipteridae, and Protoptilidae_ 11. Tube-dwelling All species of the Order Spirularia Anemones 12. Zoanthids All species of the Order Zooantharia 89 ----- **SCHEDULE II** **(See Sections 9, 11, 12, 38-1, 39, 44, 45, 46, 47, 48, 48A, 49, 50, 51, 54 and 57)** **PART A: MAMMALS** **No. Common Name** **Scientific Name** **ANTELOPE** 1. Nilgai _Boselaphus tragocamelus_ **BADGERS** 2. Burmese/Large toothed Ferret Badger _Melogale personal a_ 3. Chinese/Small-toothed Ferret Badger _Melogale moschata_ **BATS** 4. Durga Das's Leaf-nosed Bat _Hipposideros durgadasi_ 5. Indian Flying Fox _Pteropus giganteus_ 6. Mitred Horseshoe Bat _Rhinolophus mitratus_ 7. Peters's Tubenosed Bat _Harpiola grisea_ 8. Rainforest Tube-nosed Bat _Murina pluvialis_ 9. Sombre Bat _Eptesicus tatei_ **CETACEANS** 10. Cetacean species All species of the Infraorder Cetacea other than those listed in Schedule I **DEER** 11. Spotted Deer/Chital _Axis axis_ **HARES** 12. Desert Hare _Lepus tibetanus_ 13. Indian Hare _Lepus nigricollis_ 14. Woolly Hare _Lepus oiostolus_ **HEDGEHOGS** 15. Bare-bellied Hedgehog _Paraechinus nudiventris_ 16. Indian Hedgehog _Paraechinus micropus_ 90 ----- 17. Indian Long-eared Hedgehog _Hemiechinus collaris_ **OTHER RODENTS** 18. Andaman Rat _Rattus stoicus_ 19. Car Nicobar Rat _Rattus palmarum_ 20. Cutch Rock Rat _Cremnomys cutchicus_ 21. Royle's Mountain Vole _Alticola roylei_ 22. Sahyadris Forest Rat _Rattus satarae_ **PIG** 23. Wild Pig _Sus scrofa_ **PRIMATES** 24. Northern Plains Gray/Hanuman _Semnopithecus entellus_ Langur **SHREWS** 25. Andaman Spiny Shrew _Crocidura hispida_ 26. Assam Mole Shrew _Anourosorex assamensis_ 27. Indian Highland Shrew _Suncus niger_ 28. Jenkin's Shrew _Crocidu ra jenkinsi_ 29. Madras Treeshrew _Anathema ellioti_ 30. Narcondam Shrew _Crocidura narcondamica_ 31. Nicobar Shrew _Crocidura nicobarica_ **SQUIRRELS** 32. Jungle Palm Squirrel _Funambulus tristriatus_ 33. Orange-bellied Himalayan Squirrel _Dremomys lokriah_ **TREE MICE** 34. Spiny Tree Mouse _Platacanthomys lasiurus_ **PART B: BIRDS** 91 ----- **Sl.** **No.** **Common Name** **Scientific Name** **ACCENTORS** 1. Alpine Accentor _Prunella collaris_ 2. Altai Accentor _Prunella himalayana_ 3. Black-throated Accentor _Prunella atrogularis_ 4. Brown Accentor _Prunella fulvescens_ 5. Maroon-backed Accentor _Prunella immaculata_ 6. Robin Accentor _Prunella rubeculoides_ 7. Rufous-breasted Accentor _Prunella strophiata_ **BARBETS** 8. Blue-eared Barbet _Psilopogon duvaucelii_ 9. Blue-throated Barbet _Psilopogon asiaticus_ 10. Brown-headed Barbet _Psilopogon zeylanicus_ 11. Coppersmith Barbet _Psilopogon haemacephalus_ 12. Golden-throated Barbet _Psilopogon franklinii_ 13. Great Barbet _Psilopogon virens_ 14. Lineated Barbet _Psilopogon lineatus_ 15. Malabar Barbet _Psilopogon malabaricus_ 16. White-cheeked Barbet _Psilopogon viridis_ **BARN OWLS** 17. Eastern Grass Owl _Tyto longimembris_ 18. Oriental Bay Owl _Phodilus badius_ 19. Sri Lanka Bay Owl _Phodilus assimilis_ **BEE-EATERS** 20. Blue-bearded Bee-eater _Nyctyornis athertoni_ 21. Blue-cheeked Bee-eater _Merops persicus_ 22. Blue-tailed Bee-eater _Merops philippinus_ 23. Blue-throated Bee-eater _Merops viridis_ 24. Chestnut-headed Bee-eater _Merops leschenaulti_ 25. European Bee-eater _Merops apiaster_ 26. Green Bee-eater _Merops orientalis_ **BITTERNS, HERONS AND EGRETS** 92 ----- 27. Black Bittern _Ixobrychus flavicollis_ 28. Black-crowned Night Heron _Nycticorax nycticorax_ 29. Cattle Egret _Bubulcus ibis_ 30. Chinese Egret _Egretta eulophotes_ 31. Chinese Pond Heron _Ardeola bacchus_ 32. Goliath Heron _Ardea goliath_ 33. Great Bittern _Botaurus stellaris_ 34. Great Egret _Ardea alba_ 35. Grey Heron _Ardea cinerea_ 36. Indian Pond Heron _Ardeola grayii_ 37. Intermediate Egret _Ardea intermedia_ 38. Javan Pond Heron _Ardeola speciosa_ 39. Little Bittern _Ixobrychus minutus_ 40. Little Egret _Egretta garzetta_ 41. Malayan Night Heron _Gorsachius melanolophus_ 42. Pacific Reef Egret _Egretta sacra_ 43. Purple Heron _Ardea purpurea_ 44. Striated Heron _Butorides striata_ 45. Western Reef Egret _Egretta gularis_ 46. Yellow Bittern _Ixobrychus sinensis_ **NORTHERN STORM-PETRELS** 47. Swinhoe's Storm-petrel _Oceanodroma monorhis_ **BROADBILLS** 48. Long-tailed Broadbill _Psarisomus dalhousiae_ 49. Silver-breasted Broadbill _Serilophus lunatus_ **BULBULS** 50. Andaman Bulbul _Brachypodius fuscoflavescens_ 51. Ashy Bulbul _Hemixos flavala_ 52. Black Bulbul _Hypsipetes leucocephalus_ 53. Black-crested Bulbul _Rubigula flaviventris_ 54. Black-headed Bulbul _Brachypodius melanocephalos_ 55. Cachar Bulbul _Iole cacharensis_ 56. Crested Finchbill _Spizixos canifrons_ 57. Flame-throated Bulbul _Rubigula gularis_ 93 ----- 58. Flavescent Bulbul _Pycnonotus flavescens_ 59. Grey-headed Bulbul _Brachypodius priocephalus_ 60. Himalayan Bulbul _Pycnonotus leucogenis_ 61. Mountain Bulbul _Ixos mcclellandii_ 62. Nicobar Bulbul _Ixos nicobariensis_ 63. Red-vented Bulbul _Pycnonotus cafer_ 64. Red-whiskered Bulbul _Pycnonotus jocosus_ 65. Square-tailed Bulbul _Hypsipetes ganeesa_ 66. Striated Bulbul _Alcurus striatus_ 67. White-browed Bulbul _Pycnonotus luteolus_ 68. White-eared Bulbul _Pycnonotus leucotis_ 69. White-throated Bulbul _Alophoixus flaveolus_ 70. Yellow-browed Bulbul _Acritillas indica_ 71. Yellow-throated Bulbul _Pycnonotus xantholaemus_ **BUNTINGS** 72. Black-faced Bunting _Emberiza spodocephala_ 73. Black-headed Bunting _Emberiza melanocephala_ 74. Chestnut Bunting _Emberiza rutila_ 75. Chestnut-eared Bunting _Emberiza fucata_ 76. Crested Bunting _Emberiza lathami_ 77. Eurasian Reed Bunting _Emberiza schoeniclus_ 78. Godlewski's Bunting _Emberiza godlewskii_ 79. Grey-necked Bunting _Emberiza buchanani_ 80. Little Bunting _Emberiza pusilia_ 81. Ortolan Bunting _Emberiza hortulana_ 82. Pine Bunting _Emberiza leucoccphalos_ 83. Red-headed Bunting _Emberiza bruniceps_ 84. Rock Bunting _Emberiza cia_ 85. Rustic Bunting _Emberiza rustica_ 86. Striolated Bunting _Emberiza striolata_ 87. Tristram's Bunting _Emberiza tristrami_ 88. White-capped Bunting _Emberiza steward_ 89. Yellow-browed Bunting _Emberiza chrysophrys_ 90. Yellowhammer _Emberiza citrinella_ **BUTTONQUAILS** 91. Barred Buttonquail _Turnix suscitalor_ 92. Small Buttonquail _Turnix sylvaticus_ 94 ----- 93. Yellow-legged Buttonquail _Turnix tanki_ **CANARY-FLYCATCHERS AND ALLIES** 94. Grey-headed Canary-flycatcher _Culicicapa ceylonensis_ 95. Yellow-bellied Fantail _Chelidorhynx hypoxanthus_ **CETTIA WARBLERS AND ALLIES** 96. Aberrant Bush Warbler _Hororn is flavolivaceus_ 97. Ashy-throated Warbler _Phylloscopus maculipennis_ 98. Asian Stubtail _Urosphena squameiceps_ 99. Black-faced Warbler _Abroscopus schisticeps_ 100. Booted Warbler _Iduna caligata_ 101. Broad-billed Warbler _Tickellia hodgsoni_ 102. Brooks's Leaf Warbler _Phylloscopus subviridis_ 103. Brownish-flanked Bush Warbler _Horornis fortipes_ 104. Buff-barred Warbler _Phylloscopus puleher_ 105. Buff-throated Warbler _Phylloscopus subaffinis_ 106. Cetti's Warbler _Cettia cetti_ 107. Chestnut-crowned Bush Warbler _Cettia major_ 108. Chestnut-headed Tesia _Cettia castaneocoronata_ 109. Chinese Leaf Warbler _Phylloscopus yunnanensis_ 110. Common Chiffchaff _Phylloscopus collybita_ 111. Crested Tit Warbler _Leptopoecile elegans_ 112. Dusky Warbler _Phylloscopus fuscatus_ 113. Green Warbler _Phylloscopus nitidus_ 114. Green-crowned Warbler _Phylloscopus burkii_ 115. Greenish Warbler _Phylloscopus trochiloides_ 116. Grey-bellied Tesia _Tesia cyaniventer_ 117. Grey-cheeked Warbler _Phylloscopus poliogenys_ 118. Grey-crowned Warbler _Phylloscopus tephrocephalus_ 119. Grey-sided Bush Warbler _Cettia brunnifrons_ 120. Hume's Bush Warbler _Horornis brunnescens_ 121. Hume's Warbler _Phylloscopus humei_ 122. Lanceolated Warbler _Locustella lanceolata_ 123. Large-billed Leaf Warbler _Phylloscopus magnirostris_ 124. Lemon-rumped Warbler _Phylloscopus chloronotus_ 125. Manchurian Bush Warbler _Horornis cantunans_ 126. Mountain Chiffchaff _Phylloscopus sindianus_ 127. Mountain Tailorbird _Phyllergates cucullatus_ 95 ----- 128. Pale-footed Bush Warbler _Urosphena pallidipes_ 129. Pale-legged Leaf Warbler _Phylloscopus tenellipes_ 130. Plain Leaf Warbler _Phylloscopus neglectus_ 131. Rufous-faced Warbler _Abroscopus albogularis_ 132. Rusty-rumped Warbler _Helopsaltes certhiola_ 133. Sakhalin Leaf Warbler _Phylloscopus borealoides_ 134. Sichuan Leaf Warbler _Phylloscopus forresti_ 135. Slaty-bellied Tesia _Tesia olivea_ 136. Smoky Warbler _Phylloscopus fuligiventer_ 137. Sulphur-bellied Warbler _Phylloscopus griseolus_ 138. Sykes's Warbler _Iduna rama_ 139. Thick-billed Warbler _Arundinax aedon_ 140. Tickell's Leaf Warbler _Phylloscopus affinis_ 141. Two-barred Warbler _Phylloscopus plumbeitarsus_ 142. Whistler's Warbler _Phylloscopus whistleri_ 143. White-browed Tit Warbler _Leptopoecile sophiae_ 144. White-spectacled Warbler _Phylloscopus intermedius_ 145. Willow Warbler _Phylloscopus trochilus_ 146. Wood Warbler _Phylloscopus sibilatrix_ 147. Yellow-bellied Warbler _Abroscopus superciliaris_ 148. Yellow-browed Warbler _Phylloscopus inornatus_ **CISTICOLAS, PRINIAS, AND ALLIES** 149. Ashy Prinia _Prinia socialis_ 150. Black-throated Prinia _Prinia atrogularis_ 151. Common Tailorbird _Orthotomus sutorius_ 152. Dark-necked Tailorbird _Orthotomus atrogularis_ 153. Golden-headed Cisticola _Cisticola exilis_ 154. Graceful Prinia _Prinia gracilis_ 155. Grey-breasted Prinia _Prinia hodgsonii_ 156. Hill Prinia _Prinia superciliaris_ 157. Jungle Prinia _Prinia sylvatica_ 158. Plain Prinia _Prinia inornata_ 159. Rufescent Prinia _Prinia rufescens_ 160. Striated Prinia _Prinia crinigera_ 161. Yellow-bellied Prinia _Prinia flaviventris_ 162. Zitting Cisticola _Cisticola juncidis_ **CORMORANTS** 96 ----- 163. Great Cormorant _Phalacrocorax car bo_ 164. Indian Cormorant _Phalacrocorax fuscicollis_ 165. Little Cormorant _Microcarbo niger_ **COURSERS AND PRATINCOLES** 166. Collared Pratincole _Glareola pratincola_ 167. Cream-coloured Courser _Cursorius cursor_ 168. Oriental Pratincole _Glareola maldivarum_ 169. Small Pratincole _Glareola lactea_ **CRAB-PLOVER** 170. Crab-plover _Dromas ardeola_ **CROWS AND ALLIES** 171. Black-headed Jay _Garrutus lanceolatus_ 172. Carrion Crow _Corvus corone_ 173. Collared Treepie _Dendrocitta frontalis_ 174. Common Green Magpie _Cissa chinensis_ 175. Common Raven _Corvus corax_ 176. Eurasian Jackdaw _Corvus monedula_ 177. Eurasian Jay _Garrulus glandarius_ 178. Eurasian Magpie _Pica pica_ 179. Grey Treepie _Dendrocitta formosae_ 180. Hooded Crow _Corvus comix_ 181. Large-billed Crow _Corvus macrorhynchos_ 182. Large-spotted Nutcracker _Nucifraga multipunctata_ 183. Pied Crow _Corvus albus_ 184. Red-billed Blue Magpie _Urocissa erythroryncha_ 185. Red-billed Chough _Pyrrhocorax pyrrhocorax_ 186: Rook _Corvus frugilegus_ 187. Rufous Treepie _Dendrocitta vagabunda_ 188. Spotted Nutcracker _Nucifraga caryocatactes_ 189. White-bellied Treepie _Dendrocitta leucogastra_ 190. Yellow-billed Blue Magpie _Urocissa flavirostris_ 191. Yellow-billed Chough _Pyrrhocorax graculus_ **CUCKOOS** 97 ----- 192. Andaman Coucal _Centropus andamanensis_ 193. Asian Emerald Cuckoo _Chrysococcyx maculatus_ 194. Asian Koel _Eudynamys scolopaceus_ 195. Banded Bay Cuckoo _Cacomantis sonneratii_ 196. Blue-faced Malkoha _Phaenicophaeus viridirostris_ 197. Chestnut-winged Cuckoo _Clamator coromandus_ 198. Common Cuckoo _Cuculus canorus_ 199. Common Hawk Cuckoo _Hierococcyx varius_ 200. Fork-tailed Drongo Cuckoo _Surniculus dicruroides_ 201. Greater Coucal _Centropus sinensis_ 202. Green-billed Malkoha _Phaenicophaeus tristis_ 203. Grey-bellied Cuckob _Cacomantis passerinus_ 204. Hodgson's Hawk Cuckoo _Hierococcyx nisicolor_ 205. Horsfield's Bronze Cuckoo _Chrysococcyx basalis_ 206. Indian Cuckoo _Cuculus micropterus_ 207. Large Hawk Cuckoo _Hierococcyx sparverioides_ 208. Lesser Coucal _Centropus bengalensis_ 209. Lesser Cuckoo _Cuculus poliocephalus_ 210. Oriental Cuckoo _Cuculus optatus_ 211. Pied Cuckoo _Clamator jacobinus_ 212. Plaintive Cuckoo _Cacomantis merulinus_ 213. Sirkeer Malkoha _Taccocua leschenaultii_ 214. Square-tailed Drongo Cuckoo _Surniculus lugubris_ 215. Violet Cuckoo _Chrysococcyx xanthorhynchus_ **DARTERS** 216. Oriental Darter _Anhinga melanogaster_ **DIPPERS** 217. Brown Dipper _Cinclus pallasii_ 218. White-throated Dipper _Cinclus cinclus_ **DIVERS** 219. Black-throated Diver _Gavia arctica_ 220. Red-throated Diver _Gavia stellata_ **DRONGOS** 98 ----- 221. Andaman Drongo _Dicrurus andamanensis_ 222. Ashy Drongo _Dicrurus leucophaeus_ 223. Black Drongo _Dicrurus macrocercus_ 224. Bronzed Drongo _Dicrurus aeneus_ 225. Crow-billed Drongo _Dicrurus annectens_ 226. Greater Racket-tailed Drongo _Dicrurus paradiseus_ 227. Hair-crested Drongo _Dicrurus hottentottus_ 228. Lesser Racket-tailed Drongo _Dicrurus retnifer_ 229. White-bellied Drongo _Dicrurus caerulescens_ **DUCKS, GEESE, AND SWANS** 230. Baikal Teal _Sibirionetta formosa_ 231. Bar-headed Goose _Anser indicus_ 232. Bean Goose _Anser fabcdis_ 233. Common Goldeneye _Bucephala clangula_ 234. Common Merganser _Mergus merganser_ 235. Common Shelduck _Tadorna tadorna_ 236. Common Teal _Anas crecca_ 237. Eastern Spot-billed Duck _Anas zonorhyncha_ 238. Eurasian Wigeon _Mareca penelope_ 239. Falcated Duck _Mareca falcata_ 240. Ferruginous Duck _Aythya nyroca_ 241. Gadwall _Mareca strepera_ 242. Garganey _Spatula querquedula_ 243. Greater Scaup _Aythya marila_ 244. Greater White-fronted Goose _Anser albifrons_ 245. Greylag Goose _Anser anser_ 246. Indian Spot-billed Duck _Anas poecilorhyncha_ 247. Knob-billed Duck _Sarkidiornis melanotos_ 248. Lesser Whistling Duck _Dendrocygna javanica_ 249. Lesser White-fronted Goose _Anser erythropus_ 250. Long tailed Duck _Clangula hyemalis_ 251. Mallard _Anas platyrhynchos_ 252. Mandarin Duck _Aix galericulata_ 253. Mute Swan _Cygnus olor_ 254. Northern Pintail _Anas acuta_ 255. Northern Shoveler _Spatula clypeata_ 256. Red-breasted Goose _Branta ruficollis_ 257. Red-breasted Merganser _Mergus senator_ 258. Red-crested Pochard _Netta rufina_ 99 ----- 259. Ruddy Shelduck _Tadorn a ferruginea_ 260. Smew _Mergellus albellus_ 261. Tufted Duck _Aythyafuligula_ 262. Tundra Swan _Cygnus columbianus_ 263. Whooper Swan _Cygnus cygnus_ **ELACHURA** 264. Spotted Elachura _Elachura formosa_ **FAIRY-BLUEBIRDS** 265. Asian Fairy-bluebird _Irena pueila_ **FALCONS** 266. Collared Falconet _Microhierax caerulescens_ 267. Common Kestrel _Falco tinnunculus_ 268. Eurasian Hobby _Falco subbuteo_ 269. Lesser Kestrel _Falco naumanni_ 270. Merlin _Falco columbarius_ 271. Oriental Hobby _Falco severus_ 272. Pied Falconet _Microhierax melanoleucos_ 273. Red-footed Falcon _Falco vespertinus_ **FANTAILS** 274. Spot-breasted Fantail _Rhipidura albogularis_ 275. White-browed Fantail _Rhipidura aureola_ 276. White-throated Fantail _Rhipidura albicollis_ **FINCHES** 277. Black-and-yellow Grosbeak _Mycerobas icterioides_ 278. Black-headed Greenfinch _Chloris ambigua_ 279. Blanford's Rosefinch _Agraphospiza rubescens_ 280. Blyth's Rosefinch _Carpodacus grandis_ 281. Brambling _Fringilla montifringilla_ 282. Brandt's Mountain Finch Leucosticte brandti 283. Brown Bullfinch _Pyrrhula nipalensis_ 284. Chinese White-browed Rosefinch _Carpodacus dubius_ 285. Collared Grosbeak _Mycerobas affinis_ 100 ----- 286. Common Chaffinch _Fringilla coelebs_ 287. Common Linnet _Linaria cannabina_ 288. Common Rosefinch _Carpodacus erythrinus_ 289. Crimson-browed Finch _Carpodacus subhimachalus_ 290. Crimson-winged Finch _Rhodopechys sanguineus_ 291. Dark-breasted Rosefinch _Procarduelis nipalensis_ 292. Dark-rumped Rosefinch _Carpodacus edwardsii_ 293. Desert Finch _Rhodospiza obsoleta_ 294. Eurasian Siskin _Spinus spinus_ 295. European Goldfinch _Carduelis carduelis_ 296. Fire-fronted Serin _Serinus pusillus_ 297. Gold-naped Finch _Pyrrhoplectes epauletta_ 298. Great Rosefinch _Carpodacus rubicilla_ 299. Grey-headed Bullfinch _Pyrrhula erythaca_ 300. Hawfinch _Coccothraustes coccothraustes_ 301. Himalayan Beautiful Rosefinch _Carpodacus pulcherrimus_ 302. Himalayan White-browed Rosefmch _Carpodacus thura_ 303. Mongolian Finch _Bucanetes mongolicus_ 304. Orange Bullfinch _Pyrrhula aurantiaca_ 305. Pale Rockfinch _Carpospiza brachydactyla_ 306. Pale Rosefinch _Carpodacus stoliczkae_ 307. Pink-browed Rosefinch _Carpodacus rodochroa_ 308. Pink-rumped Rosefinch _Carpodacus waltoni_ 309. Plain Mountain Finch _Leucosticte nemoricola_ 310. Red Crossbill _Loxia curvirostra_ 311. Red-fronted Rosefinch _Carpodacus puniceus_ 312. Red-headed Bullfinch _Pyrrhula erythrocephala_ 313. Scarlet Finch _Carpodacus sipahi_ 314. Sillem's Rosefinch _Carpodacus sillemi_ 315. Spectacled Finch _Callacanthis burtoni_ 316. Spot-winged Grosbeak _Mycerobas melanozanthos_ 317. Spot-winged Rosefinch _Carpodacus rodopeplus_ 318. Streaked Rosefinch _Carpodacus rubicilloides_ 319. Three-banded Rosefinch _Carpodacus trifasciatus_ 320. Tibetan Siskin _Spinus thibetanus_ 321. Trumpeter Finch _Bucanetes githagineus_ 322. Twite _Linaria flavirostris_ 323. Vinaceous Rosefinch _Carpodacus vinaceus_ 324. White-winged Grosbeak _Mycerobas carnipes_ 325. Yellow-breasted Greenfinch _Chtoris spinoides_ 101 ----- **FLAMINGOS** 326. Greater Flamingo _Phoenicopterus roseus_ 327. Lesser Flamingo _Phoeniconaias minor_ **FLOWERPECKERS** 328. Andaman Flowerpecker _Dicaeum virescens_ 329. Fire-breasted Flowerpecker _Dicaeum ignipectus_ 330. Nilgiri Flowerpecker _Dicaeum concolor_ 331. Pale-billed Flowerpecker _Dicaeum erythrorhynchos_ 332. Plain Flowerpecker _Dicaeum minullum_ 333. Scarlet-backed Flowerpecker _Dicaeum cruentatum_ 334. Thick-billed Flowerpecker _Dicaeum agile_ 335. Yellow-bellied Flowerpecker _Dicaeum melanozanthum_ 336. Yellow-vented Flowerpecker _Dicaeum chrysorrheum_ **FLYCATCHERS, CHATS AND ALLIES** 337. Andaman Shama _Copsychus albiventris_ 338. Asian Brown Flycatcher _Muscicapa dauurica_ 339. Black Redstart _Phoenicurus ochruros_ 340. Black-and-orange Flycatcher _Ficedula nigrorufa_ 341. Black-backed Forktail _Enicurus immaculatus_ 342. Blue Rock Thrush _Monticola solitarius_ 343. Blue Whistling Thrush _Myophonus caeruleus_ 344. Blue-and-white Flycatcher _Cyanoptila cyanomelana_ 345. Blue-capped Redstart _Phoenicurus coeruleocephala_ 346. Blue-capped Rock Thrush _Monticola cinclorhyncha_ 347. Blue-fronted Redstart _Phoenicu rus frontalis_ 348. Blue-fronted Robin _Cinclidiumfrontale_ 349. Bluethroat _Luscinia svecica_ 350. Blue-throated Flycatcher _Cyornis rubeculoides_ 351. Brown Rock Chat _Oenanthe fusea_ 352. Brown-breasted Flycatcher _Muscicapa muttui_ 353. Chestnut-bellied Rock Thrush _Monticola rufiventris_ 354. Common Redstart _Phoenicurus phoenicurus_ 355. Dark-sided Flycatcher _Muscicapa sibirica_ 356. Daurian Redstart _Phoenicurus auroreus_ 357. Desert Wheatear _Oenanthe deserti_ 358. Eversmann's Redstart _Phoenicurus erythronotus_ 102 ----- 359. Ferruginous Flycatcher _Muscicapa ferruginea_ 360. Finsch's Wheatear _Oenanthe finschii_ 361. Firethroat _Calliope pectardens_ 362. Golden Bush Robin _Tarsiger chrysaeus_ 363. Gould's Shortwing _Heteroxenicus stellatus_ 364. Grey Bushchat _Saxicola ferreus_ 365. Hill Blue Flycatcher _Cyornis banyumas_ 366. Himalayan Bush Robin _Tarsiger rufilatus_ 367. Himalayan Rubythroat _Calliope pectoralis_ 368. Himalayan Shortwing _Brachypteryx cruralis_ 369. Hodgson's Redstart _Phoenicurus hodgsoni_ 370. Hume's Wheatear _Oenanthe albonigra_ 371. Indian Blue Robin _Larvivora brunnea_ 372. Indian Robin _Copsychus fulicatus_ 373. Isabelline Wheatear _Oenanthe isabellina_ 374. Jerdon's Bushchat _Saxicola jerdoni_ 375. Large Niltava _Niltava grandis_ 376. Lesser Shortwing _Brachypteryx leucophris_ 377. Little Forktail _Enicurus scouleri_ 378. Little Pied Flycatcher _Ficedula westermanni_ 379. Malabar Whistling Thrush _Myophonus horsfieldii_ 380. Mugimaki Flycatcher _Ficedula mugimaki_ 381. Nicobar Jungle Flycatcher _Cyornis nicobaricus_ 382. Nilgiri Flycatcher _Eumyias albicaudatus_ 383. Northern Wheatear _Oenanthe oenanthe_ 384. Oriental Magpie Robin _Copsychus saularis_ 385. Pale Blue Flycatcher _Cyornis unicolor_ 386. Pale-chinned Flycatcher _Cyornis poliogenys_ 387. Pied Bushchat _Saxicola caprata_ 388. Pied Wheatear _Oenanthe pleschanka_ 389. Plumbeous Water Redstart _Phoenicurus fuliginosus_ 390. Pygmy Blue Flycatcher _Ficedula hodgsoni_ 391. Red-breasted Flycatcher _Ficedula parva_ 392. Red-flanked Bush Robin _Tarsiger cyanurus_ 393. Red-tailed Wheatear _Oenanthe chrysopygia_ 394. Rufous-bellied Niltava _Niltava sundara_ 395. Rufous-breasted Bush Robin _Tarsiger hyperythrus_ 396. Rufous-gorgeted Flycatcher _Ficedula strophiata_ 397. Rufous-tailed Rock Thrush _Monticola saxatilis_ 398. Rufous-tailed Scrub Robin _Cercotrichas galactotes_ 399. Rusty-bellied Shortwing _Brachypteryx hyperythra_ 400. Rusty-tailed Flycatcher _Ficedula ruficauda_ 103 ----- 401. Sapphire Flycatcher _Ficedula sapphira_ 402. Siberian Blue Robin _Larvivora cyane_ 403. Siberian Rubythroat _Calliope calliope_ 404. Siberian Stonechat _Saxicola maurus_ 405. Slaty-backed Flycatcher _Ficedula erithacus_ 406. Slaty-backed Forktail _Enicurus schistaceus_ 407. Slaty-blue Flycatcher _Ficedula tricolor_ 408. Small Niltava _Niltava macgrigoriae_ 409. Snowy-browed Flycatcher _Ficedula hyperythra_ 410. Spotted Flycatcher _Muscicapa striata_ 411. Spotted Forktail _Enicurus maculatus_ 412. Stoliczka's Bushchat _Saxicola macrorhynchus_ 413. Taiga Flycatcher _Ficedula albicilla_ 414. Tickell's Blue Flycatcher _Cyornis tickelliae_ 415. Ultramarine Flycatcher _Ficedula superciliaris_ 416. Variable Wheatear _Oenanthe picata_ 417. Verditer Flycatcher _Eumyias thalassinus_ 418. Vivid Niltava _Niltava vivida_ 419. White-bellied Blue Flycatcher _Cyornis pallidipes_ 420. White-bellied Redstart _Luscinia phaenicuroides_ 421. White-browed Bush Robin _Tarsiger indicus_ 422. White-capped Redstart _Phoenicurus leucocephalus_ 423. White-crowned Forktail _Enicurus leschenaulti_ 424. White-gorgeted Flycatcher _Anthipes monileger_ 425. White-rumped Shama _Copsychus malabaricus_ 426. White-tailed Blue Flycatcher _Cyornis concretus_ 427. White-tailed Robin _Myiomela leucura_ 428. White-tailed Stonechat _Saxicola leucurus_ 429. White-throated Redstart _Phoenicurus schisticeps_ 430. White-winged Redstart _Phoenicurus erythrogastrus_ 431. Yellow-rumped Flycatcher _Ficedula zanthopygia_ 432. Zappey's Flycatcher _Cyanoptila cumatilis_ **FRIGATEBIRDS** 433. Great Frigatebird _Fregata minor_ 434. Lesser Frigatebird _Fregata ariel_ **GANNETS AND BOOBIES** 104 ----- 435. Brown Booby _Sula leucogaster_ 436. Masked Booby _Sula dactylatra_ 437. Red-footed Booby _Sula sula_ **GOLDCRESTS** 438. Goldcrest _Regulus regulus_ **GREBES** 439. Black-necked Grebe _Podiceps nigricollis_ 440. Great Crested Gyebe _Podiceps cristatus_ 441. Horned Grebe _Podiceps auritus_ 442. Little Grebe _Tachybaptus ruficollis_ 443. Red-necked Grebe _Podiceps grisegena_ **GULLS AND TERNS** 444. Arctic Tern _Sterna paradisaea_ 445. Black Noddy _Anous minutus_ 446. Black Tern _Chlidonias niger_ 447. Black-headed Gull _Chroicocephalus ridibundus_ 448. Black-legged Kittiwake _Rissa tridactyla_ 449. Black-naped Tern _Sterna sumatrana_ 450. Bridled Tern _Onychoprion anaethetus_ 451. Brown Noddy _Anous stolidus_ 452. Brown-headed Gull _Chroicocephalus brunnicephalus_ 453. Caspian Gull _Larus cachinnans_ 454. Caspian Tern _Hydroprogne caspia_ 455. Common Tern _Sterna hirundo_ 456. Franklin's Gull _Leucophaeus pipixcan_ 457. Greater Crested Tern _Thalasseus bergii_ 458. Lesser Black-backed Gull _Larus fuscus_ 459. Lesser Crested Tern _Thalasseus bengalensis_ 460. Lesser Noddy _Anous tenuirostris_ 461. Little Gull _Hydrocoloeus minutus_ 462. Little Tern _Sternula albifrons_ 463. Mew Gull _Larus canus_ 464. Mongolian Gull _Larus smithsonianus mongolicus_ 465. Pallas's Gull _Ichthyaetus ichthyaetus_ 466. Roseate Tern _Sterna dougallii_ 105 ----- 467. Sabine's Gull _Xema sabini_ 468. Sandwich Tern _Thalasseus sandvicensis_ 469. Saunders's Tern _Sternula saundersi_ 470. Slender-billed Gull _Chroicocephalus genei_ 471. Sooty Gull _Ichthyaetus hemprichii_ 472. Sooty Tern _Onychoprionfuscatus_ 473. Whiskered Tern _Chlidonias hybrida_ 474. White Tern _Gygis alba_ 475. White-cheeked Tern _Sterna repressa_ 476. White-eyed Gull _Ichthyaetus leucophthalmus_ 477. White-winged Tern _Chlidonias leucopterus_ **HONEYGUIDES** 478. Yellow-rumped Honeyguide _Indicator xanthonotus_ **HOOPOES** 479. Common Hoopoe _Upupa epops_ **HORNBILLS** 480. Indian Grey Hornbill _Ocyceros birostris_ **HYPOCOLIUS** 481. Grey Hypocolius _Hypocolius ampelinus_ **IBISES AND SPOONBILLS** 482. Black-headed Ibis _Threskiornis melanocephalus_ 483. Glossy Ibis _Plegadis falcinellus_ 484. Red-naped Ibis _Pseudibis papillosa_ **IORAS** 485. Common Iora _Aegithina tiphia_ 456. Marshall's Iora _Aegithina nigrolutea_ **JACANAS** 487. Bronze winged Jacana _Metopidius indicus_ 106 ----- 488. Pheasant-tailed Jacana _Hydrophasianus chirurgus_ **KINGFISHERS** 489. Black-capped Kingfisher _Halcyon pileata_ 490. Blue-eared Kingfisher _Alcedo meninting_ 491. Brown-winged Kingfisher _Pelargopsis amauroptera_ 492. Collared Kingfisher _Todiramphus chloris_ 493. Common Kingfisher _Alcedo atthis_ 494. Crested Kingfisher _Megaceryle lugubris_ 495. Oriental Dwarf Kingfisher _Ceyx erithaca_ 496. Pied Kingfisher _Ceryle rudis_ 497. Ruddy Kingfisher _Halcyon coromanda_ 498. Stork-billed Kingfisher _Pelargopsis capensis_ 499. White-throated Kingfisher _Halcyon smymensis_ **KITES, HAWKS AND EAGLES** 500. Black Kite _Milvus migrans_ 501. Black-winged Kite _Elanus caeruleus_ 502. European Honey Buzzard _Pernis apivorus_ 503. Legge's Hawk Eagle _Nisaetus kelaarti_ 504. Oriental Honey Buzzard _Pernis ptilorhynchus_ 505. Rough-legged Buzzard _Buteo lagopus_ **LARKS** 506. Ashy-crowned Sparrow Lark _Eremopterix griseus_ 507. Bengal Bushlark _Mirafra assamica_ 508. Bimaculated Lark _Melanocorypha bimaculata_ 509. Black-crowned Sparrow Lark _Eremopterix nigriceps_ 510. Crested Lark _Galerida cristata_ 511. Desert Lark _Ammomanes deserti_ 512. Eurasian Skylark _Alauda arvensis_ 513. Greater Hoopoe Lark _Alaemon alaudipes_ 514. Greater Short-toed Lark _Calandrella brachydactyla_ 515. Horned Lark _Eremophila alpestris_ 516. Hume's Short-toed Lark _Calandrella acutirostris_ 517. Indian Bushlark _Mirafra erythroptera_ 518. Jerdon's Bushlark _Mirafra affinis_ 519. Lesser Short-toed Lark _Alaudala rufescens_ 107 ----- 520. Malabar Lark _Galerida malabarica_ 521. Oriental Skylark _Alauda gulgula_ 522. Rufous-tailed Lark _Ammomanes phoenicura_ 523. Sand Lark _Alaudala raytal_ 524. Singing Bushlark _Mirafra cantillans_ 525. Sykes's Lark _Galerida deva_ 526. Sykes's Short-toed Lark _Calandrella dukhunensis_ 527. Tibetan Lark _Melanocorypha maxima_ **LAUGHINGTHRUSHES AND LARGE BABBLERS** 528. Assam Laughingthfush _Trochalopteron chrysopterum_ 529. Beautiful Sibia _Heterophasia pulchella_ 530. Bhutan Laughingthrush _Trochalopteron imbricatum_ 531. Black-faced Laughingthrush _Trochalopteron affine_ 532. Blue-winged Laughingthrush _Trochalopteron squamatum_ 533. Blue-winged Minla _Actinodura cyanouroptera_ 534. Brown-cheeked Fulvetta _Alcippe poioicephala_ 535. Chestnut-crowned Laughingthrush _Trochalopteron erythroeephalum_ 536. Chestnut-tailed Minla _Actinodura strigula_ 537. Common Babbler _Argya caudata_ 538. Elliot's Laughingthrush _Trochalopteron elliotii_ 539. Greater Necklaced Laughingthrush _Pterorhinus pectoralis_ 540. Grey Sibia _Heterophasia gracilis_ 541. Himalayan Cutia _Cutia nipalensis_ 542. Hoary-throated Barwing _Actinodura nipalensis_ 543. Jungle Babbler _Argya striata_ 544. Large Grey Babbler _Argya malcolmi_ 545. Lesser Necklaced Laughingthrush _Garrulax monileger_ 546. Long-tailed Sibia _Heterophasia picaoides_ 547. Mount Victoria Babax _Pterorhinus woodi_ 548. Nepal Fulvetta _Alcippe nipalensis_ 549. Palani Laughingthrush _Montecincla fairbanki_ 550. Red-billed Leiothrix _Leiothrix lutea_ 551. Red-faced Liocichla _Liocichla phoenicea_ 552. Red-tailed Minla _Minla ignotincta_ 553. Rufous Babbler _Argya subrufa_ 554. Rufous Sibia _Heterophasia capistrata_ 555. Rufous-backed Sibia _Leioptila annectens_ 556. Rufous-chinned Laughingthrush _Ianthocincla rufogularis_ 557. Rufous-necked Laughingthrush _Pterorhinus ruficollis_ 108 ----- 558. Rufous-vented Laughingthrush _Pterorhinus gularis_ 559. Rusty-fronted Barwing _Actinodura egertoni_ 560. Scaly Laughingthrush _Trochalopteron subunicolor_ 561. Silver-eared Mesia _Leiothrix argentauris_ 562. Spot-breasted Laughingthrush _Garrulax merulinus_ 563. Spotted Laughingthrush _Ianthocincla ocellata_ 564. Streaked Laughingthrush _Trochalopteron lineatum_ 565. Streak-throated Barwing _Actinodura waldeni_ 566. Striated Babbler _Argya earlei_ 567. Striated Laughingthrush _Grammatoptila striata_ 568. Striped Laughingthrush _Trochalopteron virgatum_ 569. Variegated Laughingthrush _Trochalopteron variegatum_ 570. Wayanad Laughingthrush _Pterorhinus delesserti_ 571. White-browed Laughingthrush _Pterorhinus sannio_ 572. White-crested Laughingthrush _Garrulax leucolophus_ 573. White-throated Laughingthrush _Pterorhinus albogularis_ 574. Yellow-billed Babbler _Argya affinis_ 575. Yellow-throated Laughingthrush _Pterorhinus galbanus_ **LEAF WARBLERS** 576. Arctic Warbler _Phylloscopus borealis_ 577. Blyth's Leaf Warbler _Phylloscopus reguloides_ 578. Chestnut-crowned Warbler _Phylloscopus castaniceps_ 579. Claudia's Leaf Warbler _Phylloscopus claudiae_ 580. Grey-hooded Warbler _Phylloscopus xanthoschistos_ 581. Tytler's Leaf Warbler _Phylloscopus tytleri_ 582. Western Crowned Warbler _Phylloscopus occipitalis_ 583. Yellow-vented Warbler _Phylloscopus cantator_ **LEAFBIRDS** 584. Blue-winged Leafbird _Chloropsis cochinchinensis_ 585. Golden-fronted Leafbird _Chloropsis aurifrons_ 586. Jerdon's Leafbird _Chloropsis jerdoni_ 587. Orange-bellied Leafbird _Chloropsis hardwickii_ **LOCUSTELLA WARBLERS AND ALLIES** 588. Baikal Bush Warbler _Locustella davidi_ 589. Brown Bush Warbler _Locustella luteoventris_ 109 ----- 590. Chinese Bush Warbler _Locustella tacsanowskia_ 591. Grasshopper Warbler _Locustella naevia_ 592. Long-billed Bush Warbler _Locustella major_ 593. Russet Bush Warbler _Locustella mandelli_ 594. Spotted Bush Warbler _Locustella thoracica_ 595. Striated Grassbird _Megalurus palustris_ **LONG-TAILED TITS** 596. Black-browed Tit _Aegithalos iouschistos_ 597. Black-throated Tit _Aegithalos concinnus_ 598. White-cheeked Ti$ _Aegithalos leucogenys_ 599. White-throated Tit _Aegithalos niveogularis_ **MINIVETS AND CUCKOOSHRIKES** 600. Andaman Cuckooshrike _Coracina dobsoni_ 601. Ashy Minivet _Pericrocotus divaricatus_ 602. Black-headed Cuckooshrike _Lalage melanoptera_ 603. Black-winged Cuckooshrike _Lalage melaschistos_ 604. Grey-chinned Minivet _Pericrocotus Solaris_ 605. Large Cuckooshrike _Coracina macei_ 606. Long-tailed Minivet _Pericrocotus ethologus_ 607. Orange Minivet _Pericrocotus flammeus_ 608. Pied Triller _Lalage nigra_ 609. Rosy Minivet _Pericrocotus roseus_ 610 Scarlet Minivet _Pericrocotus speciosus_ 611. Short-billed Minivet _Pericrocotus brevirostris_ 612. Swinhoe's Minivet _Pericrocotus cantonensis_ 613. White-bellied Minivet _Pericrocotus erythropygius_ **MONARCHS** 614. Amur Paradise-flycatcher _Terpsiphone incei_ 615. Black-naped Monarch _Hypothymis azurea_ 616. Blyth's Paradise-flycatcher _Terpsiphone affinis_ 617. Indian Paradise-flycatcher _Terpsiphone paradisi_ **MUNIAS** 618. Black-throated Munia _Lonchura kelaarti_ 110 ----- 619. Chestnut Munia _Lonchura atricapilla_ 620. Indian Silverbill _Euodice malabarica_ 621. Red Munia _Amandava amandava_ 622. Scaly-breasted Munia _Lonchura punctulata_ 623. Tricoloured Munia _Lonchura malacca_ 624. White-rumped Munia _Lonchura striata_ **NIGHTJARS** 625. Andaman Nightjar _Caprimulgus andamanicus_ 626. European Nightjar _Caprimulgus europaeus_ 627. Great Eared Nightjar _Lyncornis macrotis_ 628. Grey Nightjar _Caprimulgus jotaka_ 629. Indian Nightjar _Caprimulgus asiaticus_ 630. Jerdon's Nightjar _Caprimulgus atripennis_ 631. Jungle Nightjar _Caprimulgus indicus_ 632. Large-tailed Nightjar _Caprimulgus macrurus_ 633. Savanna Nightjar _Caprimulgus affinis_ 634. Sykes's Nightjar _Caprimulgus mahrattensis_ **NUTHATCHES** 635. Chestnut-bellied Nuthatch _Sitta cinnamoventris_ 636. Chestnut-vented Nuthatch _Sitta nagaensis_ 637. Indian Nuthatch _Sitta castanea_ 638. Kashmir Nuthatch _Sitta cashmirensis_ 639. Velvet-fronted Nuthatch _Sitta frontalis_ 640. White-cheeked Nuthatch _Sitta leucopsis_ 641. White-tailed Nuthatch _Sitta himalayensis_ 642. Yunnan Nuthatch _Sitta yunnanensis_ **ORIOLES** 643. Black-hooded Oriole _Oriolus xanthornus_ 644. Black-naped Oriole _Oriolus chinensis_ 645. Eurasian Golden Oriole _Oriolus oriolus_ 646. Indian Golden Oriole _Oriolus kundoo_ 647. Maroon Oriole _Oriolus traillii_ 648. Slender-billed Oriole _Oriolus tenuirostris_ **OWLS** 111 ----- 649. Andaman Hawk Owl _Ninox affinis_ 650. Andaman Scops Owl _Otus balli_ 651. Asian Barred Owlet _Glaucidium cuculoides_ 652. Boreal Owl _Aegolius funereus_ 653. Brown Hawk Owl _Ninox scutulata_ 654. Collared Owlet _Taenioptynx brodiei_ 655. Collared Scops Owl _Otus lettia_ 656. Dusky Eagle Owl _Bubo coromandus_ 657. Eurasian Scops Owl _Otus scops_ 658. Himalayan Owl _Strix nivicolum_ 659. Hume's Hawk Owl _Ninox obscura_ 660. Indian Scops Owl _Otus bakkamoena_ 661. Jungle Owlet _Glaucidium radiatum_ 662. Little Owl _Athene noctua_ 663. Mountain Scops Owl _Otus spilocephalus_ 664. Nicobar Scops Owl _Otus alius_ 665. Oriental Scops Owl _Otus sunia_ 666. Pallid Scops Owl _Otus brucei_ 667. Spotted Owlet _Athene brama_ 668. Tawny Owl _Strix aluco_ **OYSTERCATCHERS** 669. Eurasian Oystercatcher _Haematopus ostralegus_ **PAINTED-SNIPES** 670. Greater Painted-snipe _Rostratula benghalensis_ **PARROTBILLS AND ALLIES** 671. Black-throated Parrotbill _Suthora nipalensis_ 672. Brown Parrotbill _Cholornis unicolor_ 673. Brown-throated Fulvetta _Fulvetta ludlowi_ 674. Fire-tailed Myzornis _Myzornis pyrrhoura_ 675. Fulvous Parrotbill _Suthora fulvifrons_ 676. Golden-breasted Fulvetta _Lioparus chrysotis_ 677. Great Parrotbill _Conostoma demodium_ 678. Grey-headed Parrotbill _Psittiparus gularis_ 679. Lesser Rufous-headed Parrotbill _Chleuasicus atrosuperciliaris_ 112 ----- 680. Manipur Fulvetta _Fulvetta manipurensis_ 681. Rufous-headed Parrotbill _Psittiparus bakeri_ 682. Spot-breasted Parrotbill _Paradoxornis guttaticollis_ 683. White-breasted Parrotbill _Psittiparus ruficeps_ 684. White-browed Fulvetta _Fulvetta vinipectus_ 685. Yellow-eyed Babbler _Chrysomma sinense_ **PARROTS** 686. Alexandrine Parakeet _Psittacula eupatria_ 687. Blossom-headed Parakeet _Psittacula roseata_ 688. Grey-headed Parakeet _Psittacula finschii_ 689. Long-tailed Parakeet _Psittacula longicauda_ 690. Malabar Parakeet _Psittacula columboides_ 691. Nicobar Parakeet _Psittacula caniceps_ 692. Plum-headed Parakeet _Psittacula cyanocephala_ 693. Rose-ringed Parakeet _Psittacula krameri_ 694. Slaty-headed Parakeet _Psittacula himalayana_ 695. Vernal Hanging Parrot _Loriculus vernalis_ **PARTRIDGES, QUAILS, AND PHEASANTS** 696. Black Francolin _Francolinus francolinus_ 697. Blue-breasted Quail _Synoicus chinensis_ 698. Chinese Francolin _Francolinus pintadeanus_ 699. Chukar Partridge _Alectoris chukar_ 700. Common Quail _Coturnix coturnix_ 701. Grey Francolin _Francolinus pondicerianus_ 702. Hill Partridge _Arborophila torqueola_ 703. Himalayan Snowcock _Tetraogallus himalayensis_ 704. Japanese Quail _Coturnix_ _japonica (excluding_ birds of the farm bred variety) 705. Jungle Bush Quail _Perdicula asiatica_ 706. Koklass Pheasant _Pucrasia macrolopha_ 707. Painted Bush Quail _Perdicula erythrorhyncha_ 708. Painted Francolin _Francolinus pictus_ 709. Painted Spurfowl _Galloperdix lunulata_ 710. Rain Quail _Coturnix coromandelica_ 711. Red Junglefowl _Gallus gallus_ 712. Red Spurfowl _Galloperdix spadicea_ 713. Rock Bush Quail _Perdicula argoondah_ 113 ----- 714. Rufous-throated Partridge _Arborophila rufogularis_ 715. Snow Partridge _Lerwa lerwa_ 716. White-cheeked Partridge _Arborophila atrogularis_ **PELICANS** 717. Dalmatian Pelican _Pelecanus crispus_ 718. Great White Pelican _Pelecanus onocrotalus_ 719. Spot-billed Pelican _Pelecanus philippensis_ **PENDULINE TITS** 720. White-crowned Penduline Tit _Remiz coronatus_ **PETRELS AND SHEARWATERS** 721. Barau's Petrel _Pterodroma baraui_ 722. Cory's Shearwater _Calonectris borealis_ 723. Flesh-footed Shearwater _Ardenna carneipes_ 724. Jouanin's Petrel _Bulweriafallax_ 725. Persian Shearwater _Puffinus persicus_ 726. Short-tailed Shearwater _Ardenna tenuirostris_ 727. Streaked Shearwater _Calonectris leucomelas_ 728. Tropical Shearwater _Puffinus bailloni_ 729. Wedge-tailed Shearwater _Ardenna pacifica_ **PIGEONS AND DOVES** 730. Andaman Cuckoo Dove _Macropygia rufipennis_ 731. Andaman Wood Pigeon _Columba palumboides_ 732. Ashy Wood Pigeon _Columba pulchricollis_ 733. Ashy-headed Green Pigeon _Treron phayrei_ 734. Asian Emerald Dove _Chalcophaps indica_ 735. Barred Cuckoo Dove _Macropygia unchall_ 736. Common Wood Pigeon _Columba palumbus_ 737. Eurasian Collared Dove _Streptopelia decaocto_ 738. European Turtle Dove _Streptopelia turtur_ 739. Green Imperial Pigeon _Ducula aenea_ 740. Grey-fronted Green Pigeon _Treron affinis_ 741. Hill Pigeon _Columba rupestris_ 742. Laughing Dove _Streptopelia senegalensis_ 114 ----- 743. Mountain Imperial Pigeon _Ducula badia_ 744. Namaqua Dove _Oena capensis_ 745. Nicobar Imperial Pigeon _Ducula nicobarica_ 746. Orange-breasted Green Pigeon _Treron bicinctus_ 747. Oriental Turtle Dove _Streptopelia orientalis_ 748. Pied Imperial Pigeon _Ducula bicolor_ 749. Pin-tailed Green Pigeon _Treron apicauda_ 750. Red Collared Dove _Streptopelia tranquebarica_ 751. Snow Pigeon _Columba leuconota_ 752. Speckled Wood Pigeon _Columba hodgsonii_ 753. Spotted Dove _Streptopelia chinensis_ 754. Thick-billed Green Pigeon _Treron curvirostra_ 755. Wedge-tailed Green Pigeon _Treron sphenurus_ 756. Yellow-footed Green Pigeon _Treron phoenicopterus_ **PIPITS AND WAGTAILS** 757. Blyth's Pipit _Anthus godlewskii_ 758. Buff-bellied Pipit _Anthus rubescens_ 759. Citrine Wagtail _Motacilla citreola_ 760. Eastern Yellow Wagtail _Motacilla tschutschensis_ 761. Grey Wagtail _Motacilla cinerea_ 762. Long-billed Pipit _Anthus similis_ 763. Meadow Pipit _Anthus pratensis_ 764. Olive-backed Pipit _Anthus hodgsoni_ 765. Paddyfield Pipit _Anthus rufulus_ 766. Red-throated Pipit _Anthus cervinus_ 767. Richard's Pipit _Anthus richardi_ 768. Rosy Pipit _Anthus roseatus_ 769. Tawny Pipit _Anthus campestris_ 770. Tree Pipit _Anthus trivialis_ 771. Upland Pipit _Anthus sylvanus_ 772. Water Pipit _Anthus spinoletta_ 773. Western Yellow Wagtail _Motacilla flava_ 774. White Wagtail _Motacilla alba_ 775. White-browed Wagtail _Motacilla maderaspatensis_ **PITTAS** 776. Blue Pitta _Hydrorhis cyaneus_ 777. Blue naped Pitta _Hydrornis nipalensis_ 115 ----- 778. Blue-winged Pitta _Pitta moluccensis_ 779. Hooded Pitta _Pitta sordida_ 780. Indian Pitta _Pitta brachyura_ 781. Mangrove Pitta _Pitta megarhyncha_ **PLOVERS AND LAPWINGS** 782. American Golden Plover _Pluvialis dominica_ 783. Caspian Plover _Charadrius asiaticus_ 784. Common Ringed Plover _Charadrius hiaticula_ 785. Eurasian Golden Plover _Pluvialis apricaria_ 786. Greater Sand Plover _Charadrius leschenaultii_ 787. Grey Plover _Pluvialis squatarola_ 788, Grey-headed Lapwing _Vanellus cinereus_ 789. Kentish Plover _Charadrius alexandrinus_ 790. Lesser Sand Plover _Charadrius mongolus_ 791. Little Ringed Plover _Charadrius dubius_ 792. Long-billed Plover _Charadrius placidus_ 793. Northern Lapwing _Vanellus vanellus_ 794. Oriental Plover _Charadrius veredus_ 795. Red-wattled Lapwing _Vanellus indicus_ 796. River Lapwing _Vanellus duvaucelii_ 797. White-tailed Lapwing _Vanellus leucurus_ 798. Yellow-wattled Lapwing _Vanellus malabaricus_ **RAILS AND COOTS** 799. Andaman Crake _Rallina canningi_ 800. Baillon's Crake _Zapornia pusilla_ 801. Black-tailed Crake _Zapornia bicolor_ 802. Brown Crake _Zapornia akool_ 803. Brown-cheeked Rail _Rallus indicus_ 804. Common Moorhen _Gallinula chloropus_ 805. Corncrake _Crex crex_ 806. Eurasian Coot _Fulica atra_ 807. Grey-headed Swamphen _Porphyrio poliocephalus_ 808. Little Crake _Zapornia parva_ 809. Ruddy-breasted Crake _Zapornia fusca_ 810. Slaty-breasted Rail _Lewinia striata_ 811. Slaty-legged Crake _Rallina eurizonoides_ 812. Spotted Crake _Porzana porzana_ 116 ----- 813. Water Rail _Rallus aquaticus_ 814. Watercock _Gallicrex cinerea_ 815. White-breasted Waterhen _Amaurornis phoenicurus_ 816. White-browed Crake _Poliolimnas cinereus_ **REED WARBLERS AND ALLEES** 817. Black-browed Reed Warbler _Acrocephalus bistrigiceps_ 818. Blunt-winged Warbler _Acrocephalus concinens_ 819. Blyth's Reed Warbler _Acrocephalus dumetorum_ 820. Clamorous Reed Warbler _Acrocephalus stentoreus_ 821. Great Reed Warbler _Acrocephalus arundinaceus_ 822. Large-billed Reed Warbler _Acrocephalus orinus_ 823. Moustached Warbler _Acrocephalus melanopogon_ 824. Oriental Reed Warbler _Acrocephalus orientalis_ 825. Paddyfield Warbler _Acrocephalus agricola_ 826. Sedge Warbler _Acrocephalus schoenobaenus_ **ROLLERS** 827. Dollarbird _Eurystomus orientalis_ 828. European Roller _Coracias garrulus_ 829. Indian Roller _Coracias benghalensis_ 830. Indochinese Roller _Coracias affinis_ **SANDGROUSES** 831. Black-bellied Sandgrouse _Pterocles orientalis_ 832. Chestnut-bellied Sandgrouse _Pterocles exustus_ 833. Painted Sandgrouse _Pterocles indicus_ 834. Pallas's Sandgrouse _Syrrhaptes paradoxus_ 835. Pin-tailed Sandgrouse _Pterocles alchata_ 836. Spotted Sandgrouse _Pterocles senegallus_ 837. Tibetan Sandgrouse _Syrrhaptes tibetanus_ **SANDPIPERS** 838. Asian Dowitcher _Limnodromus semipalmatus_ 839. Bar-tailed Godwit _Limosa lapponica_ 840. Black-tailed Godwit _Limosa limosa_ 841. Broad-billed Sandpiper _Calidris falcinellus_ 117 ----- 842. Buff-breasted Sandpiper _Calidris subruficollis_ 843. Common Redshank _Tringa totanus_ 844. Common Sandpiper _Actitis hypoleucos_ 845. Common Snipe _Gallinago gallinago_ 846. Curlew Sandpiper _Calidris ferruginea_ 847. Dunlin _Calidris alpina_ 848. Eurasian Curlew _Numenius arquata_ 849. Eurasian Woodcock _Scolopax rusticola_ 850. Great Snipe _Gallinago media_ 851. Green Sandpiper _Tringa ochropus_ 852. Grey-tailed Tattler _Tringa brevipes_ 853. Jack Snipe _Lymnocryptes minimus_ 854. Little Stint _Calidris minuta_ 855. Long-billed Dowitcher _Limnodromus scolopaceus_ 856. Long-toed Stint _Calidris subminuta_ 857. Marsh Sandpiper _Tringa stagnatilis_ 858. Pectoral Sandpiper _Calidris melanotos_ 859. Pintail Snipe _Gallinago stenura_ 860. Red Knot _Calidris canutus_ 861. Red Phalarope _Phalaropus fulicarius_ 862. Red-necked Phalarope _Phalaropus lobatus_ 863. Red-necked Stint _Calidris ruficollis_ 864. Ruddy Turnstone _Arenaria interpres_ 865. Ruff _Calidris pugnax_ 866. Sanderling _Calidris alba_ 867. Sharp-tailed Sandpiper _Calidris acuminata_ 868. Solitary Snipe _Gallinago solitaria_ 869. Spotted Redshank _Tringa erythropus_ 870. Swinhoe's Snipe _Gallinago megala_ 871. Temminck's Stint _Calidris temminckii_ 872. Terek Sandpiper _Xenus cinereus_ 873. Whimbrel _Numenius phaeopus_ 874. Wood Sandpiper _Tringa glareola_ **SCIMITAR BABBLERS AND ALLIES** 875. Black-chinned Babbler _Cyanoderma pyrrhops_ 876. Buff-chested Babbler _Cyanoderma ambiguum_ 877. Cachar Wedge-billed Babbler _Stachyris roberti_ 118 ----- 878. Chestnut-capped Babbler _Timalia pileata_ 879. Chin Hills Wren Babbler _Spelaeornis oatesi_ 880. Coral-billed Scimitar Babbler _Pomatorhinus ferruginosus_ 881. Dark-fronted Babbler _Dumetia atriceps_ 882. Golden Babbler _Cyanoderma chrysaeum_ 883. Grey-bellied Wren Babbler _Spelaeornis reptatus_ 884. Grey-throated Babbler _Stachyris nigriceps_ 885. Indian Scimitar Babbler _Pomatorhinus horsfieldii_ 886. Large Scimitar Babbler _Erythrogenys hypoleucos_ 887. Pin-striped Tit Babbler _Mixornis gularis_ 888. Red-billed Scimitar Babbler _Pomatorhinus ochraceiceps_ 889. Rufous-capped Babbler _Cyanoderma ruficeps_ 890. Rufous-throated Wren Babbler _Spelaeornis caudatus_ 891. Rusty-cheeked Scimitar Babbler _Erythrogenys erythrogenys_ 892. Slender-billed Scimitar Babbler _Pomatorhinus superciliaris_ 893. Spot-breasted Scimitar Babbler _Erythrogenys mcclellandi_ 894. Streak-breasted Scimitar Babbler _Pomatorhinus ruficollis_ 895. Tawny-bellied Babbler _Dumetia hyperythra_ 896. White-browed Scimitar Babbler _Pomatorhinus schisticeps_ **SHRIKE-BABBLERS AND ALLIES** 897. Black-eared Shrike-babbler _Pteruthius melanotis_ 898. Black-headed Shrike-babbler _Pteruthius rufiventer_ 899. Blyth's Shrike-babbler _Pteruthius aeralatus_ 900. Clicking Shrike-babbler _Pteruthius intermedius_ 901. Green Shrike-babbler _Pteruthius xanthochlorus_ 902. Himalayan Shrike-babbler _Pteruthius ripleyi_ 903. White-bellied Erpornis _Erpornis zantholeuca_ **SHRIKES** 904. Bay-backed Shrike _Lanius vittatus_ 905. Brown Shrike _Lanius cristatus_ 906. Burmese Shrike _Lanius collurioides_ 907. Great Grey Shrike _Lanius excubitor_ 908. Grey-backed Shrike _Lanius tephronotus_ 909. Isabelline Shrike _Lanius isabellinus_ 910. Lesser Grey Shrike _Lanius minor_ 911. Long-tailed Shrike _Lanius schach_ 119 ----- 912. Masked Shrike _Lanius nubicus_ 913. Red-backed Shrike _Lanius collurio_ 914. Red-tailed Shrike _Lanius phoenicuroides_ 915. Woodchat Shrike _Lanius senator_ **SKUAS** 916. Arctic Skua _Stercorarius parasiticus_ 917. Brown Skua _Stercorarius antarcticus_ 918. Long-tailed Skua _Stercorarius longicaudus_ 919. Pomarine Skua _Stercorarius pomarinus_ 920. South Polar Skua _Stercorarius maccormicki_ **SMALL** **BABBLERS,** **FULVETTAS** **AND ALLIES** 921. Abbott's Babbler _Malacocincla abbotti_ 922. Buff-breasted Babbler _Pellorneum tickelli_ 923. Eyebrowed Wren Babbler _Napothera epilepidota_ 924. Indian Grassbird _Graminicola bengalensis_ 925. Long-billed Wren Babbler _Napothera malacoptila_ 926. Puff-throated Babbler _Pellorneum ruficeps_ 927. Rufous-diroated Fulvetta _Schoeniparus rufogularis_ 928. Rufous-winged Fulvetta _Schoeniparus castaneceps_ 929. Rusty-capped Fulvetta _Schoeniparus dubius_ 930. Spot-uiroated Babbler _Pellorneum albiventre_ 931. Streaked Wren Babbler _Gypsophila brevicaudata_ 932. White-hooded Babbler _Gampsorhynchus rufulus_ 933. Yellow-throated Fulvetta _Schoeniparus cinereus_ **SOUTHERN STORM-PETRELS** 934. Black-bellied Storm-petrel _Fregetta tropica_ 935. White-faced Storm-petrel _Pelagodroma marina_ 936. Wilson's Storm-petrel _Oceanites oceanicus_ **SPARROWS AND SNOWFINCHES** 937. Black-winged Snowfinch _Montifringilla adamsi_ 938. Blanford's Snowfinch _Pyrgilauda blanfordi_ 939. Eurasian Tree Sparrow _Passer montanus_ 120 ----- 940. House Sparrow _Passer domesticus_ 941. Rock Sparrow _Petronia petronia_ 942. Rufous-necked Snowfinch _Pyrgilauda ruficollis_ 943. Russet Sparrow _Passer cinnamomeus_ 944. Sind Sparrow _Passer pyrrhonotus_ 945. Spanish Sparrow _Passer hispaniolensis_ 946. White-rumped Snowfinch _Onychostruthus taczanowskii_ 947. Yellow-throated Sparrow _Gymnoris xanthocollis_ **STARLINGS AND MYNAS** 948. Asian Glossy Starling _Aplonis panayensis_ 949. Asian Pied Starling _Gracupica contra_ 950. Bank Myna _Acridotheres ginginianus_ 951. Brahminy Starling _Sturnia pagodarum_ 952. Chestnut-cheeked Starling _Agropsar philippensis_ 953. Chestnut-tailed Starling _Sturnia malabarica_ 954. Collared Myna _Acridotheres albocinctus_ 955. Common Myna _Acridotheres tristis_ 956. Common Starling _Sturnus vulgaris_ 957. Daurian Starling _Agropsar sturninus_ 958. Golden-crested Myna _Ampeliceps coronatus_ 959. Great Myna _Acridotheres grandis_ 960. Jungle Myna _Acridotheres fuscus_ 961. Malabar Starling _Sturnia blythii_ 962. Red-billed Starling _Spodiopsar sericeus_ 963. Rosy Starling _Pastor roseus_ 964. Spot-winged Starling _Saroglossa spilopterus_ 965. White-cheeked Starling _Spodiopsar cineraceus_ 966. White-headed Starling _Sturnia erythropygia_ **STILTS AND AVOCETS** 967. Black-winged Stilt _Himantopus himantopus_ 968. Pied Avocet _Recurvirostra avosetta_ **STORKS** 969. Asian Openbill _Anastomus oscitans_ 970. Black Stork _Ciconia nigra_ 971. Black-necked Stork _Ephippiorhynchus asiaticus_ 121 ----- 972. Painted Stork _Mycteria leucocephala_ 973. Woolly-necked Stork _Ciconia episcopus_ **SUNBIRDS** 974. Black-throated Sunbird _Aethopyga saturata_ 975. Crimson Sunbird _Aethopyga siparaja_ 976. Crimson-backed Sunbird _Leptocoma minima_ 977. Fire-tailed Sunbird _Aethopyga ignicauda_ 978. Green-tailed Sunbird _Aethopyga nipalensis_ 979. Little Spiderhunter _Arachnothera longirostra_ 980. Loten's Sunbird _Cinnyris lotenius_ 981. Mrs Gould's Sunbird _Aethopyga gouldiae_ 982. Olive-backed Sunbird _Cinnyris jugularis_ 983. Purple Sunbird _Cinnyris asiaticus_ 984. Purple-rumped Sunbird _Leptocoma zeylonica_ 985. Ruby-cheeked Sunbird _Chalcoparia singalensis_ 986. Streaked Spiderhunter _Arachnothera magna_ 987. Van Hasselt's Sunbird _Leptocoma brasiliana_ 988. Vigors's Sunbird _Aethopyga vigorsii_ **SWALLOWS AND MARTINS** 989. Asian House Martin _Delichon dasypus_ 990. Barn Swallow _Hirundo rustica_ 991. Dusky Crag Martin _Ptyonoprogne concolor_ 992. Eurasian Crag Martin _Ptyonoprogne rupestris_ 993. Grey-throated Martin _Riparia chinensis_ 994. Hill Swallow _Hirundo domicola_ 995. Nepal House Martin _Delichon nipalense_ 996. Northern House Martin _Delichon urbicum_ 997. Pacific Swallow _Hirundo tahitica_ 998. Pale Martin _Riparia diluta_ 999. Red-rumped Swallow _Cecropis daurica_ 1000. Sand Martin _Riparia riparia_ 1001. Streak-throated Swallow _Petrochelidon fluvicola_ 1002. Striated Swallow _Cecropis striolata_ 1003. Wire-tailed Swallow _Hirundo smithii_ **SWIFTS** 122 ----- 1004. Alpine Swift _Tachymarptis melba_ 1005. Asian Palm Swift _Cypsiurus balasiensis_ 1006. Blyth's Swift _Apus leuconyx_ 1007. Brown-backed Needletail _Hirundapus giganteus_ 1008. Common Swift _Apus apus_ 1009. Himalayan Swiftlet _Aerodramus brevirostris_ 1010. Indian House Swift _Apus affinis_ 1011. Nepal House Swift _Apus nipalensis_ 1012. Pacific Swift _Apus pacificus_ 1013. Plume-toed Swiftlet _Collocalia affinis_ 1014. Silver-backed Needletail _Hirundapus cochinchinensis_ 1015. White-rumped Spinetail _Zoonavena sylvatica_ 1016. White-throated Needletail _Hirundapus caudacutus_ **SYLVIA WARBLERS AND ALLIES** 1017. Asian Desert Warbler _Curruca nana_ 1018. Barred Warbler _Curruca nisoria_ 1019. Common Whitethroat _Curruca communis_ 1020. Eastern Orphean Warbler _Curruca crassirostris_ 1021. Garden Warbler _Sylvia borin_ 1022. Lesser Whitethroat _Curruca curruca_ **THICK-KNEES** 1023. Beach Thick-knee _Esacus magnirostris_ 1024. Great Thick-knee _Esacus recurvirostris_ 1025. Indian Thick-knee _Burhinus indicus_ **THRUSHES AND ALLEES** 1026. Alpine Thrush _Zoothera mollissima_ 1027. Black-breasted Thrush _Turdus dissimilis_ 1028. Black-throated Thrush _Turdus atrogularis_ 1029. Chestnut Thrush _Turdus rubrocanus_ 1030. Chinese Thrush _Otocichla mupinensis_ 1031. Dark-sided Thrush _Zoothera marginata_ 1032. Dusky Thrush _Turdus eunomus_ 1033. Eyebrowed Thrush _Turdus obscurus_ 1034. Fieldfare _Turdus pilaris_ 123 ----- 1035. Grandala _Grandala coelicolor_ 1036. Green Cochoa _Cochoa viridis_ 1037. Grey-sided Thrush _Turdus feae_ 1038. Grey-winged Blackbird _Turdus boulboul_ 1039. Himalayan Forest Thrush _Zoothera salimalii_ 1040. Indian Blackbird _Turdus simillimus_ 1041. Japanese Thrush _Turdus cordis_ 1042. Kessler's Thrush _Turdus kessleri_ 1043. Long-billed Thrush _Zoothera monticola_ 1044. Long-tailed Thrush _Zoothera dixoni_ 1045. Mistle Thrush _Turdus viscivorus_ 1046. Naumann's Thrush _Turdus naumanni_ 1047. Orange-headed Thrush _Geokichla citrina_ 1048. Pied Thrush _Geokichla wardii_ 1049. Purple Cochoa _Cochoa purpurea_ 1050. Red-throated Thrush _Turdus ruficollis_ 1051. Scaly Thrush _Zoothera dauma_ 1052. Siberian Thrush _Geokichla sibirica_ 1053. Song Thrush _Turdus philomelos_ 1054. Tibetan Blackbird _Turdus maximus_ 1055. Tickell's Thrush _Turdus unicolor_ 1056. White-collared Blackbird _Turdus albocinctus_ **TITS** 1057. Azure Tit _Cyanistes cyanus_ 1058. Cinereous Tit _Parus cinereus_ 1059. Coal Tit _Periparus ater_ 1060. Fire-capped Tit _Cephalopyrus flammiceps_ 1061. Green-backed Tit _Parus monticolus_ 1062. Grey-crested Tit _Lophophanes dichrous_ 1063. Ground Tit _Pseudopodoces humilis_ 1064. Himalayan Black-lored Tit _Machlolophus xanthogenys_ 1065. Indian Black-lored Tit _Machlolophus aplonotus_ 1066. Rufous-naped Tit _Periparus. rufonuchalis_ 1067. Rufous-vented Tit _Periparus rubidiventris_ 1068. Sultan Tit _Melanochlora sultanea_ 1069. Yellow-browed Tit _Sylviparus modestus_ 1070. Yellow-cheeked Tit _Machlolophus spilonotus_ **TREE-CREEPERS AND ALLIES** 124 ----- 1071. Bar-tailed Treecreeper _Certhia himalayana_ 1072. Hodgson's Treecreeper _Certhia hodgsoni_ 1073. Hume's Treecreeper _Certhia manipurensis_ 1074. Indian Spotted Creeper _Salpornis spilonota_ 1075. Rusty-flanked Treecreeper _Certhia nipalensis_ 1076. Sikkim Treecreeper _Certhia discolor_ **TROGONS** 1077. Malabar Trogon _Harpactes fasciatus_ 1078. Red-headed Trogon _Harpactes erythrocephalus_ **TROPICBIRDS** 1079. Red-billed Tropicbird _Phaethon aethereus_ 1080. Red-tailed Tropicbird _Phaethon rubricauda_ 1081. White-tailed Tropicbird _Phaethon lepturus_ **WALLCREEPER** 1082. Wallcreeper _Tichodroma muraria_ **WAXWINGS** 1083. Bohemian Waxwing _Bombycilla garrulus_ **WEAVERS** 1084. Baya Weaver _Ploceus philippinus_ 1085. Black-breasted Weaver _Ploceus benghalensis_ 1086. Streaked Weaver _Ploceus manyar_ **WHISTLERS** 1087. Mangrove Whistler _Pachycephala cinerea_ **WHITE-EYES, YUHINAS AND** **ALLIES** 1088. Black-chinned Yuhina _Yuhina nigrimenta_ 1089. Chestnut-flanked White-eye _Zosterops erythropleurus_ 1090. Indian White-eye _Zosterops palpebrosus_ 125 ----- 1091. Rufous-vented Yuhina _Yuhina occipitalis_ 1092. Striated Yuhina _Staphida castaniceps_ 1093. Stripe-throated Yuhina _Yuhina gularis_ 1094. Whiskered Yuhina _Yuhina flavicollis_ 1095. White-naped Yuhina _Yuhina bakeri_ **WOODPECKERS AND ALLIES** 1096. Bay Woodpecker _Blythipicus pyrrhotis_ 1097. Black-rumped Flameback _Dinopium benghalense_ 1098. Brown-capped Pygmy Woodpecker _Yungipicus nanus_ 1099. Brown-fronted Woodpecker _Dendrocoptes auriceps_ 1100. Common Flameback _Dinopium javanense_ 1101. Crimson-breasted Woodpecker _Dryobates cathpharius_ 1102. Darjeeling Woodpecker _Dendrocopos darjellensis_ 1103. Eurasian Wryneck _Jynx torquilla_ 1104. Freckle-breasted Woodpecker _Dendrocopos analis_ 1105. Fulvous-breasted Woodpecker _Dendrocopos macei_ 1106. Great Spotted Woodpecker _Dendrocopos major_ 1107. Greater Flameback _Chrysocolaptes guttacristatus_ 1108. Greater Yellownape _Chrysophlegma flavinucha_ 1109. Grey-capped Pygmy Woodpecker _Yungipicus canicapillus_ 1110. Grey-headed Woodpecker _Picus canus_ 1111. Himalayan Flameback _Dinopium shorii_ 1112. Himalayan Woodpecker _Dendrocopos himalayensis_ 1113. Lesser Yellownape _Picus chlorolophus_ 1114. Pale-headed Woodpecker _Gecinulus grantia_ 1115. Rufous Woodpecker _Micropternus brachyurus_ 1116. Rufous-bellied Woodpecker _Dendrocopos hyperythrus_ 1117. Scaly-bellied Woodpecker _Picus squamatus_ 1118. Sind Woodpecker _Dendrocopos assimilis_ 1119. Speckled Piculet _Picumnus innominatus_ 1120. Streak-throated Woodpecker _Picus xanthopygaeus_ 1121. Stripe-breasted Woodpecker _Dendrocopos atratus_ 1122. White-bellied Woodpecker _Dryocopus javensis_ 1123. White-browed Piculet _Sasia ochracea_ 1124. White-naped Woodpecker _Chrysocolaptes festivus_ **WOODSHRIKES AND ALLIES** 126 ----- 1125. Bar-winged Flycatcher-shrike _Hemipus picatus_ 1126. Common Woodshrike _Tephrodornis pondicerianus_ 1127. Large Woodshrike _Tephrodornis virgatus_ 1128. Malabar Woodshrike _Tephrodornis sylvicola_ **WOODSWALLOWS** 1129. Ashy Woodswallow _Artamus fuscus_ 1130. White-breasted Woodswallow _Artamus leucorynchus_ **WREN BABBLERS** 1131. Nepal Wren Babbler _Pnoepyga immaculata_ 1132. Pygmy Wren Babbler _Pnoepyga pusilla_ 1133. Scaly-breasted Wren Babbler _Pnoepyga albiventer_ **WRENS** 1134. Eurasian Wren _Troglodytes troglodytes_ **PART C : REPTILES** **Sl.** **No.** **Common Name** **Scientific Name** **GECKOS** 1. Banded Bent-toed Gecko _Cyrtodactylus fasciolatus_ 2. Clouded Indian Gecko _Cyrtodactylus nebulosus_ 3. Collegal Ground Gecko _Cyrtodactylus collegalensis_ 4. Deccan banded gecko _Cyrtodactylus albofasciatus_ 5. Deccan Ground Gecko _Cyrtodactylus deccanensis_ 6. Varad Giri's Ground Gecko _Cyrtodactylus varadgirii_ **TURTLES** 7. Asian leaf turtle _Cyclemys gemeli_ 8. Brown roofed Turtle _Pangshura smithii_ 9. Indian Black Turtle _Melanochelys trijuga_ **LIZARDS** 127 ----- 10. Asian Glass Lizard _Dopasia gracilis_ 11. Anamalai spiny lizard _Salea anamallayana_ 12. Horsfield's spiny lizard _Salea horsfieldii_ 13. Southern flying lizard _Draco dussumieri_ **BOAS** 14. All species of the Family Boidae except for those listed in Schedule I **SNAKES** 15. Blind Snakes All species of the Family Typhlopidae 16. Colubrid Snakes All species of the Family Colubridae except those listed in Schedule I 17. Elapid Snakes All species of the Family Elapidae except for those listed in Schedule I 18. Sand snakes All species of Family Psammophiidae 19. Shield-tailed Snakes All species of the Family Uropeltidae 20. Sunbeam Snake All species of the Family Xenopeltidae 21. Thread Snakes All species of the Family Leptotyphlopidae 22. Vipers All species of the Family Viperidae except for those listed in Schedule I **PART D : AMPHIBIANS** Sl. No. Common Name Scientific Name **TOADS** 1. Kemp's Tree Toad _Bufoides kempi_ 2. Khasi Hills Toad _Bufoides meghalayanus_ 3. Malabar Tree Toad _Pedostibes tuberculosus_ **FROGS** 128 ----- 4. Aloysi Pond Frog _Phrynoderma aloysii_ 5. Annandale's Frog/Assam Hills Frog _Clinotarsus alticola_ 6. Bompu Litter Frog _Leptobrachium bompu_ 7. Chin Woodfrog _Sylvirana lacrima_ 8. Cope's Frog _Hydrophylax leptoglossa_ 9. Crab-eating Frog/Mangrove Frog _Fejervarya moodiei_ 10. Ghosh's Frog/Manipur Frog _Euphlyctis ghoshi_ 11. Giant Gliding Frog _Zhangixalus smaragdinus_ 12. Himalayan Cascade Frog _Amolops himalayanus_ 13. Indian Bullfrog _Hoplobatrachus tigerinus_ 14. Indian Pond Frog _Phrynoderma hexadactylum_ 15. Indian Skittering Frog _Euphlyctis cyanophlyctis_ 16. Indoburman Cascade Frog _Amolops indoburmanensis_ 17. Jerdon's White-lipped Horned Frog _Megophrys major_ 18. Kalasgram Skittering Frog _Euphlyctis kalasgramensis_ 19. Karaavali Pond Frog _Phrynoderma karaavali_ 20. Khare's Gliding Frog _Pterorana khare_ 21. Kerala Pond Frog _Phrynoderma kerala_ 22. Liebig's Frog/Sikkim Paa Frog _Nanorana liebigii_ 23. Littoral Bullfrog _Hoplobatrachus litoralis_ 24. Mawphlang Hill Stream Frog _Odorrana mawphlangensis_ 25. Mokokchung Frog _Nanorana mokokchungensis_ 26. Orissa Frog _Fejervarya orissaensis_ 27. Perching Frog/Six-Lined Tree Frog/Terai tree frog _Polypedates teraiensis_ 28. Senchal Cascade Frog _Amolops senchalensis_ 29. Sikkim Ombrana _Ombrana sikimensis_ 30. Terai Wart Frog _Minervarya teraiensis_ 31. Twin-spotted Tree Frog _Rhacophorus bipunctatus_ 32. Yellow-spotted White-lipped Horned Frog _Megophrys flavipunctata_ **PART E : FISHES** No. **Common Names** Scientific Name **RAYS** 1. Sicklefin Devil Ray _Mobula tarapacana_ 2. Mottled Eagle Ray _Aetomylaeus maculatus_ 3. Ocellate Eagle Ray _Aetomylaeus milvus_ 129 ----- 4. Ornate Eagle Ray _Aetomylaeus vespertilio_ **SHARKS** 5. Great Hammerhead _Sphyrna mokarran_ 6. Oceanic Whitetip Shark _Carcharhinus longimanus_ 7. Smooth Hammerhead _Sphyrna zygaena_ 8. Winghead Shark _Eusphyra blochii_ **SNAKEHEADS** 9. Barca snakehead _Channa barca_ 10. Gollum snakehead _Aenigmachanna gollum_ **PART F : MOLLUSCA** **No. Common Name** **Scientific Name** **CONCHES** 1. Chiragra Spider Conch _Harpago arthriticus_ 2. Harpago Spider Conch _Harpago chiragra_ 3. Milleped Spider Conch _Lambis millepeda_ 4. Orange Spider Conch _Lambis crocata_ 5. Scorpio Spider Conch _Lambis scorpius_ 6. Sibald's Conch _Dolomena plicata sibbaldii_ 7. Trapezium Horse Conch _Pleuroploca trapezium_ 8. Truncate Spider Conch _Lambis truncata_ **COWRIES** 9. Limacina Cowrie _Staphylaea limacina_ 10. Map Cowrie _Leporicypraea mappa_ 11. Mole Cowrie _Talparia talpa_ **OYSTERS** 12. Windowpane Oyster _Placuna placenta_ **TOP SHELLS** 130 ----- 13. Commercial Top Shell _Tectus niloticus_ **TURBANS** 14. Green Turban _Turbo marmoratus_ **VOLUTES** 15. Vaxillate Volute/Gold Banded Volute _Harpulina arausiaca_ **PART G: ARTHROPODS (OTHER THAN INSECTS)** **No.** **Common Name** **Scientific Name** **CRABS** 1. Indo-Pacific Horseshoe Crab _Tachypleus gigas_ 2. Mangrove Horseshoe Crab _Carcinoscorpius rotundicauda_ **SPIDERS** 3. Anantagiri Parachute Spider _Poecilotheria tigrinawesseli_ 4. Bengal Ornamental/Chota Nagpur Parachute Spider _Poecilotheria miranda_ 5. Indian Ornamental Spider/Regal Parachute Spider _Poecilotheria regalis_ 6. Mysore Ornamental Spider/Striated Parachute Spider _Poecilotheria striata_ 7. Peacock Tarantula/Gooty Ornamental tarantula _Poecilotheria metallica_ 8. Rameswaram Ornamental Tarantula _Poecilotheria_ /Rameshwaram Parachute Spider _hanumavilasumica_ 9. Red Slate Ornamental Tarantula _Poecilotheria rufilata_ 10. Salem Ornamental Tarantula _Poecilotheria Formosa_ **PART H: BUTTERFLIES (LEPIDOPTERA)** **No. Common Name** **Scientific Name** **FAMILY** **HESPERIIDAE** 1. Indian Ace _Halpe homolea_ 131 ----- 2. Orange-tailed Awlet _Badamia sena_ **FAMILY** **LYCAENIDAE** 3. Albocerulean _Udara albocaerulea_ 4. Assam Pierrot _Tarucus waterstradti_ 5. Banded Royal _Eliotiana jalindra_ 6. Barred Lineblue _Prosotas aluta_ 7. Bhutya Lineblue _Prosotas bhutea_ 8. Black Cupid _Tongeia kala_ 9. Black-branded Royal _Tajuria culta_ 10. Blue Darkie _Allotinus subviolaceus_ 11. Blue Gem _Poritia erycinoides_ 12. Blue Quaker _Pithecops fulgens_ 13. Blue Tit _Chliaria kina_ 14. Branded Royal _Tajuria melastigma_ 15. Branded Yamfly _Yasoda tripunctata_ 16. Broad Spark _Sinthusa chandrana_ 17. Brown Tit _Hypolycaena theclodies nicobarica_ 18. Cerulean Hairstreak _Neozephyrus suroia_ 19. Chestnut-and-black Royal _Tajuria yajna_ 20. Chinese Royal _Tajuria luculenta_ 21. Chocolate Royal _Remelana jangala_ 22. Chumbi Green Underwing _Patricius younghusbandi_ 23. Common Gem _Poritia hewitsord_ 24. Common Tinsel _Catapoecilma major_ 25. Dark Blue Royal _Pratapa icetas mishmia_ 26. Dark Mottle _Logania distanti_ 27. Dark Tinsel _Acupicta delicatum_ 28. de Niceville's Dull Oakblue _Amblypodia agrata_ 29. Dull Green Hairstreak _Esakiozephyrus icana_ 30. Dusky Bushblue _Arhopala paraganesa_ 31. Dusky Meadow Blue _Alpherakya devanica_ 32. Elwes' Silverline _Spindasis elwesi_ 33. Falcate Oakblue _Mahathala ameria_ 34. Felder's Lineblue _Catopyrops ancyra_ 35. Frosted Cerulean _Jamides kankena_ 36. Glazed Oakblue _Arhopala paralea_ 37. Great Spotted Blue _Phengaris atroguttata_ 38. Green Flash _Artipe eryx_ 39. Green Sapphire _Helipphorus androcles_ 40. Hampson's Hedge Blue _Acytolepis lilacea_ 41. Hedge Cupid _Bothrinia chenneili_ 42. Hewitson's Dull Oakblue _Arhopala oenea_ 132 ----- 43. Indigo Flash _Rapala varuna_ 44. Jakama Hair streak _Shirozuozephyrus jakamensis_ 45. Kabru Green Hairstreak _Chrysozephyrus kabrua_ 46. Khaki Silverline _Spindasis rukmini_ 47. Kirbari Hairstreak _Shirozuozephyrus kirbariensis_ 48. Large Fourlineblue _Nacaduba pactolus_ 49. Lilac Oakblue _Arhopala camdeo_ 50. Lilac Oakblue _Arhopala camdeo_ 51. Lilac Silverline _Apharitis lilacinus_ 52. Lister's Hairstreak _Pamela dudgeonii_ 53. Long-banded Silverline _Spindasis lohita_ 54. Malayan _Magisba malaya_ 55. Many-tailed Oakblue _Thaduka multicaudata_ 56. Metallic Cerulean _Jamides alecto_ 57. Metallic Hedge Blue _Callenya melaena_ 58. Moore's Cupid _Shijimia moorei_ 59. Naga Saphire _Heliophorus kohimensis_ 60. Narrow Spark _Sinthusa nasaka_ 61. Nilgiri Tit _Hypolycaena nilgirica_ 62. Pale Bushblue _Arhopala aberrans_ 63. Pale Fourlineblue _Nacaduba hermus_ 64. Pale Grand Imperial _Neocheritra fabronia_ 65. Pale Spark _Sinthusa virgo_ 66. Pallid Oakblue _Amblypodia alesia_ 67. Pallid Royal _Tajuria albiplaga_ 68. Peacock Royal _Tajuria cippus_ 69. Plain Plushblue _Flos apidanus_ 70. Plane _Bindahara phocides_ 71. Pointed Ciliate Blue _Anthene lycaenina_ 72. Pointed Lineblue _Ionolyce helicon_ 73. Pointed Pierrot _Niphanda cymbia_ 74. Powdered Green Hairstreak _Chrysozephyrus zoa_ 75. Red Imperial _Suasa lisides_ 76. Refulgent Flash _Rapala refulgens_ 77. Royal Cerulean _Jamides caeruleus_ 78. Scarce Shot Silverline _Spindasis elima_ 79. Scarce Silverstreak Blue _Iraota rochana_ 80. Scarce Slate Flash _Rapala scintilla_ 81. Shot Flash _Rapala buxaria_ 82. Silver Hairstreak _Inomataozephyrus syla_ 83. Silver Royal _Ancema blanka_ 84. Silver grey Silverline _Spindasis nipalicus_ 85. Silver-Streaked Acacia Blue _Zinaspa todara_ 133 ----- 86. Small Green Underwing _Albulina metallica_ 87. Spotless Oakblue _Arhopala fulla_ 88. Spotted Pierrot _Tarucus callinara_ 89. Straight Pierrot _Caleta roxus_ 90. Straightline Royal _Tajuria diaeus_ 91. Straightwing Blue _Orthomiella pontis_ 92. Sylhet Oakblue _Arhopala silhetensis_ 93. Tailless Bushblue _Amblypodia ganesa_ 94. Tailless Lineblue _Prosotas dubiosa_ 95. Tailless Metallic Green Hairstreak _Shirozuozephyrus khasia_ 96. Tailless Phishblue _Flos areste_ 97. Tamil Oakblue _Arhopala bazaloides_ 98. Truncate Imperial _Cheritrella truncipennis_ 99. Tytler's Green Hairstreak _Chrysozephyrus vittatus_ 100. Tytler's Lascar _Pantoporia bieti paona_ 101. Tytler's Rosy Oakblue _Arhopala allata suffusa_ 102. Una _Una usta_ 103. Uncertain Royal _Tajuria ister_ 104. Violet Onyx _Horaga onyx_ 105. Violet Onyx _Horaga albimacula_ 106. White Cerulean _Jamides pura_ 107. White Royal _Pratapa deva_ 108. White Royal _Tajuria illurgioides_ 109. White Royal _Tajuria illurgis_ 110. White-spotted Hairstreak _Shizuyaozephyrus ziha_ 111. White-tipped Lineblue _Prosotas noreia_ 112. Witch _Araotes lapithis_ 113. Wonderful Hairstreak _Thermozephyrus ataxus zulla_ **FAMILY** **NYMPHALIDAE** 114. Autumn Leaf _Doleschallia bisaltide_ 115. Bamboo Treebrown _Lethe europa_ 116. Banded Marquis _Euthalia teuta_ 117. Black Rajah _Charaxes solon_ 118. Blackvein Sergeant _Athyma ranga_ 119. Blue Duchess _Euthalia duda_ 120. Blue Forester _Lethe scanda_ 121. Blue Oakleaf _Kallima horsfteldi_ 122. Blue-tailed Jester _Symbrenthia niphanda_ 123. Branded Evening Brown _Cyllogenes suradeva_ 124. Broad-banded Sailer _Neptis sankara_ 125. Broadstick Sailer _Neptis narayana_ 126. Bronze Duke _Euthalia nara_ 127. Brown Argus _Ypthima hyagriva_ 134 ----- 128. Brown Forester _Lethe serbonis_ 129. Brown Prince _Rohana parvata_ 130. Chestnut-streaked Sailer _Neptis jumbah_ 131. China Nawab _Polyura narcaeus_ 132. Chinese Bushbrown _Mycalesis gotama_ 133. Chinese Yellow Sailer _Neptis cydippe kirbariensis_ 134. Clear Sailer _Neptis clinia_ 135. Clipper _Parthenos sylvia_ 136. Comma _Polygonia c-album_ 137. Commodore _Auzakia danava_ 138. Common Archduke _Lexias pardalis jadeitina_ 139. Common Baron _Euthalia aconthea_ 140. Common Beak _Libythea lepita_ 141. Common Forester _Lethe insana_ 142. Common Nawab _Polyura athamas_ 143. Courtesan _Euripus nyctelius_ 144. Creamy Sailer _Neptis soma_ 145. Danaid Eggfly _Hypolimnas misippus_ 146. Dark Archduke _Lexias dirtea_ 147. Dark Baron _Euthalia merta_ 148. Dark Forester _Lethe brisanda_ 149. Dark Forester _Lethe goalpara_ 150. De Niceville's Bushbrown _Mycalesis misenus_ 151. Desert Fourring _Ypthima bolanica_ 152. Dot-dash Sergeant _Athyma kanwa_ 153. Dusky Labyrinth _Neope yama_ 154. Eastern Fivering _Ypthima similis_ 155. False Comma _Polygonia l-album_ 156. Freak _Calinaga buddha_ 157. French Duke _Euthalia franciae_ 158. Grand Duchess _Euthalia patala_ 159. Great Archduke _Lexias cyanipardus_ 160. Great Evening Brown _Melanitis zitenius_ 161. Great Sergeant _Athyma larymna_ 162. Great Yellow Sailer _Neptis radha_ 163. Grey Baron _Euthalia anosia_ 164. Grey Commodore _Bhagadatta austenia_ 165. Grey Count _Cynitia lepidea_ 166. Highbrown Silverspot _Argynnis jainadeva_ 167. Jewelled Nawab _Polyura delphis_ 168. Jezabel Palmfly _Elymnias vasudeva_ 169. Large Tawny Wall _Raphicera satricus_ 170. Lavender Count _Cynitia cocytus_ 135 ----- 171. Lepcha Bushbrown _Mycalesis lepcha_ 172. Long-branded Blue Crow _Euploea algea_ 173. Malabar Tree Nymph _Idea malabarica_ 174. Manipur Goldenfork _Lethe kabrua_ 175. ManipurWoodbrown _Lethe kanjupkula_ 176. Many-tufted Bushbrown _Mycaleisis mystes_ 177. Marbled Map _Cyrestis codes_ 178. Moeller's Silverfork _Lethe moelteri_ 179. Mongol _Araschnia prorsoides dohertyi_ 180. Moore's Bushbrown _Mycalesis heri_ 181. Mountain Silverspot _Issoria altissima_ 182. Naga Treebrown _Lethe naga_ 183. Painted Courtesan _Euripus consimilis_ 184. Pale Forester _Lethe latiaris_ 185. Pale Green Sailer _Neptis zaida_ 186. Pale Hockeystick Sailer _Neptis manasa manasa_ 187. Pallid Argus _Cailerebia scanda_ 188. Panther _Neurosigma siva_ 189. Pasha _Herona marathus_ 190. Plain Bushbrown _Mycalesis tnalsarida_ 191. Plain Tbxeering _Ypthima lycus_ 192. Queen of Spain Fritillary _Issoria lathonia_ 193. Red Lacewing _Cethosia biblis_ 194. Red-spot Duke _Euthalia evelina_ 195. Ringed Argus _Cailerebia annada_ 196. Scarce Blue Oakleaf _Kallima knyvetti_ 197. Scarce Evening Brown _Cyllogenes janetae_ 198. Scarce Mountain Argus _Erebia kalinda kalinda_ 199. Scarce Red Forester _Lethe distans_ 200. Scarce Tawny Rajah _Charaxes aristogiton_ 201. Scarce Wall _Lasiommata maerula_ 202. Scarce Woodbrown _Lethe siderea_ 203. Sergeant Emperor _Mimathyma chevana_ 204. Shandur Rockbrown _Chazara heydenreichi_ 205. Short-banded Sailer _Phaedyma columella_ 206. Silverstreak _Argynnis clara_ 207. Siren _Hestina persimilis_ 208. Small Goldenfork _Lethe atkinsoni_ 209. Small Leopard _Phalanta alcippe_ 210. Small Silverfork _Lethe jalaurida_ 211. Small Woodbrown _Lethe nicetella_ 212. Sordid Emperor _Chitona sordida_ 213. Spotted Blue Crow _Euploea midamus_ 214. Spotted Mystic _Lethe tristigmata_ 215. Spotted Palmfly _Elymnias malelas_ 136 ----- 216. Spotted Sailer _Neptis magadh khasiana_ 217. Stately Nawab _Polyura dolon_ 218. Striped Ringlet _Ragadia crisilda_ 219. Studded Sergeant _Pantoporia asura_ 220. Tailed Red Forester _Lethe sinorix_ 221. Tamil Catseye _Zipotis saitis_ 222. Tamil Lacewing _Cethosia nietneri_ 223. Tawny Rajah _Charaxes bemardus_ 224. Tibetan Jewel Blue _Phengaris eversmanni_ 225. Tibetan Satyr _Oeneis buddha_ 226. Travancore Evening Brown _Parantirrhoea marshalli_ 227. Treble Silverstripe _Lethe baladeva_ 228. Unbroken Sergeant _Athymapravara_ 229. Variegated Fivering _Ypthima methora_ 230. Variegated Rajah _Charaxes kahruba_ 231. Variegated Sailer _Neptis armandia_ 232. Veined Labyrinth _Lethe pulaha_ 233. Watson's Bushbrown _Mycalesis adamsoni_ 234. Wavy Maplet _Chersonesia intermedia_ 235. White Commodore _Parasarpa dudu_ 236. White Oakleaf _Kallima albofasciata_ 237. White Owl _Neorina patria_ 238. Whitebar Bushbrown _Mycalesis anoxias_ 239. White-edged Bushbrown _Mycalesis mestra_ 240. White-edged Woodbrown _Lethe visrava_ 241. White-ringed Meadowbrown _Hyponephele davendra_ 242. Wizard _Rhinopalpa polynice_ 243. Wood-Mason's Bushbrown _Mycalesis suaveolens_ 244. Yellow Argus _Paralasa mani_ 245. Yellow Kaiser _Penthema lisarda_ 246. Yellow Owl _Neorina hilda_ 247. Yellow Rajah _Charaxes marmax_ 248. Yellowjack Sailer _Lasippa viraja nar_ **FAMILY** **PAPILIONIDAE** 249: Andaman Mormon _Papilio mayo_ 250. Blue-striped Mime _Papilio slateri_ 251. Brown Gorgon _Meandrusa lachinus_ 252. Chain Swordtail _Graphium aristeus_ 253. Chinese Windmill _Byasa plutonius_ 254. Common Banded Peacock _Papilio crino_ 255. Common Bluebottle _Graphium sarpedon_ 137 ----- 256. Common Mime _Chilasa clytia_ 257. Common Red Apollo _Parnassius epaphus_ 258. Common Yellow Swallowtail _Papilio machaon_ 259. Crimson Rose _Pachliopta hector_ 260. Fourbar Swordtail _Graphium agetes_ 261. Glassy Bluebottle _Graphium cloanthus_ 262. Golden Birdwing _Troides aeacus aeacus_ 263. Great Blue Mime _Papilio paradoxa_ 264. Great Jay _Graphium eurypylus_ 265. Green Dragontail _Lamproptera meges virescens_ 266. Keeled Apollo _Parassius jacquemonti_ 267. Lesser Mime _Papilio epycides_ 268. Malabar Banded Peacock _Papilio buddha_ 269. Regal Apollo _Parnassius charltonius_ 270. Rose Windmill _Byasa latreillei_ 271. Scarce Jay _Graphium albociliatis_ 272. Southern Birdwing _Troides minos_ 273. Spotted Jay _Graphium arycles_ 274. Spotted Zebra _Graphium megarus_ 275. Tailed Redbreast _Papilio bootes_ **FAMILY** **PIERIDAE** 276. Bhutan Blackvein _Aporia harrietae_ 277. Blue Nawab _Appias wardii_ 278. Broadwing Jezabel _Delias lativitta_ 279. Chocolate Albatross _Appias lyncida_ 280. Common Albatross _Appias albina_ 281. Dusky Blackvein _Aporia nabellica_ 282. Fiery Clouded Yellow _Colias eogene_ 283. Kashmir White _Pier is deota_ 284. Ladak Clouded Yellow _Colias ladakensis_ 285. Lesser Bath White _Pontia chloridice_ 286. Lesser Gull _Cepora nadina_ 287. One-spot Grass Yellow _Eurema andersoni_ 288. Orange Clouded Yellow _Colias stoliczkana_ 289. Pale Wanderer _Pareronia avatar_ 290. Plain Puffin _Appias indra_ 291. Plain Sulphur _Dercas lycorias_ **FAMILY** **RIODINIDAE** 292. Lesser Punch _Dodona dipoea_ 293. Orange Punch _Dodona egeon_ 294. Straight Plum Judy _Abisara kausambi_ 138 ----- 295. Striped Punch _Dodona adonira_ **PART I: PORIFERA** **No.** **Common Name** **Scientific name** 1. Sponges All species of the Class Calcarea] 139 ----- **SCHEDULE III** **(See Chapter III-A and Sections 50, 51, 54 and 57)** **SPECIFIED PLANTS** **Sl. No.** **Scientific Name** **Common Name** 1 _Strobilanthes kunthianus_ Neel kurinji 2 _Coptis teeta_ Gold threat, Mishmi teeta 3 _Coscinium fenestration_ Tree turmeric 4 _Taxus wallichiana_ Common yew 5 _Vanda coerulea_ Blue vanda 6 _Nepenthes khasiana_ Pitcher plant 7 _Renanthera imschootiana_ Red vanda 8 _Cycas spp._ 9 _Ceropegias spp._ 10 _Aenhenrya rotundifolia_ 11 _Odontochilus grandiflorus_ 12 _Odontochiluste trapterus_ 13 _Rhomboda pulchra_ 14 _Vrydagzynea viridiflora_ 15 _Zeuxine andamanica_ 16 _Ipsea malabarica_ Daffodil orchid 17 _Habenaria barnesii_ 18 _Podophyllum hexandrum_ Indian podohyllum 19 _Dolomiaea costus_ Kuth] 140 ----- **SCHEDULE IV** **(See Chapter VB and Sections 39, 50, 51, 54, 57)** **Interpretation** 1. Species included in these Appendices are referred to: (a) by the name of the species; or (b) as being all of the species included in a higher taxon or designated part thereof. 2. The abbreviation “spp.” is used to denote all species of a higher taxon. 3. Other references to taxa higher than species are for the purposes of information or classification only. The common names included after the scientific names of families are for reference only. They are intended to indicate the species within the family concerned that are included in the Appendices. In most cases this is not all of the species within the family. 4. The following abbreviations are used for plant taxa below the level of species: (a) “ssp.” is used to denote subspecies; and (b) “var(s).” is used to denote variety (varieties). 5. As none of the species or higher taxa of FLORA included in Appendix I is annotated to the effect that its hybrids shall be treated in accordance with the provisions of Article III of the Convention, this means that artificially propagated hybrids produced from one or more of these species or taxa may be traded with a certificate of artificial propagation, and that seeds and pollen (including pollinia), cut flowers, seedling or tissue cultures obtained in vitro, in solid or liquid media, transported in sterile containers of these hybrids are not subject to the provisions of the Convention. 6. The names of the countries in parentheses placed against the names of species in Appendix III are those of the Parties submitting these species for inclusion in this Appendix. 7. When a species is included in one of the Appendices, the whole, live or dead, animal or plant is included. In addition, for animal species listed in Appendix III and plant species listed in Appendix II or III, all parts and derivatives of the species are also included in the same Appendix unless the species is annotated to indicate that only specific parts and derivatives are included. The symbol # followed by a number placed against the name of a species or higher taxon included in Appendix II or III refers to a footnote that indicates the parts or derivatives of animals or plants that are designated as ‘specimens’ subject to the provisions of the Convention in accordance with Article I, paragraph (b), subparagraph (ii) or (iii). Numbers not preceded by a # symbol placed against the name of a species or higher taxon refer to a footnote that indicates specific conditions or restrictions that are applicable to trade of such species or higher taxon under the Convention. 141 ----- 8. The terms and expressions below, used in annotations in these Appendices, are defined as follows: **Extract** _Any substance obtained directly from plant material by physical or chemical means regardless of_ _the manufacturing process. An extract may be solid (e.g. crystals, resin, fine or coarse particles),_ _semi-solid (e.g. gums, waxes) or liquid (e.g. solutions, tinctures, oil and essential oils)._ **Finished musical instruments** _A musical instrument (as referenced by the Harmonized System of the World Customs_ _Organization, Chapter 92; musical instruments, parts and accessories of such articles) that is_ _ready to play or needs only the installation of parts to make it playable. This term includes_ _antique instruments (as defined by the Harmonized System codes 97.05 and 97.06; Works of art,_ _collectors' pieces and antiques)._ **Finished musical instrument accessories** _A musical instrument accessory (as referenced by the Harmonized System of the World Customs_ _Organization, Chapter 92; musical instruments, parts and accessories of such articles) that is_ _separate from the musical instrument, and is specifically designed or shaped to be used explicitly_ _in association with an instrument, and that requires no further modification to be used._ **Finished musical instrument parts** _A part (as referenced by the Harmonized System of the World Customs Organization, Chapter_ _92; musical instruments, parts and accessories of such articles) of a musical instrument that is_ _ready to install and is specifically designed and shaped to be used explicitly in association with_ _the instrument to make it playable._ **Finished products packaged and ready for retail trade** _Products, shipped singly or in bulk, requiring no further processing, packaged, labelled for final_ _use or the retail trade in a state fit for being sold to or used by the general public._ **Powder** _A dry, solid substance in the form of fine or coarse particles._ **Shipment** _Cargo transported under the terms of a single bill of lading or air waybill, irrespective of the_ _quantity or number of containers, packages, or pieces worn, carried or included in personal_ _baggage._ **Ten (10) kg per shipment** 142 ----- _For the term “10 kg per shipment”, the 10 kg limit should be interpreted as referring to the_ _weight of the individual portions of each item in the shipment made of wood of the species_ _concerned. In other words, the 10 kg limit is to be assessed against the weight of the individual_ _portions of wood of Dalbergia/Guibourtia species contained in each item of the shipment, rather_ _than against the total weight of the shipment._ **Transformed wood** _Defined by Harmonized System code 44.09 : Wood (including strips, friezes for parquet flooring,_ _not assembled), continuously shaped (tongued, grooved, v-jointed, beaded or the like) along any_ _edges, ends or faces, whether or not planed, sanded or end-jointed._ **Woodchips** _Wood that has been reduced to small pieces.]_ 143 ----- **APPENDIX I** **FAUNA (ANIMALS)** **PHYLUM CHORDATA** **CLASS MAMMALIA (MAMMALS)** **ARTIODACTYLA** **Antilocapridae Pronghorns** 1 _Antilocapra americana (Only the population of_ Mexico is included in Appendix I. No other **Bovidae** Antelopes, cattle, duikers, gazelles, goats, sheep, etc. population is included in the Appendices.) 2 _Addax nasomaculatus_ 3 _Bos gaurus (Excludes the domesticated form, which_ is referenced as Bos frontalis, and is not subject to the provisions of the Convention.) 4 _Bos mums (Excludes the domesticated form, which is_ referenced as Bos grunniens, and is not subject to the provisions of the Convention.) 5 _Bos sauveli_ 6 _Bubalus depressicornis_ 7 _Bubalus mindorensis_ 8 _Bubalus quarlesi_ 9 _Copra falconeri_ 10 _Capricornis milneedwardsii_ 11 _Capricornis rubidus_ 12 _Capricornis sumatraensis_ 13 _Capricornis thar_ 14 _Cephalophus jentinki_ 15 _Gazella cuvieri_ 16 _Gazella leptoceros_ 144 ----- 17 _Hippotragus niger variant_ 18 _Naemorhedus baileyi_ 19 _Naemorhedus caudatus_ 20 _Naemorhedus goral_ 21 _Naemorhedus griseus_ 22 _Nanger dama_ 23 _Oryx dammah_ 24 _Oryx leucoryx_ 25 _Ovis gmelini (Only the population of Cyprus; no_ other population is included in the Appendices) 26 _Ovis hodgsoni_ 27 _Ovis nigrimontana_ 28 _Ovis vignei_ 29 _Pantholops hodgsonii_ 30 _Pseudoryx nghetinhensis_ **Camelidae** Camels, guanacos, vicunas 31 _Vicugna vicugna [Except the populations of : Argentina_ (the populations of the Provinces of Jujuy, Catamarca and Salta, and the semi-captive populations of the Provinces of Jujuy, Salta, Catamarca, La Rioja and San Juan), Chile (populations of the region of Tarapaca and of the region of Arica and Parinacota), Ecuador (the whole population), Peru (the whole population) and the Plurinational State of Bolivia (the whole population), which are included in Appendix II] **Cervidae** Deer, huemuls, muntjacs, pudus 32 _Axis calamianensis_ 33 _Axis kuhlii_ 34 _Axis porcinus annamiticus_ 35 _Blastocerus dichotomus_ 36 _Cervus elaphus hanglu_ 37 _Dama dama mesopotamica_ 38 _Hippocamelus spp._ 39 _Muntiacus crinifrons_ 40 _Muntiacus vuquanghensis_ 41 _Ozotoceros bezoarticus_ 42 _Pudu puda_ 43 _Rucervus duvaucelii_ 145 ----- 44 _Rucervus eldii_ **Moschidae** **Musk deer** 45 _Moschus spp. (Only the populations of Afghanistan,_ Bhutan, India, Myanmar, Nepal and Pakistan; all **Suidae** Babirusa, hogs, pigs other populations are included in Appendix II) 46 _Babyrousa babyrussa_ 47 _Babyrousa bolabatitensis_ 48 _Babyrousa celebensis_ 49 _Babyrousa togeanensis_ 50 Tayassuidae Peccaries 51 _Sus salvanius_ _Catagonus wagneri_ **CARNIVORA** **Ailuridae** Red pandas 52 **Canidae** Dogs, foxes, wolves _Ailurus fulgens_ 53 _Canis lupus (Only the populations of Bhutan, India,_ Nepal and Pakistan; all other populations are included in Appendix II. Excludes the domesticated form and the dingo which are referenced as Canis lupus _familiaris and Canis lupus dingo, respectively, which_ are not subject to the provisions of the Convention) 54 **Felidae** Cats _Speothos venaticus_ 55 _Acinonyx jubatus (Annual export quotas for live_ specimens and hunting trophies are granted as follows : Botswana : 5; Namibia : 150; Zimbabwe : 50. The trade in such specimens is subject to the provisions of Article III of the Convention.) 56 _Caracal caracal (Only the population of Asia; all_ other populations are included in Appendix II.) 57 _Catopuma temminckii_ 58 _Felis nigripes_ 146 ----- 59 _Herpailurus yagouaroundi (Only the populations of_ Central and North America; all other populations are included in Appendix IT) 60 _Leopardus geoffroyi_ 61 _Leopardus guttulus_ 62 _Leopardus jacobita_ 63 _Leopardus pardalis_ 64 _Leopardus tigrinus_ 65 _Leopardus wiedii_ 66 _Lynx pardinus_ 67 _Neofelis diardi_ 68 _Neofelis nebulosa_ 69 _Panthera leo (Only the populations of India; all other_ populations are included in Appendix II.) 70 _Panthera onca_ 71 _Panthera pardus_ 72 _Panthera tigris_ 73 _Panthera uncia_ 74 _Pardofelis marmorata_ 75 _Prionailurus_ _hengalensis_ _bengalensis (Only_ the populations of Bangladesh, India and Thailand; all other populations are included in Appendix II.) 76 _Priotiailurus planiceps_ 77 _Prionailurus rubiginosus (Only the population of_ India; all other populations are included in Appendix II.) 78 _Puma concolor (Only the populations of Costa Rica_ and Panama; all other populations are included in Appendix II) **Lutrinae** Otters 79 _Aonyx capensis microdon (Only the populations of_ Cameroon and Nigeria; all other populations are included in Appendix II.) 80 _Aonyx cinerea_ 81 _Enhydra lutris nereis_ 82 _Lontra felina_ 83 _Lontra longicaudis_ 84 _Lontra provocax_ 85 _Lutra Intra_ 86 _Lutra nippon_ 87 _Lutrogale perspicillata_ 147 ----- 88 **Mustelinae** Grisons, honey badgers, martens, tayra, weasels 89 _Mustela nigripes_ _Pteronura brasdiensis_ **Otariidae** Fur seals, sealions 90 _Arctocephalus townsendi_ **Phocidae** Seals 91 _Monachus spp._ **Ursidae** Bears, giant pandas 92 _Ailuropoda melanoleuca_ 93 _Helarctos malayanus_ 94 _Melursus ursimts_ 95 _Tremarctos ornatus_ 96 _Ursus arctos (Only the populations of Bhutan, China,_ Mexico and Mongolia; all other populations are included in Appendix II.) 97 _Ursus arctos isabellinus_ 98 _Ursus thibetanus_ **Viverridae** Binturong, civets, linsangs, otter-civet, palm civets 99 _Prionodon pardicolor_ **CETACEA** **DOLPHINS, PORPOISES,** WHALES **Balaenidae** Bowhead whale, right whales 100 _Balaena mysticetus_ 101 _Eubalaena spp._ **Balaenopteridae** Fin whales, humpback whales, rorquals 102 _Balaenoptera acutorostrata (Except the population of_ West Greenland, this is included in Appendix II.) 103 _Balaenoptera bonaerensis_ 104 _Balaenoptera borealis_ 105 _Balaenoptera edeni_ 148 ----- 106 _Balaenoptera musculus_ 107 _Balaenoptera omurai_ 108 _Balaenoptera physalus_ 109 _Megaptera novaeangliae_ **Delphinidae** Dolphins 110 _Orcaella brevirostris_ 111 _Orcaella heinsohni_ 112 _Sotalia spp._ 113 _Soma_ spp. **Eschrichtiidae** Grey whale 114 _Eschrichtius robustus_ **Iniidae** River dolphins 115 _Lipotes vexillifer_ **Neobalaenidae** Pygmy right whale 116 _Caperea marginata_ **Phocoenidae** Porpoises 117 _Neophocaena asiaeorientalis_ 118 _Neophocaena phocaenoides_ 119 _Phocoena sinus_ **Physeteridae** Sperm whales 120 _Physeter macrocephalus_ **Platanistidae** River dolphins 121 _Platanista spp._ **Ziphiidae** Beaked whales, bottle-nosed whales 122 _Berardius spp._ 123 _Hyperoodon spp._ **CHIROPTERA** **Pteropodidae** Fruit bats, flying foxes 124 _Acerodon jubatus_ 125 _Pteropus insularis_ 149 ----- 126 _Pteropus loochoensis_ 127 _Pteropus mariannus_ 128 _Pteropus molossinus_ 129 _Pteropus pelewensis_ 130 _Pteropus pilosus_ 131 _Pteropus samoensis_ 132 _Pteropus tonganus_ 133 _Pteropus ualanus_ 134 **CINGULATA** **Dasypodidae** Armadillos 135 **DASYUROMORPHlA** **Dasyuridae** Dunnarts _Pteropus yapensis_ _Priodontes maximus_ 136 _Sminthopsis longicaudata_ 137 **DIPROTODONTIA** **Macropodidae** Kangaroos, wallabies _Sminthopsis psammophila_ 138 _Lagorchestes hirsutus_ 139 _Lagostrophus fasciatus_ 140 **Potoroidae** Rat-kangaroos 141 **Vombatidae** Wombats 142 **LAGOMORPHA** **Leporidae** Hares, rabbits _Onychogalea fraenata_ _Bettongia spp._ _Lasiorhinus krefftii_ 143 _Caprolagus hispidus_ 144 **PERAMELEMORPHIA** **Peramelidae** Bandicoots, echymiperas 145 _Romerolagus diazi_ _Perameles bougainville_ **Thylacomyidae** Bilbies 150 ----- 146 _Macrotis lagotis_ **PERISSODACTYLA** **Equidae** Horses, wild asses, zebras 147 _Equus africanus (Excludes the domesticated form,_ which is referenced as Equus asinus and is not subject to the provisions of the Convention.) 148 _Equus grevyi_ 149 _Equus hemionus hemionus_ 150 _Equus hemionus khur_ 151 _Equus przewalskii_ **Rhinocerotidae** Rhinoceroses 152 Rhinocerotidae spp. (Except the species included in Appendix II) **Tapiridae** Tapirs 153 Tapiridae spp. (Except the species included in Appendix II) **PHOLIDOTA** **Manidae** Pangolins 154 _Manis crassicaudata_ 155 _Manis culionensis_ 156 _Manis gigantea_ 157 _Manis javanica_ 158 _Manis pentadactyla_ 159 _Manis temminckii_ 160 _Manis tetradactyla_ 161 _Manis iricuspis_ **PRIMATES** **APES, MONKEYS** **Atelidae** Howler monkeys, spider monkeys 162 _Alouatta coibensis_ 163 _Alouatta palliata_ 164 _Alouatta pigra_ 165 _Ateles geoffroyi frontatus_ 166 _Ateles geoffroyi oraatus_ 167 _Brachyteles arachnoides_ 168 _Brachyteles hypoxanthus_ 151 ----- 169 _Oreonax flavicauda_ **Cebidae** Marmosets, tamarins, newworld monkeys 170 _Callimico goeldii_ 171 _Callithrix aurita_ 172 _Callithrix fla viceps_ 173 _Leontopithecus spp._ 174 _Saguinus bicolor_ 175 _Saguinus geoffroyi_ 176 _Saguinus leucopus_ 177 _Saguinus martinsi_ 178 _Saguinus oedipus_ 179 _Saimiri oerstedii_ **Cercopithecidae** Old-world monkeys 180 _Cercocebits galeritus_ 181 _Cercopithecus diana_ 182 _Cercopithecus roloway_ 183 _Macaca silenus_ 184 _Macaca syhanus_ 185 _Mandrillus leucophaeus_ 186 _Mandrillus sphinx_ 187 _Nasalis larvatus_ 188 _Piliocolobus kirkii_ 189 _Piliocolobus mfomitratus_ 190 _Presbytis potenziani_ 191 _Pygathrix spp._ 192 _Rhinopithecus spp._ 193 _Semnopithecus ajax_ 194 _Semnopithecus dussumieri_ 195 _Semnopithecus entellus_ 196 _Semnopithecus hector_ 197 _Semnopithecus hypoieucos_ 198 _Semnopithecus priam_ 199 _Semnopithecus schistaceus_ 200 _Simias concolor_ 201 _Trachypithecus geei_ 202 _Trachypithecus pileatus_ 203 _Trachypithecus shortridgei_ 152 ----- **Cheirogaleidae** Dwarf lemurs 204 Cheirogaleidae spp. **Daubentoniidae** Aye-aye 205 _Daubentonia madagasca riensis_ **Hominidae** Apes, chimpanzees, gorillas, orang-utans 206 _Gorilla beringei_ 207 _Gorilla gorilla_ 208 _Pan spp._ 209 _Pongo abelii_ 210 _Pongo pygmaeus_ **Hylobatidae** Gibbons 211 Hylobatidae spp. **Indriidae** Indris, sifakas, woolly lemurs 212 Indriidae spp. **Lemuridae** Large lemurs 213 Lemuridae spp. **Lepilemuridae** Sportive lemurs 214 Lepilemuridae spp. **Lorisidae** Lorises 215 _Nycticebus spp._ **Pitheciidae** Sakis, uakaris 216 _Cacajao spp._ 217 _Chiropotes albinasus_ **PROBOSCIDEA** **Elephantidae** Elephants 218 _Elephas maximus_ 153 ----- 219 _Loxodonta africana (Except the populations of_ Botswana, Namibia, South Africa and Zimbabwe, which are included in Appendix II subject to annotation 2) **RODENTIA** **Chinchillidae** Chinchillas 220 _Chinchilla spp. (Specimens of the domesticated form_ are not subject to the provisions of the Convention) **Sciuridae** Ground squirrels, tree squirrels 221 _Cynomys mexicanus_ **SIRENIA Dugongidae** Dugong 222 _Dugong dugon_ **Trichechidae** Manatees 223 _Trichechus inunguis_ 224 _Trichechus manatus_ 225 _Trichechus senegalensis_ **CLASS AVES (BIRDS)** **ANSERIFORMES Anatidae** Ducks, geese, swans, etc. 226 _Anas aucklandica_ 227 _Anas chlorotis_ 228 _Anas laysanensis_ 229 _Anas nesiotis_ 230 _Asarcomis scutulata_ 231 _Branta canadensis leucopareia_ 232 _Branta sandvicensis_ 233 _Rhodonessa caryophyllacea_ **APODIFORMES Trochilidae** Hummingbirds 234 _Glaucis dohrnii_ **CHARADRIIFORMES** 154 ----- **Laridae** Gulls 235 _Larus relictus_ **Scolopacidae** Curlews, greenshanks 236 _Numenius borealis_ 237 _Numenius tenuirostris_ 238 _Tringa guttifer_ **CICONIIFORMES Ciconiidae** Storks 239 _Ciconia boyciana_ 240 _Jabiru mycteria_ 241 _Mycteria cinerea_ **Threskiornithidae** Ibises, spoonbills 242 _Geronticus eremita_ 243 _Nipponia nippon_ **COLUMBIFORMES** **Columbidae** Doves, pigeons 244 _Caloenas nicobarica_ 245 _Ducula mindorensis_ **CORACIIFORMES Bucerotidae** Hornbills 246 _Aceros nipalensis_ 247 _Buceros bicornis_ 248 _Rhinoplax vigil_ 249 _Rliyticeros subruficollis_ **FALCONIFORMES Accipitridae** Hawks, eagles 250 _Aquilo adalberti_ 251 _Aquila heliaca_ 252 _Chondrohierax uncinates wilsonii_ 253 _Haliaeetus albicilla_ 254 _Harpia harpyja_ 255 _Pithecophaga jefferyi_ 155 ----- **Cathartidae** New-world vultures 256 _Gymnogyps californianus_ 257 _Vultur gryphus_ **Falconidae** Falcons 258 _Falco araeus_ 259 _Falco jugger_ 260 _Falco newtoni (Only the population of Seychelles.)_ 261 _Falco pelegrinoides_ 262 _Falco peregrinus_ 263 _Falco punctatus_ 264 _Falco rusticolus_ **GALLIFORMES Cracidae** Chachalacas, currassows, guans 265 _Crax blumenbachii_ 266 _Mitu mitu_ 267 _Oreophasis derbianus_ 268 _Penelope albipennis_ 269 _Pipile jacutinga_ 270 _Pipile pipile_ **Megapodiidae** Megapodes, scrubfowl 271 _Macrocephalon maleo_ **Phasianidae** Grouse, guineafowl, partridges, peafowl, pheasants, tragopans 272 _Catreus wallichii_ 273 _Colinus virginianus ridgwayi_ 274 _Cross optil on crossoptilon_ 275 _Crossoptilon mantchuricum_ 276 _Lophophonts impejanus_ 277 _Lophophorus lhuysii_ 278 _Lophophoms sclateri_ 279 _Lophura edwardsi_ 280 _Lophura swinlwii_ 281 _Polyplectron napoleonis_ 282 _Rheinardia ocellata_ 283 _Syrmaticus ellioti_ 156 ----- 284 _Syrmaticus humiae_ 285 _Syrmaticus mikado_ 286 _Tetraogallus caspius_ 287 _Tetraogallus tibetanus_ 288 _Tragopan blythii_ 289 _Tragopan caboti_ 290 _Tragopan tnelanocephalus_ **GRUIFORMES** **Gruidae** Cranes 291 _Balearica pavonina_ 292 _Grits americana_ 293 _Grus canadensis nesiotes_ 294 _Grits canadensis pulla_ 295 _Grus japonensis_ 296 _Grus leucogeranus_ 297 _Grus monacha_ 298 _Grus nigricollis_ 299 _Grus vipio_ **Otididae** Bustards 300 _Ardeotis nigriceps_ 301 _Chlamydotis macqueenii_ 302 _Chlamydotis undulata_ 303 _Houbaropsis bengalensis_ **Rallidae** Rails 304 _Gallirallus sylvestris_ **Rhynochetidae** Kagu 305 _Rhynochetos jubatus_ **PASSERIFORMES** **Atrichornithidae** Scrub-birds 306 _Atrichornis clamosus_ **Cotingidae** Cotingas 307 _Cotinga maculata_ 308 _Xipholena atropurpurea_ **Fringillidae** Finches 157 ----- 309 _Carduelis cucullata_ **Hirundinldae Martins** 310 _Pseudochelidon sirintarae_ **Icteridae** **New-world blackbirds** 311 _Xanth opsar flavus_ **Muscicapidae** **Old-world flycatchers** 312 _Picathartes gymnocephalus_ 313 _Picathartes oreas_ **Pittidae Pittas** 314 _Pitta gurneyi_ 315 _Pitta kochi_ **Sturnidae** **Mynas, starlings** 316 _Leucopsar rothschildi_ **Zosteropidae** **White-eyes** 317 _Zosterops albogularis_ **PELECANIFORMES Fregatidae** **Frigatebirds** 318 _Fregata andrewsi_ **Pelecanidae** **Pelicans** 319 _Pelecanus crispus_ **Sulidae** **Gannets** 320 _Papasula abbotti_ **PICIFORMES Picidae** **Woodpeckers** 321 _Dryocopus javensis richardsi_ **PODICIPEDIFORMES Podicipedidae** **Grebes** 322 _Podilymbus gigas_ **PROCELLARIIFORMES** **Diomedeidae** **Albatrosses** 158 ----- 323 _Phoebastria albatnis_ **PSITTACIFORMES** **Cacatuidae** **Cockatoos** 324 _Cacatua goffiniana_ 325 _Cacatua haematuropygia_ 326 _Cacatua moluccensis_ 327 _Cacatua sulphurea_ 328 _Probosciger aterrimus_ **Loriidae** **Lories, lorikeets** 329 _Eos histrio_ 330 _Vini ultramarina_ **Psittacidae** **Amazons, macaws,** **parakeets, parrots** 331 _Amazona arausiaca_ 332 _Amazona auropalliata_ 333 _Amazona barbadensis_ 334 _Amazona brasiliensis_ 335 _Amazona finschi_ 336 _Amazona guildingii_ 337 _Amazona imperialis_ 338 _Amazona leucocephala_ 339 _Amazona oratrix_ 340 _Amazona pretrei_ 341 _Amazona rhodocorytha_ 342 _Amazona tucumana_ 343 _Amazona versicolor_ 344 _Amazona vinacea_ 345 _Amazona viridigenalis_ 346 _Amazona vittata_ 347 _Anodorhynchus spp._ 348 _Ara ambiguus_ 349 _Ara glaucogularis_ 350 _Ara macao_ 351 _Ara militaris_ 352 _Ara rubrogenys_ 353 _Cyanopsitta spixii_ 354 _Cyanoramphus cookii_ 355 _Cyanoramphus forbesi_ 159 ----- 356 _Cyanoramphus novaezelandiae_ 357 _Cyanoramphus saisseti_ 358 _Cyclopsitta diophthalma coxeni_ 359 _Eunymphicus comutus_ 360 _Guarouba guarouba_ 361 _Neophema chrysogaster_ 362 _Ognorhynchus icterotls_ 363 _Pezoporus occidentalis_ 364 _Pezoporus wallicus_ 365 _Pionopsitta pileata_ 366 _Primolius couloni_ 367 _Primolius maracana_ 368 _Psephotus chrysopterygius_ 369 _Psephotus dissimilis_ 370 _Psephotus pulcherrimus_ 371 _Psittacula echo_ 372 _Psittacus erithacus_ 373 _Pyrrhura cruentata_ 374 _Rhynchopsitta spp._ 375 _Strigops habroptila_ **RHEIFORMES** **Rbeidae** **Rheas** 376 _Pterocnemia pennata (Except Pterocnemia pennata_ _pennata which is included in Appendix II)_ **SPHENISCIFORMES** **Spheniscidae** **Penguins** 377 _Spheniscus humboldti_ **STRIGIFORMES** **Strigidae** **Owls** 378 _Heteroglaiix btewitti_ 379 _Mimizuku gurneyi_ 380 _Ninox natalis_ **Tytonidae** **Bam owls** 381 _Tyto soumagnei_ 160 ----- **STRUTHIONIFORMES** **Struthionidae** **Ostriches** 382 _Struthio camelus (Only the populations of Algeria,_ Burkina Faso, Cameroon, the Central African Republic, Chad, Mali, Mauritania, Morocco, the Niger, Nigeria, Senegal and the Sudan; all other populations are not included in the Appendices) **TINAMIFORMES Tinamidae** **Tinamous** 383 _Tinamus solitarius_ **TROGONIFORMES Trogonidae** **Quetzals** 384 _Pharomachrus mocinno_ **CLASS REPTDLIA CROCODYLIA** **Alligatoridae** **Alligators, caimans** 385 _Alligator sinensis_ 386 _Caiman crocodilus opaporiensis_ 387 _Caiman_ _latirostris (Except_ the population of Argentina, which is included in Appendix II.) 388 _Melanosuchus niger (Except for the population of_ Brazil, which is included in Appendix II, and the population of Ecuador, which is included in Appendix II and is subject to a zero annual export quota until an annual export quota has been approved by the CITES Secretariat and the IUCN/SSC Crocodile Specialist Group.) **Crocodylidae** **Crocodiles** 389 _Crocodylus acutus (Except the population of the_ Integrated Management District of Mangroves of the Bay of Cispata, Tinajones, La Balsa and Surrounding Areas, Department of Cordoba, Colombia, and the population of Cuba, which are included in Appendix II; and the population of Mexico, which is included in Appendix II and is subject to a zero export quota for wild specimens for commercial purposes) 390 _Crocodylus cataphractus_ 161 ----- 391 _Crocodylus intermedins_ 392 _Crocodylus mindorensis_ 393 _Crocodylus moreletii (Except the population of_ Belize, which is included in Appendix II with a zero quota for wild specimens traded for commercial purposes, and the population of Mexico, which is included in Appendix II.) 394 _Crocodylus niloticus [Except the populations of_ Botswana, Egypt (subject to a zero quota for wild specimens traded for commercial purposes), Ethiopia, Kenya, Madagascar, Malawi, Mozambique, Namibia, South Africa, Uganda, the United Republic of Tanzania (subject to an annual export quota of no more than 1,600 wild specimens including hunting trophies, in addition to ranched specimens), Zambia and Zimbabwe, which are included in Appendix IT] 395 _Crocodylus palustris_ 396 _Crocodylus porosus [Except the populations of_ Australia, Indonesia, Malaysia [wild harvest restricted to the State of Sarawak and a zero quota for wild specimens for the other States of Malaysia (Sabah and Peninsular Malaysia), with no change in the zero quota unless approved by the Parties] and Papua New Guinea, which are included in Appendix II.} 397 _Crocodylus rhombifer_ 398 _Crocodylus siamensis_ 399 _Osteolaemus tetraspis_ 400 _Tomistoma. schlegelii_ **Gavialidae** **Gavials** 401 _Gavialis gangeticus_ **RHYNCHOCEPHALIA** **Sphenodontidae** **Tuataras** 402 **SAURIA** _Sphenodon spp._ **Agamidae** **Spiny-tailed lizards, agamas** 403 _Ceratophora erdeleni_ 404 _Ceratophora karu_ 162 ----- 405 _Ceratophora tennentii_ 406 _Cophotis ceylanica_ 407 _Cophotis dumbara_ **Anguidae** **Alligator lizards** 408 _Abronia anzuetoi_ 409 _Abronia campbelli_ 410 _Abronia fimbriata_ 411 _Abronia frosti_ 412 _Abronia meledona_ **Chamaeleonidae** Chameleons 413 _Brookesia perarmata_ **Gekkonidae** Geckos 414 _Cnemaspis psychedelica_ 415 _Gonatodes daudini_ 416 _Lygodactylus williamsi_ **Helodermatidae** Beaded lizards, Gila monsters 417 _Heloderma horridum charlesbogerti_ **Iguanidae** Iguanas 418 _Brachylophus spp._ 419 _Cyclura spp._ 420 _Sauromalus varius_ **Lacertidae** Lizards 421 _Gallotia simonyi_ **Varanidae** Monitor lizards 422 _Varanus bengalensis_ 423 _Varanus flavescens_ 424 _Varanus griseus_ 425 _Varanus komodoensis_ 426 _Varanus nebulosus_ **Xenosauridae** Chinese crocodile lizard 427 _Shinisaurus crocodilurus_ 163 ----- **SERPENTES Boidae** Boas 428 _Acrantophis spp._ 429 _Boa constrictor occidentalis_ 430 _Epicrates inornatus_ 431 _Epicrates monensis_ 432 _Epicrates subflavus_ 433 _Sanzinia madagascariensis_ **Bolyeriidae** Round Island boas 434 _Bolyeria multocarinata_ 435 _Casarea dussumieri_ **Pythonidae** Pythons 436 _Python molurus molurus_ **Viperidae** Vipers 437 _Vipera ursinii (Only the population of Europe, except_ the area which formerly constituted the Union of Soviet Socialist Republics; these latter populations are not included in the Appendices.) **TESTUDINES Chelidae** Austro-American sideneck turtles 438 _Pseudemydura umbrina_ **Cheloniidae** Sea turtles 439 Cheloniidae spp. **Dermochelyidae** Leatherback turtles 440 _Dermochelys coriacea_ **Emydidae** Box turtles, freshwater turtles 441 _Glyptemys muhlenbergii_ 442 _Terrapene coahuila_ 164 ----- **Geoemydidae** Box turtles, freshwater turtles 443 _Batagur affinis_ 444 _Batagur baska_ 445 _Cuora bourreti_ 446 _Cuora picturata_ 447 _Geoclemys hamiltonii_ 448 _Mauremys annamensis_ 449 _Melanochelys tricarinata_ 450 _Morenia ocellata_ 451 _Pangshura tecta_ **Platysternidae** Big-headed turtles 452 Platysternidae spp. **Testudinidae** Tortoises 453 _Astrochelys radiata_ 454 _Astrochelys yniphora_ 455 _Chelonoidis niger_ 456 _Geochelone elegans_ 457 _Geochelone platynota_ 458 _Gopherus flavomarginatus_ 459 _Malacochersus tornieri_ 460 _Psammobates geometricus_ 461 _Pyxis arachnoides_ 462 _Pyxis planicauda_ 463 _Testudo kleinmanni_ **Trionychidae** Softshell turtles 464 _Apalone spinifera atra_ 465 _Chitra chitra_ 466 _Chitra vandijki_ 467 _Nilssonia gangetica_ 468 _Nilssonia hurum_ 469 _Nilssonia nigricans_ **CLASS AMPHIBIA** **ANURA** **Bufonidae** Toads 165 ----- 470 _Altiphrynoides spp._ 471 _Amietophrynus channingi_ 472 _Amietophrynus superciliaris_ 473 _Atelopus zeteki_ 474 _Incilius periglenes_ 475 _Nectophrynoides spp._ 476 _Nimbaphrynoides spp._ **Telmatobiidae** Andean water frogs 477 _Telmatobius culeus_ **CAUDATA Cryptobranchidae** Giant salamanders 478 _Andrias spp._ **Salamandridae** Newts and salamanders 479 _Neurergus kaiseri_ **CLASS ELASMOBRANCHII** **(SHARKS)** **PRISTIFORMES Pristidae** Sawfishes 480 Pristidae spp. **CLASS ACTINOPTERI (FISHES)** **ACIPENSERIFORMES Acipenseridae** Sturgeons 481 _Acipenser brevirostmm_ 482 _Acipenser sturio_ **CYPRINIFORMES Catostomidae** Cui-ui 483 _Chasmistes cuius_ **Cyprinidae** Carps 484 _Probarbus jullieni_ 166 ----- **OSTEOGLOSSIFORMES** **Osteoglossidae** Bonytongue 485 _Scleropages formosus_ 486 _Scleropages inscriptus_ **PERCIFORMES Sciaenidae** Totoaba 487 _Totoaba macdonaldi_ **SILURIFORMES Pangasiidae** Pangasid catfish 488 _Pangasianodon gigas_ **CLASS COELACANTHI** **(COELACANTHS)** **COELACANTHIFORMES** **Latimeriidae** Coelacanths 489 _Latimeria spp._ **PHYLUM** **ARTHROPODA** **CLASS** **INSECTA (INSECTS)** **LEPIDOPTERA Papilionidae** Birdwing butterflies, swallowtail butterflies 490 _Achillides chikae chikae_ 491 _Achillides chikae hermeli_ 492 _Ornithoptera alexandrae_ 493 _Papilio homerus_ 494 _Parides burchellanus_ **PHYLUM MOLLUSCA** 167 ----- **CLASS BIVALVIA (CLAMS AND** **MUSSELS)** **UNIONOIDA** **Unionidae Freshwater** mussels, pearly mussels 495 _Conradilla caelata_ 496 _Dromus dromas_ 497 _Epioblasma curtisii_ 498 _Epioblasma florentina_ 499 _Epioblasma sampsonii_ 500 _Epioblasma sulcata perobliqua_ 501 _Epioblasma torulosa gubernaculum_ 502 _Epioblasma torulosa torulosa_ 503 _Epioblasma turgidula_ 504 _Epioblasma walkeri_ 505 _Fusconaia cuneolus_ 506 _Fusconaia edgariana_ 507 _Lampsilis higginsii_ 508 _Lampsilis orbiculata orbiculata_ 509 _Lampsilis satur_ 510 _Lampsilis virescens_ 511 _Plethobasus cicatricosus_ 512 _Plethobasus cooperianus_ 513 _Pleurobema plenum_ 514 _Potamilus capax_ 515 _Quadrula intermedia_ 516 _Quadrula sparsa_ 517 _Toxolasma cylindrella_ 518 _Unio nickliniana_ 519 _Unio tampicoensis tecomatensis_ 520 _Villosa trabalis_ CLASS GASTROPODA (SNAILS AND CONCHES) STYLOMMATOPHORA **Achatinellidae** Agate snails, oahu tree snails 521 _Achatinella spp._ **Cepolidae** Helicoid terrestrial snails 522 _Polymita spp._ 168 ----- **FLORA (PLANTS)** **AGAVACEAE** Agaves 523 _Agave parviflora_ **APOCYNACEAE** **Elephant trunks, hoodias** 524 _Pachypodium ambongense_ 525 _Pachypodium baronii_ 526 _Pachypodium decaryi_ **ARAUCARIACEAE** **Monkey-puzzle trees** 527 _Araucaria araucana_ **CACTACEAE Cacti** 528 _Ariocarpus spp._ 529 _Astrophytum asterias_ 530 _Aztekium ritteri_ 531 _Coryphantha werdermannii_ 532 _Discocactus spp._ 533 _Echinocereus ferreiranus ssp. lindsayorum_ 534 _Echinocereus schmollii_ 535 _Escobaria minima_ 536 _Escobaria sneedii_ 537 _Mammillaria pectinifera (Includes ssp. solisioides)_ 538 _Melocactus conoideus_ 539 _Melocactus deinacanthus_ 540 _Melocactus glaucescens_ 541 _Melocactus paucispinus_ 542 _Obregonia denegrii_ 543 _Pachycereus militaris_ 544 _Pediocactus bradyi_ 545 _Pediocactus knowltonii_ 546 _Pediocactus paradinei_ 547 _Pediocactus peeblesianus_ 548 _Pediocactus sileri_ 169 ----- 549 _Pelecyphora spp._ 550 _Sclerocactus blainei_ 551 _Sclerocactus brevihamatus ssp. tobuschii_ 552 _Sclerocactus brevispinus_ 553 _Sclerocactus cloverae_ 554 _Sclerocactus erectocentrus_ 555 _Sclerocactus glaucus_ 556 _Sclerocactus mariposensis_ 557 _Sclerocactus mesae-verdae_ 558 _Sclerocactus nyensis_ 559 _Sclerocactus papyracanthus_ 560 _Sclerocactus pubispinus_ 561 _Sclerocactus sileri_ 562 _Sclerocactus wetlandicus_ 563 _Sclerocactus wrightiae_ 564 _Strombocactus spp._ 565 _Turbinicarpus spp._ 566 _Uebelmannia spp._ **COMPOSITAE** **(Asteraceae) Kuth** 567 _Saussurea costus_ **CUPRESSACEAE** Alerce, cypresses 568 _Fitzroya cupressoides_ 569 _Pilgerodendron uviferum_ **CYCADACEAE** Cycads 570 _Cycas beddomei_ **EUPHORBIACEAE** Spurges 571 _Euphorbia ambovombensis_ 572 _Euphorbia capsaintemariensis_ 573 _Euphorbia cremersii (Includes the forma_ _viridifolia and the variety rakotozafyi.)_ 574 _Euphorbia cylindrifolia (Includes the_ subspecies tuberifera.) 575 _Euphorbia decaryi (Includes the_ varieties ampanihyensis, robinsonii and spirosticha.) 576 _Euphorbia francoisii_ 577 _Euphorbia moratii (Includes the_ 170 ----- varieties antsingiensis, bemarahensis and multiflora.) 578 _Euphorbia parvicyathophora_ 579 _Euphorbia quartziticola_ 580 _Euphorbia tulearensis_ **FOUQUIERIACEAE** **Ocotillos** 581 _Fouquieriafasciculata_ 582 _Fouquieria purpusii_ **LEGUMINOSAE (Fabaceae)** Afrormosia, Cristobal, palisander, rosewood, sandalwood 583 _Dalbergia nigra_ **LILIACEAE Aloes** 584 _Aloe albida_ 585 _Aloe albiflora_ 586 _Aloe alfredii_ 587 _Aloe bakeri_ 588 _Aloe bellatula_ 589 _Aloe calcairophila_ 590 _Aloe compressa (Includes the_ varieties paucituberculata, _rugosquamosa and schistophila.)_ 591 _Aloe delphinensis_ 592 _Aloe descoingsii_ 593 _Aloe fragilis_ 594 _Aloe haworthioides (Includes the variety aurantiaca.)_ 595 _Aloe helenae_ 596 _Aloe laeta (Includes the variety maniaensis.)_ 597 _Aloe parallelifolia_ 598 _Aloe parvula_ 599 _Aloe pillansii_ 600 _Aloe polyphylla_ 601 _Aloe rauhii_ 602 _Aloe suzannae_ 603 _Aloe versicolor_ 171 ----- 604 _Aloe vossii_ **NEPENTHACEAE** Pitcher-plants (Old World) 605 _Nepenthes khasiana_ 606 _Nepenthes rajah_ ORCHIDACEAE Orchids For all of the following Appendix-I orchid species, seedling or tissue cultures obtained in vitro, in solid or liquid media, and transported in sterile containers are not subject to the provisions of the Convention only if the specimens meet the definition of ‘artificially propagated’ agreed by the Conference of the Parties 607 _Aerangis ellisii_ 608 _Cattleya jongheana_ 609 _Cattleya lobata_ 610 _Dendrobium cruentum_ 611 _Mexipedium xerophyticum_ 612 _Paphiopedilum spp._ 613 _Peristeria elata_ 614 _Phragmipedium spp._ 615 _Renanthera imschootiana_ **PALMAE** (Arecaceae) Palms 616 _Dypsis decipiens_ **PINACEAE** Firs and pines 617 _Abies guatemalensis_ **PODOCARPACEAE** Podocarps 618 _Podocarpus parlatorei_ **RUBIACEAE** Ayugue 619 _Balmea storniiae_ **SARRACENIACEAE** Pitcher-plants (New World) 620 _Sarracenia oreophila_ 621 _Sarracenia rubra ssp. alabamensis_ 622 _Sarracenis rubra ssp. jonesii_ **STANGERIACEAE** Stangerias 172 ----- 623 _Stangeria eriopus_ **ZAMIACEAE Cycads** 624 _Ceratozamia spp._ 625 _Encephalartos spp._ 626 _Microcycas calocoma_ 627 _Zamia restrepoi]_ 173 ----- **APPENDIX II** **FAUNA (ANIMALS)** **PHYLUM CHORDATA** **CLASS MAMMALIA** **(MAMMALS)** **Bovidae** Antelopes, cattle, duikers, gazelles, goats, sheep, etc. 1 _Ammotragus lervia_ 2 _Budorcas taxicolor_ 3 _Copra caucasica_ 4 _Cephalophus brookei_ 5 _Cephalophus dorsalis_ 6 _Cephalophus ogilbyi_ 7 _Cephalophus silvicultor_ 8 _Cephalophus zebra_ 9 _Damaliscus pygargus pygargus_ 10 _Kobus leche_ 11 _Ovis ammon_ 12 _Ovis arabica_ 13 _Ovis bocfiariensis_ 14 _Ovis canadensis (Only the population of Mexico; no other_ population is included in the Appendices.) 15 _Ovis collium_ 16 _Ovis cycloceros_ 17 _Ovis darwini_ 18 _Ovisjubata_ 19 _Ovis karelini_ 20 _fris polii_ 21 _Ovis punjabiensis_ 22 _Ovis severtzovi_ 174 ----- 23 _Philantomba monticola_ 24 _Rupicapra pyrenaica ornata_ 25 _Saiga borealis (A zero export quota for wild specimens_ traded for commercial purposes) 26 _Saiga tatarica (A zero export quota for wild specimens traded_ for commercial purposes) **Camelidae** Camels, guanacos, vicunas 27 _Lama guanicoe_ 28 _Vicugna vicugna_ 1[Only the populations of Argentina (the populations of the Provinces of Jujuy, Catamarca and Salta, and the semi-captive populations of the Provinces of Jujuy, Salta, Catamarca, La Rioja and San Juan), Chile (populations of the region of Tarapaca and of the region of Arica and Parinacota), Ecuador (the whole population), Peru (the whole population) and the Plurinational State of Bolivia (the whole population); all other populations are included in Appendix I] **Cervidae** Deer, huemuls, muntjacs, pudus 31 _Cervus elaphus bactrianus_ 32 _Pudu mephistophiles_ **Giraffidae** Giraffes 33 _Giraffa camelopardalis_ **Hippopotaraidae** Hippopotamuses 34 _Hexaprotodon liberiensis_ 35 _Hippopotamus amphibius_ Moschidae Musk deer 36 _Moschus spp. (Except the populations of Afghanistan,_ Bhutan, India, Myanmar, Nepal and Pakistan, which are included in Appendix I.) **Tayassuidae** Peccaries 37 Tayassuidae spp. (Except the species included in Appendix I and the populations of Pecari tajacu of Mexico and the United States of America, which are not included in the Appendices) 175 ----- **CARNIVORA** **Canidae** Dogs, foxes, wolves 38 _Canis lupus (Except the populations of Bhutan, India, Nepal_ and Pakistan, which are included in Appendix I. Excludes the domesticated form and the dingo which are referenced as Canis lupus familiaris and Canis lupus dingo, respectively, which are not subject to the provisions of the Convention) 39 _Cerdocyon thous_ 40 _Chrysocyon brachyurus_ 41 _Cuon alpinus_ 42 _Lycalopex culpaeus_ 43 _Lycalopex fulvipes_ 44 _Lycalopex griseus_ 45 _Lycalopex gymnocercus_ 46 _Vulpes cana_ 47 _Vulpes zerda_ **Eupleridae** Fossa, falanouc, Malagasy civets 48 _Cryptoprocta ferox_ 49 _Eupleres goudotii_ 50 _Fossa fossana_ **Felidae** Cats Felidae spp. [Except the species included in Appendix I. Excludes specimens of the domesticated form, which are not subject to the provisions of the Convention. For Panthera leo (African populations) : a zero annual export quota is established for specimens of bones, bone pieces, bone products, claws, skeletons, skulls and teeth removed from the wild and traded for commercial purposes. Annual export quotas for trade in bones, bone pieces, bone products, claws. skeletons, skulls and teeth for commercial purposes, derived from captive breeding operations in South Africa, will be established and communicated annually to the CITES Secretariat.] **Mephitidae** Skunks 52 **Lutrinae** _Conepatus humboldtii_ Otters 53 Lutrinae spp. (Except the species included in Appendix I) 176 ----- **Otariidae** Fur seals, sealions 54 _Arctocephalus spp._ (Except the species included in Appendix I) **Phocidae** Seals 55 _Mirounga leonine_ **Ursidae** Bears, giant pandas 56 Ursidae spp. (Except the species included in Appendix I) **Viverridae** Binturong, civets, linsangs, ottercivet, palm civets 57 _Cynogale bennettii_ 58 _Hemigalus derbyanus_ 59 _Prionodon linsang_ **CETACEA** Dolphins, porpoises, whales CETACEA SPP. (Except for the species included in Appendix I. A zero annual export quota has been established for live specimens from the Black Sea population of Tursiops truncatus removed from the wild and traded for primarily commercial purposes.) **CHIROPTERA** **Pteropodidae** Fruit bats, flying foxes 61 _Acerodon spp. (Except the species included in Appendix I)_ 62 _Pteropus spp. (Except the species included in Appendix I)_ **CINGULATA** **Dasypodidae** Armadillos 63 _Chaetophractus nationi_ (A zero annual export quota has been established. All specimens shall be deemed to be specimens of species included in Appendix I and the trade in them shall be regulated accordingly.) **DIPROTODONTIA** **Macropodidae** Kangaroos, wallabies 177 ----- 64 _Dendrolagus inustus_ 65 _Dendrolagus ursinus_ **Phalangeridae** Cuscuses 66 _Phalanger intercastellanus_ 67 _Phalanger mimicus_ 68 _Phalanger orientalis_ 69 _Spilocuscus kraemeri_ 70 _Spilocuscus maculatus_ 71 _Spilocuscus papuensis_ **MONOTREMATA** **Tachyglossidae** Echidnas, spiny anteaters 72 _Zaglossus spp._ **PERISSODACTYLA** **Equidae** Horses, wild asses, zebras 73 _Equus hemionus (Except the species included in Appendix I)_ 74 _Equus kiang_ 75 _Equus zebra hartmannae_ 76 _Equus zebra zebra_ **Rhinocerotidae** Rhinoceroses _Ceratotherium simum simum (Only the populations of_ Eswatini and South Africa; all other populations are included in Appendix I. For the exclusive purpose of allowing international trade in live animals to appropriate and acceptable destinations and hunting trophies. All other specimens shall be deemed to be specimens of species included in Appendix I and the trade in them shall be regulated accordingly.) **Tapiridae** Tapirs 78 _Tapirus terrestris_ **[PHOLIDOTA ]** **Manidae** Pangolins 79 _Manis spp. (Except the species included in Appendix I)_ **[PILOSA ]** **Bradypodidae** Three-toed sloths 80 _Bradypus pygmaeus_ 178 ----- 81 _Bradypus variegatus_ **Myrmecophagidae** American anteaters 82 _Myrmecophaga tridactyla_ **PRIMATES** Apes, monkeys 83 PRIMATES SPP. (Except the species included in Appendix I) **PROBOSCIDEA Elephantidae** Elephants 84 _Loxodonta africana (Only the populations of Botswana,_ Namibia, South Africa and Zimbabwe; all other populations are included in Appendix I) **RODENTIA Muridae** Mice, rats 85 _Leporillus conditor_ 86 _Pseudomys fieldi_ 87 _Xeromys myoides_ 88 _Zyzomys pedunculatus_ **Sciuridae** Ground squirrels, tree squirrels 89 _Ratufa spp._ **SCANDENTIA** Tree shrews 90 SCANDENTIA SPP. **CLASS AVES** **ANSERIFORMES Anatidae** Ducks, geese, swans, etc. 91 _Anas bernieri_ 92 _Anas formosa_ 93 _Branta ruficollis_ 94 _Coscoroba coscoroba_ 95 _Cygnus melancoryphas_ 96 _Dendrocygna arborea_ 97 _Oxyura leucocephala_ 98 _Sarkidiornis melanotos_ 179 ----- **APODIFORMES Trochilidae** Hummingbirds 99 Trochilidae spp. (Except the species included in Appendix I) **CICONIIFORMES** **Balaenicipitidae** Shoebills, whale-headed storks 100 _Balaeniceps rex_ **Ciconiidae** Storks 101 _Ciconia nigra_ **Phoenicopteridae** Flamingos 102 Phoenicopteridae spp. **Threskiornithidae** Ibises, spoonbills 103 _Eudocimus ruber_ 104 _Geronticus calvus_ 105 _Platalea leucorodia_ **COLUMBIFORMES** **Columbidae** Doves, pigeons 106 _Gallicolumba luzonica_ 107 _Goura spp._ **CORACIIFORMES** **Bucerotidae** Hornbills 108 _Aceros spp._ (Except the species included in Appendix I) 109 _Anorrhinus spp._ 110 _Anthracoceros spp._ 111 _Berenicornis spp._ 112 _Buceros spp._ (Except the species included in Appendix I) 113 _Penelopides spp._ 114 _Rhyticeros spp. (Except the species included in Appendix I)_ **CUCULIFORMES** **Musophagidae** 180 ----- Turacos 115 _Tauraco spp._ **FALCONIFORMES** Eagles, falcons, hawks, vultures 116 FALCONIFORMES SPP. (Except Caracara lutosa and the species of the family Cathartidae, which are not included in the Appendices; and the species included in Appendices I and III) **GALLIFORMES Phasianidae** Grouse, guineafowl, partridges, peafowl, pheasants, tragopaus 117 _Argusianus argus_ 118 _Gallus sonneratii_ 119 _lihaginis emeritus_ 120 _Paw muticus_ 121 _Polyplectron bicalcaratum_ 122 _Polyplectron germaini_ 123 _Polyplectron malacense_ 124 _Polyplectron schleiermacheri_ 125 _Syrmaticus reevesii_ 126 _Tympanuchus cupido attwateri_ **GRUIFORMES Gruidae** Cranes 127 Gruidae spp. (Except the species included in Appendix I) **Otididae** Bustards 128 Otididae spp. (Except the species included in Appendix I) **PASSERIFORMES Cotingidae** Cotingas 129 _Rupicola spp._ **Emberizidae** Cardinals, tanagers 130 _Gubernatrlx cristata_ 131 _Paroaria capitata_ 132 _Paroaria coronata_ 133 _Tangara fastuosa_ 181 ----- **Estrildidae** Mannikins, waxbills 134 _Amandava formosa_ 135 _Lonchura oryzivora_ 136 _Poephila cincta cincta_ **Fringillidae** Finches 137 _Carduelis yarrellii_ **Meliphagidae** Honeyeaters 138 _Lichenostomus melanops cassidix_ **Muscicapidae** Old-world flycatchers 139 _Cyornis ruckii_ 140 _Dasyornis broadbenti litoralis_ 141 _Dasyornis longirostris_ 142 _Garrulax canorus_ 143 _Garrulax taewanus_ 144 _Leiothrix argentauris_ 145 _Leiothrix lutea_ 146 _Liocichla omeiensis_ **Paradisaeidae** Birds of paradise 147 Paradisaeidae spp. **Pittidae** Pittas 148 _Pitta guajana_ 149 _Pitta nympha_ **Pycnonotidae** Bulbuls 150 _Pycnonotus zeylanicus_ **Sturnidae** Mynas, starlings 151 _Gracula religiosa_ **PICIFORMES Ramphastidae** Toucans 152 _Pteroglossus aracari_ 153 _Pteroglossus viridis_ 154 _Ramphastos sulfuratus_ 155 _Ramphastos toco_ 156 _Ramphastos tucanus_ 182 ----- 157 _Ramphastos vitellinus_ 158 PSITTACIFORMES PSITTACIFORMES SPP. (Except for the species included in Appendix I and Agapornis _roseicollis, Melopsittacus undulatus, Nymphicus_ _hollandicus and Psittacula krameri, which are not included in_ the Appendices.) **RHEIFORMES Rheidae** Rheas 159 _Pterocnemia pennata pennata_ 160 _Rhea americana_ **SPHENISCIFORMES** **Spheniscidae** Penguins 161 _Spheniscus demersiis_ **STRIGIFORMES** Owls 162 STRIGIFORMES SPP. (Except Sceloglaux albifacies and the species included in Appendix I.) **CLASS REPTILIA** CROCODYLIA Alligators, caimans, crocodiles 163 CROCODYLIA SPP. (Except the species included in Appendix I) **SAURIA Agamidae** Spiny-tailed lizards, agamas 164 _Ceratophora aspera (Zero export quota for wild specimens for_ commercial purposes) 165 _Ceratophora stoddartii (Zero export quota for wild specimens_ for commercial purposes) 166 _Lyriocephalus scittatus (Zero export quota for wild specimens_ for commercial purposes) 167 _Saara spp._ 168 _Uromastyx spp._ **Anguidae** Alligator lizards 169 _Abronia spp._ (Except the species included in Appendix I. Zero export quota for wild specimens for Abronia aurita A. gaiophantasma, A. _montecristoi, A. salvadorenis and A. vasconcelosii)_ 183 ----- **Chamaeleonidae** Chameleons 170 _Archaius spp._ 171 _Bradypodion spp._ 172 _Brookesia spp. (Except the species included in Appendix I)_ 173 _Calumma spp._ 174 _Chamaeleo spp._ 175 _Furcifer spp._ 176 _Kinyongia spp._ 177 _Nadzikambia spp._ 178 _Palleon spp._ 179 _Rhampholeon spp._ 180 _Rieppeleon spp._ 181 _Trioceros spp._ **Cordylidae** Spiny-tailed lizards 182 _Cordylus spp._ 183 _Hemicordylus spp._ 184 _Karusaurus spp._ 185 _Namazonums spp._ 186 _Ninurta spp._ 187 _Ouroborus spp._ 188 _Pseudocordylus spp._ 189 _Smaug spp._ **Eublepharidae** Eyelid geckos 190 _Goniurosaurus spp. (Except the species native to Japan)_ **Gekkonidae** Geckos 191 _Gekko gecko_ 192 _Nactus serpensinsula_ 193 _Naultinus spp._ 194 _Paroedura androyensis_ 195 _Paroedura masobe_ 196 _Phelsuma spp._ 197 _Rhoptropella spp._ 198 _Uroplatus spp._ **Helodermatidae** Beaded lizards, Gila monsters 184 ----- 199 _Heloderma spp. (Except the subspecies included in Appendix I)_ **Iguanidae** Iguanas 200 _Amblyrhynchus cristatus_ 201 _Conolophus spp._ 202 _Ctenosaura spp._ 203 _Iguana spp._ 204 _Phrynosoma blainvillii_ 205 _Phrynosoma cerroense_ 206 _Phrynosoma coronation_ 207 _Phrynosoma wigginsi_ **Lacertidae** Lizards 208 _Podarcis lilfordi_ 209 _Podarcis pityusensis_ **Lanthanotidae** Earless monitor lizards 210 Lanthanotidae spp. (Zero export quota for wild specimens for commercial purposes.) **Polychrotidae Scincidae** Skinks 211 _Corucia zebrata_ **Teiidae** Caiman lizards, tegu lizards 212 _Crocodilurus amazonicus_ 213 _Dracaena spp._ 214 _Salvator spp._ 215 _Tupinambis spp._ **Varanidae** Monitor lizards 216 _Varanus spp. (Except the species included in Appendix I)_ **SERPENTES Boidae** Boas 217 Boidae spp. (Except the species included in Appendix I) **Bolyeriidae** Round Island boas 185 ----- 218 Bolyeriidae spp. (Except the species included in Appendix I) **Colubridae** Typical snakes, water snakes, whipsnakes 219 _Clelia clelia_ 220 _Cyclagras gigas_ 221 _Elachistodon westermanni_ 222 _Ptyas mucosus_ **Elapidae** Cobras, coral snakes 223 _Hoplocephalus bungaroides_ 224 _Naja atra_ 225 _Naja kaouthia_ 226 _Naja mandalayensis_ 227 _Naja naja_ 228 _Naja oxiana_ 229 _Naja philippinensis_ 230 _Naja sagittifera_ 231 _Naja samarensis_ 232 _Naja siamensis_ 233 _Naja sputatrix_ 234 _Naja sumatrana_ 235 _Ophiophagus hannah_ **Loxocemidae** Mexican dwarf boas 236 Loxocemidae spp. **Pythonidae** Pythons 237 Pythonidae spp. (Except the species included in Appendix I) **Tropidophiidae** Wood boas 238 Tropidophiidae spp. **Viperidae** Vipers 239 _Athens desaixi_ 240 _Bitis worthingtoni_ 241 _Pseudocerastes urarachnoides_ 242 _Trimeresurus mangshanensis_ 243 _Vipera wagneri_ **TESTUDINES** **Carettochelyidae** 186 ----- Pig-nosed turtles 244 _Carettochelys insculpta_ **Chelidae** Austro-American sideneck turtles 245 _Chelodina mccordi (Zero export quota for specimens from the_ wild.) **Dermatemydidae** Central American river turtles 246 _Dermatemys mawii_ **Emydidae** Box turtles, freshwater turtles 247 _Clemmys guttata_ 248 _Emydoidea blandingii_ 249 _Glyptemys insculpta_ 250 _Malaclemys terrapin_ 251 _Terrapene spp._ (Except the species included in Appendix I) **Geoemydidae** Box turtles, freshwater turtles 252 _Batagur borneoensis (Zero quota for wild specimens for_ commercial purposes.) 253 _Batagur dhongoka_ 254 _Batagur kachuga_ 255 _Batagur trivittata (Zero quota for wild specimens for_ commercial purposes.) 256 _Cuora spp. (Except the species included in Appendix I; zero_ quota for wild specimens for commercial purposes for Cuora _aurocapitata, C. flavomarginata, C. galbinifrons, C. mccordi,_ _C. mouhotii, C. pani, C. trifasciata, C. yunnanensis and C._ _zhoui.)_ 257 _Cyclemys spp._ 258 _Geoemyda japonica_ 259 _Geoemyda spengleri_ 260 _Hardella thurjii_ 261 _Heosemys annandalii (Zero quota for wild specimens for_ commercial purposes.) 262 _Heosemys depressa (Zero quota for wild specimens for_ commercial purposes.) 263 _Heosemys grandis_ 264 _Heosemys spinosa_ 265 _Leucocephalon yuwonoi_ 187 ----- 266 _Malayemys macrocephala_ 267 _Malayemys subtrijuga_ 268 _Mau remys japonica_ 269 _Mauremys mutica_ 270 _Mauremys nigricans_ 271 _Melanochelys trijuga_ 272 _Morenia peter si_ 273 _Notochelys platynota_ 274 _Orlitia borneensis (Zero quota for wild specimens for_ commercial purposes.) 275 _Pangshura spp. (Except the species included in Appendix I)_ 276 _Sacalia bealei_ 277 _Sacalia quadriocellata_ 278 _Siebenroctiella crassicollis_ 279 _Siebenrockiella leytensis_ 280 _Vijayachelys silvatica_ **Podocnemididae** Afro-American sideneck turtles 281 _Erymnochelys madagascariensis_ 282 _Peltocephalus dumerilianus_ 283 _Podocnemis spp._ **Testudinidae** Tortoises 284 Testudinidae spp. (Except for the species included in Appendix I. A zero annual export quota has been established for Centrochelys sulcata for specimens removed from the wild and traded for primarily commercial purposes.) **Trionychidae** Softshell turtles 285 _Amyda cartilaginea_ 286 _Chitra spp. (Except the species included in Appendix I.)_ 287 _Cyclanorbis elegans_ 288 _Cyclanorbis senegaiensis_ 289 _Cycloderma aubryi_ 290 _Cyclodermafrenatum_ 291 _Dogania subplana_ 292 _Lissemys ceylonensis_ 188 ----- 293 _Lissemys punctata_ 294 _Lissemys scutata_ 295 _Nilssonia formosa_ 296 _Nilssonia leithii_ 297 _Palea steindachneri_ 298 _Pelochelys spp._ 299 _Pelodiscus axenaria_ 300 _Pelodiscus maackii_ 301 _Pelodiscus parviformis_ 302 _Rafetus euphraticus_ 303 _Rafetus swinhoei_ 304 _Trionyx triunguis_ **CLASS AMPHIBIA ANURA** **Aromobatidae** Cryptic forest frogs 305 _Allobates femoralis_ 306 _Allobates hodli_ 307 _Allobates myersi_ 308 _Allobates zaparo_ 309 _Anomaloglossus rufuhts_ **Dendrobatidae** Poison frogs 310 _Adelphobates spp._ 311 _Ameerega spp._ 312 _Andinobates spp._ 313 _Dendrobates spp._ 314 _Epipedobates spp._ 315 _Excidobates spp._ 316 _Hyloxalus azureiventris_ 317 _Minyabates spp._ 318 _Oophaga spp._ 319 _Phyllobates spp._ 320 _Ranitomeya spp._ **Dicroglossidae** Frogs 321 _Euphlyctis hexadactylus_ 322 _Hoplobatrachus tigerinus_ **Hylidae** Tree frogs 189 ----- 323 _Agalychnis spp._ **Mantellidae** Mantella frogs 324 _Mantella spp._ **Microhylidae** Tomato frogs 325 _Dyscophus antongilii_ 326 _Dyscophus guineti_ 327 _Dyscophus insularis_ 328 _Scaphiophryne boribory_ 329 _Scaphiophryne gottlebei_ 330 _Scaphiophryne marmorata_ 331 _Scaphiophryne spinosa_ **Myobatrachidae** Gastric-brooding frogs 332 _Rheobatrachus spp._ (Except Rheobatrachus silus and Rheobatrachus _vitellinus which are not included in the Appendices)_ **CAUDATA Ambystomatidae** Axolotls, mole salamanders 333 _Ambystoma dumerilii_ 334 _Ambystoma mexicanum_ **Salamandridae** Newts and salamanders 335 _Echinotriton chinhaiensis_ 336 _Echinotriton maxiquadratus_ 337 _Paramesotriton spp._ 338 _Tylototriton spp._ **CLASS** **ELASMOBRANCHH** **(SHARKS)** **CARCHARHINIFORMES** **Carcharhinidae** Requiem sharks 339 _Carcharhinus falciformis_ 340 _Carcharhinus longunanus_ **Sphyrnidae** Hammerhead sharks 341 _Sphyrna lewini_ 342 _Sphyrna mokarran_ 343 _Sphyrna zygaena_ 190 ----- **LAMNIFORMES** **Alopiidae** Thresher sharks 344 _Alopias spp._ **Cetorhinidae** Basking sharks 345 _Cetorhinus maximus_ **Lamnidae** Mackerel sharks 346 _Carcharodon carcharias_ 347 _hums oxyrinchus_ 348 _Isurus paucus_ 349 _Lamna nasus_ **MYLIOBATIFORMES** **Myliobatidae** Eagle and mobulid rays 350 _Manta spp._ 351 _Mobula spp._ **ORECTOLOBIFORMES** **Rhincodontidae** Whale sharks 352 _Rhincodon typus_ **RHINOPRISTIFORMES** **Glaucostegidae** Guitarfishes 353 _Glaucostegus spp._ **Rhinidae** Wedgefishes 354 _Rhinidae spp._ **CLASS ACTINOPTERI** **(FISHES)** **ACIPENSERIFORMES** 355 ACIPENSERIFORMES SPP. **ANGUILLIFORMES** (Except the species included in Appendix I) **Anguillidae** Freshwater eels 356 _Anguilla anguilla_ **CYPRINIFORMES** **Cyprinidae** Carps 357 _Caecobarbus geertsii_ 191 ----- **OSTEOGLOSSIFORMES** **Arapaimidae** Arapaimas 358 _Arapaima gigas_ **PERCIFORMES Labridae** Wrasses 359 _Cheilinus undulatus_ **Pomacanthidae** Angelfishes 360 _Holacanthus clarionensis_ **SYNGNATHIFORMES** **Syngnathidae** Pipefishes, seahorses 361 _Hippocampus spp._ **CLASS DIPNEUSTI** **(LUNGFISHES)** **CERATODONTIFORMES** **Neoceratodontidae** Australian lungfishes 362 _Neoceratodus forsteri_ **PHYLUM ECHINODERMATA** **CLASS HOLOTHUROIDEA** **(SEA CUCUMBERS)** **HOLOTHURIIDA** **Holothuriidae** Teatfishes, Sea cucumbers 363 _Holothuria fuscogilva_ 364 _Holothuria nobilis_ 365 _Holothuria whitmaei_ **PHYLUM ARTHROPODA** **CLASS ARACHNIDA** **(SCORPIONS AND SPIDERS)** **ARANEAE** 192 ----- **Theraphosidae** Red-kneed tarantulas, tarantulas 366 _Aphonopelma albiceps_ 367 _Aphonopelma pallidum_ 368 _Brachypelma spp._ 369 _Poecilotheria spp._ **SCORPIONES** **Scorpionidae** Scorpions 370 _Pandinus camerounensis_ 371 _Pandinus dictator_ 372 _Pandinus gambiensis_ 373 _Pandinus imperator_ 374 _Pandinus roeseli_ **CLASS INSECTA (INSECTS)** **COLEOPTERA** **Scarabaeidae** Scarab beetles 375 _Dynastes satanas_ **LEPIDOPTERA** **Papilionidae** Birdwing butterflies, swallowtail butterflies 376 _Atrophaneura jophon_ 377 _Atrophaneura pandiyana_ 378 _Bhutanitis spp._ 379 _Ornithoptera spp. (Except the species included in Appendix I)_ 380 _Papilio hospiton_ 381 _Parnassius apollo_ 382 _Teinopalpus spp._ 383 _Trogonoptera spp._ 384 _Troides spp._ **PHYLUM ANNELIDA** **CLASS** **HIRUDINOIDEA** **(LEECHES)** **ARHYNCHOBDELLIDA** **Hirudinidae** 193 ----- Medicinal leeches 385 _Hirudo medicinalis_ 386 _Himdo verbana_ **PHYLUM MOLLUSCA** **CLASS BIVALVIA (CLAMS** **AND MUSSELS)** **MYTILOIDA** **Mytilidae** Marine mussels 387 _Lithophaga lithophaga_ **UNIONOIDA** **Unionidae** Freshwater mussels, pearly mussels 388 _Cyprogenia aberti_ 389 _Epioblasma tondosa rangiana_ 390 VENEROIDA _Pleurobema clava_ **Tridacnidae** Giant clams 391 _Tridacnidae spp._ **CLASS CEPHALOPODA** **(SQUIDS, OCTOPUSES,** **CUTTLEFISH)** **NAUTILIDA** **Nautilidae** Chambered nautilus 392 _Nautilidae spp._ **CLASS GASTROPODA** **(SNAILS AND CONCHES)** **MESOGASTROPODA** **Strombidae** True conchs 393 _Strombus gigas_ **STYLOMMATOPHORA** **Camaenidae** Green tree snails 194 ----- 394 _Papustyla pulcherrima_ **PHYLUM CNIDARIA** **CLASS ANTHOZOA** **(CORALS AND SEA** **ANEMONES)** **ANTIPATHARIA** Black corals 395 **ANTIPATHARIA SPP.** **HELIOPORACEA** **Helioporidae** Blue corals 396 _Helioporidae spp._ (Includes only the species Heliopora _coerulea. Fossils are not subject to the provisions of the_ Convention) **SCLERACTINIA** Stony corals 397 SCLERACTINIA SPP. (Fossils are not subject to the provisions of the Convention) **STOLONIFERA Tubiporidae** Organ-pipe corals 398 _Tubiporidae spp._ (Fossils are not subject to the provisions of the Convention) **CLASS** **HYDROZOA** **(SEA** **FERNS, FIRE CORALS AND** **STINGING MEDUSAE)** **MILLEPORINA** **Milleporidae** Fire corals 399 _Milleporidae spp._ (Fossils are not subject to the provisions of the Convention) **STYLASTERINA** **Stylasteridae** Lace corals 400 _Stylasteridae spp._ (Fossils are not subject to the provisions of the Convention **FLORA (PLANTS)** 195 ----- **AGAVACEAE** Agaves 401 _Agave victoriae-reginae [#][4]_ 402 _Nolina interrata_ 403 _Yucca queretaroensis_ **AMARYLLIDACEAE** Snowdrops, sternbergias 404 _Galanthus spp.#[4]_ 405 _Sternbergia spp.[#4]_ **ANACARDIACEAE** Cashews 406 _Operculicarya decaryi_ 407 _Operculicarya hyphaenoides_ 408 _Operculicarya pachypus_ **APOCYNACEAE** Elephant trunks, hoodias 409 _Hoodia spp.[#][4]_ 410 _Pachypodium spp.[#4]_ (Except the species included in Appendix I) 411 _Rauvolfia serpentina [#2]_ **ARALIACEAE** Ginseng 412 _Panax ginseng[#3]_ (Only the population of the Russian Federation; no other population is included in the Appendices.) 413 _Panax quinquefolius[#3]_ **ASPARAGACEAE** Includes ponytail palms 414 _Beaucamea spp._ **BERBERIDACEAE** May-apple 415 _Podophyllum hexandrum [#2]_ **BROMELIACEAE** Air plants, bromelias 416 _Tillandsia harrisii [#][4]_ 417 _Tillandsia kammii [#][4]_ 418 _Tillandsia xerographica [#][4]_ **CACTACEAE** Cacti 419 CACTACEAE SPP.[9]*[4] (Except the species included in Appendix I and except Pereskia spp., Pereskiopsis spp. and Quiabentia spp.) **CARYOCARACEAE** 196 ----- Ajo 420 _Caryocar costaricense [#][4]_ **CUCURBITACEAE** Melons, gourds, cucurbits 421 _Zygosicyos pubescens_ 422 _Zygosicyos tripartitus_ **CUPRESSACEAE** Alerce, cypresses 423 _Widdringtonia whytei_ **CYATHEACEAE** Tree-ferns 424 _Cyaihea spp.[#][4]_ **CYCADACEAE** Cycads 425 CYCADACEAE SPP.[#][4] (Except the species included in Appendix I) **DICKSONIACEAE** Tree-ferns 426 _Cibotium barometz [#][4]_ 427 _Dicksonia spp. [#][4]_ (Only the populations of the Americas; no other population is included in the Appendices) **DIDIEREACEAE** Alluaudias, didiereas 428 DIDIEREACEAE SPP.[#][4] **DIOSCOREACEAE** Elephant's foot, kniss 429 _Dioscorea deltoidea [#][4]_ **DROSERACEAE** Venus' flytrap 430 _Dionaea muscipula[#][4]_ **EBENACEAE** Ebonies 431 _Diospyros spp. [#5] (Populations of Madagascar.)_ **EUPHORBIACEAE** Spurges 197 ----- 432 _Euphorbia spp.[#][4]_ (Succulent species only except Euphorbia misera and the species included in Appendix I. Artificially propagated specimens of cultivars of Euphorbia trigona, artificially propagated specimens of crested, fanshaped or colour mutants of Euphorbia lactea, when grafted on artificially propagated root stock of Euphorbia neriifolia, and artificially propagated specimens of cultivars of Euphorbia ‘Milii’ when they are traded in shipments of 100 or more plants and readily recognizable as artificially propagated specimens, are not subject to the provisions of the Convention.) **FOUQUIERIACEAE** Ocotillos 433 _Fouquieria columnaris[#][4]_ **JUGLANDACEAE** Gavilan 434 _Oreomunneapterocarpa #4_ **LAURACEAE** Laurels 435 _Aniba rosaeodora [#12]_ **LEGUMNOSAE** (Fabaceae) Afrormosia, Cristobal, palisander, rosewood, sandalwood 436 _Dalbergia spp.[#15]_ (Except for the species listed in Appendix I and Dalbergia _sissoo and Dalbergia latifolia)_ 437 _Guibourtia demeusei[#15]_ 438 _Guibourtia pellegriniana[#15]_ 439 _Guibourtia tessmannii[#15]_ 440 _Paubrasilia echinata[#10]_ 441 _Pericopsis elata[#17]_ 442 _Platymiscium parviflorum[#4]_ 443 _Pterocarpus erinaceus_ 444 _Pterocarpus santalinus[#7]_ 445 _Pterocarpus tinctorius[#6]_ 446 _Senna meridionalis_ **LILIACEAE** Aloes 447 _Aloe spp.[#][4]_ (Except the species included in Appendix I. Also excludes Aloe vera, also referenced as Aloe barbadensis which is not included in the Appendices.) **MALVACEAE** Includes baobabs 198 ----- 448 _Adansonia grandidieri[#16]_ **MELIACEAE** Mahoganies, West Indian cedar 449 _Cedrela spp.[#][4]_ (Populations of the Neotropics) 450 _Swietenia humilis [#][4]_ 451 _Swietenia macrophylla *[6] (Populations of the Neotropics)_ 452 _Swietenia mahagoni[#5]_ **NEPENTHACEAE** Pitcher-plants (Old World) 453 _Nepenthes spp.[#][4]_ (Except the species included in Appendix I) **ORCHIDACEAE** Orchids 454 ORCHIDACEAE SPP. 10 [#4] (Except for the species included in Appendix I) **OROBANCHACEAE** Broomrapes 455 _Cistanche deserticola[#4]_ **PALMAE** (Arecaceae) Palms 456 _Beccariophoenix madagascariensis[#4]_ 457 _Dypsis decaryi *[4]_ 458 _Lemurophoenix halleuxii[#4]_ 459 _Marojejya darianii_ 460 _Ravenea louvelii_ 461 _Ravenea rivularis_ 462 _Satranala decussilvae_ 463 _Voanioala gerardii_ **PASSIFLORACEAE** Passion-flowers 464 _Adenia firingalavensis_ 465 _Adenia olaboensis_ 466 _Adenia subsessilifolia_ **PEDALIACEAE** Sesames 467 _Uncarina grandidieri_ 468 _Uncarina stellulifera_ **PORTULACACEAE** Lewisias, portulacas, purslanes 469 _Anacampseros spp. [#][4]_ 470 _Avonia spp. [#][4]_ 199 ----- 471 _Lewisia serrata [#][4]_ **PRIMULACEAE** Cyclamens 472 _Cyclamen spy.[ll,#4]_ **RANUNCULACEAE** Golden seals, yellow adonis, yellow root 473 _Adonis vernalis [#2]_ 474 _Hydrastis canadensis[#8]_ **ROSACEAE** African cherry, stinkwood 475 _Prunus africana[#][4]_ **SANTALACEAE** Sandalwoods 476 _Osyris lanceolata [#2]_ (Populations of Burundi, Ethiopia, Kenya, Rwanda, Uganda and the United Republic of Tanzania.) **SARRACENIACEAE** Pitcher-plants (New World) 477 Sarracenia spp.[#][4] (Except the species included in Appendix I) **SCROPHULARIACEAE** Kutki 478 _Picrorhiza kurrooa [#2]_ (Excludes Picrorhiza scrophulariiflora) **STANGERIACEAE** Stangerias 479 _Bowenia spp.[#][4]_ **TAXACEAE** Himalayan yew 480 _Taxus chinensis [#2]_ (Includes infraspecif ic taxa of this species) 481 _Taxus cuspidata [12,#2]_ (Includes infraspecific taxa of this species) 482 _Taxus fuana[#2]_ (Includes infraspecific taxa of this species.) 483 _Taxus sumatrana [#2]_ (Includes infraspecific taxa of this species.) 484 _Taxus wallichiana [#2]_ **THYMELAEACEAE** (Aquilariaceae) Agarwood, ramin 485 _Aquilaria spp.[#][14]_ 200 ----- 486 _Gonystylus spp.[m]_ 487 _Gyrinops spp.[#14]_ **VALERIANACEAE** Himalayan spikenard 488 _Nardostachys grandiflora[ffi]_ VITACEAE Grapes 489 _Cyphostemma elephantopus_ 490 _Cyphostemma laza_ 491 _Cyphostemma montagnacii_ **WELWITSCfflACEAE** Welwitschia 492 _Welwitschia mirabilis[#4]_ **ZAMIACEAE** Cycads 493 ZAMIACEAESPP.[#4] (Except the species included in Appendix I) **ZINGIBERACEAE** Ginger lily, Natal ginger 494 _Hedychium philippinense[#4]_ 495 _Siphonochilus aethiopicus[#4]_ (Populations of Mozambique, South Africa, Eswatini and Zimbabwe.) **ZYGOPHYLLACEAE** Lignum-vitae 496 _Bulnesia sarmientoi[#4]_ 497 _Guaiacum spp.[#2]]_ 201 ----- **APPENDIX III** **FAUNA (ANIMALS)** **PHYLUM CHORDATA** **CLASS MAMMALIA** **(MAMMALS)** **ARTIODACTYLA Bovidae** Antelopes, cattle, duikers, gazelles, goats, sheep, etc. 1 _Antilope cervicapra (Nepal, Pakistan)_ 2 _Boselaphus tragocamelus (Pakistan)_ 3 _Bubalus arnee_ (Excludes the domesticated form, which is referenced as Bubalus _bubalis and is not subject to the provisions of the_ Convention.) (Nepal) 4 _Capra hircus aegagrus_ (Specimens of the domesticated form are not subject to the provisions of the Convention.) (Pakistan) 5 _Capra sibirica (Pakistan)_ 6 _Gazella bennettii (Pakistan)_ 7 _Gazella dorcas (Algeria, Tunisia)_ 8 _Pseudois nayaur (Pakistan)_ 9 **Cervidae** Deer, huemuls, muntjacs, pudus _Tetracerus quadricomis (Nepal)_ 10 _Axis porcinus (Except the subspecies included in_ Appendix I) (Pakistan) 11 _Cervus elaphus barbarus (Algeria, Tunisia)_ 12 _Mazama temama cerasina (Guatemala)_ 13 **CARNIVORA Canidae** _Odocoileus virginianus mayensis (Guatemala)_ Dogs, foxes, wolves 14 _Canis aureus (India)_ 15 _Vulpes bengalensis (India)_ 16 _Vulpes vulpes griffithi (India)_ 17 _Vulpes vulpes montana (India)_ 18 **Herpestidae** Mongooses _Vulpes vulpes pusilla (India)_ 19 _Herpestes edwardsi (India, Pakistan)_ 20 _Herpestes fuscus (India)_ 21 _Herpestes javanicus (Pakistan)_ 22 _Herpestes javanicus auropunctatus (India)_ 23 _Herpestes smithii (India)_ 24 _Herpestes urva (India)_ 25 **Hyaenidae** _Herpestes vitticollis (India)_ Aardwolf, hyenas 202 ----- 26 _Hyaena hyaena (Pakistan)_ 27 _Proteles cristata (Botswana)_ **Mustelinae** Grisons, honey badgers, martens, tayra, weasels 28 _Eira barbara (Honduras)_ 29 _Martes flavigula (India)_ 30 _Martes foina intermedia (India)_ 31 _Martes gwatkinsii (India)_ 32 _Mellivora capensis (Botswana)_ 33 _Mustela altaica (India)_ 34 _Mustela ermineaferghanae (India)_ 35 _Mustela kathiah (India)_ 36 _Mustela sibirica (India)_ **Odobenidae** Walruses 37 _Odobenus rosmarus (Canada)_ **Procyonidae** Coatis, kinkajous, olingos 38 _Nasua narica (Honduras)_ 39 _Nasua nasua solitaria (Uruguay)_ 40 _Potosflavus (Honduras)_ **Viverridae** Binturong, civets, linsangs, otter-civet, palm civets 41 _Arctictis binturong (India)_ 42 _Civettictis civetta (Botswana)_ 43 _Paguma larvata (India)_ 44 _Paradoxurus hermaphroditus (India)_ 45 _Paradoxurus jerdoni (India)_ 46 _Viverra civettina (India)_ 47 _Viverra zibetha (India)_ 48 _Viverricula indica (India)_ **CHIROPTERA Phyllostomidae** Broad-nosed bats 49 _Platyrrhinus lineatus (Uruguay)_ **CINGULATA Dasypodidae** Armadillos 50 _Cabassous tatouay (Uruguay)_ 203 ----- **PILOSA** **Myrmecophagidae** American anteaters 51 _Tamandua mexicana (Guatemala)_ **RODENTIA Cuniculidae** Pacas 52 _Cuniculus paca (Honduras)_ **Dasyproctidae** Agoutis 53 _Dasyprocta punctata (Honduras)_ **Erethizontidae** New-world porcupines 54 _Sphiggurus mexicanus (Honduras)_ 55 _Sphiggurus spinosus (Uruguay)_ **Sciuridae** Ground squirrels, tree squirrels 56 _Marmota caudata (India)_ 57 _Marmota himalayana (India)_ **CLASS AVES** **ANSERIFORMES** **Anatidae** Ducks, geese, swans, etc. 58 _Dendrocygna autumnalis (Honduras)_ 59 _Dendrocygna bicolor (Honduras)_ **CHARADRIIFORMES Burhinidae** Thick-knees 60 _Burhinus bistriatus (Guatemala)_ **COLUMBIFORMES Columbidae** Doves, pigeons 61 _Nesoenas mayeri (Mauritius)_ **FALCONIFORMES** Eagles, falcons, hawks, vultures **Cathartidae** New-world vultures 62 _Sarcoramphus papa (Honduras)_ 204 ----- **GALLIFORMES** **Cracidae** Chachalacas, currassows, guans 63 _Crax alberti (Colombia)_ 64 _Crax daubentoni (Colombia)_ 65 _Crax globulosa (Colombia)_ 66 _Crax rubra (Colombia, Guatemala, Honduras)_ 67 _Ortalis vetula (Guatemala, Honduras)_ 68 _Pauxi pauxi (Colombia)_ 69 _Penelope purpurascens (Honduras)_ 70 _Penelopina nigra (Guatemala)_ **Phasianidae** Grouse, guineafowl, partridges, peafowl, pheasants, tragopans 71 _Lophura leucomelanos (Pakistan)_ 72 _Meleagris ocellata (Guatemala)_ 73 _Pavo cristatus (Pakistan)_ 74 _Pucrasia macrolopha (Pakistan)_ 75 _Tragopan satyra (Nepal)_ **PASSERIFORMES** **Alaudidae** Larks 76 _Alauda arvensis (Population of Ukraine) (Ukraine)_ 77 _Galerida cristata (Population of Ukraine) (Ukraine)_ 78 _Lullula arborea (Population of Ukraine) (Ukraine)_ 79 _Melanocorypha calandra (Population of Ukraine)_ (Ukraine) **Cotingidae** Cotingas 80 _Cephalopterus omatus (Colombia)_ 81 _Cephalopterus penduliger (Colombia)_ **Emberizidae** Cardinals, tanagers 82 _Emberiza citrinella (Population of Ukraine) (Ukraine)_ 83 _Emberiza hortulana (Population of Ukraine) (Ukraine)_ **Fringillidae** Finches 84 _Carduelis cannabina (Population of Ukraine) (Ukraine)_ 205 ----- 85 _Carduelis carduelis (Population of Ukraine) (Ukraine)_ 86 _Carduelis flammea (Population of Ukraine) (Ukraine)_ 87 _Carduelis_ _homemanni (Population_ of Ukraine) (Ukraine) 88 _Carduelis spinus (Population of Ukraine) (Ukraine)_ 89 _Carpodacus_ _erythrinus (Population_ of Ukraine) (Ukraine) 90 _Loxia curvirostra (Population of Ukraine) (Ukraine)_ 91 _Pyrrhula pyrrhula (Population of Ukraine) (Ukraine)_ 92 _Serinus serinus (Population of Ukraine) (Ukraine)_ **Muscicapidae** Old-world flycatchers 93 _Acrocephalus rodericanus (Mauritius)_ 94 _Erithacus rubecula (Population of Ukraine)(Ukraine)_ 95 _Ficedula_ _parva (Population_ of Ukraine)(Ukraine) (Ukraine) 96 _Hippolais icterina (Population of Ukraine) (Ukraine)_ 97 _Luscinia luscinia (Population of Ukraine) (Ukraine)_ 98 _Luscinia_ _megarhynchos (Population_ of Ukraine) (Ukraine) 99 _Luscinia svecica (Population of Ukraine) (Ukraine)_ 100 _Monticola saxatilis (Population of Ukraine) (Ukraine)_ 101 _Sylvia atricapilla (Population of Ukraine) (Ukraine)_ 102 _Sylvia borin (Population of Ukraine) (Ukraine)_ 103 _Sylvia curruca (Population of Ukraine) (Ukraine)_ 104 _Sylvia nisoria (Population of Ukraine) (Ukraine)_ 105 _Terpsiphone bourbonnensis (Mauritius)_ 106 _Tardus merula (Population of Ukraine) (Ukraine)_ 107 _Tardus philomelos (Population of Ukraine) (Ukraine)_ **Oriolidae** Orioles 108 _Oriolus oriolus (Population of Ukraine) (Ukraine)_ **Paridae** Tits 109 _Parus ater (Population of Ukraine) (Ukraine)_ **Troglodytidae** Wrens 110 _Troglodytes_ _troglodytes (Population_ of Ukraine) (Ukraine) **PICIFORMES Capitonidae** Barbets 111 _Semnomis ramphastinus (Colombia)_ **Ramphastidae** Toucans 206 ----- 112 _Baillonius bailloni (Argentina)_ 113 _Pteroglossus castanotis (Argentina)_ 114 _Ramphastosdicolorus (Argentina)_ 115 _Selenidera rhaculirostris (Argentina)_ **SAURIA Agamidae** Spiny-tailed lizards, agamas 116 _Calotes ceylonensis (Sri Lanka)_ 117 _Calotes desilvai (Sri Lanka)_ 118 _Calotes liocephalus (Sri Lanka)_ 119 _Calotes liolepis (Sri Lanka)_ 120 _Calotes manamendrai (Sri Lanka)_ 121 _Calotes nigrilabris (Sri Lanka)_ 122 _Calotes pethiyagodai (Sri Lanka)_ **Eublepharidae** Eyelid geckos 123 _Goniurosaurus kuroiwae[#18] (Japan)_ 124 _Goniurosaurus orientalis[#18] (Japan)_ 125 _Goniurosaurus sengokui[#18] (Japan)_ 126 _Goniurosaurus splendens[#18] (Japan)_ 127 _Goniurosaurus toyamai[#18] (Japan)_ 128 _Goniurosaurus yamashinae[#18] (Japan)_ **Gekkonidae** Geckos 129 _Dactylocnemis spp. (New Zealand)_ 130 _Hoplodactylus spp. (New Zealand)_ 131 _Mokopirirakau spp. (New Zealand)_ 132 _Sphaerodactylus armasi (Cuba)_ 133 _Sphaerodactylus celicara (Cuba)_ 134 _Sphaerodactylus dimorphicus (Cuba)_ 135 _Sphaerodactylus intermedius (Cuba)_ 136 _Sphaerodactylus nigropunctatus alayoi (Cuba)_ 137 _Sphaerodactylus nigropunctatus granti (Cuba)_ 138 _Sphaerodactylus nigropunctatus lissodesmus (Cuba)_ 139 _Sphaerodactylus nigropunctatus ocujal (Cuba)_ 140 _Sphaerodactylus nigropunctatus strategus (Cuba)_ 141 _Sphaerodactylus notatus atactus (Cuba)_ 142 _Sphaerodactylus oliveri (Cuba)_ 143 _Sphaerodactylus pimienta (Cuba)_ 144 _Sphaerodactylus ruibali (Cuba)_ 145 _Sphaerodactylus siboney (Cuba)_ 207 ----- 146 _Sphaerodactylus torrei (Cuba)_ 147 _Toropuku spp. (New Zealand)_ 148 _Tukutuku ssp. (New Zealand)_ 149 _Woodworthia spp. (New Zealand)_ **Polychrotidae** Anoles 150 _Anolis agueroi (Cuba)_ 151 _Anolis baracoae (Cuba)_ 152 _Anolis barbatus (Cuba)_ 153 _Anolis chamaeleonides (Cuba)_ 154 _Anolis equestris (Cuba)_ 155 _Anolis guamuhaya (Cuba)_ 156 _Anolis luteogularis (Cuba)_ 157 _Anolis pigmaequestris (Cuba)_ 158 _Anolis porcus (Cuba)_ **SERPENTES Colubridae** Typical snakes, water snakes, whipsnakes 159 _Atretium schistosum (India)_ 160 _Cerberus rynchops (India)_ 161 _Xenochrophis piscator (India)_ 162 _Xenochrophis schnurrenbergeri (India)_ 163 _Xenochrophis tytleri (India)_ **Elapidae** Cobras, coral snakes 164 _Micrurus diastema (Honduras)_ 165 _Micrurus nigrocinctus (Honduras)_ 166 _Micrurus ruatanus (Honduras)_ **Viperidae** Vipers 167 _Crotalus durissus (Honduras)_ 168 _Daboia russelii (India)_ **TESTUDINES Chelydridae** Snapping turtles 169 _Chelydra serpentina (United States of America)_ 170 _Macrochelys temminckii (United States of America)_ **Emydidae** Box turtles, freshwater turtles 171 _Emys orbicularis (Population of Ukraine)_ 172 _Graptemys spp. (United States of America)_ 208 ----- **Geoemydidae** Box turtles, freshwater turtles 173 _Mauremys iversoni (China)_ 174 _Mauremys megalocephala (China)_ 175 _Mauremys pritchardi (China)_ 176 _Mauremys reevesii (China)_ 177 _Mauremys sinensis (China)_ 178 _Ocadia glyphistoma (China)_ 179 _Ocadia philippeni (China)_ 180 _Sacalia pseudocellata (China)_ **Trionychidae** Softshell turtles 181 _Apaloneferox (United States of America)_ 182 _Apalone mutica (United States of America)_ 183 _Apalone spinifera_ (Except the subspecies included in Appendix I) (United States of America) **CLASS AMPHIBIA** **ANURA** **Calyptocephalellidae** Chilean toads 184 _Calyptocephalella gayi (Chile)_ **CAUDATA** **Cryptobranchidae** Giant salamanders 185 _Cryptobranchus_ _alleganiensis (United_ States of America) **Hynobiidae** Asiatic salamanders 186 _Hynobius amjiensis (China)_ **Salamandridae** Newts and salamanders 187 _Echinotriton andersoni[#18] (Japan)_ 188 _Salamandra algira (Algeria)_ **CLASS ELASMOBRANCHII** **(SHARKS)** **MYLIOBATIFORMES** **Potamotrygonidae** Freshwater stingrays 209 ----- 189 _Paratrygon aiereba (Colombia)_ 190 _Potamotrygon spp. (Population of Brazil) (Brazil)_ 191 _Potamotrygon constellata (Colombia)_ 192 _Potamotrygon magdalenae (Colombia)_ 193 _Potamotrygon motoro (Colombia)_ 194 _Potamotrygon orbignyi (Colombia)_ 195 _Potamotrygon schroederi (Colombia)_ 196 _Potamotrygon scobina (Colombia)_ 197 _Potamotrygon yepezi (Colombia)_ **CLASS ACTINOPTERI (FISHES)** **SILURIFORMES** **Loricariidae** Armoured catfishes 198 _Hypancistrus zebra (Brazil)_ **PHYLUM ECHINODERMATA** **CLASS** **HOLOTHUROIDEA** **(SEA** **CUCUMBERS)** **ASPIDOCHIROTIDA** **Stichopodidae** Sea cucumbers 199 _Isostichopus fuscus (Ecuador)_ **PHYLUM** **ARTHROPODA** **CLASS** **INSECTA (INSECTS) COLEOPTERA** **Lucanidae** Stag beetles 200 _Colophon spp. (South Africa)_ **LEPIDOPTERA Nymphalidae** Brush-footed butterflies 201 _Agrias amydon boliviensis (Plurinational State of_ _Bolivia)_ 202 _Morpho godartii lachaumei (Plurinational State of_ _Bolivia)_ 210 ----- 203 _Prepona praeneste buckleyana (Plurinational State of_ _Bolivia)_ **PHYLUM CNIDARIA** **CLASS** **ANTHOZOA (CORALS AND** **SEA ANEMONES)** **GORGONACEA** **Coralliidae** Red and pink corals 204 _Corallium elatius (China)_ 205 _Corallium japonicwn (China)_ 206 _Corallium konjoi (China)_ 207 _Corallium secundum (China)_ **FLORA (PLANTS) FAGACEAE** Beeches 208 _Quercus mongolica [#5] (Russian Federation)_ **GNETACEAE** Gnetums 209 _Gnetum montanum[#1] (Nepal)_ **LEGUMINOSAE** (Fabaceae) Afrormosia, Cristobal, palisander, rosewood, sandalwood 210 _Dipteryx panamensis (Costa Rica, Nicaragua)_ **MAGNOLIACEAE** Magnolias 211 _Magnolia liliifera var. obovata[#1] (Nepal)_ **OLEACEAE** Ashes, etc. 212 _Fraxinus mandshurica [#5] (Russian Federation)_ **PALMAE** (Arecaceae) Palms 211 ----- 213 _Lodoicea maldivica[#13] (Seychelles)_ **PAPAVERACEAE** Poppy 214 _Meconopsis regia[#1] (Nepal)_ **PINACEAE** Firs and pines 215 _Pinus koraiensis [#5] (Russian Federation)_ **PODOCARPACEAE** Podocarps 216 _Podocarpus neriifolius [#1] (Nepal)_ **TROCHODENDRACEAE** (Tetracentraceae) Tetracentron 217 _Tetracentron sinense [#1] (Nepal)_ **Annotations : Footnotes** 1 For the exclusive purpose of allowing international trade in fibre from vicunas (Vicugna _vicugna) and their derivative products, only if the fibre comes from the shearing of live vicunas._ Trade in products derived from the fibre may only take place in accordance with the following provisions: (a) Any person or entity processing vicuna fibre to manufacture cloth and garments must request authorization from the relevant authorities of the country of origin (Countries of origin : The countries where the species occurs, that is, Argentina, Bolivia, Chile, Ecuador and Peru) to use the “vicuna country of origin” wording, mark or logo adopted by the range States of the species that are signatories to the Convention for the Conservation and Management of the Vicuna. (b) Marketed cloth or garments must be marked or identified in accordance with the following provisions: i. For international trade in cloth made from live-sheared vicuna fibre, whether the cloth was produced within or outside of the range States of the species, the wording, mark or logo must be used so that the country of origin can be identified. The VICUNA [COUNTRY OF ORIGFN] wording, mark or logo has the format as detailed below: 212 |1|For the exclusive purpose of allowing international trade in fibre from vicunas (Vicugna vicugna) and their derivative products, only if the fibre comes from the shearing of live vicunas. Trade in products derived from the fibre may only take place in accordance with the following provisions: (a) Any person or entity processing vicuna fibre to manufacture cloth and garments must request authorization from the relevant authorities of the country of origin (Countries of origin : The countries where the species occurs, that is, Argentina, Bolivia, Chile, Ecuador and Peru) to use the “vicuna country of origin” wording, mark or logo adopted by the range States of the species that are signatories to the Convention for the Conservation and Management of the Vicuna. (b) Marketed cloth or garments must be marked or identified in accordance with the following provisions: i. For international trade in cloth made from live-sheared vicuna fibre, whether the cloth was produced within or outside of the range States of the species, the wording, mark or logo must be used so that the country of origin can be identified. The VICUNA [COUNTRY OF ORIGFN] wording, mark or logo has the format as detailed below:| |---|---| ----- This wording, mark or logo must appear on the reverse side of the cloth. In addition, the selvages of the cloth must bear the words VICUNA [COUNTRY OF ORIGIN]. ii. For international trade in garments made from live-sheared vicuna fibre, whether the garments were produced within or outside of the range States of the species, the wording, mark or logo indicated in paragraph (b)(i) must be used. This wording, mark or logo roust appear on a label on the garment itself. If the garments are produced outside of the country of origin, the name of the country where the garment was produced should also be indicated, in addition to the wording, mark or logo referred to in paragraph (b)(i). (c) For international trade in handicraft products made from live-sheared vicuna fibre produced within the range States of the species, the VICUNA [COUNTRY OF ORIGIN] ARTESANIA wording, mark or logo must be used as detailed below: (d) If live-sheared vicuna fibre from various countries of origin is used for the production of cloth and garments, the wording, mark or logo of each of the countries of origin of the fibre must be indicated, as detailed in paragraphs b) i) and ii). (e) All other specimens shall be deemed to be specimens of species listed in Appendix I and the trade in them shall be regulated accordingly Populations of Botswana, Namibia, South Africa and Zimbabwe (listed in Appendix II): For the exclusive purpose of allowing: (a) trade in hunting trophies for non-commercial purposes; (b) trade in live animals to appropriate and acceptable destinations, as defined in Resolution Conf. 11.20 (Rev. CoP18), for Botswana and Zimbabwe and for in situ conservation programmes for Namibia and South Africa; (c) trade in hides; (d) trade in hair; (e) trade in leather goods for commercial or non-commercial purposes for Botswana, Namibia and South Africa and for non-commercial purposes for Zimbabwe; 213 |Col1|This wording, mark or logo must appear on the reverse side of the cloth. In addition, the selvages of the cloth must bear the words VICUNA [COUNTRY OF ORIGIN]. ii. For international trade in garments made from live-sheared vicuna fibre, whether the garments were produced within or outside of the range States of the species, the wording, mark or logo indicated in paragraph (b)(i) must be used. This wording, mark or logo roust appear on a label on the garment itself. If the garments are produced outside of the country of origin, the name of the country where the garment was produced should also be indicated, in addition to the wording, mark or logo referred to in paragraph (b)(i). (c) For international trade in handicraft products made from live-sheared vicuna fibre produced within the range States of the species, the VICUNA [COUNTRY OF ORIGIN] - ARTESANIA wording, mark or logo must be used as detailed below: (d) If live-sheared vicuna fibre from various countries of origin is used for the production of cloth and garments, the wording, mark or logo of each of the countries of origin of the fibre must be indicated, as detailed in paragraphs b) i) and ii). (e) All other specimens shall be deemed to be specimens of species listed in Appendix I and the trade in them shall be regulated accordingly| |---|---| |2|Populations of Botswana, Namibia, South Africa and Zimbabwe (listed in Appendix II): For the exclusive purpose of allowing: (a) trade in hunting trophies for non-commercial purposes; (b) trade in live animals to appropriate and acceptable destinations, as defined in Resolution Conf. 11.20 (Rev. CoP18), for Botswana and Zimbabwe and for in situ conservation programmes for Namibia and South Africa; (c) trade in hides; (d) trade in hair; (e) trade in leather goods for commercial or non-commercial purposes for Botswana, Namibia and South Africa and for non-commercial purposes for Zimbabwe;| ----- (f) trade in individually marked and certified ekipas incorporated in finished jewellery for noncommercial purposes for Namibia and ivory carvings for non-commercial purposes for Zimbabwe; (g) trade in registered raw ivory (for Botswana, Namibia, South Africa and Zimbabwe, whole tusks and pieces) subject to the following: i. only registered government-owned stocks, originating in the State (excluding seized ivory and ivory of unknown origin); ii. only to trading partners that have been verified by the Secretariat, in consultation with the Standing Committee, to have sufficient national legislation and domestic trade controls to ensure that the imported ivory will not be re-exported and will be managed in accordance with all requirements of Resolution Conf. 10.10 (Rev. C0-P18) concerning domestic manufacturing and trade; iii. not before the Secretariat has verified the prospective importing countries and the registered government-owned stocks; iv. raw ivory pursuant to the conditional sale of registered government-owned ivory stocks agreed at CoP12, which are 20,000 kg (Botswana), 10,000 kg (Namibia) and 30,000 kg (South Africa); v. in addition to the quantities agreed at CoP12, government-owned ivory from Botswana, Namibia, South Africa and Zimbabwe registered by 31 January 2007 and verified by the Secretariat may be traded and despatched, with the ivory in paragraph g) iv) above, in a single sale per destination under strict supervision of the Secretariat; vi. the proceeds of the trade are used exclusively for elephant conservation and community conservation and development programmes within or adjacent to the elephant range; and vii. the additional quantities specified in paragraph g) v) above shall be traded only after the Standing Committee has agreed that the above conditions have been met; and viii. no further proposals to allow trade in elephant ivory from populations already in Appendix II shall be submitted to the Conference of the Parties for the period from CoP 14 and ending nine years from the date of the single sale of ivory that is to take place in accordance with provisions in paragraphs g) i), g) ii), g) iii), g) vi) and g) vii). In addition such further proposals shall be dealt with in accordance with Decisions 16.55 and 14.78 (Rev. C0-PI6). On a proposal from the Secretariat, the Standing Committee can decide to cause this trade to cease partially or completely in the event of non-compliance by exporting or importing countries, or in the case of proven detrimental impacts of the trade on other elephant populations. All other specimens shall be deemed to be specimens of species included in Appendix I and 214 |Col1|(f) trade in individually marked and certified ekipas incorporated in finished jewellery for noncommercial purposes for Namibia and ivory carvings for non-commercial purposes for Zimbabwe; (g) trade in registered raw ivory (for Botswana, Namibia, South Africa and Zimbabwe, whole tusks and pieces) subject to the following: i. only registered government-owned stocks, originating in the State (excluding seized ivory and ivory of unknown origin); ii. only to trading partners that have been verified by the Secretariat, in consultation with the Standing Committee, to have sufficient national legislation and domestic trade controls to ensure that the imported ivory will not be re-exported and will be managed in accordance with all requirements of Resolution Conf. 10.10 (Rev. C0-P18) concerning domestic manufacturing and trade; iii. not before the Secretariat has verified the prospective importing countries and the registered government-owned stocks; iv. raw ivory pursuant to the conditional sale of registered government-owned ivory stocks agreed at CoP12, which are 20,000 kg (Botswana), 10,000 kg (Namibia) and 30,000 kg (South Africa); v. in addition to the quantities agreed at CoP12, government-owned ivory from Botswana, Namibia, South Africa and Zimbabwe registered by 31 January 2007 and verified by the Secretariat may be traded and despatched, with the ivory in paragraph g) iv) above, in a single sale per destination under strict supervision of the Secretariat; vi. the proceeds of the trade are used exclusively for elephant conservation and community conservation and development programmes within or adjacent to the elephant range; and vii. the additional quantities specified in paragraph g) v) above shall be traded only after the Standing Committee has agreed that the above conditions have been met; and viii. no further proposals to allow trade in elephant ivory from populations already in Appendix II shall be submitted to the Conference of the Parties for the period from CoP 14 and ending nine years from the date of the single sale of ivory that is to take place in accordance with provisions in paragraphs g) i), g) ii), g) iii), g) vi) and g) vii). In addition such further proposals shall be dealt with in accordance with Decisions 16.55 and 14.78 (Rev. C0-PI6). On a proposal from the Secretariat, the Standing Committee can decide to cause this trade to cease partially or completely in the event of non-compliance by exporting or importing countries, or in the case of proven detrimental impacts of the trade on other elephant populations. All other specimens shall be deemed to be specimens of species included in Appendix I and| |---|---| ----- 9 Artificially propagated specimens of the following hybrids and/or cultivars are not subject to the provisions of the Convention: — Hatiora × graeseri — Schlumbergera × buckleyi — Schlumbergera russelliana × Schlumbergera truncata — Schlumbergera orssichiana × Schlumbergera truncata — Schlumbergera opuntioides × Schlumbergera truncata — Schlumbergera truncata (cultivars) — Cactaceae spp. colour mutants grafted on the following grafting stocks : Harrisia ‘Jusbertii’, Hylocereus trigonus or Hylocereus undatus — Opuntia microdasys (cultivars). 10 Artificially propagated hybrids of the following genera are not subject to the provisions of the Convention, if conditions, as indicated under a) and b), are met : Cymbidium, Dendrobium, _Phalaenopsis and Vanda:_ (a) Specimens are readily recognizable as artificially propagated and do not show any signs of having been collected in the wild such as mechanical damage or strong dehydration resulting from collection, irregular growth and heterogeneous size and shape within a taxon and shipment, algae or other epiphyllous organisms adhering to leaves, or damage by insects or other pests; and (b)i) when shipped in non-flowering state, the specimens must be traded in shipments consisting of individual containers (such as cartons, boxes, crates or individual shelves of CC-containers) each containing 20 or more plants of the same hybrid; the plants within each container must exhibit a high degree of uniformity and healthiness; and the shipment must be accompanied by documentation, such as an invoice, which clearly states the number of plants of each hybrid; or (c) when shipped in flowering state, with at least one fully open flower per specimen, no minimum number of specimens per shipment is required but specimens must be professionally processed for commercial retail sale, e.g. labelled with printed labels or packaged with printed packages indicating the name of the hybrid and the country of final processing. This should be clearly visible and allow easy verification. Plants not clearly qualifying for the exemption must be accompanied by appropriate CITES 215 |Col1|the trade in them shall be regulated accordingly.| |---|---| |9|Artificially propagated specimens of the following hybrids and/or cultivars are not subject to the provisions of the Convention: — Hatiora × graeseri — Schlumbergera × buckleyi — Schlumbergera russelliana × Schlumbergera truncata — Schlumbergera orssichiana × Schlumbergera truncata — Schlumbergera opuntioides × Schlumbergera truncata — Schlumbergera truncata (cultivars) — Cactaceae spp. colour mutants grafted on the following grafting stocks : Harrisia ‘Jusbertii’, Hylocereus trigonus or Hylocereus undatus — Opuntia microdasys (cultivars).| |10|Artificially propagated hybrids of the following genera are not subject to the provisions of the Convention, if conditions, as indicated under a) and b), are met : Cymbidium, Dendrobium, Phalaenopsis and Vanda: (a) Specimens are readily recognizable as artificially propagated and do not show any signs of having been collected in the wild such as mechanical damage or strong dehydration resulting from collection, irregular growth and heterogeneous size and shape within a taxon and shipment, algae or other epiphyllous organisms adhering to leaves, or damage by insects or other pests; and (b)i) when shipped in non-flowering state, the specimens must be traded in shipments consisting of individual containers (such as cartons, boxes, crates or individual shelves of CC-containers) each containing 20 or more plants of the same hybrid; the plants within each container must exhibit a high degree of uniformity and healthiness; and the shipment must be accompanied by documentation, such as an invoice, which clearly states the number of plants of each hybrid; or (c) when shipped in flowering state, with at least one fully open flower per specimen, no minimum number of specimens per shipment is required but specimens must be professionally processed for commercial retail sale, e.g. labelled with printed labels or packaged with printed packages indicating the name of the hybrid and the country of final processing. This should be clearly visible and allow easy verification. Plants not clearly qualifying for the exemption must be accompanied by appropriate CITES| ----- 11 Artificially propagated specimens of cultivars of Cyclamen persicum are not subject to the provisions of the Convention. However, the exemption does not apply to such specimens traded as dormant tubers. 12 Artificially propagated hybrids and cultivars of Taxus cuspidata, live, in pots or other small containers, each consignment being accompanied by a label or document stating the name of the taxon or taxa and the text ‘artificially propagated’, are not subject to the provisions of the Convention. **Hash footnotes** **#1 All parts and derivatives, except:** (a) seeds, spores and pollen (including pollinia); (b) seedling or tissue cultures obtained in vitro, in solid or liquid media, transported in sterile containers; (c) cut flowers of artificially propagated plants; and (d) fruits, and parts and derivatives thereof, of artificially propagated plants of the genus Vanilla. #2 All parts and derivatives except: (a) seeds and pollen; and (b) finished products packaged and ready for retail trade. #3 Whole and sliced roots and parts of roots, excluding manufactured parts or derivatives, such as powders, pills, extracts, tonics, teas and confectionery. #4 All parts and derivatives, except: (a) seeds (including seedpods of Orchidaceae), spores and pollen (including pollinia). The exemption does not apply to seeds from Cactaceae spp. exported from Mexico, and to seeds from Beccariophoenix _madagasceriensis and Dypsis_ _decaryi exported_ from Madagascar; (b) seedling or tissue cultures obtained in vitro, in solid or liquid media, transported in sterile containers; (c) cut flowers of artificially propagated plants; (d) fruits, and parts and derivatives thereof, of naturalized or artificially propagated plants of 216 |Col1|documents.| |---|---| |11|Artificially propagated specimens of cultivars of Cyclamen persicum are not subject to the provisions of the Convention. However, the exemption does not apply to such specimens traded as dormant tubers.| |12|Artificially propagated hybrids and cultivars of Taxus cuspidata, live, in pots or other small containers, each consignment being accompanied by a label or document stating the name of the taxon or taxa and the text ‘artificially propagated’, are not subject to the provisions of the Convention.| |Col1|Hash footnotes| |---|---| |#1|All parts and derivatives, except: (a) seeds, spores and pollen (including pollinia); (b) seedling or tissue cultures obtained in vitro, in solid or liquid media, transported in sterile containers; (c) cut flowers of artificially propagated plants; and (d) fruits, and parts and derivatives thereof, of artificially propagated plants of the genus Vanilla.| |#2|All parts and derivatives except: (a) seeds and pollen; and (b) finished products packaged and ready for retail trade.| |#3|Whole and sliced roots and parts of roots, excluding manufactured parts or derivatives, such as powders, pills, extracts, tonics, teas and confectionery.| |#4|All parts and derivatives, except: (a) seeds (including seedpods of Orchidaceae), spores and pollen (including pollinia). The exemption does not apply to seeds from Cactaceae spp. exported from Mexico, and to seeds from Beccariophoenix madagasceriensis and Dypsis decaryi exported from Madagascar; (b) seedling or tissue cultures obtained in vitro, in solid or liquid media, transported in sterile containers; (c) cut flowers of artificially propagated plants; (d) fruits, and parts and derivatives thereof, of naturalized or artificially propagated plants of| ----- (e) stems, flowers, and parts and derivatives thereof, of naturalized or artificially propagated plants of the genera Opuntia subgenus Opuntia and Selenicereus (Cactaceae); and (f) finished products of Aloe ferox and Euphorbia antisyphilitica packaged and ready for retail trade. #5 Logs, sawn wood and veneer sheets. #6 Logs, sawn wood, veneer sheets and plywood. #7 Logs, woodchips, powder and extracts. #8 Underground parts (i.e. roots, rhizomes) : whole, parts and powdered. #9 All parts and derivatives except those bearing a label: “Produced from Hoodia spp. material obtained through controlled harvesting and production under the terms of an agreement with the relevant CITES Management Authority of [Botswana under agreement No. BW/xxxxxx] [Namibia under agreement No. NA/xxxxxx] [South Africa under agreement No. ZA/xxxxxx]”. #10 Designates logs, sawn wood and veneer sheets, including unfinished wood articles used for the fabrication of bows for stringed musical instruments. #11 Logs, sawn wood, veneer sheets, plywood, powder and extracts. Finished products containing such extracts as ingredients, including fragrances, are not considered to be covered by this annotation. #12 Logs, sawn wood, veneer sheets) plywood and extracts. Finished products containing such extracts as ingredients, including fragrances, are not considered to be covered by this annotation. #13 The kernel (also known as ‘endosperm’, ‘pulp’ or ‘copra’) and any derivative thereof, except finished products packaged and ready for retail trade. #14 All parts and derivatives except: (a) seeds and pollen; (b) seedling or tissue cultures obtained in vitro, in solid or liquid media, transported in sterile containers; (c) fruits; 217 |Col1|the genus Vanilla (Orchidaceae) and of the family Cactaceae; (e) stems, flowers, and parts and derivatives thereof, of naturalized or artificially propagated plants of the genera Opuntia subgenus Opuntia and Selenicereus (Cactaceae); and (f) finished products of Aloe ferox and Euphorbia antisyphilitica packaged and ready for retail trade.| |---|---| |#5|Logs, sawn wood and veneer sheets.| |#6|Logs, sawn wood, veneer sheets and plywood.| |#7|Logs, woodchips, powder and extracts.| |#8|Underground parts (i.e. roots, rhizomes) : whole, parts and powdered.| |#9|All parts and derivatives except those bearing a label: “Produced from Hoodia spp. material obtained through controlled harvesting and production under the terms of an agreement with the relevant CITES Management Authority of [Botswana under agreement No. BW/xxxxxx] [Namibia under agreement No. NA/xxxxxx] [South Africa under agreement No. ZA/xxxxxx]”.| |#10|Designates logs, sawn wood and veneer sheets, including unfinished wood articles used for the fabrication of bows for stringed musical instruments.| |#11|Logs, sawn wood, veneer sheets, plywood, powder and extracts. Finished products containing such extracts as ingredients, including fragrances, are not considered to be covered by this annotation.| |#12|Logs, sawn wood, veneer sheets) plywood and extracts. Finished products containing such extracts as ingredients, including fragrances, are not considered to be covered by this annotation.| |#13|The kernel (also known as ‘endosperm’, ‘pulp’ or ‘copra’) and any derivative thereof, except finished products packaged and ready for retail trade.| |#14|All parts and derivatives except: (a) seeds and pollen; (b) seedling or tissue cultures obtained in vitro, in solid or liquid media, transported in sterile containers; (c) fruits;| ----- (f) finished products packaged and ready for retail trade, this exemption does not apply to wood chips, beads, prayer beads and carvings. #15 All parts and derivatives, except: (a) Leaves, flowers, pollen, fruits, and seeds; (b) Finished products to a maximum weight of wood of the listed species of up to 10 kg per shipment; (c) Finished musical instruments, finished musical instrument parts and finished musical instrument accessories; (d) Parts and derivatives of Dalbergia cochinchinensis, which are covered by Annotation [#4]; (e) Parts and derivatives of Dalbergia spp originating and exported from Mexico, which are covered by Annotation [#6]. #16 Seeds, fruits and oils. #17 Logs, sawn wood, veneer sheets, plywood and transformed wood. #18 Excluding parts and derivatives, other than eggs.] 218 |Col1|(d) leaves; (e) exhausted agarwood powder, including compressed powder in all shapes; and (f) finished products packaged and ready for retail trade, this exemption does not apply to wood chips, beads, prayer beads and carvings.| |---|---| |#15|All parts and derivatives, except: (a) Leaves, flowers, pollen, fruits, and seeds; (b) Finished products to a maximum weight of wood of the listed species of up to 10 kg per shipment; (c) Finished musical instruments, finished musical instrument parts and finished musical instrument accessories; (d) Parts and derivatives of Dalbergia cochinchinensis, which are covered by Annotation #4; (e) Parts and derivatives of Dalbergia spp originating and exported from Mexico, which are covered by Annotation #6.| |#16|Seeds, fruits and oils.| |#17|Logs, sawn wood, veneer sheets, plywood and transformed wood.| |#18|Excluding parts and derivatives, other than eggs.]| -----

9-Sep-1972

52

The Antiquities and Art Treasures Act, 1972

https://www.indiacode.nic.in/bitstream/123456789/1693/1/a1972-52.pdf

central

# THE ANTIQUITIES AND ART TREASURES ACT, 1972 _______ ARRANGEMENT OF SECTIONS ________ SECTIONS 1. Short title, extent and commencement. 2. Definitions. 3. Regulation of export trade in antiquities and art treasures. 4. Application of Act 52 of 1962. 5. Antiquities to be sold only under a licence. 6. Appointment of licensing officers. 7. Application for licence. 8. Grant of licence. 9. Renewal of licence. 10. Maintenance of records, photographs and registers by licensees. 11. Revocation, suspension and amendment of licences. 12. Persons whose licences have been revoked may sell antiquities to other licensees. 13. Power of Central Government to carry on the business of selling antiquities to the exclusion of others. 14. Registration of antiquities. 15. Appointment of registering officers. 16. Application for registration and grant of certificate of registration. 17. Transfer of ownership, etc., of antiquities to be intimated to the registering officer. 18. Provisions of sections 14, 16 and 17 not to apply in certain cases. 19. Power of Central Government to compulsorily acquire antiquities and art treasures. 20. Payment of compensation for antiquities and art treasures compulsorily acquired under section 19. 21. Appeals against decisions of licensing officers and registering officers. 22. Appeals against awards of arbitrators. 23. Powers of entry, search, seizure, etc. 24. Power to determine whether or not an article, etc., is antiquity or art treasure. 25. Penalty. 26. Cognizance of offences. 27. Magistrate’s power to impose enhanced penalties. 28. Offences by companies. 29. Protection of action taken in good faith. 30. Application of other laws not barred. 31. Power to make rules. 32. Repeal. 33. Amendment of Act 24 of 1958. 1 ----- # THE ANTIQUITIES AND ART TREASURES ACT, 1972 ACT NO. 52 OF 1972 [9th September, 1972.] An Act to regulate the export trade in antiquities and art treasures, to provide for the prevention of smuggling of, and fraudulent dealings in, antiquities, to provide for the compulsory acquisition of antiquities and art treasures for preservation in public places and to provide for certain other matters connected therewith or incidental or ancillary thereto. BE it enacted by Parliament in the Twenty-third Year of the Republic of India as follows:— **1. Short title, extent and commencement.—(1) This Act may be called the Antiquities and Art** Treasures Act, 1972. (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 and different dates may be appointed for different provisions of this Act and for different States and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. **2. Definitions.—(1) In this Act, unless the context otherwise requires,—** (a) “antiquity” includes— (1) (i) any coin, sculpture, painting, epigraph or other work of art or craftsmanship; (ii) any article, object or thing detached from a building or cave; (iii) any article, object or thing illustrative of science, art, crafts, literature, religion, customs, morals or politics in bygone ages; (iv) any article, object or thing of historical interest; (v) any article, object or thing declared by the Central Government, by notification in the Official Gazette, to be an antiquity for the purposes of this Act, which has been in existence for not less than one hundred years; and (II) any manuscript, record or other document which is of scientific, historical, literary or aesthetic value and which has been in existence for not less than seventy-five years; (b) “art treasure” means any human work of art, not being an antiquity, declared by the Central Government by notification in the Official Gazette, to be an art treasure for the purposes of this Act having regard to its artistic or aesthetic value: Provided that no declaration under this clause shall be made in respect of any such work of art so long as the author thereof is alive; (c) “export” means taking out of India to a place outside India; (d) “licensing officer” means an officer appointed as such under section 6; (e) “registering officer” means an officer appointed as such under section 15; (f) “prescribed” means prescribed by rules made under this Act. (2) Any reference in this Act to any law which is not In force in any area shall, in relation to that area, be construed as a reference to the corresponding law, if any, in force in that area. 1. 5th April, 1976, vide notification No. G.S.R. 279(E), dated 5th April, 1976, (except the State of Sikkim), see Gazette of India, Part II, sec. 3(i). 1st June, 1979, _vide notification No. G.S.R. 312(E), dated 15th May, 1979 [in respect of the State of Sikkim, the_ provisions of ss. 2, 3, 4, 19, 20, 22, 24, sub-section (1) of s. 25, sub-section (1) of s. 26 and ss. 27, 28, 29, 30 and 31], see Gazette of India, Part II, sec. 3(i). 2 ----- **3. Regulation of export trade in antiquities and art treasures.—(1) On and from the** commencement of this Act, it shall not be lawful for any person, other than the Central Government or any authority or agency authorized by the Central Government in this behalf, to export any antiquity or art treasure. (2) Whenever the Central Government or any authority or agency referred to in sub-section (1) intends to export any antiquity or art treasure such export shall be made only under and in accordance with the terms and conditions of a permit issued for the purpose by such authority as may be prescribed. **4. Application of Act 52 of 1962.—The Customs Act, 1962, shall have effect in relation to all** antiquities and art treasures, the export of which by any person (other than the Central Government or any authority or agency authorized by the Central Government) is prohibited under section 3 save in so far as that Act is inconsistent with the provisions of this Act and except that (notwithstanding anything contained in section 125 of that Act) any confiscation authorized under that Act shall be made unless the Central Government on an application made to it in this behalf, otherwise directs. **5. Antiquities to be sold only under a licence.—[1][As from the date of expiry of a period of six** months from the commencement of this Act] no person shall, himself or by any other person on his behalf, carry on the business of selling or offering to sell any antiquity except under and in accordance with the terms and conditions of a licence granted under section 8. _Explanation.—In this section and in sections 7, 8, 12, 13, 14, 17 and 18 “antiquity” does not include_ ancient and historical records other than those declared by or under law made by Parliament, to be of national importance. **6. Appointment of licensing officers.—The Central Government may, by notified order,—** (a) appoint such persons, being gazetted officers of Government, as it thinks fit, to be licensing officers for the purposes of this Act; (b) define the limits of the area within which a licensing officer shall exercise the powers conferred on licensing officers by or under this Act. **7. Application for licence.—(1) Any person desiring to carry on, himself or by any other person on** his behalf, the business of selling or offering to sell antiquities may make an application for the grant of a licence to the licensing officer having jurisdiction. (2) Every application under sub-section (1) shall be made in such form and shall contain such particulars as may be prescribed. **8. Grant of licence.—(1) On receipt of an application for the grant of a licence under section 7, the** licensing officer may, after holding such inquiry as he deems fit, grant a licence to the applicant having regard to the following factors, namely:— (a) the experience of the applicant with respect to trade in antiquities; (b) the village, town or city where the applicant intends to carry on business; (c) the number of persons already engaged in the business of selling, or offering for sale of, antiquities in the said village, town or city; and (d) such other factors as may be prescribed: Provided that no licence shall be granted to the applicant if he is convicted of an offence punishable under the Antiquities (Export Control) Act, 1947 (31 of 1947) unless a period of ten years has elapsed since the date of the conviction. (2) Every licence granted under this section shall be on payment of such fees as may be prescribed. (3) Every licence granted under this section shall be for such period, subject to such conditions and in such form and shall contain such particulars, as may be prescribed. 1. Subs. by Act 82 of 1976, s. 2, for “On and from the expiry of a period of two months of the commencement of this Act” (w.e.f. 4-6-1976). 3 ----- (4) No application for the grant of a licence made under section 7 shall be rejected unless the applicant has been given a reasonable opportunity of being heard in the matter. **9. Renewal of licence.—(1) A licence granted under section 8 may, on an application made by the** licensee, be renewed by the licensing officer for such period and on payment of such fees as may be prescribed. (2) No application made under this section shall be rejected unless the applicant has been given a reasonable opportunity of being heard in the matter. **10. Maintenance of records, photographs and registers by licensees.—(1) Every holder of a** licence granted under section 8 or renewed under section 9 shall maintain such records, photographs and registers, in such manner and containing such particulars, as may be prescribed. (2) Every record, photograph and register maintained under sub-section (1) shall, at all reasonable times, be open to inspection by the licensing officer or by any other gazetted officer of Government authorised in writing by the licensing officer in this behalf. **11. Revocation, suspension and amendment of licences.—(1) If the licensing officer is satisfied** either on a reference made to him in this behalf or otherwise that— (a) a licence granted under section 8 has been obtained by misrepresentation of an essential fact, or (b) the holder of a licence has, without reasonable cause, failed to comply with the conditions subject to which the licence has been granted or has contravened any of the provisions of this Act or the rules made thereunder, then, without prejudice to any other penalty to which the holder of the licence may be liable under this Act, the licensing officer may, after giving the holder of the licence an opportunity of showing cause, revoke or suspend the licence. (2) Subject to any rules that may be made in this behalf, the licensing officer may also vary or amend a licence granted under section 8. **12.** **Persons** **whose** **licences** **have** **been** **revoked** **may** **sell** **antiquities** **to** **other** **licensees.—Notwithstanding anything contained in section 5, any person whose licence has been revoked** under section 11 may, after making a declaration before the licensing officer, within such period, in such form and in such manner, as may be prescribed, of all the antiquities in his ownership, control or possession immediately before such revocation, sell such antiquities to any other person holding a valid licence under this Act: Provided that no such antiquity shall be sold after the expiry of a period of six months from the date of revocation of the licence. **13. Power of Central Government to carry on the business of selling antiquities to the exclusion** **of others.—(1) If the Central Government is of opinion that with a view to conserving antiquities or in** the public interest it is necessary or expedient so to do, it may, by notification in the Official Gazette, declare that with effect on and from such date as may be specified in the notification, the Central Government or any authority or agency authorised by the Central Government in this behalf shall alone be entitled to carry on the business of selling or offering for sale of antiquities. (2) On the issue of a notification under sub-section (1),— (a) it shall not be lawful for any person, authority or agency, other than the Central Government or any authority or agency authorized by the Central Government, to carry on the business of selling or offering for sale any antiquity on and from the date specified therein; (b) the provisions of this Act, in so far as they relate to the licensing of persons carrying on the business of selling or offering for sale of antiquities shall cease to have effect except as respects things done or omitted to be done before such cesser of operation and section 6 of the General Clauses Act, 1897 (10 of 1897) shall apply upon such cesser of operation as if those provisions had been repealed by a Central Act: 4 ----- Provided that every licence granted under section 8 and in force on the date aforesaid shall, notwithstanding that the period specified therein has not expired, cease to be in force. (3) Every person whose licence has ceased to be in force under the proviso to clause (b) of sub-section (2) shall, within such period, in such form and in such manner as may be prescribed, make a declaration before the licensing officer of all the antiquities in his ownership, control or possession immediately before the date specified in the notification issued under sub-section (1). **14. Registration of antiquities.—(1) The Central Government may, from time to time, by** notification in the Official Gazette, specify those antiquities which shall be registered under this Act. (2) In specifying the antiquities under sub-section (1), the Central Government shall have regard to the following factors, namely:— (i) the necessity for conserving the objects of art; (ii) the need to preserve such objects within India for the better appreciation of the cultural heritage of India; (iii) such other factors as will, or are likely to, contribute to the safeguarding of the cultural heritage of India. (3) Every person who owns, controls or is in possession of any antiquity specified in the notification issued under sub-section (1) shall register such antiquity before the registering officer— (a) in the case of a person who owns, controls or possesses such antiquity on the date of issue of such notification, within three months of such date; and (b) in the case of any other person, within fifteen days of the date on which he comes into ownership, control or possession of such antiquity, and obtain a certificate in token of such registration. **15. Appointment of registering officers.—The Central Government may, by notified order,—** (a) appoint such persons, as it thinks fit, to be registering officers for the purposes of this Act; and (b) define the limits of the area within which a registering officer shall exercise the powers conferred on registering officers by or under this Act. **16. Application for registration and grant of certificate of registration.—(1) Every person** required to register any antiquity before the registering officer under section 14 shall make an application to the registering officer for the grant of a certificate of registration. (2) Every application under sub-section (1) [1][shall, in the case of such antiquities or class of antiquities as the Central Government may, by notification in the Official Gazette, specify, be accompanied] by such photographs of the antiquity which is to be registered and by such number of copies, not exceeding six, as may be prescribed and shall be made in such form and shall contain such particulars as may be prescribed. (3) On receipt of an application under sub-section (1), the registering officer may, after holding such inquiry as he deems fit, grant a certificate of registration containing such particulars as may be prescribed. (4) No application made under this section shall be rejected unless the applicant has been given a reasonable opportunity of being heard in the matter. **17. Transfer of ownership, etc., of antiquities to be intimated to the registering** **officer.—Whenever any person transfers the ownership, control or possession of any antiquity specified** in any notification issued under sub-section (1) of section 14 such person shall intimate, within such period and in such form as may be prescribed, the fact of such transfer to the registering officer. 1. Subs. by Act 82 of 1976, s. 3, for “shall be accompanied” (w.e.f. 4-6-1976). 5 ----- **18. Provisions of sections 14, 16 and 17 not to apply in certain cases.—Nothing in section 14 or** section 16 or section 17 shall apply to any antiquity kept— (i) in a museum; or (ii) in an office; or (iii) in an archive; or (iv) in an educational or cultural institution, owned, controlled or managed by the Government [1][or by any local authority or by any such body as the Central Government may, for reasons to be recorded in writing, approve for the purpose of this section by general or special order]. **19. Power of Central Government to compulsorily acquire antiquities and art treasures.—(1) If** the Central Government is of opinion that it is desirable to preserve any antiquity or art treasure in a public place, that Government may make an order for the compulsory acquisition of such antiquity or art treasure. (2) On the making of an order under sub-section (1) the Collector of the district in which such antiquity or art treasure is kept shall give notice to the owner thereof intimating him of the decision of the Central Government to acquire the same and it shall be lawful for the Collector to take possession of such antiquity or art treasure, for which purpose the Collector may use such force as may be necessary. (3) Where the owner of any antiquity or art treasure the possession of which has been taken over by the Collector under sub-section (2) objects to the taking over of such possession, he may, within a period of thirty days from the date on which such possession was taken over, make a representation to the Central Government putting forth his objections: Provided that the Central Government may entertain the representation after the expiry of the said period of thirty days, if it is satisfied that the owner of such antiquity or art treasure was prevented by sufficient cause from making the representation in time. (4) On receipt of any representation under sub-section (3), the Central Government, after making such inquiry as it deems fit and after giving to the objector an opportunity of being heard in the matter, shall, within a period of ninety days from the date of receipt of the representation, either rescind or confirm the order made by it under sub-section (1). (5) Where any order made by the Central Government under sub-section (1) is rescinded under sub-section (4) the antiquity or art treasure shall be returned to the owner thereof without delay and at the expense of the Central Government. (6) Where the order made by the Central Government under sub-section (1) is confirmed under sub-section (4) the antiquity or art treasure shall vest in the Central Government with effect from the date on which the possession thereof has been taken over by the Collector under sub-section (2). (7) The power of compulsory acquisition conferred by this section shall not extend to any object, being an antiquity or art treasure, used for bona fide religious observances. _Explanation.—In this section, “public place” means any place which is open to the use of the public,_ whether on payment of fees or not, or whether it is actually used by the public or not. **20. Payment of compensation for antiquities and art treasures compulsorily acquired under** **section 19.—(1) Where any antiquity or art treasure is compulsorily acquired under section 19, 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; 1. Ins. by Act 82 of 1976, s. 4 (w.e.f. 4-6-1976). 6 ----- (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 antiquity or art treasure compulsorily 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 compensation 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-section (2); (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 arbitration under this section. (2) While determining the compensation under sub-section (1), the arbitrator shall have regard to the following factors, namely:— (i) the date or the period to which the antiquity or art treasure belongs; (ii) the artistic, aesthetic, historical, architectural, archaeological or anthropological importance of the antiquity or art treasure; (iii) the rarity of the antiquity or art treasure; (iv) such other matters as are relevant to the dispute. (3) The arbitrator appointed under sub-section (1), while holding arbitration proceedings under this section, 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 the examination of witnesses. **21. Appeals against decisions of licensing officers and registering officers.—(1) Any person** aggrieved by a decision of a licensing officer under section 8 or section 9 or section 11 or by a decision of a registering officer under section 16 may, within thirty days from the date on which the decision is communicated to him, prefer an appeal to such authority as may be prescribed: Provided that the appellate authority 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. (2) On receipt of an appeal under sub-section (1), the appellate authority shall, after giving the appellant an opportunity of being heard, pass such orders as it deems fit. **22. Appeals against awards of arbitrators.—Any person aggrieved by an award of the arbitrator** made under section 20 may, within thirty days from the date on which the award is communicated to him, prefer an appeal to the High Court within whose jurisdiction he resides: 7 ----- 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 a sufficient cause from filing the appeal in time. **23. Powers of entry, search, seizure, etc.—(1) Any person, being an officer of Government,** authorized in this behalf by the Central Government, may, with a view to securing compliance with the provisions of this Act or to satisfying himself that the provisions of this Act have been complied with— (i) enter and search any place; (ii) seize any antiquity or art treasure in respect of which he suspects that any provision of this Act has been, is being, or is about to be, contravened and thereafter take all measures necessary for securing the production of the antiquity or art treasure so seized in a court and for its safe custody, pending such production. (2) The provisions of sections 102 and 103 of the Code of Criminal Procedure, 1898 (5 of 1898) relating to search and seizure shall, so far as may be, apply to searches and seizures under this section. **24. Power to determine whether or not an article, etc., is antiquity or art treasure.—If any** question arises whether any article, object or thing or manuscript, record or other document is or is not an antiquity or is or is not an art treasure for the purposes of this Act, it shall be referred to the Director General, Archaeological Survey of India, or to an officer not below the rank of a Director in the Archaeological Survey of India authorized by the Director General, Archaeological Survey of India and the decision of the Director General, Archaeological Survey of India or such officer, as the case may be, on such question shall be final. **25. Penalty.—(1) If any person, himself or by any other person on his behalf, exports or attempts to** export any antiquity or art treasure in contravention of section 3, he shall, without prejudice to any confiscation or penalty to which he may be liable under the provisions of the Customs Act, 1962 (52 of 1962) as applied by section 4, 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. (2) If any person contravenes the provisions of section 5 or section 12 or sub-section (2) or sub-section (3) of section 13 or section 14 or section 17, he shall be punishable with imprisonment for a term which may extend to six months or with fine or with both and the antiquity in respect of which the offence has been committed shall be liable to confiscation. (3) if any person prevents any licensing officer from inspecting any record, photograph or register maintained under section 10 or prevents any officer authorized by the Central Government under sub-section (1) of section 23 from entering into or searching any place under that sub-section, he shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both. **26. Cognizance of offences.—(1) No prosecution for an offence under sub-section (1) of section 25** shall be instituted except by or with the sanction of such officer of Government as may be prescribed in this behalf. (2) No court shall take cognizance of an offence punishable under sub-section (2) or sub-section (3) of section 25 except upon complaint in writing made by an officer generally or specially authorized in this behalf by the Central Government. (3) No court inferior to that of a Presidency Magistrate or a Magistrate of the First Class shall try any offence punishable under this Act. **27. Magistrate’s power to impose enhanced penalties.—Notwithstanding anything contained in** section 32 of the Code of Criminal Procedure, 1898 (5 of 1898), it shall be lawful for any Presidency Magistrate or any Magistrate of the First Class to pass any sentence under this Act in excess of his power under section 32 of the said Code. **28. Offences by companies.—(1) Where an offence under this Act has been committed by a** company, every person who at the time the offence was committed was in charge of, or 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: 8 ----- Provided that nothing contained in this sub-section shall render any such person liable to any punishment under 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, 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. **29. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall** lie against the Government or any officer of the Government for anything which is in good faith done or is intended to be done under this Act. **30. Application of other laws not barred.—The provisions of this Act shall be in addition to, and** not in derogation of, the provisions of the Ancient Monuments Preservation Act, 1904 (7 of 1904) or the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (24 of 1958), or any other law for the time being in force. **31. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette,** 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— (a) the authority for issue of permit under sub-section (2) of section 3; (b) the form in which an application for the grant of a licence may be made under sub-section (1) of section 7 and the particulars which such application shall contain; (c) the factors to which regard may be had while granting a licence under sub-section (1) of section 8; (d) 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 under sub-section (1) of section 8 and the particulars which such licence shall contain; (e) the fees on payment of which and the period for which a licence may be renewed under sub-section (1) of section 9; (f) the records, photographs and registers which are to be maintained under section 10 and the manner in which such records, photographs and registers shall be maintained and the particulars which such records, photographs and registers shall contain; (g) the nature of the photographs of the antiquity and the number of copies thereof which shall accompany an application for the grant of a certificate of registration to be made under sub-section (1) of section 16 and the form in which such application may be made and the particulars which such application shall contain; (h) the particulars which a certificate of registration granted under sub-section (3) of section 16 shall contain; (i) the authority to which an appeal may be preferred under sub-section (1) of section 21; and (j) any other matter which has to be or may be prescribed. 9 ----- (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. **32. Repeal.—(1) The Antiquities (Export Control) Act, 1947 (3 of 1947) is hereby repealed.** (2) For the removal of doubts it is hereby declared that every licence issued under section 3 of the Act repealed under sub-section (1) and in force at the commencement of this Act shall, notwithstanding that the period specified therein has not expired, cease to be in force. **33. Amendment of Act 24 of 1958.—In the Ancient Monuments and Archaeological Sites and** Remains Act, 1958,— (i) in section 1, for sub-section (2), the following sub-section shall be substituted, namely:— “(2) It extends to the whole of India.”; (ii) after section 2, the following section shall be inserted, namely:— **“2A. Construction of references to any law not in force in the State of Jammu and** **Kashmir*.—Any reference in this Act to any 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.”; (iii) in section 23,— (a) in sub-sections (2) and (4), for the words “compulsory purchase”, the words “compulsory acquisition” shall be substituted; (b) in sub-section (3), for the words “compulsory purchase of any such antiquities at their market value”, the words “compulsory acquisition of any such antiquities” shall be substituted; (iv) in section 26,— (a) in sub-section (1), for the words “compulsory purchase of such antiquity at its market value”, the words “compulsory acquisition of such antiquity” and for the words “to be purchased”, the words “to be acquired” shall be substituted; (b) in sub-sections (2) and (3), for the words “compulsory purchase”, the words “compulsory acquisition” shall be substituted; (v) in section 28, for sub-section (2), the following sub-section shall be substituted, namely:— “(2) For every antiquity in respect of which an order for compulsory acquisition has been made under sub-section (3) of section 23 or under sub-section (1) of section 26, there shall be paid compensation and the provisions of sections 20 and 22 of the Antiquities and Art Treasures Act, 1972 shall, so far as may be, apply in relation to the determination and payment of such compensation as they apply in relation to the determination and payment of compensation for any antiquity or art treasure compulsorily acquired under section 19 of that Act.”. *. 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. 10 -----

20-Sep-1972

57

The General Insurance Business (Nationalisation) Act, 1972

https://www.indiacode.nic.in/bitstream/123456789/1710/1/AA1972___57.pdf

central

# THE GENERAL INSURANCE BUSINESS (NATIONALISATION) ACT, 1972 _________ ARRANGEMENT OF SECTIONS Last updated: 24-9-2021 ________ CHAPTER I PRELIMINARY SECTIONS 1. Short title. 2. Declaration as to the policy of the State. 3. Definitions. CHAPTER II TRANSFER TO PUBLIC OWNERSHIP OF GENERAL INSURANCE BUSINESS 4. Transfer of shares of Indian insurance companies. 5. Transfer of undertakings of other existing insurers. 6. Effect of transfer of undertakings. 7. Transfer of service of existing employees in certain cases. 8. Provident, superannuation, welfare and other funds. CHAPTER III GENERAL INSURANCE CORPORATION OF INDIA 9. Formation of General Insurance Corporation of India. 10. Transfer to Corporation of shares vested in Central Government. 10A. Transfer to Central Government of shares vested in Corporation. 10B. Enhancement of equity capital of General Insurance companies. CHAPTER IV AMOUNTS TO BE PAID FOR ACQUISITIONS 11. Amounts to be paid for transfer and vesting of shares or undertakings. 12. Disbursement of amounts by Corporation. 13. Mode of payment. 14. Amount payable to shareholders may be paid to named persons instead in certain cases. 15. Payment into court in case of rival claims. CHAPTER V SCHEME FOR REORGANISATION OF GENERAL INSURANCE BUSINESS 16. Schemes for mergers of companies, etc. 17. Laying of schemes and notifications before Parliament. CHAPTER VA TERMS AND CONDITIONS OF SERVICE OF OFFICERS AND OTHER EMPLOYEES 17A. Power of Central Government to regulate the terms and conditions of service of officers and other employees. 1 ----- CHAPTER VI FUNCTIONS OF CORPORATION AND ACQUIRING COMPANIES AND THEIR MANAGEMENT SECTIONS 18. Functions of Corporation. 19. Functions of acquiring companies. 20. Balance of profit how to be utilised. 21. Interim provisions for management of Indian insurance companies. 22. Power of Central Government to transfer employees. 23. Power of Central Government to issue directions. CHAPTER VII MISCELLANEOUS 24. Acquiring companies to have the exclusive privilege of carrying on general insurance business. 24A. Exclusive privilege of Corporation and acquiring companies to cease. 24B. Cessation of application of Act. 25. [Omitted.] 26. Acquiring companies and income-tax. 27. Power to reduce amounts of insurance in certain eases 28. Right of acquiring company to seek relief in respect of certain transactions. 29. Duty to deliver possession of property and documents relating thereto. 30. Penalty for withholding property, etc. 31. Officers and employees of Corporation or of acquiring companies to be public servants. 31A. Liability of director of specified insurer. 32. Indemnity. 33. Dissolution of Corporation and acquiring companies. 34. Reference to existing insurer in other laws. 35. Application of Insurance Act. 35A. [Omitted.] 36. Exemptions. 37. Vacancies, etc., not to invalidate proceedings. 38. Protection of action taken in good faith. 38A. Powers of Insurance Regulatory and Development Authority of India not to apply to International Financial Services Centre. 39. Power to make rules. 40. [Repealed.] THE SCHEDULE. 2 ----- # THE GENERAL INSURANCE BUSINESS (NATIONALISATION) ACT, 1972 ACT NO. 57 OF 1972 [20th September, 1972.] # An Act to provide for the acquisition and transfer of shares of Indian insurance companies and undertakings of other existing insurers in order to serve better the needs of the economy by securing the development of general insurance business in the best interests of the community and to ensure that the operation of the economic system does not result in the concentration of wealth to the common detriment, for the regulation and control of such business and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Twenty-third Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title.—This Act may be called the General Insurance Business (Nationalisation) Act, 1972.** **2. Declaration as to the policy of the State.—It is hereby declared that this Act is for giving effect to** the policy of the State towards securing the principles specified in clause (c) of article 39 of the Constitution. _Explanation.—In this section, “State” has the same meaning as in article 12 of the Constitution._ **3. Definitions.—In this Act, unless the context otherwise requires,—** (a) “acquiring company” means any Indian insurance company and, where a scheme has been framed involving the merger of one Indian insurance company in another or the amalgamation of two or more such companies, means the Indian insurance company in which any other company has been merged or the company which has been formed as a result of the amalgamation; (b) “appointed day” means such day not being a day later than the 2nd day of January, 1973, as the Central Government may, by notification, appoint; 1[(ba) “board of directors” or “board”, in relation to a specified insurer, shall have the same meaning as assigned to it in clause (10) of section 2 of the Companies Act, 2013 (18 of 2013);] (c) “Companies Act” means [2][the Companies Act, 2013 (18 of 2013)]; (d) “Corporation” means the General Insurance Corporation of India formed under section 9; (e) “existing insurer” means every insurer the management of whose undertaking has vested in the Central Government under section 3 of the General Insurance (Emergency Provisions) Act, 1971 (17 of 1971), and includes the undertaking of the Life Insurance Corporation in so far as it relates to the general insurance business carried on by it; (f) “foreign insurer” means an existing insurer incorporated under the law of any country outside India; 3[(g) “general insurance business" shall have the same meaning as assigned to it in the Insurance Act, 1938 (4 of 1938);] (h) “Government company” means a Government company as defined in [4][clause (45) of section 2] of the Companies Act; (i) “Indian insurance company” means an existing insurer having a share capital who is a company within the meaning of the Companies Act; (j) “Insurance Act” means the Insurance Act, 1938 (4 of 1938); 1. Ins. by Act 37 of 2021, s. 2 (w.e.f. 27-8-2021). 2. Subs. by s. 2, ibid., for "the Companies Act, 1956 (1 of 1956)” (w.e.f. 27-8-2021). 3. Subs. by s. 2, ibid., for clause (g) (w.e.f. 27-8-2021). 4. Subs. by s. 2, ibid., for “section 617” (w.e.f. 27-8-2021). 3 ----- (k) Life Insurance Corporation means the Life Insurance Corporation of India established under the Life Insurance Corporation Act, 1956 (31 of 1956); (l) “notification” means a notification published in the Official Gazette; (m) “prescribed” means prescribed by rules made under this Act; (n) “Schedule” means the Schedule to this Act; (o) “scheme” means the scheme framed under section 16 [1][and also includes a scheme framed under section 17A]; 2[(oa) “specified insurer” means the Corporation as defined in clause (d) or any of the insurance companies specified in section 10A;] (p) words and expressions used in this Act but not defined herein and defined in the Insurance Act, shall have the meanings respectively assigned to them in that Act; (q) words and expressions used in this Act but not defined herein or in the Insurance Act and defined in the Companies Act, shall have the meanings respectively assigned to them in the Companies Act. CHAPTER II TRANSFER TO PUBLIC OWNERSHIP OF GENERAL INSURANCE BUSINESS **4. Transfer of shares of Indian insurance companies.—(1) On the appointed day, all the shares in** the capital of every Indian insurance company shall, by virtue of this Act, stand transferred to and vested in the Central Government free of all trusts, liabilities and encumbrances affecting them. (2) Out of the shares so transferred and vested, the Central Government shall, immediately thereafter, by notification, provide for the transfer of not less than ten shares of every such company to such persons as may be specified in the notification to enable the Indian insurance company to function as a Government company. (3) Every notification made under sub-section (2) shall specify the names and description of the persons to whom the shares are transferred and the particulars of the shares which are transferred to each such person. (4) A copy of every notification made under sub-section (2) shall, as soon as may be after it is made, be sent by the Central Government to the concerned Indian insurance company, who shall, on receipt of such copy, and notwithstanding anything contained in the Companies Act or in its articles of association, forthwith rectify its register of members by including therein the persons mentioned in the notification as the holders of the shares specified therein. (5) For the removal of doubts it is hereby declared that the transfer and vesting of shares effected under sub-section (1) shall not be deemed to affect any right of the Indian insurance company subsisting immediately before the appointed day against any shareholder to recover from him any sum of money on the ground that that shareholder has not paid or credited to the insurer the whole or any part of the value of the shares held by him or on any other ground whatsoever. **5. Transfer of undertakings of other existing insurers.—(1) On the appointed day, the undertaking** of every existing insurer who is not an Indian insurance company shall stand transferred to and vested in the Central Government and the Central Government shall immediately thereafter provide, by notification, for the transfer to and vesting in such Indian insurance company, as it may specify in the notification, of that undertaking. (2) Any notification made under sub-section (1) may provide that any of the undertakings aforesaid may be transferred to and vested in more than one Indian insurance company in such manner and subject to such conditions as may be specified in the notification. **6. Effect of transfer of undertakings.—(1) The undertaking of every such existing insurer as is** referred to in section 5 shall be deemed to include all assets, rights, powers, authorities and privileges and all property, movable and immovable, cash balances, reserve funds, investments and all other rights and 1. Ins. by Act 3 of 1985, s. 2 (w.e.f.17-9-1984). 2. Ins. by Act 37 of 2021, s. 2 (w.e.f. 27-8-2021). 4 ----- interests in, or arising out of, such property as were immediately before the appointed day in the ownership, possession, power or control of such existing insurer in relation to the undertaking, whether within or without India, and all books of accounts, registers, records and all other documents of whatever nature relating thereto, and shall also be deemed to include all borrowings, liabilities and obligations of whatever kind then subsisting of the existing insurer in relation to the undertaking. (2) Unless otherwise expressly provided by this Act, all 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 any such insurer as is referred to in section 5 is a party or which are in favour of such existing insurer shall be of as full force and effect against or in favour of the Indian insurance company in which the undertaking or the part to which the instrument relates has vested and may be enforced or acted upon as fully and effectually as if, in the place of the existing insurer referred to in section 5, the Indian insurance company in which the undertaking or any part thereof has vested had been a party thereto, or as if they had been issued in its favour. (3) If, on the appointed day, any suit, appeal or other proceeding of whatever nature in relation to any business of the undertaking which has been transferred under section 5 is pending by or against any such existing insurer as is referred to in that section, the same shall not abate, be discontinued or be in any way prejudicially affected by reason of the transfer of the undertaking or of anything contained in this Act, but the suit, appeal or other proceeding may be continued, prosecuted and enforced by or against the Indian insurance company in which the undertaking or the part to which the proceeding relates has vested. (4) For the removal of doubts it is hereby declared that in the case of a foreign insurer or, as the case may be, the Life Insurance Corporation, the provisions of section 5 and of the preceding sub-sections shall only apply to the extent to which any property appertains, in the former case, to the general insurance business carried on in India and, in the latter case, to the general insurance business carried on, whether within or without India, and to rights and powers acquired, and to debts, liabilities and obligations incurred and to contracts, agreements and other instruments made by the foreign insurer or the Life Insurance Corporation, as the case may be, for the purpose of such general insurance business and to legal proceedings relating to those purposes, and the said provisions shall be construed accordingly. (5) If any question arises as to whether any property appertains to any such general insurance business as is referred to in this section or whether any rights, powers, liabilities or obligations were acquired or incurred or any contract, agreement or other instrument was made by the foreign insurer or the Life Insurance Corporation, as the case may be, for the purposes of any such business or whether any documents relate to those purposes, the question shall be referred to the Central Government which shall, after giving an opportunity of being heard to the persons interested in the matter, decide it in such manner as it thinks fit. **7. Transfer of service of existing employees in certain cases.—(1) Every whole-time officer or** other employee of an existing insurer other than an Indian insurance company who was employed by that insurer wholly or mainly in connection with his general insurance business immediately before the appointed day shall, on the appointed day, become an officer or other employee, as the case may be, of the Indian insurance company in which the undertaking of that insurer or that part of the undertaking to which the service of the officer or other employee relates has vested, and shall hold his office or service under the Indian insurance company on the same terms and conditions and with the same rights to pension, gratuity and other matters as would have been admissible to him if there had been no such vesting, and shall continue to do so unless and until his employment in the Indian insurance company in which the undertaking or part has vested is terminated or until his remuneration, terms and conditions are duly altered by that Indian insurance company: Provided that nothing in this sub-section shall apply to any such officer or other employee who has given, in writing, notice to the Central Government or to any person nominated in this behalf by that Government before the appointed day intimating his intention of not becoming an officer or employee of the Indian insurance company in whom the undertaking or part thereof to which his service relates has vested. (2) If any question arises as to whether any person was a whole-time officer or employee, or as to whether any officer or employee, was employed wholly or mainly in connection with the general insurance business of the existing insurer referred to in sub-section (1) immediately before the appointed day, the question shall be referred within a period of two years from the appointed day and not thereafter 5 ----- to the Central Government which shall, after giving an opportunity of being heard to the person concerned in the matter, decide it in such manner as it thinks fit and such decision shall be final. (3) 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 employee under sub-section (1) shall not entitle any such officer or other employee to any compensation under that Act or such other law, and no such claim shall be entertained by any court, tribunal or other authority. **8. Provident, superannuation, welfare and other funds.—(1) Where an existing insurer has** established a provident, superannuation, welfare or any other fund for the benefit of his employees and constituted a trust in respect thereof (hereafter in this section referred to as an existing trust), the moneys standing to the credit of such fund on the appointed day, together with any other assets belonging to such fund, shall stand transferred to and vested in the Indian insurance company on the appointed day free from any such trust. (2) Where all the employees of the Life Insurance Corporation or any other existing insurer do not become employees of an Indian insurance company, the monies and other assets belonging to any such fund as is referred to in sub-section (1), shall be apportioned between the trustees of the fund and the Indian insurance company in the prescribed manner; and in case of any dispute about such apportionment the decision of the Central Government thereon shall be final. (3) Where the undertaking of an existing insurer has vested in more than one Indian insurance company, the Central Government may, by order, provide for the apportionment among such Indian insurance companies of monies and other assets belonging to any existing trust relating to that undertaking in such manner as in its opinion may be appropriate. (4) The Indian insurance company 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. (5) Where all the moneys and other assets belonging to an existing trust are transferred to and vested in an Indian insurance company under this section, the trustees of such trust shall, as from the appointed day, stand discharged from the trust, except as respects things done or omitted to be done before the appointed day. CHAPTER III GENERAL INSURANCE CORPORATION OF INDIA **9. Formation of General Insurance Corporation of India.—(1) As soon as may be after the** commencement of this Act, the Central Government shall form a Government company in accordance with the provisions of the Companies Act, to be known as the General Insurance Corporation of India for the purpose of superintending, controlling and carrying on the business of general insurance: 1[Provided that on and from the commencement of the General Insurance Business (Nationalisation) Amendment Act, 2002, the provisions of this sub-section shall have effect as if for the words “superintending, controlling and carrying on the business of general insurance”, the words “carrying on re-insurance business” had been substituted.] (2) The authorised capital of the Corporation shall be [2][rupees two hundred and fifty crores, divided into two hundred and fifty lakhs fully paid-up shares] of one hundred rupees each, out of which rupees five crores shall be the initial subscribed capital of the Corporation: 1[Provided that the Central Government may, by notification, increase or reduce the authorised capital or subscribed capital, as the case may be, as it deems fit.] (3) Notwithstanding anything contained in [3][the Companies Act, 2013 (18 of 2013)], it shall not be necessary to add the word “Limited” as the last word of the name of the Corporation. 1.The proviso inserted by Act 40 of 2002, s. 2 (w.e.f. 21-3-2003). 2. Subs. by Act 38 of 1989, s. 2, for “rupees seventy-five crores, divided into seventy-five lakhs fully paid-up shares” (w.e.f. 22 10-1989). 3. Subs. by Act 37 of 2021, s. 3, for “"the Companies Act, 1956 (1 of 1956)” (w.e.f. 27-8-2021). 6 ----- **10. Transfer to Corporation of shares vested in Central Government.** All the shares in the capital of every Indian insurance company which stand transferred to and vested in the Central Government by virtue of section 4 [with the exception of the shares transferred to any person under subsection (2) of that section] shall immediately after such vesting, stand transferred to and vested in the Corporation and every Indian insurance company shall forthwith give effect to such transfer of shares and rectify its register of members by including therein the Corporation as the holder of such shares. **1[10A. Transfer to Central Government of shares vested in Corporation.—All the shares in the** capital of the acquiring companies, being— (a) the National Insurance Company Limited; (b) the New India Assurance Company Limited; (c) the Oriental Insurance Company Limited; (d) the United India Insurance Company Limited, and vested in the Corporation before the commencement of the General Insurance Business (Nationalisation) Amendment Act, 2002 shall, on such commencement, stand transferred to the Central Government.] **2[10B. Enhancement of equity capital of General Insurance companies.—The General Insurance** Corporation and the insurance companies specified in section 10A may, raise their capital for increasing their business in rural and social sectors, to meet solvency margin and such other purposes, as the Central Government may empower in this behalf: 3* - - - *] CHAPTER IV AMOUNTS TO BE PAID FOR ACQUISITIONS **11. Amounts to be paid for transfer and vesting of shares or undertakings.—(1) For the transfer** of the shares of each Indian insurance company to, and vesting in, the Central Government, under section 4, there shall be paid by the Central Government to the Corporation, for distribution to the shareholders of each such company, the amount specified against such company in the corresponding entry under column (3) of Part A of the Schedule. (2) For the transfer to, and vesting in the Central Government, under section 5, of the undertaking of each existing insurer, who is not an Indian insurance company there shall be paid by the Central Government to the Corporation, for payment to each such existing insurer, the amount specified against such insurer in the corresponding entry under column (3) of Part B of the Schedule. **12. Disbursement of amounts by Corporation.—(1) The total amount paid by the Central** Government under section 11 shall be treated as additional contribution to the subscribed capital of the Corporation and such additional subscribed capital shall stand allotted to, and vested in, the Central Government. (2) The Corporation shall distribute the amount paid to it under section 11, to the shareholders of each Indian insurance company and to each existing insurer, who is not an Indian insurance company, in accordance with their rights and interests, and, if there is any doubt or dispute as to the right, or extent of the right, of any person to receive the whole or any part of such amount, refer such doubt or dispute to the Central Government for determination and thereafter, act in accordance with the determination made by that Government. (3) Save as otherwise provided in sub-section (2), the amount referred to in section 11 shall be given in accordance with the provisions of section 13, section 14 or section 15, as the case may be. **13. Mode of payment.—(1) Where the amount referred to in section 11 is to be given—** (a) to the members of an Indian insurance company, the amount due to each such member shall be paid in full, where it does not exceed twenty-five thousand rupees, and where it exceeds twenty 1. Ins. by Act 40 of 2002, s. 3(w.e.f. 21-3-2003). 2. Ins. by Act 5 of 2015, s. 103 (w.e.f. 26-12-2014). 3. The proviso omitted by Act 37 of 2021, s. 4 (w.e.f. 27-8-2021). 7 ----- five thousand rupees, each such member shall be paid twenty five thousand rupees and the balance of the amount due to such member shall be paid to him in three equal annual instalments, the first of which shall fall due on the appointed day; (b) to a foreign insurer, it shall be given to him in cash within three months from the appointed day; (c) to the Life Insurance Corporation, it shall be given to it in three equal annual instalments, the first of which shall fall due on the appointed day; (d) to an existing insurer who is a co-operative society, it shall be distributed as soon as may be after the appointed day in accordance with the rules of the society which will apply in case of dissolution of the society; (e) to an existing insurer not falling within any of the foregoing provisions, it shall be apportioned by the acquiring company among the individual policy-holders of the insurer whose policies with that insurer were in force on the appointed day and were comprised in the undertaking of such insurer in proportion to the premiums paid by the policy-holders under such policies and every such payment shall be made either— (i) in cash, to be sent by postal money order, or (ii) at the option of the policy-holder, as a deduction in the premium due at the time of the renewal of the policy and such option shall be exercised by the policy-holder before the expiry of three months from the appointed day (or within such further time not exceeding three months as the Central Government may, on the application of the policy-holder, allow); and the option so exercised shall be final and shall not be altered or rescinded after it has been exercised: Provided that if any policy-holder fails to exercise his option within the time allowed, he shall be deemedto have exercised his option in favour of payment in cash by postal money order. (2) Where any amount is payable whether in instalments or otherwise under the provisions of this section, the unpaid amount, where its payment has become due shall carry interest at the rate of four per cent. per annum from the appointed day. **14. Amount payable to shareholders may be paid to named persons instead in certain cases.—** (1) Notwithstanding anything contained elsewhere in this Act, if a majority in number of the persons, who, immediately before the appointed day, were registered in the books of an Indian insurance company as the members thereof, and representing two-thirds in value of the amount payable to the Indian insurance company, agree either in person or by proxy at a meeting specially convened for the purpose that the amount so payable instead of being distributed among the members shall be given to any such person or body of persons as the members may nominate either at that meeting or subsequently for the purpose of carrying on any business, and the Central Government is satisfied that due provision has been or will be made for the payment of the value of their respective shares to persons who have dissented from the reasolution, the amount may be given to the person or body of persons so nominated in such manner and subject to such conditions as the Central Government may think fit. (2) No resolution passed at any such meeting as is referred to in sub-section (1) held after the appointed day shall have any effect unless the meeting has been convened after obtained the approval of the Central Government. **15. Payment into court in case of rival claims.—Where a claim to the amount payable under** section 11 is made by two or more persons adversely to one another, the corporation may cause the amount to be deposited in any civil court having jurisdiction in that behalf and the court shall decide as to whom the payment shall be made. CHAPTER V SCHEME FOR REORGANISATION OF GENERAL INSURANCE BUSINESS **16. Schemes for mergers of companies, etc.—(1) If the Central Government is of opinion that for** the more efficient carrying on of general insurance business it is necessary so to do, it may, by notification, frame one or more schemes providing for all or any of the following matters:— (a) the merger in one Indian insurance company of any other Indian insurance company, or the formation of a new company by the amalgamation of two or more Indian insurance companies; 8 ----- (b) the transfer to and vesting in the acquiring company of the undertaking (including all its business, properties, assets and liabilities) of any Indian insurance company which ceases to exist by reason of the scheme; (c) the constitution, name and registered office and the capital structure of the acquiring company and the issue and allotment of shares; (d) the constitution of a board of management by whatever name called for the management of the acquiring company; (e) the alteration of the memorandum and articles of association of the acquiring company for such purposes as may be necessary to give effect to the scheme; (f) the continuance in the acquiring company of the services of all officers and other employees of the Indian insurance company which has ceased to exist by reason of the scheme, on the same terms and conditions which they were getting or, as the case may be, by which they were governed immediately before the commencement of the scheme; (g) the rationalisation or revision of pay scales and other terms and conditions of service of officers and other employees wherever necessary; (h) the transfer to the acquiring company of the provident, superannuation, welfare and other funds relating to the officers and other employees of the Indian insurance company which has ceased to exist by reason of the scheme; (i) the continuance by or against the acquiring company of legal proceedings pending by or against any Indian insurance company which has ceased to exist by reason of the scheme, and the initiation of such legal proceedings, civil or criminal, as the Indian insurance company might have initiated if it had not ceased to exist; (j) such incidental, consequential and supplemental matters as are necessary to give full effect to the scheme. (2) In framing schemes under sub-section (1), the object of the Central Government shall be to ensure that ultimately there are [1][up to four companies] (excluding the Corporation) in existing and that they are so situate as to render their combined services effective in all parts of India. (3) Where a scheme under sub-section (1) provides for the transfer of any property or liabilities, then, by virtue of the scheme, the property shall stand transferred to and vested in, and those liabilities shall be transferred to and become the liabilities of, the acquiring company. (4) If the rationalisation or revision of any pay scale or other terms and conditions of service under any scheme is not acceptable to any officer or other employee, the acquiring company 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 officer or other employee under this sub-section shall_ be in addition to, and shall not affect, any pension, gratuity, provident fund or other benefit to which the employee may be entitled under his contract of service. (5) 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 employee of an Indian insurance company to the acquiring company shall not entitled any such officer or other employee to any compensation under that Act or other law, and no such claim shall be entertained by any court, tribunal or other authority. (6) The Central Government may, by notification, add to, amend or vary any scheme framed under this section. 1. Subs. by Act 23 of 2019, s. 149, for the words “only four companies” (w.e.f. 1-8-2019.) 9 ----- (7) The provisions of this section and of any scheme framed under it shall have effect notwithstanding anything to the contrary contained in any other law or any agreement, award or other instrument for the time being in force. 1[(8) The power to frame a scheme under sub-section (1), and the power conferred by sub-section (6) to add to, amend or vary any scheme framed under this section, shall include the power to frame such scheme with retrospective effect from a date not earlier than the appointed day.] 2[17. Laying of schemes and notifications before Parliament.—Every scheme framed under sub section (1) of section 16 and every notification issued under sub-section (3) of that section shall be laid, as soon as may be after it is framed 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 scheme or notification or both Houses agree that the scheme or notification should not be framed or issued, the scheme 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 scheme or notification.] 3[CHAPTER VA TERMS AND CONDITIONS OF SERVICE OF OFFICERS AND OTHER EMPLOYEES **17A. Power of Central Government to regulate the terms and conditions of service of officers** **and other employees.—(1) The Central Government may, by notification in the Official Gazette, frame** one or more schemes for regulating the pay scales and other terms and conditions of service of officers and other employees of the Corporation or of any acquiring company. (2) A scheme framed under sub-section (1) may add to, amend or vary any scheme framed under section 16 [including any addition, amendment or variation made therein by notification under subsection (6) of section 16] with respect to rationalisation or revision of pay scales and other terms and conditions of service of officers and other employees of the Corporation or of any acquiring company, to provide for further rationalisation or revision of such pay scales and other terms and conditions of service notwithstanding that such further rationalisation or revision is unrelated to, or unconnected with, the amalgamation of insurance companies or merger consequent on nationalisation of general insurance business. (3) The Central Government may, by notification, add to, amend or vary any scheme framed under this section. (4) The power to frame a scheme under sub-section (1), and the power conferred by sub-section (3) to add to, amend or vary any scheme framed under this section, shall include the power to frame such scheme, or, as the case may be, to make such addition, amendment or variation in any scheme framed under this section, with retrospective effect from a date not earlier than the appointed day. (5) A copy of every scheme, and every amendment thereto, framed under this section shall be laid, as soon as may be after it is made, before each House of Parliament. (6) The provisions of this section and of any scheme framed under it shall have effect notwithstanding anything to the contrary contained in any other law or any agreement, award or other instrument for the time being in force.] CHAPTER VI FUNCTIONS OF CORPORATION AND ACQUIRING COMPANIES AND THEIR MANAGEMENT **18. Functions of Corporation.—(1) The functions of the Corporation shall include—** (a) the carrying on of any part of the general insurance business, if it thinks it desirable to do so; 1. Ins. by Act 3 of 1985, s. 3 (w.e.f. 17-9-1984). 2. Subs. by Act 4 of 1986, s. 2 and the Schedule, for section 17 (w.e.f. 15-5-1986) 3. Ins. by Act 3 of 1985, s. 4 (w.e.f. 17-9-1984). 10 ----- (b) aiding, assisting and advising the acquiring companies in the matter of setting up of standards of conduct and sound practice in general insurance business and in the matter of rendering efficient service to holders of policies of general insurance; (c) advising the acquiring companies in the matter of controlling their expenses including the payment of commission and other expenses; (d) advising the acquiring companies in the matter of the investment of their funds; (e) issuing directions to acquiring companies in relation to the conduct of general insurance business: 1[Provided that all the functions of the Corporation specified in this sub-section, on and from the commencement of the General Insurance Business (Nationalisation) Amendment Act, 2002, shall be performed by the Central Government.] (2) In issuing any directions under sub-section (1), the [2][Central Government] shall keep in mind the desirability of encouraging competition amongst the acquiring companies as far as possible in order to render their services more efficient. **19. Functions of acquiring companies.—(1) Subject to the rules, if any, made by the Central** Government in this behalf and to its memorandum and articles of association, it shall be the duty of every acquiring company to carry on general insurance business. (2) Each acquiring company shall so function under this Act as to secure that general insurance business is developed to the best advantage of the community. (3) In the discharge of any of its functions, each acquiring company shall act so far as may be on business principles and where any directions have been issued by the [3][Central Government or the Insurance Regulatory and Development Authority established under sub-section (1) of section 3 of the Insurance Regulatory and Development Authority Act, 1999 (41 of 1999)], shall be guided by such directions. (4) For the removal of doubts it is hereby declared that the Corporation and any acquiring company may, subject to the rules, if any, made by the Central Government in this behalf, enter into such contracts of reinsurance or reinsurance treaties as it may think fit for the protection of its interests. **20. Balance of profit how to be utilised.—(1) After making provision for bad and doubtful debts,** depreciation in assets, provident, superannuation, welfare and other funds, debts due to Government and all other matters for which provision is necessary under any law or which are usually provided for by insurance companies, every acquiring company shall distribute the balance of profit as dividends. (2) Any profit made by the Corporation and any sums received by the Corporation by way of dividends or otherwise shall be dealt with by it in such manner as may be prescribed. **21. Interim provisions for management of Indian insurance companies.—(1) Notwithstanding** anything contained in the Companies Actor in the memorandum and articles of association of any Indian insurance company, on and from the appointed day and until a new board of directors of the Indian insurance company is duly constituted, the management of the company shall continue to vest in the Custodian in charge of the management of the undertaking of that company immediately before the appointed day by virtue of the provisions contained in the General Insurance (Emergency Provisions) Act, 1971 (17 of 1971), and the Custodian shall be entitled, subject to such directions as the Central Government may issue in this behalf, to exercise all the powers and do all acts and things as may be exercised or done by the company or by its board of directors. (2) Nothing contained in sub-section (1) shall be deemed to prevent the Central Government from appointing any other person to take charge of the management of the undertaking of any Indian insurance company during the period referred to in that sub-section if for any reason it becomes necessary so to do, 1.Ins. by Act 40 of 2002, s. 4 (w.e.f. 21-3-2003). 2. Subs. by s. 4, ibid., for “Corporation” (w.e.f. 21-3-2003). 3. Subs. by s. 5, ibid., for “Corporation” (w.e.f. 21-3-2003). 11 ----- and any person so appointed may exercise all the powers and do all acts and things which a Custodian may exercise or do under sub-section (1). (3) The Custodian referred to in sub-section (1) and the person appointed under sub-section (2) shall be entitled to such salaries and other allowances as the Central Government may specify in this behalf and shall hold office during the pleasure of the Central Government. **22. Power of Central Government to transfer employees.—[1][The Central Government or any** person authorised by it may at any time transfer any officer] or employee from an acquiring company or the Corporation to any other acquiring company or the Corporation, as the case may be, and the officer or employee so transferred, shall continue to have the same terms and conditions of service as were applicable to him immediately before such transfer. **23. Power of Central Government to issue directions.—The Corporation and every acquiring** company shall, in the discharge of its functions, be guided by such directions in regard to matters of policy involving public interest as the Central Government may give. CHAPTER VII MISCELLANEOUS **24. Acquiring companies to have the exclusive privilege of carrying on general insurance** **business.—(1) Except to the extent expressly provided in this Act, on and from the appointed day, the** Corporation and the acquiring companies shall have the exclusive privilege of carrying on general insurance business in India. (2) Subject to the provisions of section 36, any certificate of registration granted under the Insurance Act to any insurer other than an insurer referred to in sub-section (1) shall, on and from the appointed day, cease to have effect: Provided that nothing in this sub-section shall apply to the carrying on by the Life Insurance Corporation of life insurance business and capital redemption and annuity certain business. **2[24A. Exclusive privilege of Corporation and acquiring companies to cease.—Notwithstanding** anything contained in this Act, the exclusive privilege of the Corporation and the acquiring companies of carrying on general insurance business in India shall cease on and from the commencement of the Insurance Regulatory and Development Authority Act, 1999 and the Corporation and the acquiring companies shall, thereafter, carry on general insurance business in India in accordance with the provisions of the Insurance Act, 1938 (4 of 1938):] 3[Provided that the Corporation shall, on and from the commencement of the General Insurance Business (Nationalisation) Amendment Act, 2002, cease to carry on general insurance business.] 4[24B. Cessation of application of Act.—(1) On and from the date on which the Central Government ceases to control any specified insurer, after the commencement of the General Insurance Business (Nationalisation) Amendment Act, 2021, the provisions of this Act shall cease to apply in respect of that specified insurer. (2) Notwithstanding anything contained in sub-section (1), on the date of cessation of applicability referred to in sub-section (1),— (a) any scheme framed by the Central Government under sub-section (1) of section 17A in respect of the specified insurer referred to in sub-section (1) shall be deemed to have been adopted by the board of directors of such specified insurer: Provided that the board of directors may make such additions, amendments or variations thereto, or frame new policy in place of such scheme, as it may deem appropriate; (b) without prejudice to the generality of the power of the board of directors of the specified insurer under clause (a), all powers exercisable by the Central Government under a scheme framed by it in sub-section (1) of section 17A shall be exercisable by that board of directors. 1. Subs. by Act 40 of 2002, s. 6, for “The Corporation may at any time transfer any officer” (w.e.f. 21-3-2003). 2. Ins. by Act 41 of 1999, s. 32and the Third Schedule (w.e.f. 19-4-2000). 3. Ins. by Act 40 of 2002, s. 7 (w.e.f. 21-3-2003). 4. Ins. by Act 37 of 2021, s. 5 (w.e.f. 27-8-2021). 12 ----- _Explanation 1._ For the purposes of this section, the expression control means the right of the Central Government, in relation to a specified insurer,— (i) to appoint a majority of its directors; or (ii) to have power over its management or policy decisions, by virtue of its shareholding rights or management rights under its articles of association or shareholders agreements or voting agreements or any other agreements executed with the specified insurer or any other person in relation to the specified insurer. _Explanation 2.—For the removal of doubts, it is hereby clarified that—_ (i) the provisions of this section shall also apply to any rule, scheme, direction or notification made under this Act before the cessation of applicability; (ii) the cessation of applicability shall not revive anything that was not already in force or in existence under this Act or affect anything previously done or suffered under this Act; (iii) the board of directors of the specified insurer shall exercise the powers referred to in sub-section (2), subject to any requirement under any law for the time being in force.] **25. [Properties in India not to be insured with foreign insurers except with permission of Central** _Government.] Omitted by the Insurance Laws (Amendment) Act, 2015 (5 of 2015), s. 104 (w.e.f. 26-12-_ 2014). **26. Acquiring companies and income-tax.—For the purposes of the Income-tax Act, 1961 (43 of** 1961), every acquiring company shall be deemed to be an Indian company and a company in which the public are substantially interested. **27. Power to reduce amounts of insurance in certain cases.—An acquiring company may, having** regard to its financial condition on the 13th day of May, 1971 or the financial condition on the said date of any existing insurer whose undertaking has been transferred to and vested in it under this Act reduce the liabilities which have arisen under contracts of general insurance entered into before the said date in such manner and subject to such conditions as it thinks fit: Provided that no such reduction shall be made except in accordance with specific proposals made by the acquiring company in this behalf and approved by the Central Government. **28. Right of acquiring company to seek relief in respect of certain transactions.—(1) Where an** existing insurer has at any time within five years before the 13th day of May, 1971— (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, and the payment, sale, disposal, acquisition, agreement or variation thereof or other transaction was not reasonably necessary for the purpose of the general insurance 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 acquiring company may apply for relief to the court in respect of such transaction, and all parties to the transaction shall, unless the court otherwise directs, be made parties to the application. (2) The court 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. 13 ----- (3) Where an application is made to the court under this section in respect of any transaction and the application is determined in favour of the acquiring company, the court shall have exclusive jurisdiction to determine any claim outstanding in respect of the transaction. **29. Duty to deliver possession of property and documents relating thereto.—(1) Where any** property appertaining to an existing insurer has been transferred to and vested in an Indian insurance company under section 5,— (a) every person in whose possession, custody or control any such property may be, shall deliver the property to the Indian insurance company forthwith, (b) any person who immediately before such vesting has in his possession, custody or control any books, documents or other papers relating to an existing insurer shall be liable to account for the said books, documents and papers to the Indian insurance company, and shall deliver them to that company or to such person as that company may direct. (2) In particular, all the assets of an existing insurer appertaining to the undertaking held in deposit by the Reserve Bank of India under the Insurance Act or by trustees in trust shall be delivered to the Indian insurance company. (3) Without prejudice to the other provisions contained in this section, it shall be lawful for each Indian Insurance company to take all necessary steps for taking possession of all properties which have been transferred to and vested in it under this Act. **30. Penalty for withholding property, etc.—If any person wilfully withholds or fails to deliver to an** Indian insurance company as required by section 29 any property or any books, documents or other papers which may be in his possession or unlawfully retains possession of any property of an existing insurer which has been transferred to and vested in an Indian insurance company under section 5 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 Indian insurance company, 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. **31. Officers and employees of Corporation or of acquiring companies to be public** **servants.—Every officer or other employee of the Corporation or of an acquiring company shall be** deemed to be a public servant for the purposes of Chapter IX of the Indian Penal Code (45 of 1860). **1[31A. Liability of director of specified insurer.—A director of a specified insurer who is not its** whole-time director shall be held liable only in respect of such acts of omission or commission of the specified insurer which had been committed 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 section, the reference to "board" shall include committees of_ the board.] **32. Indemnity.—Every officer of the Central Government and every officer or other employee of the** Corporation and of any acquiring company shall be indemnified by the Central Government or the Corporation or the acquiring company, as the case may be, against all losses and expenses incurred by him in, or in relation to, the discharge of his duties under this Act except such as have been caused by his own wilful act or default. **33. Dissolution of Corporation and acquiring companies.—No provision of law relating to the** winding up of companies shall apply to the Corporation or to an acquiring company, and neither the Corporation nor any such company shall be placed in liquidation save by order of the Central Government and in such manner as it may direct. **34. Reference to existing insurer in other laws.— Any reference to an existing insurer in any law** other than this Act or any contract or other instrument shall, in so far as it relates to an acquiring company, be construed as a reference to that company. **35. Application of Insurance Act.—Subject to such exceptions, restrictions and limitations, if any,** as the Central Government may, by notification, specify in this behalf, the Insurance Act shall apply to or in relation to the Corporation and every acquiring company as if the Corporation or the acquiring 1. Ins. by Act 37 of 2021, s. 6 (w.e.f. 27-8-2021). 14 ----- company, as the case may be, were an insurer carrying on general insurance business within the meaning of that Act. **35A. [Deduction of income-tax not to be made on interest or dividend payable to the Corporation,** _etc.] Omitted by The Finance Act 2002 (20 of 2002), s. 158 (w.e.f. 1-6-2002)._ **36. Exemptions.—(1) Nothing contained in this Act shall apply in relation to—** (a) any general insurance business carried on by a State Government, to the extent to which such insurance relates to properties belonging to it or undertakings owned wholly or mainly by the State Government or to properties belonging to semi-government bodies, or any Board or body corporate established by the State Government under any statue or any industrial or commercial undertaking in which the State Government has substantial financial interest, whether as shareholder, lender or guarantor; (b) any general insurance business not falling within clause (a) which has been carried on by a State Government before the commencement of this Act, to the extent to which it is necessary to allow such business to run off: Provided that nothing contained in this clause shall be deemed to authorise the State Government to issue any new policies or renew any existing policies; (c) any insurer whose business is being voluntarily wound up or is being wound up by a court; (d) the insurance business carried on by the Calcutta Hospital and Nursing Home Benefits Association Limited; (e) the insurance business carried on by the Export Credit and Guarantee Corporation Limited and the Deposit Insurance Corporation established under section 3 of the Deposit Insurance Corporation Act, 1961 (47 of 1961); (f) any scheme in existence immediately before the 14th day of May, 1971 or any scheme framed after the said day with the approval of the Central Government for the insurance of crops or of cattle or of flood risks or of war or emergency risks. (2) If the Central Government is satisfied that an insurer, whether established before or after the appointed day, carries on only such general insurance business as is not carried on ordinarily by insurers, it may, by notification, direct that nothing contained in this Act shall apply to such insurer. **37. Vacancies, etc., not to invalidate proceedings.—No act or proceeding of the Corporation or of** an acquiring company shall be called in question merely on the ground of the existence of any vacancy in, or defect in the constitution of, the Corporation or the company. **38. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall** lie against any officer of the Central Government or officer or other employee of the Corporation or of the acquiring company for anything which is in good faith done or intended to be done under this Act. **1[38A. Powers of Insurance Regulatory and Development Authority 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 Insurance Regulatory and Development Authority of India 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.] **39. Power 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 power, rules made under this section may provide for— 1. Ins. by Act 50 of 2019, s. 33 and the second Schedule (w.e.f. 1-10-2020). 15 ----- (a) the manner in which the profits, if any, and other moneys received by the Corporation may be dealt with; 1[(b) the conditions, if any, subject to which the Corporation shall carry on re-insurance business; (ba) the conditions, if any, subject to which the acquiring companies shall carry on general insurance business;] (c) the terms and conditions subject to which any reinsurance contracts or treaties may be entered into; (d) the form and manner in which any notice or application may be given or made to the Central Government; (e) the reports which may be called for by the Central Government from the Corporation and the acquiring companies; (f) any other matter which is required to be, or may be, prescribed. (3) Every rule made under this section and every notification issued under section 35 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 notification or both Houses agree that the rule or notification should not be made, the rule or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notification. **40. [Omission of section 14 of Act 17 of 1971.] Rep. by the Repealing and Amending Act, 1978 (38 of** 1978), s. 2 and the First Schedule (w.e.f. 26-11-1978). 1. Subs. by Act 40 of 2002, s. 8, for clause (b) (w.e.f. 21-3-2003). 16 ----- Serial Number THE SCHEDULE (See section 11) _Amounts to be paid_ PART A Name of Indian Insurance company Amount to be paid (1) (2) (3) Rs. . . . 10,00,000 1. All India General Insurance Company Ltd. Preference 2. Anand Insurance Company Ltd. Shares 3,50,000 Equity Shares 2,00,000 . . . 54,448 3. Bhabha Marine Insurance Company Ltd. Preference 4. Bharat General Reinsurance Ltd. Shares 8,18,000 Ordinary Shares 13,49,844 . . . 37,50,000 5. British India General Insurance Company Ltd. . . . 7,49,442 6. Calcutta Insurance Limited . . . 3,38,499 7. Central Mercantile Assurance Company Ltd. . . . 26,12,600 8. Clive Insurance Company Ltd. . . . 1,000 9. Commonwealth Assurance Company Ltd. . . . 39,77,100 10. Concord of India Insurance Company Ltd. . . . 16,80,000 11. DevkaranNanjee Insurance Company Ltd. . . . 8,06,000 12. General Assurance Society Ltd. . . . 87,48,000 13. Hercules Insurance Company Ltd. . . . 15,52,500 14. Hindusthan General Insurance Society Ltd. . . . 25,20,605 15. Hindusthan Ideal Insurance Company Ltd. . . . 975 16. Howrah Insurance Company Ltd. . . . 10,00,000 17. Hukumchand Insurance Company Ltd. . . . 2,05,02,200 18. India Reinsurance Corporation Ltd. . . . 1,95,69,760 19. Indian Guarantee &General Insurance Company Ltd. 17 ----- Serial Number Name of Indian Insurance company Amount to be paid (1) (2) (3) Rs. 20. Indian Mercantile Insurance Company Ltd. 21. Indian Merchants’Marine Insurance Company Ltd. 22. Indian Ocean Insurance Company Ltd. 23. Indian Trade & General Insurance Company Ltd. . . . 50,33,195 . . . 2,28,753 . . . 1,00,000 . . . 61,21,200 24. Jalanath Insurance Ltd. . . . 10,42,955 25. Jupiter General Insurance Company Ltd. 26. Kalyan Marine Insurance Company Ltd. . . . 26,24,445 . . . 1,79,880 27. Liberty Insurance Company Ltd. . . . 1,000 28. Madras Motor and General Insurance Company Ltd. . . . 1,77,69,600 29. Madura Insurance Company Ltd. Preference Shares 700 Ordinary Shares 15,83,900 Deferred Shares 12,500 30. Marine & General Insurance Company Ltd. 31. Mother India Fire & General Insurance Company Ltd. 32. Motor Owners’ Insurance Company Ltd. . . . 8,95,300 . . . 7,44,345 . . . 1,65,575 33. NaranjiBhanabhai& Company Ltd. . . . 49,200 34. Narhari Marine Insurance Company Ltd. . . . 2,36,400 35. National Insurance Company Ltd. . . 60,58,150 36. Neptune Assurance Company Ltd. . . . 10,00,000 37. New Great Insurance Company of India Ltd. 38. New India Assurance Company Limited. 39. New Merchants Insurance Company Ltd. . . . 43,50,000 . . . 8,20,37,678 . . 68,912 18 ----- Serial Number Name of Indian Insurance company Amount to be paid (1) (2) (3) Rs. 40. New Premier Insurance Company Ltd. 41. Northern India General Insurance Company Ltd. 42. Oriental Fire & General Insurance Company Ltd. . . . 1,21,110 . . . 998 . . . 2,43,98,000 43. Pandyan Insurance Company Ltd. . . . 90,00,000 44. Pioneer Fire & General Insurance Company Ltd. . . . 11,82,610 45. Porbandar Insurance Company Ltd. . . . 59,194 46. Prachi Insurance Company Ltd. . . . 21,375 47 Ruby General Insurance Company Ltd. 48. Shree MahasagarVima Company Ltd. 49. South Indian Insurance Company Ltd. 50. Sterling General Insurance Company Ltd. . . . 1,38,74,000 . . . 1,18,252 . . . 60,63,000 Preference Shares 23,000 Ordinary Shares 16,08,139 51 Triton Insurance Company Ltd. . . . 47,07,180 52. United India Fire & General Insurance Company Ltd. 53. Universal Fire & General Insurance Company Ltd. . . . 21,39,991 . . . 24,71,618 54. Vanguard Insurance Company Ltd. . . . 896 55. Vulcan Insurance Company Ltd. . . . 32,49,617 PART B Serial Number Name of insurer Amount to be paid (1) (2) (3) Rs. 1. Co-operative Fire & General Insurance Society Ltd. 2. Co-operative General Insurance Society Ltd. . . . 18,69,000 . . . 5,93,000 19 ----- Serial Number Name of insurer Amount to be paid (1) (2) (3) Rs. 3. Indian Mutual General Insurance Society Ltd. . . . 1,40,000 4. Life Insurance Corporation of India . . . 2,81,34,000 5. Millowners’ Mutual Insurance Association Ltd. 6. Orissa Co-operative Insurance Society Ltd. 7. Reinsurance Association of India (International) Ltd. 8. Union Co-operative Insurance Society Ltd. . . . 12,89,000 . . . 2,83,000 . . . 13,000 . . . 37,60,000 9. Alliance Assurance Company Ltd. . . . 36,65,000 10. American Insurance Company . . . 3,30,000 11. Atlas Assurance Company Ltd. . . 64,85,000 12. Baloise Insurance Company Ltd. . . . 22,67,000 13. British Aviation Insurance Company Ltd. . . . 1,000 14. Caledonian Insurance Company . . . 81,000 15. Century Insurance Company Ltd. . . . 6,04,000 16. Commercial Union Assurance Company Ltd. . . . 85,20,000 17. Eagle Star Insurance Company Ltd. . . . 37,12,000 18. Gerling Global Reinsurance Company Ltd. 19. Great American Insurance Company . . . 1,000 . . . 3,81,000 20. Guardian Assurance Company Ltd. . . . 19,98,000 21. Hanover Insurance Company . . . 42,13,000 22. Hartford Fire Insurance Company . . . 2,96,000 23. Home Insurance Company . . . 3,73,000 24. Legal & General Assurance Society Ltd. 25. Liverpool and London and Globe Insurance Company Ltd. . . . 5,28,000 . . . 8,23,000 26. London Assurance . . . 12,30,000 27. London Guarantee & Accident Company Ltd. . . . 40,000 20 ----- Serial Number Name of insurer Amount to be paid (1) (2) (3) Rs. 28. London & Lancashire Insurance Company Ltd. 29. L’Union Fire, Accident and General Insurance Company Ltd. 30. National Employers’ Mutual General Insurance Association Ltd. 31. National Insurance Company of New Zealand Ltd. 32. New Hampshire Insurance company 33. New Zealand Insurance Company Ltd. 34. Norwich Union Fire Insurance Society Ltd. . . . 47,70,000 . . . 1,000 . . . 3,17,003 . . . 1,000 . . . 19,08,000 . . . 10,84,000 . . . 31,43,000 35. Phoenix Assurance Company Ltd. . . . 2,63,000 36. Provincial Insurance Company Ltd. . . . 1,000 37. Queensland Insurance Company Ltd. . . . 10,31,000 38. Royal Exchange Assurance . . . 49,62,000 39. Royal Insurance Company Ltd. . . . 73,28,000 40. Scottish Union & National Insurance Company . . . 43,15,000 41. Skandia Insurance Company Ltd. . . . 1,000 42. South British Insurance Company Ltd. . . . 18,42,000 43. Sun Insurance Office Ltd. . . . 25,86,000 44. Switzerland General Insurance Company Ltd. 45. Threadneedle Insurance Company Ltd. 46. Tokio Marine &Fire Insurance Company Ltd. 47. Union Insurance Society of Canton Ltd. 48. United Scottish Insurance Company Ltd. . . . 6,35,000 . . . 1,000 . . . 92,000 . . . 5,89,000 . . . 83,000 49. Welfare Insurance Company Ltd. . . . 1,000 50. Western Assurance Company . . . 13,92,000 51. Yorkshire Insurance Company Ltd. . . . 16,31,000 52. Zurich Insurance Company Ltd. . . . 1,000 21 -----

21-Sep-1972

59

The Former Secretary of State Service Officers (Conditions of Service) Act, 1972

https://www.indiacode.nic.in/bitstream/123456789/1728/3/a1972-59.pdf

central

# THE FORMER SECRETARY OF STATE SERVICE OFFICERS (CONDITIONS OF SERVICE) ACT, 1972 _____________ ARRANGEMENT OF SECTIONS ____________ SECTION 1. Short title and commencement. 2. Definitions. 3. Conditions of service of I.C.S. members of the Indian Administrative Service. 4. Conditions of service of I.P. members of the Indian Police Service. 5. Pay of I.C.S. members of Indian Administrative Service and I.P. members of Indian Police Service. 6. Retirement of I.C.S. members of Indian Administrative Service and I.P. members of Indian Police Service. 7. Pension of I.C.S. members of Indian Administrative Service. 8. Pension payable to former Secretary of State Service officers in Indian currency only. 9. Power of Central Government to adapt certain rules, regulations and orders. 10. Power to construe rules, regulations and orders. 10A. Power of Central Government to make orders in certain cases to ensure parity. 11. Power to remove difficulties. 12. Act to have overriding effect. 13. Saving of orders in respect of disciplinary matters. THE SCHEDULE. 1 ----- # THE FORMER SECRETARY OF STATE SERVICE OFFICERS (CONDITIONS OF SERVICE) ACT, 1972 ACT NO. 59 OF 1972 [21st September, 1972.] # An Act to provide for the variation or revocation of the conditions of service of former Secretary of State Service officers in respect of certain matters and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Twenty-third Year of the Republic of India as follows:— **1. Short title and commencement.—(1) This Act may be called the Former Secretary of State** Service Officers (Conditions of Service) Act, 1972. (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) “appointed day” means the date on which this Act comes into force; (b) “former Secretary of State Service officer” means a person referred to in sub-clause (a) or sub-clause (b) of clause (1) of article 312A of the Constitution; (c) “I.C.S. member of the Indian Administrative Service” means a person who was appointed to the Civil Service of the Crown in India known as the Indian Civil Service and who on the appointed day is a member of the Indian Administrative Service; (d) “I.P. member of the Indian Police Service” means a person who was appointed to the Police Service of the Crown in India known as the Indian Police and who on the appointed day is a member of the Indian Police Service; (e) “pension” has the meaning assigned to it in clause (17) of article 366 of the Constitution. **3. Conditions of service of I.C.S. members of the Indian Administrative Service.—Subject to the** other provisions of this Act, on and from the appointed day,— (a) the conditions of service as respects,— (i) remuneration, (ii) leave, and (iii) pension; (b) the rights as respects disciplinary matters; and (c) the conditions of service and the rights as respects all other matters, of the I.C.S. members of the Indian Administrative Service shall be the same as those of the other members of that Service and accordingly and subject as aforesaid, the provisions of the All-India Services Act, 1951 (61 of 1951) and the rules and regulations made or deemed to have been made thereunder, as in force from time to time, shall apply to and in relation to the I.C.S. members of the Indian Administrative Service as they apply to and in relation to the other members of that Service. **4. Conditions of service of I.P. members of the Indian Police Service.—Subject to the other** provisions of this Act, on and from the appointed day,— (a) the conditions of service as respects,— (i) remuneration, 1. 1st October, 1972, vide notification No. G.S.R. 420(E), dated 28th September, 1972, see Gazette of India, Extraordinary, Part II, sec. 3(i). 2 ----- (ii) leave, and (iii) pension; (b) the rights as respects disciplinary matters; and (c) the conditions of service and the rights as respects all other matters, of the I.P. members of the Indian Police Service shall be the same as those of the other members of that Service and accordingly and subject as aforesaid, the provisions of the All-India Services Act, 1951 (61 of 1951) and the rules and regulations made or deemed to have been made thereunder, as in force from time to time, shall apply to and in relation to the I.P. members of the Indian Police Service as they apply to and in relation to the other members of that Service. **5. Pay of I.C.S. members of Indian Administrative Service and I.P. members of Indian Police** **Service.—Notwithstanding anything contained in section 3 or section 4, an I.C.S. member of the Indian** Administrative Service or an I.P. member of the Indian Police Service, as the case may be, holding a post specified in the Schedule or a post declared by the Central Government to be equivalent to such post shall, for so long as he holds that post, be entitled to draw pay as indicated against the post in the Schedule. **6. Retirement of I.C.S. members of Indian Administrative Service and I.P. members of Indian** **Police Service.—Notwithstanding anything contained in section 3 or section 4,—** (a) an I.C.S. member of the Indian Administrative Service, unless his service has been extended before the appointed day in accordance with the rules and regulations then applicable or is extended on or after that day in accordance with the rules and regulations applicable to the other members of the Indian Administrative Service, shall retire compulsorily,— (i) where he attains the age of fifty-eight years before the expiry of six months from the appointed day, on the date of expiry of the said period of six months or on the date on which he shall retire compulsorily in accordance with the rules applicable to him immediately before the appointed day, whichever date is earlier; (ii) in any other case, on his attaining the age of fifty-eight years; (b) the Central Government shall have and shall be deemed always to have had the power to require an I.C.S. member of the Indian Administrative Service or an I.P. member of the Indian Police Service, in consultation with the Government of the State on whose cadre he is borne and after giving to such member at least three months’ previous notice in writing, to retire in public interest from service on the date on which such member completes thirty years of qualifying service or attains fifty years of age or on any date thereafter to be specified in the notice; (c) an I.C.S. member of the Indian Administrative Service or an I.P. member of the Indian Police Service may, after giving at least three months’ previous notice in writing to the Government of the State on whose cadre he is borne, retire from service on the date on which such member completes thirty years of qualifying service or attains fifty years of age or on any date thereafter to be specified in the notice: Provided that no member under suspension shall retire from service except with the specific approval of the Government of the State on whose cadre he is borne. _Explanation.—For the purposes of clause (b) and clause (c), “qualifying service” means service_ qualifying for purposes of pension. **7. Pension of I.C.S. members of Indian Administrative Service.—Notwithstanding anything** contained in section 3,— (a) an I.C.S. member of the Indian Administrative Service shall, subject to the provisions of section 8 and subject to the same provisions in regard to the right of the Central Government to withdraw the whole or any part of pension or to order recovery of pension and the same conditions for grant of retirement benefits, as are applicable for the time being in the case of other members of the Indian Administrative Service, be entitled on his retirement from service in accordance with the 3 ----- provisions of section 6, to receive by way of annuity rupees thirteen thousand three hundred and thirty-three and one-third; (b) no death-cum-retirement gratuity benefits shall be available to or in respect of an I.C.S. member of the Indian Administrative Service unless such member has exercised his option for such benefits before the appointed day in accordance with the orders of the Central Government in that behalf and the benefits admissible to or in relation to an I.C.S. member of the Service who so exercised his option shall be subject to the conditions specified in the said orders and to the same conditions for grant of retirement benefits as are applicable for the time being in the case of other members of the Indian Administrative Service; (c) no family pension benefits shall be admissible in relation to an I.C.S. member of the Indian Administrative Service unless such member exercised his option in respect of such benefits before the appointed day in accordance with the orders of the Central Government in that behalf and the benefits admissible in relation to an I.C.S. member of the service who so exercised his option shall be subject to the conditions specified in the said orders; (d) the Provident Fund account of an I.C.S. member of the Indian Administrative Service shall be credited, on his retirement or previous death, with the same amount, if any, as would have been credited by way of contribution in accordance with the rules in force immediately before the appointed day. **8. Pension payable to former Secretary of State Service officers in Indian currency** **only.—(1) No former Secretary of State Service officer shall be entitled, or be deemed ever to have been** entitled, to claim,— (a) pension in sterling; or (b) that his pension shall be paid outside India; or (c) where his pension was expressed in sterling or a fixed sterling minimum was applicable in respect of the pension payable to him, that his pension shall be computed in the rupee equivalent of the amount fixed in sterling at a rate of exchange exceeding the rate of rupees thirteen and one-third to the pound sterling: 1[Provided that in relation to every former Secretary of State Service officer who, having been in service on the 1st day of February, 1921, and domiciled in India on that date, is entitled immediately before the appointed day to claim his pension computed in the rupee equivalent of the amount fixed in sterling at a rate of exchange of rupees fifteen to a pound sterling, clause (c) shall have effect as if for the words “thirteen and one-third”, the word “fifteen” were substituted: Provided further that every former Secretary of State Service officer whose pension was expressed in sterling or in respect of whose pension a fixed sterling minimum was applicable, and who, immediately before the appointed day, is a foreigner having taken up permanent residence outside India, shall, so long as he continues to be a foreigner permanently residing outside India, be allowed to convert the annuity of rupees thirteen thousand three hundred and thirty-three and one-third or the annuity actually payable to him in rupees, whichever is less, into pound sterling at the rate of rupees thirteen and one-third to a pound sterling, and the annuity so converted into pound sterling shall be paid outside India. _Explanation 1.—Nothing contained in the foregoing proviso shall be deemed to entitle any former_ Secretary of State Service officer to claim conversion of amounts representing the annuity or the commuted value thereof, already drawn in rupees before the commencement of the Former Secretary of State Service Officers (Conditions of Service) Amendment Act, 1975 (24 of 1975), into pound sterling. _Explanation_ 2.—In this sub-section, the expression “foreigner” means a person who is not a citizen of India.] 1. The provisos and Explanations ins. by Act 24 of 1975, s. 2 (w.e.f. 9-5-1975). 4 ----- (2) Notwithstanding any judgment, decree or order of any court, every former Secretary of State Service officer [1][[not being an officer to whom the first proviso or the second proviso to sub-section (1) applies]] who has been paid the rupee equivalent or, as the case may be, the pound sterling equivalent of his pension by calculating such pension with reference to a rate of exchange exceeding the rate of exchange of rupees thirteen and one-third to the pound sterling, shall refund to the Central Government or, as the case may be, the State Government, the sum by which the amount paid to him exceeds the amount which would have been payable to him if the calculation had been made at the rate of exchange of rupees thirteen and one-third to the pound sterling and the Central Government or the State Government may set off, in such manner as it may deem fit, the amount required to be so refunded to it by any such officer against any sum (including pension) which is or which may become due from that Government to such officer. (3) For the removal of doubts, it is hereby declared that the provisions of sub-sections (1) and (2) shall apply to a former Secretary of State Service officer who is holding or has held the office of the Chief Justice or other Judge of the Supreme Court or a High Court, the Comptroller and Auditor-General of India, the Chairman or other member of the Union or a State Public Service Commission or the Chief Election Commissioner as they apply to other former Secretary of State Service officers. **9. Power of Central Government to adapt certain rules, regulations and orders.—(1) For the** purpose of bringing the provisions of any rules and regulations made or deemed to have been made under the All-India Services Act, 1951 (61 of 1951) or any rules, regulations or orders (including any other instrument having the force of law) applicable immediately before the appointed day to or in relation to former Secretary of State Service officers into accord with the provisions of this Act, the Central Government may, before the expiry of two years from the appointed day, by order published in the Official Gazette, make such adaptations and modifications of such rules, regulations or orders, whether by way of repeal or amendment, as may be necessary. (2) The provisions of sub-section (1) shall be in addition to and not in derogation of any power under any other law to amend or repeal the rules, regulations and orders referred to in that sub-section. **10. Power to construe rules, regulations and orders.—Notwithstanding that no provision or** insufficient provision has been made under section 9 for the adaptation of any rule, regulation or order referred to in that section, any court, tribunal or authority, required or empowered to enforce such rule, regulation or order may construe it with such modifications as may be necessary to bring it into accord with the provisions of this Act. 2[10A. Power of Central Government to make orders in certain cases to ensure parity.—(1) If the Central Government is satisfied that the conditions of service as respects any matter applicable to, or in relation to, any class or category of former Secretary of State Service officers under section 6, 7 or 8 or as respects any benefits by way of compensation for the increase in cost of living or any other reason, have become less favourable than those applicable to or in relation to any corresponding class or category of other officers of the Indian Administrative Service or the Indian Police Service or, as the case may be, any comparable service, it may, notwithstanding anything contained in those sections, by general or special order and subject to such conditions and restrictions (including conditions as to refund adjustment or recovery), as may be specified therein, make such provisions as it may deem fit for securing, so far as may be, parity in such cases. (2) Any order under sub-section (1) may be made so as to have retrospective effect. (3) Every order made under sub-section (1) shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the order or both Houses agree that the order should not be made, the order shall thereafter have effect 1. Ins. by Act 24 of 1975, s. 2 (w.e.f. 9-5-1975). 2. Ins. by s. 3, ibid. (w.e.f. 9-5-1975). 5 ----- 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 order.] **11. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of** this Act, the Central Government may, by general or special order published in the Official Gazette, for the purpose of removing the difficulty, make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient: Provided that no such order shall be made under this sub-section after the expiry of three years from the appointed day. (2) Every order made under sub-section (1) shall, as soon as may be after it is made, be laid before each House of Parliament. **12. Act to have overriding effect.—The provisions of this Act or of any order made thereunder shall** have effect notwithstanding anything inconsistent therewith contained in any law other than this Act or in any rule, regulation or order or other instrument having effect by virtue of any law other than this Act. **13. Saving of orders in respect of disciplinary matters.—Any order in respect of disciplinary** matters in relation to any I.C.S. member of the Indian Administrative Service or any I.P. member of the Indian Police Service in force immediately before the appointed day shall continue in force as from the appointed day: Provided that nothing in this section shall derogate from the powers of the competent authority to vary or rescind such order. 6 ----- THE SCHEDULE (See section 5) PART I _I.C.S. Members of the Indian Administrative Service_ Serial No. Post Pay or Scale of Pay 1. Secretary to the Government of India . . . . Rs. 4,000. 2. Additional Secretary to the Government of India . . Rs. 3,500. 3. Joint Secretary to the Government of India . . . Rs. 3,000. 4. First Member, Board of Revenue, Tamil Nadu . . Rs. 3,750. PART II _I. P. Members of the Indian Police Service_ Serial No. Post Pay or Scale of Pay 1. Director, Intelligence Bureau . . . . Rs. 3,500. 2. Director General, Central Reserve Police Force . . Rs. 3,250. 3. Deputy Director, Intelligence Bureau . . . . Rs. 1,950—50—2,150 _plus_ Rs. 100 Special Pay. 4. Inspector-General of Police . . . . . Rs. 2,500—125—3,000. 5. Commissioner of Police, Calcutta . . . . Rs. 2,300—50—2,500. 6. Deputy Inspector-General of Police . . . . Rs. 1,950—50—2,150. 7 -----

19-Dec-1972

69

The Carriage by Air Act, 1972

https://www.indiacode.nic.in/bitstream/123456789/1658/2/A1972-69.pdf

central

# THE CARRIAGE BY AIR ACT, 1972 ________ ARRANGEMENT OF SECTIONS ______ SECTIONS 1. Short title, extent and commencement. 2. Definitions. 3. Application of Convention to India. 4. Application of amended Convention to India. 4A. Application of Montreal Convention to India. 5. Liability in case of death. 6. Conversion of frances. 6A. Conversion of Special Drawing Rights. 7. Provisions regarding suits against High Contracting Parties who undertake carriage by air. 8. Application of Act to carriage by air which is not international. 8A. Power to make rules. 9. [Repealed.] THE FIRST SCHEDULE. THE SECOND SCHEDULE. THE THIRD SCHEDUELE. ANNEXURE 1 ----- # THE CARRIAGE BY AIR ACT, 1972 ACT NO. 69 OF 1972 [19th December, 1972.] An Act to give effect to the Convention for the unification of certain rules relating to international carriage by air signed at Warsaw on the 12th day of October, 1929 and to the said Convention as amended by the Hague Protocol on the 28th day of September, 1955 [1][and also to the Montreal Convention signed on the 28th day of May, 1999 and to make provision for] applying the rules contained in the said Convention in its original form and in the amended form (subject to exceptions, adaptations and modifications) to non-international carriage by air and for matters connected therewith. BE it enacted by Parliament in the Twenty-third Year of the Republic of India as follows:— **1. Short title, extent and commencement.—(1) This Act may be called the Carriage by Air Act,** 1972. (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. Definitions.—In this Act, unless the context otherwise requires,—** (i) “amended Convention” means the Convention as amended by the Hague Protocol on the 28th day of September, 1955; (ii) “Convention” means the Convention for the unification of certain rules relating to international carriage by air signed at Warsaw on the 12th day of October, 1929. 3[(iii) “Montreal Convention” means the Convention for the unification of certain rules for international carriage by air signed at Montreal on the 28th day of May, 1999; (iv) “Annexure” means the Annexure to this Act.] **3. Application of Convention to India.—(1) The rules contained in the First Schedule, being the** provisions of the Convention relating to the rights and liabilities of carriers, passengers, consignors, consignees and other persons, shall, subject to the provisions of this Act, have the force of law in India in relation to any carriage by air to which those rules apply, irrespective of the nationality of the aircraft performing the carriage. 4[(2) For the purpose of this Act, the High Contracting Parties to the Convention and the date of enforcement of the said Convention shall be such as are included in Part I of the Annexure.] (3) Any reference in the First Schedule to the territory of any High Contracting Party to the Convention shall be construed as a reference to all the territories in respect of which he is a party. (4) Any reference in the First Schedule to agents of the carrier shall be construed as including a reference to servants of the carrier. 5[(5) The Central Government may, having regard to the objects of this Act, and if it considers necessary or expedient so to do, by notification in the Official Gazette, add to, or, as the case may be, omit from, Part I of the Annexure, any High Contracting Party and on such addition, or as the case may be, omission, such High Contracting Party shall be or shall cease to be, a High Contracting Party.] 1. Subs. by Act 28 of 2009, s. 2, for “and to make provision for” (w.e.f. 1-7-2009). 2. 15th May, 1973, _vide_ notification No. S.O. 170(E), dated 23rd March, 1973, _see Gazette of India, Extraordinary, Part II,_ sec. 3(ii). 3. Ins. by Act 28 of 2009, s. 3 (w.e.f. 1-7-2009). 4. Subs. by s. 4,ibid., for sub-section (2) (w.e.f. 1-7-2009). 5. Subs. by s. 4, ibid., for sub-section (5) (w.e.f. 1-7-2009). 2 ----- **4. Application of amended Convention to India.—(1) The rules contained in the Second Schedule,** being the provisions of the amended Convention relating to the rights and liabilities of carriers, passengers, consignors, consignees and other persons, shall, subject to the provisions of this Act, have the force of law in India in relation to any carriage by air to which those rules apply, irrespective of the nationality of the aircraft performing the carriage. 1[(2) For the purpose of this Act, the High Contracting Parties to the amended Convention and the date of enforcement of the said amended Convention shall be such as are included in Part II of the Annexure. (2A) The Central Government may, having regard to the objects of this Act, and if it considers necessary or expedient so to do, by notification in the Official Gazette, add to, or, as the case may be, omit from, Part II of the Annexure, any High Contracting Party and on such addition, or, as the case may be, omission, such High Contracting Party shall be or shall cease to be, a High Contracting Party.] (3) Any reference in the Second Schedule to the territory of any High Contracting Party to the amended Convention shall be construed as a reference to all the territories in respect of which he is a party. (4) Any reference in the Second Schedule to agents of the carrier shall be construed as including a reference to servants of the carrier. 2[4A. Application of Montreal Convention to India.—(1) The rules contained in the Third Schedule, being the provisions of the Montreal Convention relating to the rights and liabilities of carriers, passengers, consignors, consignees and other persons, shall, subject to the provisions of this Act, have the force of law in India in relation to any carriage by air to which those rules apply, irrespective of the nationality of the aircraft performing the carriage. (2) For the purpose of this Act, the State Parties to the Montreal Convention and the date of enforcement of the said Montreal Convention shall be such as are included in Part III of the Annexure. (3) Any reference in the Third Schedule to the territory of any State Party to the Montreal Convention shall be construed as a reference to all the territories in respect of which he is party. (4) Any reference in the Third Schedule to agents of the carrier shall be construed as including a reference to servants of the carrier. (5) The Central Government may, having regard to the objects of this Act, and if it considers necessary or expedient so to do, by notification in the Official Gazette, add to, or, as the case may be, omit from, Part III of the Annexure, any State Party and on such addition, or, as the case may be, omission, such State Party shall be or shall cease to be, a State Party.] 3[(6) The Central Government may, having regard to the objects of the Act, and if it considers necessary or expedient so to do, by notification in the Official Gazette, give effect to the limits of liability, revised by the depository under rule 24 of Chapter III of the Third Schedule to this Act, for the purposes of determining the liabilities of the carriers and extent of compensation for damages under the said Chapter of that Schedule.] **5. Liability in case of death.—(1) Notwithstanding anything contained in the Fatal Accidents Act,** 1855 (13 of 1855) or any other enactment or rule of law in force in any part of India, the rules contained in [4][the First Schedule, the Second Schedule and the Third Schedule] shall, in all cases to which those rules apply, determine the liability of a carrier in respect of the death of a passenger. (2) The liability shall be enforceable for the benefit of such of the members of the passengers family as sustained damage by reason of his death. 1. Subs. by Act 28 of 2009, s. 5, for sub-section (2) (w.e.f. 1-7-2009). 2. Ins. by s. 6, ibid. (w.e.f. 1-7-2009). 3. Ins. by Act 12 of 2016, s. 2 (w.e.f. 21-3-2016). 4. Subs. by Act 28 of 2009, s. 7, for “the First Schedule and in the Second Schedule” (w.e.f. 1-7-2009). 3 ----- _Explanation.—In this sub-section, the expression “member of a family” means wife or husband,_ parent, step-parent, grand-parent, brother, sister, half-brother, half-sister, child, step-child and grandchild: Provided that in deducing any such relationship as aforesaid any illegitimate person and any adopted person shall be treated or being, or as having been, the legitimate child of his mother and reputed father or, as the case may be, of his adopters. (3) An action to enforce the liability may be brought by the personal representative of the passenger or by any person for whose benefit the liability is under sub-section (2) enforceable, but only one action shall be brought in India in respect of the death of any one passenger, and every such action by whomsoever brought shall be for the benefit of all such persons so entitled as aforesaid as either are domiciled in India or not being domiciled there express a desire to take the benefit of the action. (4) Subject to the provisions of sub-section (5), the amount recovered in any such action, after deducting any costs not recovered from the defendant, shall be divided between the persons entitled in such proportion as the Court may direct. (5) The Court before which any such action is brought may, at any stage of the proceedings, make any such order as appears to the Court to be just and equitable in view of the provisions of [1][the First Schedule or of the Second Schedule or the Third Schedule], as the case may be, limiting the liability of a carrier and of any proceedings which have been or are likely to be commenced outside India in respect of the death of the passenger in question. **6. Conversion of frances.—Any sum in francs mentioned in rule 22 of the First Schedule or of the** Second Schedule, as the case may be, shall, for the purpose of any action against a carrier, be converted into rupees at the rate of exchange prevailing on the date on which the amount of damages to be paid by the carrier is ascertained by the Court. **2[6A. Conversion of Special Drawing Rights.—Any sum in Special Drawing Rights mentioned in** rules 21 and 22 of the Third Schedule shall, for the purpose of any action against a carrier, be converted into rupees at the rate of exchange prevailing on the date on which the amount of damages to be paid by the carrier is ascertained by the Court in accordance with the provisions of rule 23 of the said Third Schedule.] **7. Provisions regarding suits against High Contracting Parties who undertake carriage by** **air.—(1) Every High Contracting Party to the Convention or the amended Convention, as the case may** be, who has not availed himself of the provisions of the Additional Protocol thereto, shall, for the purposes of any suit brought in a Court in India in accordance with the provisions of rule 28 of the First Schedule, or of the Second Schedule, as the case may be, to enforce a claim in respect of carriage undertaken by him, be deemed to have submitted to the jurisdiction of that Court and to be a person for the purposes of the Code of Civil Procedure, 1908 (5 of 1908). (2) The High Court may make rules of procedure providing for all matters which may be expedient to enable such suits to be instituted and carried on. (3) Nothing in this section shall authorise any Court to attach or sell any property of a High Contracting Party to the Convention or to the amended Convention. **8. Application of Act to carriage by air which is not international.—(1) The Central Government** may, by notification in the Official Gazette, apply the rules contained in the First Schedule and any provision of section 3 or section 5 or section 6 to such carriage by air, not being international carriage by air as defined in the First Schedule, as may be specified in the notification, subject, however, to such exceptions, adaptations and modifications, if any, as may be so specified. (2) The Central Government may, by notification in the Official Gazette, apply the rules contained in the Second Schedule and any provision of section 4 or section 5 or section 6 to such carriage by air, not being international carriage by air as defined in the Second Schedule, as may be specified in the 1. Subs. by Act 28 of 2009, s. 7, for “the First Schedule or of the Second Schedule”(w.e.f. 1-7-2009). 2. Ins. by s. 8, ibid(w.e.f. 1-7-2009). 4 ----- notification, subject, however, to such exceptions, adaptations and modifications, if any, as may be so specified. 1[(3) The Central Government may, by notification in the Official Gazette, apply the rules contained in the Third Schedule and any provision of section 4A or section 5 or section 6A to such carriage by air, not being international carriage by air as defined in the Third Schedule, as may be specified in the notification, subject, however, to such exceptions, adaptations and modifications, if any, as may be so specified.] 2[8A. 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) Every rule 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 or the notification or both Houses agree that the rule or notification should not be made or issued, the rule or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notification.] **9. [Repeal.]** _Rep. by the Repealing and Amending Act, 1978 (38_ _of 1978),_ _s. 2_ _and First Schedule_ (w.e.f. 26-11-1978). 1. Subs. by Act 28 of 2009, s. 9, for sub-section (3) (w.e.f. 1-7-2009). 2. Ins. by Act 12 of 2016, s. 3 (w.e.f. 21-3-2016). 5 ----- THE FIRST SCHEDULE (See section 3) CHAPTER I RULES SCOPE—DEFINITIONS 1. (1) These rules apply to all international carriage of persons, luggage or goods performed by aircraft for reward. They apply also to such carriage when performed gratuitously by an air transport undertaking. (2) In these rules, “High Contracting Party” means a High Contracting Party to the Convention. (3) For the purposes of these rules, the expression “international carriage” means any carriage in which according to the contract made by the parties, the place of departure and the place of destination, whether or not there be a break in the carriage or a transhipment, are situated either within the territories of two High Contracting Parties, or within the territory of a single High Contracting Party, if there is an agreed stopping place within a territory subject to the sovereignty, suzerainty, mandate or authority of another Power, even though that Power is not a party to the Convention. A carriage without such an agreed stopping place between territories subject to the sovereignty, suzerainty, mandate or authority of the same High Contracting Party is not deemed to be international for the purposes of these rules. (4) A carriage to be performed by several successive air carriers is deemed, for the purposes of these rules, to be one undivided carriage, if it has been regarded by the parties as a single operation, whether it has been agreed upon under the form of a single contract or of a series of contracts, and it does not lose its international character merely because one contract or a series of contracts is to be performed entirely within a territory subject to the sovereignty, suzerainty, mandate or authority of the same High Contracting Party. 2. (1) These rules apply to carriage performed by the State or by legally constituted public bodies provided it falls within the conditions laid down in rule 1. (2) These rules do not apply to carriage performed under the terms of any international postal Convention. CHAPTER II DOCUMENTS OFCARRIAGE _PartI.—Passenger ticket_ 3. (1) For the carriage of passengers the carrier must deliver a passenger ticket which shall contain the following particulars:— (a) the place and date of issue; (b) the place of departure and of destination; (c) the agreed stopping places, provided that the carrier may reserve the right to alter the stopping places in case of necessity, and that if he exercised that right, the alteration shall not have the effect of depriving the carriage of its international character; (d) the name and address of the carrier or carriers; (e) a statement that the carriage is subject to the rules relating to liability contained in this Schedule. (2) The absence, irregularity or loss of the passenger ticket does not affect the existence or the validity of the contract of carriage, which shall nonetheless be subject to these rules. Nevertheless, if the carrier accepts a passenger without a passenger ticket having been delivered he shall not be entitled to avail himself of those provisions of this Schedule which exclude or limit his liability. 6 ----- _Part II.—Luggage ticket_ 4. (1) For the carriage of luggage, other than small personal objects of which the passenger takes charge himself, the carrier must deliver a luggage ticket. (2) The luggage ticket shall be made out in duplicate, one part for the passenger and the other part for the carrier. (3) The luggage ticket shall contain the following particulars:— (a) the place and date of issue; (b) the place of departure and of destination; (c) the name and address of the carrier or carriers; (d) thenumber of the passenger ticket; (e) a statement that delivery of the luggage will be made to the bearer of the luggage ticket; (f) the number and weight of the packages; (g) the amount of the value declared in accordance with rule 22(2); (h) a statement that the carriage is subject to the rules relating to liability contained in this Schedule. (4) The absence, irregularity or loss of the luggage ticket does not affect the existence or the validity of the contract of carriage, which shall none the less be subject to these rules. Nevertheless, if the carrier accepts luggage without a luggage ticket having been delivered, or if the luggage ticket does not contain the particulars set out at (d), (f) and (h) of sub-rule (3), the carrier shall not be entitled to avail himself of those provisions of this Schedule which exclude or limit his liability. _Part III.—Air consignment note_ 5. (1) Every carrier of goods has the right to require the consignor to make out and hand over to him a document called an “air consignment note”; every consignor has the right to require the carrier to accept this document. (2) The absence, irregularity or loss of this document does not affect the existence or the validity of the contract of carriage which shall, subject to the provisions of rule 9, be nonetheless governed by these rules. 6. (1) The air consignment note shall be made out by the consignor in three original parts and be handed over with the goods. (2) The first part shall be marked “for the carrier” and shall be signed by the consignor. The second part shall be marked “for the consignee”; it shall be signed by the consignor and by the carrier and shall accompany the goods. The third part shall be signed by the carrier and handed by him to the consignor after the goods have been accepted. (3) The carrier shall sign an acceptance of the goods. (4) The signature of the carrier may be stamped; that of the consignor may be printed or stamped. (5) If, at the request of the consignor, the carrier makes out the air consignment note, he shall be deemed, subject to proof to the contrary, to have done so on behalf of the consignor. 7. The carrier of goods has the right to require the consignor to make out separate consignment notes when there is more than one package. 8. The air consignment note shall contain the following particulars:— (a) the place and date of its execution; (b) the place of departure and of destination; 7 ----- (c) the agreed stopping places, provided that the carrier may reserve the right to alter the stopping places in case of necessity, and that if he exercises that right the alteration shall not have the effect of depriving the carriage of its international character; (d) the name and address of the consignor; (e) the name and address of the first carrier; (f) the name and address of the consignee, if the case so requires; (g) the nature of the goods; (h) the number of the packages, the method of packing and the particular marks or numbers upon them; (i) the weight, the quantity and the volume or dimensions of the goods; (j) the apparent condition of the goods and of the packing; (k) the freight, if it has been agreed upon, the date and place of payment, and the person who is to pay it; (l) if the goods are sent for payment on delivery, the price of the goods, and if the case so requires, the amount of the expenses incurred; (m) the amount of the value declared in accordance with rule 22(2); (n) the number of parts of the air consignment note; (o) the documents handed to the carrier to accompany the air consignment note; (p) the time fixed for the completion of the carriage and a brief note of the route to be followed, if these matters have been agreed upon; (q) a statement that the carriage is subject to the rules relating to liability contained in this Schedule. 9. If the carrier accepts goods without an air consignment note having been made out, or if the air consignment note does not contain all the particulars set out in rule 8 (a) to (i) inclusive and (q), the carrier shall not be entitled to avail himself of the provisions of this Schedule which exclude or limit his liability. 10. (1) The consignor is responsible for the correctness of the particulars and statements relating to the goods which he inserts in the air consignment note. (2) The consignor will be liable for all damage suffered by the carrier or any other person by reason of the irregularity, incorrectness or incompleteness of the said particulars and statements. 11. (1) The air consignment note is _prima facie evidence of the conclusion of the contract, of the_ receipt of the goods and of the conditions of carriage. (2) The statements in the air consignment note relating to the weight, dimensions and packing of the goods, as well as those relating to the number of packages, are _prima facie evidence of the facts stated;_ those relating to the quantity, volume and condition of the goods do not constitute evidence against the carrier except so far as they both have been, and are stated in the air consignment note to have been, checked by him in the presence of the consignor, or relate to the apparent condition of the goods. 12. (1) Subject to his liability to carry out all his obligations under the contract of carriage, the consignor has the right to dispose of the goods by withdrawing them at the aerodrome of departure or destination, or by stopping them in the course of the journey on any landing or, by calling for them to be delivered at the place of destination or in the course of the journey to a person other than the consignee named in the air consignment note, or by requiring them to be returned to the aerodrome of departure. He must not exercise the right of disposition in such a way as to prejudice the carrier or other consignors and he must repay any expenses occasioned by the exercise of this right. (2) If it is impossible to carry out the orders of the consignor the carrier must so inform him forthwith. 8 ----- (3) If the carrier obeys the orders of the consignor for the disposition of the goods without requiring the production of the part of the air consignment note delivered to the latter, he will be liable, without prejudice to his right of recovery from the consignor, for any damage which may be caused thereby to any person who is lawfully in possession of that part of the air consignment note. (4) The right conferred on the consignor ceases at the moment when that of the consignee begins in accordance with rule13. Nevertheless, if the consignee declines to accept the consignment note or the goods, or if he cannot be communicated with, the consignor resumes his rights of dispositions. 13. (1) Except in the circumstances set out in rule 12, the consignee is entitled, on arrival of the goods at the place of destination, to require the carrier to hand over to him the air consignment note and to deliver the goods to him, on payment of the charges due and on complying with the conditions of carriage set out in the air consignment note. (2) Uuless it is otherwise agreed, it is the duty of the carrier to give notice to the consignee as soon as the goods arrive. (3) If the carrier admits the loss of the goods, or if the goods have not arrived at the expiration of seven days after the date on which they ought to have arrived, the consignee is entitled to put into force against the carrier the rights which flow from the contract of carriage. 14. The consignor and the consignee can respectively enforce all the rights given to them by rules 12 and 13, each in his own name, whether he is acting in his own interest or in the interest of another, provided that he carries out the obligations imposed by the contract. 15. (1) Rules 12, 13 and 14 do not affect either the relations of the consignor or the consignee, with each other or the mutual relations of third parties whose rights are derived either from the consignor or from the consignee. (2) The provisions of rules 12, 13 and 14 can only be varied by express provision in the air consignment note. 16. (1) The consignor must furnish such information and attach to the air consignment note such documents as are necessary to meet the formalities of customs, octroi or police before the goods can be delivered to the consignee. The consignor is liable to the carrier for any damage occasioned by the absence, insufficiency or irregularity of any such information or documents, unless the damage is due to the fault of the carrier or his agents. (2) The carrier is under no obligation to enquire into the correctness or sufficiency of such information or documents. CHAPTER III LIABILITY OF THE CARRIER 17. The carrier is liable for damage sustained in the event of the death or wounding of a passenger or any other bodily injury suffered by a passenger, if the accident which caused the damage so sustained took place on board the aircraft or in the course of any of the operations of embarking or disembarking. 18. (1) The carrier is liable for damage sustained in the event of the destruction or loss of, or of damage to, any registered luggage or any goods, if the occurrence which caused the damage so sustained took place during the carriage by air. (2) The carriage by air within the meaning of sub-rule (1) comprises the period during which the luggage or goods are in charge of the carrier, whether in an aerodrome or on board an aircraft or, in the case of a landing outside an aerodrome, in any place whatsoever. (3) The period of the carriage by air does not extend to any carriage by land, by sea or by river performed outside an aerodrome. If, however, such a carriage takes place in the performance of a contract for carriage by air, for the purpose of loading, delivery or transhipment, any damage is presumed, subject to proof to the contrary, to have been the result of an event which took place during the carriage by air. 9 ----- 19. The carrier is liable for damage occasioned by delay in the carriage by air of passengers, luggage or goods. 20. (1) The carrier is not liable if he proves that he and his agents have taken all necessary measures to avoid the damage or that it was impossible for him or them to take such measures. (2) In the carriage of goods and luggage the carrier is not liable if he proves that the damage was occasioned by negligent pilotage or negligence in the handling of the aircraft or in navigation and that, in all other respects, he and his agents have taken all necessary measures to avoid the damage. 21. If the carrier proves that the damage was caused by or contributed to by the negligence of the injured person the Court may exonerate the carrier wholly or partly from his liability. 22. (1) In the carriage of passengers the liability of the carrier for each passenger is limited to the sum of 1,25,000 francs. Where damages may be awarded in the form of periodical payments, the equivalent capital value of the said payments shall not exceed 1,25,000 francs. Nevertheless, by special contract the carrier and the passenger may agree to a higher limit of liability. (2) In the carriage of registered luggage and of goods, the liability of the carrier is limited to a sum of 250 francs per kilogramme, unless the consignor has made, at the time when the package was handed over to the carrier, a special declaration of the value at delivery and has paid a supplementary sum if the case so requires. In that case the carrier will be liable to pay a sum not exceeding the declared sum, unless he proves that that sum is greater than the actual value to the consignor at delivery. (3) As regards objects of which the passenger takes charge himself the liability of the carrier is limited to 5,000 francs per passenger. (4) The sums mentioned in this rule shall be deemed to refer to the French franc consisting of sixty five and a half milligrammes gold of millesimal fineness nine hundred. 23. (1) Any provision tending to relieve the carrier of liability or to fix a lower limit then that which is laid down in these rules shall be null and void, but the nullity of any such provision does not involve the nullity of the whole contract which shall remain subject to the provisions of this Schedule. 24. (1) In the cases covered by rules 18 and 19 any action for damages, however founded, can only brought subject to the conditions and limits set out in this Schedule. (2) In the cases covered by rule 17, the provisions of sub-rule (1) also apply, without prejudice to the questions as to who are the persons who have the right to bring suit and what are their respective rights. 25. (1) The carrier shall not be entitled to avail himself of the provisions of this Schedule which exclude or limit his liability, if the damage is caused by his wilful misconduct or by such default on his part as is in the opinion of the Court equivalent to wilful misconduct. (2) Similarly the carrier shall not be entitled to avail himself of the said provisions, if the damage is caused as aforesaid by any agent of the carrier acting within the scope of his employment. 26. (1) Receipt by the person entitled to delivery of luggage or goods without complaint is _prima_ _facie evidence that the same have been delivered in good condition and in accordance with the document_ of carriage. (2) In the case of damage, the person entitled to delivery must complain to the carrier forthwith after the discovery of the damage, and, at the latest, within three days from the date of receipt in the case of luggage and seven days from the date of receipt in the case of goods. In the case of delay the complaint must be made at the latest within fourteen days from the date on which the luggage or goods have been placed at his disposal. (3) Every complaint must be made in writing upon the document of carriage or by separate notice in writing despatched within the times aforesaid. (4) Failing complaint within the times aforesaid, no action shall lie against the carrier, save in the case of fraud on his part. 10 ----- 27. In the case of the death of the person liable, an action for damages lies in accordance with these rules against those legally representing his estate. 28. An action for damages must be brought at the option of the plaintiff, either before the Court having jurisdiction where the carrier is ordinarily resident, or has his principal place of business, or has an establishment by which the contract has been made or before the Court having jurisdiction at the place of destination. 29. The right of damages shall be extinguished if an action is not brought within two years, reckoned from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped. 30. (1) In the case of carriage to be performed by various successive carriers and falling within the definition set out in sub-rule (4) of rule 1, each carrier who accepts passengers, luggage or goods is subjected to the rules set out in this Schedule, and is deemed to be one of the contracting parties to the contract of carriage in so far as the contract deals with that part of the carriage which is performed under his supervision. (2) In the case of carriage of this nature, the passenger or his representative can take action only against the carrier who performed the carriage during which the accident or the delay occurred, save in the case where, by express agreement, the first carrier has assumed liability for the whole journey. (3) As regards luggage or goods, the passenger or consignor will have a right of action against the first carrier, and the passenger or consignee who is entitled to delivery will have a right of action against the last carrier, and further, each may take action against the carrier who performed the carriage during which the destruction, loss, damage or delay took place. These carriers will be jointly and severally liable to the passenger or to the consignor or consignee. CHAPTER IV PROVISIONS RELATING TO COMBINED CARRIAGE 31. (1) In the case of combined carriage performed partly by air and partly by any other mode of carriage, the provisions of this Schedule apply only to the carriage by air, provided that the carriage by air falls within the terms of rule 1. (2) Nothing in this Schedule shall prevent the parties in the case of combined carriage from inserting in the document of air carriage conditions ralating to other modes of carriage, provided that the provisions of this Schedule are observed as regards the carriage by air. CHAPTER V GENERAL AND FINAL PROVISIONS 32. Any clause contained in the contract and all special agreements entered into before the damage occurred by which the parties purport to infringe the rules laid down by this Schedule, whether by deciding the law to be applied, or by altering the rules as to jurisdiction, shall be null and void. Nevertheless for the carriage of goods arbitration clauses are allowed, subject to these rules, if the arbitration is to take place in the territory of one of the High Contracting Parties within one of the jurisdiction referred to in rule 28. 33. Nothing contained in this Schedule shall prevent the carrier either from refusing to enter into any contract of carriage, or from making regulations which do not conflict with the provisions of this Schedule. 34. This Schedule does not apply to international carriage by air performed by way of experimental trial by air navigation undertakings with the view to the establishment of a regular line of air navigation, nor does it apply to carriage performed in extraordinary circumstances outside the normal scope of an aircarrier’s business. 35. The expression “days” when used in these rules means current days, not working days. 11 ----- 36. When a High Contracting Party has declared at the time of ratification of or of accession to the Convention that sub-rule (1) of rule 2 of these rules shall not apply to international carriage by air performed directly by the State, its colonies, protectorates or mandated territories or by any other territory under its sovereignty suzerainty or authority, these rules shall not apply to international carriage by air so performed. 12 ----- THE SECOND SCHEDULE (See section 4) **RULES** CHAPTER I SCOPE-DEFINITIONS 1. (1) These rules apply to all international carriage of persons, baggage or cargo performed by aircraft for reward. They apply equally to gratuitous carriage by aircraft performed by an air transport undertaking. (2) In these rules, “High Contracting Party” means a High Contracting Party to the amended Convention. (3) for the purposes of these rules, the expression “International carriage” means any carriage in which, according to the agreement between the parties, the place of departure and the place of destination, whether or not there be a break in the carriage or a transhipment, are situated either within the territories of two High Contracting Parties or within the territory of a single High Contracting Party if there is an agreed stopping place within the territory of another State, even if that State is not a High Contracting Party. Carriage between two points within the territory of a single High Contracting Party without an agreed stopping place within the territory of another State is not international carriage for the purposes of these rules. (4) Carriage to be performed by several successive air carriers is deemed, for the purposes of these rules, to be one undivided carriage if it has been regarded by the parties as a single operation, whether it had been agreed upon under the form of a single contract or of a series of contracts, and it does not lose its international character merely because one contract or a series of contracts is to be performed entirely within the territory of the same State. 2. (1) These rules apply to carriage performed by the State or by legally constituted public bodies provided it falls within the conditions laid down in rule 1. (2) These rules shall not apply to carriage of mail and postal packages. CHAPTER II DOCUMENTS OF CARRIAGE _Part I.—Passenger ticket_ 3. (1) In respect of the carriage of passengers a ticket shall be delivered containing: (a) an indication of the places of departure and destination; (b) if the places of departure and destination are within the territory of a single High Contracting Party, one or more agreed stopping places being within the territory of another State, an indication of at least one such stopping place; (c) a notice to the effect that, if the passenger’s journey involves an ultimate destination or stop in a country other than the country of departure, the amended Convention may be applicable and that the amended Convention governs and in most cases limits the liability of carriers for death or personal injury and in respect of loss, or damage to, baggage. (2) The passenger ticket shall constitute prima facie evidence of the conclusion and conditions of the contract of carriage. The absence, irregularity or loss of the passenger ticket does not affect the existence or the validity of the contract of carriage which shall, nonetheless,be subject to these rules. Nevertheless, if, with the consent of the carrier, the passenger embarks without a passenger ticket having been delivered, or if the ticket does not include the notice required by sub-rule (1) (c) of this rule, the carrier shall not be entitled to avail himself of the provisions of rule 22. 13 ----- _Part II.—Baggage check_ 4. (1) In respect of the carriage of registered baggage, a baggage check shall be delivered, which, unless combined with or incorporated in a passenger ticket which complies with the provisions of subrule (1) of rule 3 shall contain: (a) an indication of the places of departure and destination; (b) if the places of departure and destination are within the territory of a single High Contracting Party, one or more agreed stopping places being within the territory of another State, an indication of at least one such stopping place; (c) a notice to the effect that, if the carriage involves an ultimate destination or stop in a country other than the country of departure, the amended Convention may be applicable and that the amended Convention governs and in most cases limits the liability of carriers in respect of loss of, or damage to, baggage. (2) The baggage check shall constitute prima facie evidence of the registration of the baggage and of the conditions of the contract of carriage. The absence, irregularity or loss of the baggage check does not affect the existence or the validity of the contract of carriage which shall, nonetheless, be subject to these rules. Nevertheless, if the carrier takes charge of the baggage without a baggage check having been delivered or if the baggage check [unless combined with or incorporated in the passenger ticket which complies with the provisions of sub-rule (1) (c) of rule 3] does not include the notice required by sub-rule (1) (c) of this rule, he shall not be entitled to avail himself of the provisions of sub-rule (2) of rule 22. _Part III.—Air waybill_ 5. (1) Every carrier of cargo has the right to require the consignor to make out and hand over to him a document called an “air waybill”; every consignor has the right to require the carrier to accept this document. (2) The absence, irregularity or loss of this document does not affect the existence or the validity of the contract of carriage which shall, subject to the provisions of rule 9, be nonetheless governed by these rules. 6. (1) The air waybill shall be made out by the consignor in three original parts and be handed over with the cargo. (2) The first part shall be marked “for the carrier”, and shall be signed by the consignor. The second part shall be marked “for the consignee”; it shall be signed by the consignor and by the carrier and shall accompany the cargo. The third part shall be signed by the carrier and handed by him to the consignor after the cargo has been accepted. (3) The carrier shall sign prior to the loading of the cargo or board the aircraft. (4) The signature of the carrier may be stamped; that of the consignor may be printed or stamped. (5) If, at the request of the consignor, the carrier makes out the air waybill, he shall be deemed, subject to proof to the contrary, to have done so on behalf of the consignor. 7. The carrier of cargo has the right to require the consignor to make out separate waybills when there is more than one package. 8. The air waybill shall contain: (a) an indication of the places of departure and destination; (b) if the places of departure and destination are within the territory of a single High Contracting Party, one or more agreed stopping places being within the territory of another State, an indication of at least one such stopping place; (c) a notice to the consignor to the effect that, if the carriage involves an ultimate destination or stop in a country other than the country of departure, the amended Convention may by applicable and that the amended Convention governs and in most cases limits the liability of carriers in respect of loss of, or damage to, cargo. 14 ----- 9. If, with the consent of the carrier, cargo is loaded on board the aircraft without an air waybill having been made out, or if the air waybill does not include the notice required by rule 8(c), the carrier shall not be entitled to avail himself of the provisions of sub-rule (2) of rule 22. 10. (1) The consignor is responsible for the correctness of the particulars and statements relating to the cargo which he inserts in the air waybill. (2) The consignor shall indemnify the carrier against all damage suffered by him, or by any other person to whom the carrier is liable, by reason of the irregularity, incorrectness or incompleteness of the particulars and statements furnished by the consignor. 11. (1) The air waybill is prima facie evidence of the conclusion of the contract, of the receipt of the cargo and of the conditions of carriage. (2) The statements in the air waybill relating to the weight, dimensions and packing of the cargo, as well as those relating to the number of packages, are _prima facie evidence of the facts stated; those_ relating to the quantity, volume and condition of the cargo do not constitute evidence against the carrier except so far as they both have been, and are stated in the air waybill to have been, checked by him in the presence of the consignor, or relate to the apparent condition of the cargo. 12. (1) Subject to his liability to carry out all his obligations under the contract of carriage, the consignor has the right to dispose of the cargo by withdrawing it at the aerodrome of departure or destination, or by stopping it in the course of the journey on any landing, or by calling for it to be delivered at the place of destination or in the course of the journey to a person other than the consignee named in the air waybill, or by requiring it to be returned to the aerodrome of departure. He must not exercise this right of disposition in such a way as to prejudice the carrier or other consignors and he must repay any expenses occasioned by the exercise of this right. (2) If it is impossible to carry out the orders of the consignor the carrier must so inform him forthwith. (3) If the carrier obeys the orders of the consignor for the disposition of the cargo without requiring the production of the part of the air waybill delivered to the latter, he will be liable, without prejudice to his right of recovery from the consignor, for any damage which may be caused thereby to any person who is lawfully in possession of that part of the air waybill. (4) The right conferred on the consignor ceases at the moment when that of the consignee begins in accordance with rule. 13. Nevertheless, if the consignee declines to accept the waybill or the cargo, or if he cannot be communicated with, the consignor resumes his right of disposition. 13. (1) Except in the circumstances set out in the preceding rule, the consignee is entitled on arrival of the cargo at the place of destination to require the carrier to hand over to him the air waybill and to deliver the cargo to him, on payment of the charges due and on complying with the conditions of carriage set out in the air waybill. (2) Unless it is otherwise agreed, it is the duty of the carrier to give notice to the consignee as soon as the cargo arrives. (3) If the carrier admits the loss of the cargo, or if the cargo has not arrived at the expiration of seven days after the date on which it ought to have arrived, the consignee is entitled to put into force against the carrier the rights which flow from the contract of carriage. 14. The consignor and the consignee can respectively enforce all the rights given to them by rules 12 and 13, each in his own name, whether he is acting in his own interest or in the interest of another, provided that he carries out the obligations imposed by the contract. 15. (1) Rules 12, 13 and 14 do not affect either the relations of the consignor or the consignee with each other or the mutual relations of third parties whose rights are derived either from the consignor or from the consignee. (2) The provisions of rules 12, 13 and 14 can only be varied by express provision in the air waybill. 15 ----- (3) Nothing in these rules prevents the issue of a negotiable air waybill. 16. (1) The consignor must furnish such information and attach to the air waybill such documents as are necessary to meet the formalities of customs, octroi or police before the cargo can be delivered to the consignee. The consignor is liable to the carrier for any damage occasioned by the absence, insufficiency or irregularity of any such information or documents, unless the damage is due to the fault of the carrier or his servants or agents. (2) The carrier is under no obligation to enquire into the correctness or sufficiency of such information or documents. CHAPTER III LIABILITY OF THE CARRIER 17. The carrier is liable for damage sustained in the event of the death or wounding of a passenger or a passenger or any other bodily injury suffered by a passenger, if the accident which caused the damage so sustained took place on board the aircraft or in the course of any of the operations of embarking or disembarking. 18. (1) The carrier is liabile for damage sustained in the event of the destruction or loss of, or of damage to, any registered baggage or any cargo, if the occurrence which caused the damage so sustained took place during the carriage by air. (2) The carriage by air within the meaning of the preceding sub-rule comprises the period during which the baggage or cargo is in charge of the carrier, whether in an aerodrome or on board an aircraft, or, in the case of a landing outside an aerodrome, in any place whatsoever. (3) The period of the carriage by air does not extend to any carriage by land, by sea or by river performed outside an aerodrome. If, however, such a carriage takes place in the performance of a contract for carriage by air, for the purpose of loading, delivery or transhipment, any damage is presumed, subject to proof to the contrary, to have been the result of an event which took place during the carriage by air. 19. The carrier is liable for damage occasioned by delay in the carriage by air of passengers, baggage or cargo. 20. The carrier is not liable if he proves that he and his servants or agents have taken all necessary measures to avoid the damage or that it was impossible for him or them to take such measures. 21. If the carrier proves that the damage was caused by or contributed to by the negligence of the injured person the Court may, in accordance with the provisions of its own law, exonerate the carrier wholly or partly from his liability. 22. (1) In the carriage of persons the liability of the carrier for each passenger is limited to the sum of 2,50,000 francs. Where, in accordance with the law of the Court seized of the case, damages may be awarded in the form of periodical payments the equivalent capital value of the said payments shall not exceed 2,50,000 francs. Nevertheless, by special contract, the carrier and the passenger may agree to a higher limit of liability. (2) (a) In the carriage of registered baggage and of cargo, the liability of the carrier is limited to a sum of 250 francs per kilogramme, unless the passenger or consignor has made, at the time when the package was handed over to the carrier, a special delaration of interest in delivery at destination and has paid a supplementary sum if the case so requires. In that case the carrier will be liable to pay a sum not exceeding the declared sum, unless he proves that that sum is greater than the passenger’s or consignor’s actual interest in delivery at destination. (b) In the case of loss, damage or delay of part of registered baggage or cargo, or of any object contained therein, the weight to be taken into consideration in determining the amount to which the carrier's liability is limited shall be only the total weight of the package or packages concerned. Nevertheless, when the loss, damage or delay of a part of the registered baggage or cargo, or of an object contained therein, affects the value of other packages covered by the same baggage check or the same air 16 ----- waybill, the total weight of such package or packages shall also be taken into consideration in determining the limit of liability. (3) As regards objects of which the passenger takes charge himself the liability of the carrier is limited to 5,00 francs per passenger. (4) The limits prescribed in this rule shall not prevent the Court from awarding, in accordance with its own law, in addition, the whole or part of the Court costs and of the other expenses of the litigation incurred by the plaintiff. The foregoing provision shall not apply if the amount of the damages awarded, excluding Court costs and other expenses of the litigation, does not exceed the sum which the carrier has offered in writing to the plaintiff within a period of six months from the date of the occurrence causing the damage, or before the commencement of the action, if that is later. (5) The sums mentioned in francs in this rule shall be deemed to refer to a currency unit consisting of sixty-five and a half milligrammes of gold of millesimal fineness nine hundred. This sums may be converted into national currencies in round figures. Conversion of the sums into national currencies other than gold shall, in case of judicial proceedings, be made according to the gold value of such currencies of the date of judgment. 23. (1) Any provision tending to relieve the carrier of liability or to fix a lower limit than that which is laid down in these rules shall be null and void, but the nullity of any such provision does not involve the nullity of the whole contract, which shall remain subject to the provisions of these rules. (2) Sub-rule (1) of this rule shall not apply to provisions governing loss or damage resulting from the inherent defect, quality or vice of the cargo carried. 24. (1) In the cases covered by rules 18 and 19 any action for damages, however founded, can only be brought subject to the conditions and limits set out in these rules. (2) In the cases covered by rule 17, the provisions of the preceding sub-rule also apply, without prejudice to the questions as to who are the persons who have the right to bring suit and what are their respective rights. 25. The limits of liability specified in rule 22 shall not apply if it is proved that the damage resulted from an act or omission of the carrier, his servants or agents, done with intent to cause damage or recklessly and with knowledge that damage would probably result; provided that, in the case of such act or omission of a servant or agent, it is also proved that he was acting within the scope of his employment. 26. (1) If an action is brought against a servant or agent of the carrier arising out of damage to which these rules relate, such servant or agent, if he proves that he acted within the scope of his employment, shall be entitled to avail himself of the limits of liability which that carrier himself is entitled to invoke under rule 22. (2) The aggregate of the amounts recoverable from the carrier, his servants and agents, in that case, shall not exceed the said limits. (3) The provisions of sub-rules (1) and (2) of this rule shall not apply if it is proved that the damage resulted from an act or omission of the servant or agent done with intent to cause damage or recklessly and with knowledge that damage would probably result. 27. (1) Receipt by the person entitled to delivery of baggage or cargo without complaint is _prima_ _facie evidence that the same has been delivered in good condition and in accordance with the document of_ carriage. (2) In the case of damage, the person entitled to delivery must complain to the carrier forthwith after the discovery of the damage, and at the latest, within seven days from the date of receipt in the case of baggage and fourteen days from the date of receipt in the case of cargo. In the case of delay the complaint must be made at the latest within twenty-one days from the date on which the baggage or cargo have been placed at his disposal. (3) Every complaint must be made in writing upon the document of carriage or by separate notice in writing despatched within the times aforesaid. 17 ----- (4) Failing complaint within the times aforesaid, no action shall lie against the carrier, save in the case of fraud on his part. 28. In the case of the death of the person liable, an action for damages lies in accordance with the terms of these rules against those legally representing his estate. 29. (1) An action for damages must be brought, at the option of the plaintiff, in the territory of one of the High Contracting Parties, either before the Court having jurisdiction where the carrier is ordinarily resident, or has his principal place of business, or has an estabilishment by which the contract has been made or before the Court having jurisdiction at the place of destination. (2) Questions of procedure shall be governed by the law of the Court seized of the case. 30. (1) The right to damages shall be extinguished if an action is not brought within two years, reckoned from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped. (2) The method of calculating the period of limitation shall be determined by the law of the Court seized of the case. 31. (1) In the case of carriage to be performed by various successive carriers and falling within the definition set out in sub- rule (3) of rule 1, each carrier who accepts passengers, baggage or cargo is subjected to the rules set out in this Schedule, and is deemed to be one of the contracting parties to the contract of carriage in so far as the contract deals with that part of the carriage which is performed under his supervision. (2) In the case of carriage of this nature, the passenger or his representative can take action only against the carrier who performed the carriage during which the accident or the delay occurred, save in the case where, by express agreement, the first carrier has assumed liability for the whole journey. (3) As regards baggage or cargo, the passenger or consignor will have a right of action against the first carrier, and the passenger or consignee who is entitled to delivery will have a right of action against the last carrier, and further, each may take action against the carrier who performed the carriage during which the destruction, loss, damage or delay took place. These carriers will be jointly and severally liable to the passenger or to the consignor or consignee. CHAPTER IV PROVISIONS RELATING TO COMBINED CARRIAGE 32. (1) In the case of combined carriage performed partly by air and partly by any other mode of carriage, the provisions of this Schedule apply only to the carriage by air, provided that the carriage by air falls within the terms of rule 1. (2) Nothing in this Schedule shall prevent the parties in the case of combined carriage from inserting in the document of air carriage conditions relating to other modes of carriage, provided that the provisions of this Schedule are observed as regards the carriage by air. CHAPTER V GENERAL AND FINAL PROVISIONS 33. Any clause contained in the contract and all special agreements entered into before the damage occurred by which the parties purport to infringe the rules laid down by this Schedule, whether by deciding the law to be applied, or by altering the rules as to jurisdiction, shall be null and void. Nevertheless for the carriage of cargo arbitration clauses are allowed, subject to these rules, if the arbitration is to take place within one of the jurisdictions referred to in sub-rule (1) of rule 29. 34. Nothing contained in this Schedule shall prevent the carrier either from refusing to enter into any contract of carriage, or from making regulations which do not conflict with the provisions of this Schedule. 18 ----- 35. The provisions of rules 3 to 9 (inclusive) relating to documents of carriage shall not apply in the case of carriage performed in extraordinary circumstances outside the normal scope of an air carrier’s business. 36. The expression “days” when used in these rules means current days, not working days. 19 ----- 1[THE THIRD SCHEDULE (See section 4A) **RULES** CHAPTER I SCOPE OF APPLICATION 1. (1) These rules shall apply to all international carriage of persons, baggage or cargo performed by aircraft for reward. They shall apply also to such carriage when performed gratuitously by an air transport undertaking. (2) In these rules, unless the context otherwise requires,— (a) “baggage” means both checked baggage and unchecked baggage; (b) “days” means calendar days and not working days; (c) “depository” means the International Civil AviationOrganisation; (d) “State Party” means a signatory or acceding State to the Montreal Convention whose instrument of ratification or accession has been deposited with the depository. (3) For the purposes of these rules, the expression “international carriage” means any carriage in which, according to the agreement between the parties, the place of departure and the place of destination, whether or not there be a break in the carriage or a transhipment, are situated either within the territories of two State Parties, or within the territory of a single State Party if there is an agreed stopping place within the territory of another State, even if that State is not a State Party. A carriage between two points within the territory of a single State Party without an agreed stopping place within the territory of another State shall not be deemed to be international carriage for the purposes of these rules. (4) A carriage to be performed by several successive air carriers shall be deemed for the purposes of these rules, to be one undivided carriage if it has been regarded by the parties as a single operation, whether it has been agreed upon under the form of a single contract or of a series of contracts, and it shall not lose its international character merely because one contract or a series of contracts is to be performed entirely within the territory of the same State. (5) These rules shall apply also to carriage as set out in Chapter V, subject to the terms contained therein. 2. (1) These rules shall apply to carriage performed by the State or by legally constituted public bodies provided it falls within the conditions laid down in rule 1. (2) In the carriage of postal items, the carrier shall be liable only to the relevant postal administration in accordance with the rules applicable to the relationship between the carriers and the postal administration. (3) Except as provided in sub-rule (2), these rules shall not apply to the carriage of postal items. CHAPTER II DOCUMENTATION AND DUTIES OF THE PARTIES RELATING TO THE CARRIAGE OF PASSENGERS, BAGGAGE AND CARGO 3. (1) In respect of carriage of passengers, an individual or collective document of carriage shall be delivered containing— (a) an indication of the places of departure and destination; (b) if the places of departure and destination are within the territory of a single State Party, one or more agreed stopping places being within the territory of another State, an indication of at least one of such stopping places. 1. Ins. by Act 28 of 2009, s. 10 (w.e.f. 1-7-2009). 20 ----- (2) Any other means which preserves the information indicated in sub-rule (1) may be substituted for the delivery of the document referred to in that sub-rule. If any such other means is used, the carrier shall offer to deliver to the passenger a written statement of the information so preserved. (3) The carrier shall deliver to the passenger a baggage identification tag for each piece of checked baggage. (4) The passenger shall be given written notice to the effect that where these rules are applicable it governs and may limit the liability of carriers in respect of death or injury and for destruction or loss of, or damage to, baggage, and for delay. (5) Non-compliance with the provisions of sub-rules (1), (2) and (3) shall not affect the existence or the validity of the contract of carriage, which shall, nonetheless, be subject to these rules including those relating to limitation of liability. 4. (1) In respect of the carriage of cargo, an air waybill shall be delivered. (2) Any other means which preserves a record of the carriage to be performed may be substituted for the delivery of an air waybill. If such other means are used, the carrier shall, if so requested by the consignor, deliver to the consignor a cargo receipt permitting identification of the consignment and access to the information contained in the record preserved by such other means. 5. The air waybill or the cargo receipt shall include— (a) an indication of the places of departure and destination; (b) if the places of departure and destination are within the territory of a single State Party, one or more agreed stopping places being within the territory of another State, an indication of at least one of such stopping places; and (c) an indication of the weight of the consignment. 6. The consignor may be required, if necessary to meet the formalities of customs, police and similar public authorities, to deliver a document indicating the nature of the cargo. This provision shall not create for the carrier any duty, obligation or liability resulting therefrom. 7. (1) The air waybill shall be made out by the consignor in three original parts. The first part shall be marked “for the carrier” and it shall be signed by the consignor. The second part shall be marked “for the consignee” and it shall be signed by the consignor and by the carrier. The third part shall be signed by the carrier who shall hand it to the consignor after the cargo has been accepted. (2) The signature of the carrier and of the consignor may be printed or stamped. (3) If, at the request of the consignor, the carrier makes out the air waybill, the carrier shall be deemed, subject to proof to the contrary, to have done so on behalf of the consignor. 8. When there is more than one package— (a) the carrier has the right to require the consignor to make out separate air waybills; (b) the consignor has the right to require the carrier to deliver separate cargo receipts when the other means referred to in sub-rule (2) of rule 4 are used. 9. Non-compliance with the provisions of rules 4, 5, 6, 7 and 8 shall not affect the existence or the validity of the contract of carriage, which shall, nonetheless, be subject to these rules including those relating to limitation of liability. 10. (1) The consignor is responsible for the correctness of the particulars and statements relating to the cargo inserted by it or on its behalf in the air waybill or furnished by it or on its behalf to the carrier for insertion in the cargo receipt or for insertion in the record preserved by the other means referred to in sub-rule (2) of rule 4. The foregoing shall also apply where the person acting on behalf of the consignor is also the agent of the carrier. 21 ----- (2) The consignor shall indemnify the carrier against all damage suffered by it, or by any other person to whom the carrier is liable, by reason of the irregularity, incorrectness or incompleteness of the particulars and statements furnished by the consignor or on its behalf. (3) Subject to the provisions of sub-rules (1) and (2), the carrier shall indemnify the consignor against all damages suffered by it, or by any other person to whom the consignor is liable, by reason of the irregularity, incorrectness or incompleteness of the particulars and statements inserted by the carrier or on its behalf in the cargo receipt or in the record preserved by the other means referred to in sub-rule (2) of rule 4. 11. (1) The air waybill or the cargo receipt shall be _prima facie evidence of the conclusion of the_ contract, of the acceptance of the cargo and of the conditions of carriage mentioned therein. (2) Any statements in the air waybill or the cargo receipt relating to the weight, dimensions and packing of the cargo, as well as those relating to the number of packages, are prima facie evidence of the facts stated therein; those relating to the quantity, volume and condition of the cargo do not constitute evidence against the carrier except so far as they both have been, and are stated in the air waybill or the cargo receipt to have been, checked by it in the presence of the consignor, or relate to the apparent condition of the cargo. 12. (1) Subject to its liability to carry out all its obligations under the contract of carriage, the consignor has the right to dispose of the cargo by withdrawing it at the airport of departure or destination, or by stopping it in the course of the journey on any landing, or by calling for it to be delivered at the place of destination or in the course of the journey to a person other than the consignee originally designated, or by requiring it to be returned to the airport of departure. The consignor shall not exercise this right of disposition in such a way as to prejudice the carrier or other consignors and shall reimburse any expenses occasioned by the exercise of this right. (2) If it is impossible to carry out the instructions of the consignor, the carrier shall so inform the consignor forthwith. (3) If the carrier carries out the instructions of the consignor for the disposition of the cargo without requiring the production of the part of the air waybill or the cargo receipt delivered to the latter, the carrier shall be liable, without prejudice to its right of recovery from the consignor, for any damage which may be caused thereby to any person who is lawfully in possession of that part of the air waybill or the cargo receipt. (4) The right conferred on the consignor ceases at the moment when that of the consignee begins in accordance with rule 13. Nevertheless, if the consignee declines to accept the cargo, or cannot be communicated with, the consignor shall resume its right of disposition. 13. (1) Except when the consignor has exercised its right under rule 12, the consignee shall be entitled, on arrival of the cargo at the place of destination, to require the carrier to deliver the cargo to it, on payment of the charges due and on complying with the conditions of carriage. (2) Unless it is otherwise agreed, it shall be the duty of the carrier to give notice to the consignee as soon as the cargo arrives. (3) If the carrier admits the loss of the cargo, or if the cargo has not arrived at the expiration of seven days after the date on which it ought to have arrived, the consignee shall be entitled to enforce against the carrier the rights which flow from the contract of carriage. 14. The consignor and the consignee may respectively enforce all the rights given to them by rules 12 and 13, each in its own name, whether it is acting in its own interest or in the interest of another, provided that it carries out the obligations imposed by the contract of carriage. 15. (1) The provisions of rules 12, 13 and 14 shall not affect either the relations of the consignor and the consignee with each other or the mutual relations of third parties whose rights are derived either from the consignor or from the consignee. (2) The provisions of rules 12, 13 and 14 shall be varied only by express provision in the air waybill or the cargo receipt. 22 ----- 16. (1) The consignor shall furnish such information and such documents as are necessary to meet the formalities of customs, police and any other public authorities before the cargo can be delivered to the consignee. The consignor shall be liable to the carrier for any damage occasioned by the absence, insufficiency or irregularity of any such information or documents, unless the damage is due to the fault of the carrier, its servants or agents. (2) The carrier shall be under no obligation to enquire into the correctness or sufficiency of such information or documents. CHAPTER III LIABILITY OF THE CARRIER AND EXTENT OF COMPENSATION FOR DAMAGES 17. (1) The carrier shall be liable for damages sustained in case of death or bodily injury of a passenger upon condition only that the accident which caused the death or injury took place on board the aircraft or in the course of any of the operations of embarking or disembarking. (2) The carrier shall be liable for damages sustained in case of destruction or loss of, or of damage to checked baggage upon condition only that the event which caused the destruction, loss or damage took place on board the aircraft or during any period within which the checked baggage was in the charge of the carrier. However, the carrier shall not be liable if and to the extent that the damage resulted from the inherent defect, quality or vice of the baggage. In the case of unchecked baggage, including personal items, the carrier is liable if the damage has resulted from its fault or that of its servants or agents. (3) If the carrier admits the loss of the checked baggage, or if the checked baggage has not arrived at the expiration of twenty-one days after the date on which it ought to have arrived, the passenger shall be entitled to enforce against the carrier the rights which flow from the contract of carriage. 18. (1) The carrier shall be liable for damages sustained in the event of the destruction or loss of, or damage to, cargo upon condition only that the event which caused the damage so sustained took place during the carriage by air. (2) However, the carrier shall not be liable if and to the extent it proves that the destruction, or loss of, or damage to, the cargo resulted from one or more of the following:— (a) inherent defect, quality or vice of that cargo; (b) defective packing of that cargo performed by a person other than the carrier or its servants or agents; (c) an act of war or an armed conflict; and (d) an act of public authority carried out in connection with the entry, exit or transit of the cargo. (3) The carriage by air within the meaning of sub-rule (1) comprises the period during which the cargo is in charge of the carrier. (4) The period of the carriage by air shall not extend to any carriage by land, by sea or by inland waterway performed outside an airport. If, however, such carriage takes place in the performance of a contract for carriage by air, for the purpose of loading, delivery or transhipment, any damage is presumed, subject to proof to the contrary, to have been the result of an event which took place during the carriage by air. If a carrier, without the consent of the consignor, substitutes carriage by another mode of transport for the whole or part of a carriage intended by the agreement between the parties to be carriage by air, such carriage by another mode of transport is deemed to be within the period of carriage by air. 19. The carrier shall be liable for damage occasioned by delay in the carriage by air of passengers, baggage or cargo. Nevertheless, the carrier shall not be liable for damage occasioned by delay if it proves that it and its servants and agents took all measures that could reasonably be required to avoid the damage or that it was impossible for it or them to take such measures. 20. If the carrier proves that the damages was caused or contributed to by the negligence or other wrongful act or omission of the person claiming compensation, or the person from whom he or she derives his or her rights, the carrier shall be wholly or partly exonerated from its liability to the claimant 23 ----- to the extent that such negligence or wrongful act or omission caused or contributed to the damage. When by reason of death or injury of a passenger compensation is claimed by a person other than the passenger, the carrier shall likewise be wholly or partly exonerated from its liability to the extent that it proves that the damage was caused or contributed to by the negligence or other wrongful act or omission of that passenger. This rule applies to all the liability provisions of these rules, including sub-rule (1) of rule 21. 21. (1) For damages arising under sub-rule (1) of rule 17 not exceeding one lakh Special Drawing Rights for each passenger, the carrier shall not be able to exclude or limit its liability. (2) The carrier shall not be liable for damages arising under sub-rule (1) of rule 17 to the extent that they exceed for each passenger one lakh Special Drawing Rights if the carrier proves that— (a) such damage was not due to the negligence or other wrongful act or omission of the carrier or its servants or agents; or (b) such damage was solely due to the negligence or other wrongful act or omission of a third party. 22. (1) In the case of damage caused by delay as specified in rule 19 in the carriage of persons, the liability of the carrier for each passenger is limited to four thousand one hundred and fifty Special Drawing Rights. (2) In the carriage of baggage, the liability of the carrier in the case of destruction, loss, damage or delay shall be limited to one thousand Special Drawing Rights for each passenger unless the passenger has made, at the time when the checked baggage was handed over to the carrier, a special declaration of interest in delivery at destination and has paid a supplementary sum, if so required. In that case, the carrier shall be liable to pay a sum not exceeding the declared sum, unless it proves that the sum is greater than the passenger's actual interest in delivery at destination. (3) In the carriage of cargo, the liability of the carrier in the case of destruction, loss, damage or delay is limited to a sum of seventeen Special Drawing Rights per kilogramme, unless the consignor has made, at the time when the package was handed over to the carrier, a special declaration of interest in delivery at destination and has paid a supplementary sum, if so required. In that case, the carrier shall be liable to pay a sum not exceeding the declared sum, unless it proves that the sum is greater than the consignor's actual interest in delivery at destination. (4) In the case of delay, destruction, loss or damage of part of the cargo, or of any object contained therein, the weight to be taken into consideration in determining the amount to which the carrier's liability is limited shall be only the total weight of the package or packages concerned. Nevertheless, when the delay, destruction, loss or damage of a part of the cargo, or of an object contained therein, affects the value of other packages covered by the same air waybill, or the same receipt or, if they were not issued, by the same record preserved by other means referred to in sub-rule (2) of rule 4, the total weight of such package or packages shall also be taken into consideration in determining the limit of liability. (5) The provisions of sub-rules (1) and (2) shall not apply if it is proved that the damage resulted from an act or omission of the carrier, its servants or agents, done with intent to cause damage or recklessly and with knowledge that damage would probably result: Provided that, in the case of such act or omission of a servant or agent, it is also proved that such servant or agent was acting within the scope of its employment. (6) The limits prescribed in rule 21 and in this rule shall not prevent the court from awarding, in accordance with its own law, in addition, the whole or part of the court costs and of the other expenses of the litigation incurred by the plaintiff, including interest. The foregoing provision shall not apply if the amount of the damages awarded, excluding court costs and other expenses of the litigation, does not exceed the sum which the carrier has offered in writing to the plaintiff within a period of six months from the date of the occurrence causing the damage, or before the commencement of the action, if that is later. 23. The sums mentioned in terms of Special Drawing Right in these rules shall be deemed to refer to the Special Drawing Right as defined by the International Monetary Fund and its conversion into national currencies shall, in case of judicial proceedings, be made in accordance with the method of valuation 24 ----- applied by the International Monetary Fund, in effect at the date of the judgment, for its operations and transactions. 24. (1) Without prejudice to the provisions of rule 25 and subject to sub-rule (2), the limits of liability prescribed in rules 21, 22 and 23 shall be reviewed by the depository at five-year intervals, the first such review to take place at the end of the fifth year following the date of coming into force of these rules. The measure of the rate of inflation to be used in determining the inflation factor shall be the weighted average of the annual rates of increase or decrease in the Consumer Price Indices of the States whose currencies comprise the Special Drawing Right mentioned in rule 23. (2) If the review referred to in sub-rule (1) concludes that the inflation factor has exceeded ten per cent., the depositary shall notify State Parties of a revision of the limits of liability. Any such revision shall become effective six months after its notification to the State Parties. If within three months after its notification to the State Parties, a majority of the State Parties register their disapproval, the revision shall not become effective and the depositary shall refer the matter to a meeting of the State Parties. The depositary shall immediately notify all States Parties about the coming into force of any revision. (3) Notwithstanding anything contained in sub-rule (1), the procedure referred to in sub-rule (2) shall be applied at any time provided that one-third of the State Parties express a desire to that effect and upon condition that the inflation factor referred to in sub-rule (1) has exceeded thirty per cent.since the previous revision or since the date of entry into force of the Montreal Convention if there has been no previous revision. Subsequent reviews using the procedure specified in sub-rule (1) shall take place at five-year intervals starting at the end of the fifth year following the date of the reviews under the provisions of this sub-rule. 25. A carrier may stipulate that the contract of carriage shall be subject to higher limits of liability than those provided for in these rules or to no limits of liability whatsover. 26. Any provision tending to relieve the carrier of liability or to fix a lower limit than that which is laid down in these rules shall be null and void, but the nullity of any such provision does not involve the nullity of the whole contract, which shall remain subject to the provisions of these rules. 27. Nothing contained in these rules shall prevent the carrier from refusing to enter into any contract of carriage, from waiving any defence available in these rules, or from laying down conditions, which are not contrary to the provisions of these rules. 28. Notwithstanding anything contained in any other law for the time being in force, where the aircraft accident results in death or injury of passengers, the carrier shall make advance payments without delay to a natural person or persons who are entitled to claim compensation in order to meet the immediate economic needs of such persons. Such advance payments shall not constitute a recognition of liability and may be offset against any amounts subsequently paid as damages by the carrier. 29. In the carriage of passengers, baggage and cargo, any action for damages, however founded, whether under these rules or in contract or in tort or otherwise, can only be brought subject to the conditions and such limits of liability as are set out in these rules without prejudice to the question as to who are the persons who have the right to bring suit and what are their respective rights. In any such action, punitive, exemplary or any other non-compensatory damages shall not be recoverable. 30. (1) If an action is brought against a servant or agent of the carrier arising out of damage to which these rules relate, such servant or agent, if they prove that they acted within the scope of their employment, shall be entitled to avail themselves of the conditions and limits of liability which the carrier itself is entitled to invoke under these rules. (2) The aggregate of the amounts recoverable from the carrier, its servants and agents, in that case, shall not exceed the said limits. (3) Except in respect of the carriage of cargo, the provisions of sub-rules (1) and (2) shall not apply if it is proved that the damage resulted from an act or omission of the servant or agent done with intent to cause damage or recklessly and with the knowledge that damage would probably result. 25 ----- 31. (1) Receipt by the person entitled to delivery of checked baggage or cargo without complaint is _prima facie evidence that the same has been delivered in good condition and in accordance with the_ document of carriage or with the record preserved by the other means referred to in sub-rule (2) of rule 3 and sub-rule (2) of rule 4. (2) In the case of damage, the person entitled to delivery shall make a complaint to the carrier forthwith after the discovery of the damage, and, at the latest, within seven days from the date of receipt in the case of checked baggage and fourteen days from the date of receipt in the case of cargo. In the case of delay, the complaint shall be made at the latest within twenty-one days from the date on which the baggage or cargo have been placed at his disposal. (3) Every complaint shall be made in writing and given or dispatched within the period specified in sub-rule (2). (4) If no complaint is made within the period specified in sub-rule (2), no action shall lie against the carrier, except in the case of fraud committed by the carrier. 32. In the case of the death of the person liable, an action for damages lies in accordance with these rules against those legally representing his or her estate. 33. (1) An action for damages shall be brought, at the option of the claimant of damages, in the territory of one of the State Parties, either before the court of the domicile of the carrier or of its principal place of business, or where it has a place of business through which the contract has been made or before the court at the place of destination. (2) In respect of damage resulting from the death or injury of a passenger, an action may be brought before one of the courts mentioned in sub-rule (1), or in the territory of a State Party in which at the time of the accident the passenger has his or her principal and permanent residence and to or from which the carrier operates services for the carriage of passengers by air, either on its own aircraft, or on another carrier's aircraft pursuant to a commercial agreement, and in which that carrier conducts its business of carriage of passengers by air from premises leased or owned by the carrier itself or by another carrier with which it has a commercial agreement. (3) For the purposes of sub-rule (2)— (a) “commercial agreement” means an agreement, other than an agency agreement, made between carriers and relating to the provision of their joint services for carriage of passengers by air; (b) “principal and permanent residence” means the one fixed and permanent abode of the passenger at the time of the accident. The nationality of the passenger shall not be the determining factor in this regard. (4) Questions of procedure shall be governed by the law of the court seized of the case. 34.(1) Subject to the provisions of this rule, the parties to the contract of carriage for cargo may stipulate that any dispute relating to the liability of the carrier under these rules shall be settled by arbitration. Such agreement shall be in writing. (2) The arbitration proceedings shall, at the option of the claimant, take place within one of the jurisdictions referred to in rule 33. (3) The arbitrator or arbitration tribunal shall apply the provisions of these rules. (4) The provisions of sub-rules (2) and (3) shall be deemed to be part of every arbitration clause or agreement, and any term of such clause or agreement which is inconsistent therewith shall be null and void. 35. (1) The right to damages shall be extinguished if an action is not brought within a period of two years, reckoned from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped. (2) The method of calculating the period shall be determined by the law of the court seized of the case. 26 ----- 36. (1) In the case of carriage to be performed by various successive carriers and falling within the definition set out in sub-rule (4) of rule 1, each carrier which accepts passengers, baggage or cargo shall be subject to the provisions of these rules and shall be deemed to be one of the parties to the contract of carriage in so far as the contract deals with that part of the carriage which is performed under its supervision. (2) In the case of carriage of this nature, the passenger or any person entitled to compensation shall be entitled to take action only against the carrier which performed the carriage during which the accident or the delay occurred, except where, by express agreement, the first carrier has assumed liability for the whole journey. (3) In respect of baggage or cargo, the passenger or consignor shall have a right of action against the first carrier, and the passenger or consignee who is entitled to delivery shall have a right of action against the last carrier, and further, each may take action against the carrier which performed the carriage during which the delay, destruction, loss or damage took place. These carriers shall be jointly and severally liable to the passenger or to the consignor or consignee. 37. Nothing in these rules shall prejudicially affect the right of a person liable for damages to take recourse against any other person. CHAPTER IV COMBINED CARRIAGE 38. (1) In the case of combined carriage performed partly by air and partly by any other mode of carriage, the provisions of these rules shall, subject to the provisions of sub-rule (4) of rule 18, apply only to the carriage by air, provided that the carriage by air falls within the meaning of rule 1. (2) Nothing in these rules shall prevent the parties in the case of combined carriage from inserting in the document of air carriage conditions relating to other modes of carriage, provided that the provisions of these rules are observed with regard to carriage by air. CHAPTER V CARRIAGE BY AIR PERORMED BY A PERSON OTHER THAN THE CONTRACTING CARRIER 39. The provisions of this Chapter shall apply when a person (hereinafter referred to as the contracting carrier) as a principal makes a contract of carriage under these rules with a passenger or consignor or with a person acting on behalf of the passenger or consignor, and another person (hereinafter referred to as the actual carrier) performs, by virtue of authority from the contracting carrier, the whole or part of the carriage, but is not with respect to such part, a successive carrier within the meaning of these rules. Such authority shall be presumed in the absence of proof to the contrary. 40. If an actual carrier performs the whole or part of carriage which, according to the contract referred to in rule 39, is governed by these rules, both the contracting carrier and the actual carrier shall, except as otherwise provided in this Chapter, be subject to the provisions of these rules, the former for the whole of the carriage contemplated in the contract, the latter solely for the carriage which it performs. 41.(1) The acts and omissions of the actual carrier and of its servants and agents acting within the scope of their employment shall, in relation to the carriage performed by the actual carrier, be deemed to be also those of the contracting carrier. (2) The acts and omissions of the contracting carrier and of its servants and agents acting within the scope of their employment shall, in relation to the carriage performed by the actual carrier, be deemed to be also those of the actual carrier. Nevertheless, no such act or omission shall subject the actual carrier to liability exceeding the amounts referred to in rules 21, 22, 23 and 24. Any special agreement under which the contracting carrier assumes obligations not imposed by the provisions of these rules or any waiver of rights or defences conferred by the provisions of these rules or any special declaration of interest in delivery at destination contemplated in rule 22 shall not affect the actual carrier unless agreed to by it. 42. Any complaint to be made or instruction to be given under the provisions of these rules to the carrier shall have the same effect whether addressed to the contracting carrier or to the actual carrier. 27 ----- Nevertheless, instructions referred to in rule 12 shall only be effective if addressed to the contracting carrier. 43. In relation to the carriage performed by the actual carrier, any servant or agent of that carrier or of the contracting carrier shall, if they prove that they acted within the scope of their employment, be entitled to avail themselves of the conditions and limits of liability which are applicable under the provisions of these rules to the carrier whose servant or agent they are, unless it is proved that they acted in a manner that prevents the limits of liability from being invoked in accordance with the provisions of these rules. 44. In relation to the carriage performed by the actual carrier, the aggregate of the amounts recoverable from that carrier and the contracting carrier, and from their servants and agents acting within the scope of their employment, shall not exceed the highest amount which shall be awarded against either the contracting carrier or the actual carrier under the provisions of these rules, but none of the persons mentioned shall be liable for a sum in excess of the limit applicable to that person. 45. In relation to the carriage performed by the actual carrier, an action for damages may be brought, at the option of the complainant, against that carrier or the contracting carrier, or against both together or separately. If the action is brought against only one of these carriers, that carrier shall have the right to require the other carrier to be joined in the proceedings, the procedure and effects being governed by the law of the court seized of the case. 46. Any action for damages contemplated in rule 45 must be brought, at the option of the complainant, in the territory of one of the State Parties, either before a court in which an action may be brought against the contracting carrier, as provided under rule 33, or before the court having jurisdiction at the place where the actual carrier has its domicile or its principal place of business. 47. Any contractual provision tending to relieve the contracting carrier or the actual carrier of liability under this Chapter or to fix a lower limit than that which is applicable according to this Chapter shall be null and void, but the nullity of any such provision does not involve the nullity of the whole contract, which shall remain subject to the provisions of this Chapter. 48. Except as provided in rule 45, nothing in this Chapter shall affect the rights and obligations of the carriers between themselves, including any right of recourse or indemnification. CHAPTER VI GENERAL AND FINAL PROVISIONS 49. Any clause contained in the contract of carriage and all special agreements entered into before the damage occurred by which the parties purport to infringe the rules laid down by these rules, whether by deciding the law to be applied, or by altering the rules as to jurisdiction, shall be null and void. 50. State Parties shall require their carriers to maintain adequate insurance covering their liability under the provisions of these rules. A carrier may be required to furnish evidence that it maintains adequate insurance covering its liability under the provisions of these rules. 51. The provisions of rules 3, 4, 5, 7 and 8 relating to the documentation of carriage shall not apply in the case of carriage performed in extraordinary circumstances outside the normal scope of a carrier’s business. 52. The expression “days” when used in this Schedule means calendar days and not working days. 28 ----- ANNEXURE [See sub-section (2) of section 3, sub-section (2) of section 4 and sub-section (2) of section 4A] PART-I Sl. No. High Contracting Parties to Convention Date of enforcement of Convention (1) (2) (3) 1. Afghanistan 21st May, 1969 2. Algeria 31st August, 1964 3. Angola 8th June, 1998 4. Argentina 19th June, 1952 5. Armenia 23rd February, 1999 6. Australia 30th October, 1935 7. Austria 27th December, 1961 8. Azerbaijan 23rd April, 2000 9. Bahamas 10th July, 1973 10 Bahrain 10th June, 1998 11. Bangladesh 26th March, 1971 12. Barbados 30th November, 1966 13. Belarus 25th December, 1959 14. Belgium 11th October, 1936 15. Benin 1st August, 1960 16. Bolivia 29th March, 1999 17. Bosnia and Herzegovina 6th March, 1992 18. Botswana 30th September, 1966 19. Brazil 13th February, 1933 20. Brunei Darussalam 1st January, 1984 21. Bulgaria 23rd September, 1949 22. Burkina Faso 9th March, 1962 23. Cambodia 12th March, 1997 24. Cameroon 1st January, 1960 25. Canada 8th September, 1947 26. Cape Verde 8th May, 2002 27. Chile 31st May, 1979 28. China 18th October, 1958 29. Colombia 13th November, 1966 30. Comoros 9th September, 1991 29 ----- Sl. No. High Contracting Parties to Convention Date of enforcement of Convention (1) (2) (3) 31. Congo 15th August, 1960 32. Costa Rica 8th August, 1984 33. Cote d’Ivoire 7th August, 1960 34. Croatia 8th October, 1991 35. Cuba 19th October, 1964 36. Cyprus 16th August, 1960 37. Czech Republic 1st January, 1993 38. Democratic People’s 30th May, 1961 Republic of Korea Democratic Republic of the 39. 30th June, 1960 Congo 40. Denmark 1st October, 1937 41. Dominican Republic 25th May, 1972 42. Ecuador 1st March, 1970 43. Egypt 5th December, 1955 44. El Salvador 45. Equatorial Guinea 19th March, 1989 46. Estonia 14th June, 1998 47. Ethiopia 12th November, 1950 48. Fiji 10th October, 1970 49. Finland 1st October, 1937 50. France 13th February, 1933 51. Gabon 16th May, 1969 52. Germany 29th December, 1933 53. Ghana 9th November, 1997 54. Greece 11th April, 1938 55. Grenada 56. Guatemala 4th May, 1997 57. Guinea 10th December, 1961 58. Honduras 25th September, 1994 59. Hungary 27th August, 1936 60. Iceland 19th November, 1948 61. India 15th August, 1947 30 ----- Sl. No. High Contracting Parties to Convention Date of enforcement of Convention (1) (2) (3) 62. Indonesia 17th August, 1945 63. Iran (Islamic Republic of) 6th October, 1975 64. Iraq 26th September, 1972 65. Ireland 19th December, 1935 66. Israel 6th January, 1950 67. Italy 15th May, 1933 68. Japan 18th August, 1953 69. Jordan 25th May, 1946 70. Kazakhstan 71. Kenya 12th December, 1963 72. Kuwait 9th November, 1975 73. Kyrgyzstan 9th May, 2000 Lao People’s Democratic 74. 19th July, 1949 Republic 75. Latvia 13th February, 1933 76. Lebanon 22nd November, 1943 77. Lesotho 4th October, 1966 78. Liberia 31st July, 1942 79. Libyan Arab Jamahiriya 14th August, 1969 80. Liechtenstein 7th August, 1934 81. Lithuania 82. Luxembourg 5th January, 1950 83. Madagascar 26th June, 1960 84. Malawi 25th January, 1978 85. Malaysia 16th September, 1963 86. Maldives 11th January, 1996 87. Mali 26th April, 1961 88. Malta 21st September, 1964 89. Mauritania 4th November, 1962 90. Mauritius 15th January, 1990 91. Mexico 15th May, 1933 92. Monaco 93. Mongolia 29th July, 1962 31 ----- Sl. No. High Contracting Parties to Convention Date of enforcement of Convention (1) (2) (3) 94. Morocco 5th April, 1958 95. Myanmar 4th January, 1948 96. Nauru 31st January, 1968 97. Nepal 13th May, 1966 98. Netherlands 29th September, 1933 99. New Zealand 5th July, 1937 100. Niger 3rd August, 1960 101. Nigeria 1st October, 1960 102. Norway 1st October, 1937 103. Oman 4th November, 1976 104. Pakistan 14th August, 1947 105. Panama 10th February, 1997 106. Papua New Guinea 16th September, 1975 107. Paraguay 26th November, 1969 108. Peru 3rd October, 1998 109. Philippines 7th February, 1991 110. Poland 13th February, 1933 111. Portugal 18th June, 1947 112. Qatar 22nd March, 1987 113. Republic of Korea 114. Republic of Moldova 19th June, 1997 115. Romania 13th February, 1933 116. Russian Federation 18th November, 1934 117. Rwanda 1st July, 1962 Saint Vincent and the 118. 27th October, 1979 Grenadines 119. Samona 1st January, 1962 120. Saudi Arabia 27th April, 1969 121. Senegal 17th September, 1964 122. Serbia and Montenegro 27th April, 1992 123. Seychelles 22nd September, 1980 124. Sierra Leone 27th April, 1961 125. Singapore 3rd December, 1971 32 ----- Sl. No. High Contracting Parties to Convention Date of enforcement of Convention (1) (2) (3) 126. Slovakia 1st January, 1993 127. Slovenia 25th June, 1991 128. Solomon Islands 7th July, 1978 129. South Africa 22nd March, 1955 130. Spain 13th February, 1933 131. Sri lanka 4th February, 1948 132. Sudan 12th May, 1975 133. Suriname 28th September, 2003 134. Swaziland 135. Sweden 1st October, 1937 136. Switzerland 7th August, 1934 137. Syrian Arab Republic 2nd March, 1959 138. The former Yugoslav 17th September, 1991 Republic of Macedonia 139. Togo 30th September, 1980 140. Tonga 4th June, 1970 141. Trinidad and Tobago 31st August, 1962 142. Tunisia 13th February, 1964 143. Turkey 23rd June, 1978 144. Turkmenistan 20th March, 1995 145. Uganda 22nd October, 1963 146. Ukraine 12th November, 1959 147. United Arab Emirates 3rd July, 1986 148. United Kingdom 15th May, 1933 149. United Kingdom for the 3rd March, 1935 following territories: - Bermuda - British Antarctic Territory -Cayman, Turks, and Calcos Islands -Akrotiri and Dhekelia -Falkland Islands and Dependencies -Hong Kong -Monsserrat St. Helena and Ascension 150. United Republic of Tanzania 6th July, 1965 151. United States 29th October, 1934 152. Uruguay 2nd October, 1979 33 ----- Sl. No. High Contracting Parties to Convention Date of enforcement of Convention (1) (2) (3) 153. Uzbekistan 28th May, 1997 154. Vanuatu 24th January, 1982 155. Venezuela 13th September, 1955 156. Vietnam 9th January, 1983 157. Yemen 4th August, 1982 158. Zambia 24th October, 1964 159. Zimbabwe 18th April, 1980 PART-II Sl. No. High Contracting Parties to Convention Date of enforcement of Convention (1) (2) (3) 1. Afghanistan 21st May, 1969 2. Algeria 31st August, 1964 3. Angola 8th June, 1998 4. Argentina 10th September, 1969 5. Australia 1st August, 1963 6. Austria 24th June, 1971 7. Azerbaijan 23rd April, 2000 8. Bahamas 10th July, 1973 9. Bahrain 10th June, 1998 10. Bangladesh 26th March, 1971 11. Belarus 1st August, 1963 12. Belgium 25th November, 1963 13. Benin 1st August, 1963 14. Bosnia and herzegovina 6th March, 1992 15. Brazil 14th September, 1964 16. Bulgaria 13th March, 1964 17. Cambodia 12th March, 1997 18. Cameroon 1st August, 1963 19. Canada 17th July, 1964 20. Cape Verde 8th May, 2002 21. Chile 31st May, 1979 22. China 18th November, 1975 23. Colombia 13th November, 1966 24. Congo 1st August, 1963 25. Costa Rica 8th August, 1984 34 ----- Sl. No. High Contracting Parties to Convention Date of enforcement of Convention (1) (2) (3) 26. Cote d’Ivoire 1st August, 1963 27. Croatia 8th October, 1991 28. Cuba 28th November, 1965 29. Cyprus 21st October, 1970 30. Czech Republic 1st January, 1993 31. Democratic People's Republic of Korea 2nd February, 1981 32. Denmark 1st August, 1963 33. Dominican Republic 25th May, 1972 34. Ecuador 1st March, 1970 35. Egypt 1st August, 1963 36. El Salvador 1st August, 1963 37. Estonia 14th June, 1998 38. Fiji 10th October, 1970 39. Finland 23rd August, 1977 40. France 1st August, 1963 41. Gabon 16th May, 1969 42. Germany 1st August, 1963 43. Ghana 9th November, 1997 44. Greece 21st September, 1965 45. Grenada 13th November, 1985 46. Guatemala 26th October, 1971 47. Guinea 7th January, 1991 48. Hungary 1st August, 1963 49. Iceland 1st August, 1963 50. India 15th May, 1973 51. Iran (Islamic Republic of) 6th October, 1975 52. Iraq 1st August, 1963 53. Ireland 1st August, 1963 54. Israel 3rd November, 1964 55. Italy 2nd August, 1963 56. Japan 8th November, 1967 57. Jordan 13th February, 1974 35 ----- Sl. No. High Contracting Parties to Convention Date of enforcement of Convention (1) (2) (3) 58. Kazakhstan 28th November, 2002 59. Kenya 4th October, 1999 60. Kuwait 9th November, 1975 61. Kyrgyzstan 9th May, 2000 62. Lao People’s Democratic Republic 1st August, 1963 63. Latvia 31st December, 1998 64. Lebanon 8th August, 1978 65. Lesotho 15th January, 1976 66. Libyan Arab Jamahiriya 14th August, 1969 67. Liechtenstein 3rd April, 1966 68. Lithuania 19th February, 1997 69. Luxembourg 1st August, 1963 70. Madagascar 1st August, 1963 71. Malawi 7th September, 1971 72. Malaysia 19th December, 1974 73. Maldives 11th January, 1996 74. Mali 29th March, 1964 75. Mauritius 15th January, 1990 76. Mexico 1st August, 1963 77. Monaco 8th July, 1979 78. Morocco 15th February, 1976 79. Nauru 31st January, 1968 80. Nepal 13th May, 1966 81. Netherlands 1st August, 1963 82. New Zealand 14th June, 1967 83. Niger 1st August, 1963 84. Nigeria 29th September, 1969 85. Norway 1st August, 1963 86. Oman 2nd November, 1987 87. Pakistan 1st August, 1963 88. Panama 10th February, 1997 89. Papua New Guinea 16th September, 1975 90. Paraguay 26th November, 1969 91. Peru 3rd October, 1988 36 ----- Sl. No. High Contracting Parties to Convention Date of enforcement of Convention (1) (2) (3) Philippines 28th February, 1967 92. Poland 1st August, 1963 93. Portugal 15th December, 1963 94. Qatar 22nd March, 1987 95. Republic of Korea 11th October, 1967 96. Republic of Moldova 19th June, 1997 97. 98. Romania 1st August, 1963 99. Russian Federation 1st August, 1963 100. Rwanda 27th March, 1991 101. Saint Vincent and 3rd March, 2002 the Grenadines 102 Samona 14th January, 1973 103. Saudi Arabia 27th April, 1969 104. Senegal 17th September, 1964 105. Serbia and Montenegro 27th April, 1992 106. Seychelles 22nd September, 1980 107. Singapore 4th February, 1968 108. Slovakia 1st January, 1993 109. Slovenia 25th June, 1991 110. Solomon Islands 7th July, 1978 111. South Africa 17th December, 1967 112. Spain 6th March, 1966 113. Sri Lanka 25th May, 1997 114. Sudan 12th May, 1975 115. Suriname 17th January, 2005 116. Swaziland 18th October, 1978 117. Sweden 1st August, 1963 118. Switzerland 1st August, 1963 119. Syrian Arab Republic 1st August, 1963 120. The former Yugoslav Republic 17th September, 1991 of Macedonia 121. Togo 30th September, 1980 122. Tonga 22nd May, 1977 123. Trinidad and Tobago 8th August, 1983 124. Tunisia 13th February, 1964 125. Turkey 23rd June, 1978 126. Ukraine 1st August, 1963 127. United Arab Emirates 16th January, 1994 128. United Kingdom 1st June, 1967 129. United Kingdom for the 1st June, 1967 following territories: - Bermuda - British Antarctic Territory - Cayman, Turks, and Calcos Islands 37 ----- Sl. No. High Contracting Parties to Convention Date of enforcement of Convention (1) (2) (3) 130. United States 14th December, 2003 131. Uzbekistan 28th May, 1997 132. Vanuatu 24th January, 1982 133. Venezuela 1st August, 1963 134. Vietnam 9th January, 1983 135. Yemen 4th August, 1982 136. Zambia 23rd June, 1970 137. Zimbabwe 25th January, 1981 PART-III Sl. No State Parties Date of enforcement (1) (2) (3) 1. Albania 19th December, 2004 2. Austria 28th June, 2004 3. Bahrain 4th November, 2003 4. Barbados 4th November, 2003 5. Belgium 28th June, 2004 6. Belize 4th November, 2003 7. Benin 29th May, 2004 8. Botswana 4th November, 2003 9. Bulgaria 9th January, 2004 10. Cameroon 4th November, 2003 11. Canada 4th November, 2003 12. Cape Verde 22nd October, 2004 13. China 31st July, 2005 14. Colombia 4th November, 2003 15. Cuba 13th December, 2005 16. Cyprus 4th November, 2003 17. Czech Republic 4th November, 2003 18. Denmark 28th June, 2004 19. Egypt 25th April, 2005 20. Estonia 4th November, 2003 21. Finland 28th June, 2004 22. France 28th June, 2004 38 ----- Sl. No State Parties Date of enforcement (1) (2) (3) 23. Gambia 9th May, 2004 24. Germany 28th June, 2004 25. Greece 4th November, 2003 26. Hungary 7th January, 2005 27. Iceland 16th August, 2004 28. Ireland 28th June, 2004 29. Italy 28th June, 2004 30. Japan 4th November, 2003 31. Jordan 4th November, 2003 32. Kenya 4th November, 2003 33. Kuwait 4th November, 2003 34. Latvia 15th February, 2005 35. Lebanon 14th May, 2005 36. Lithuania 29th January, 2005 37. Luxembourg 28th June, 2004 38. Maldives 30th December, 2005 39. Malta 4th July, 2004 40. Mexico 4th November, 2003 41. Monaco 17th October, 2004 42. Mongolia 4th December, 2004 43. Namibia 4th November, 2003 44. Netherlands 28th June, 2004 45. New Zealand 4th November, 2003 46. Nigeria 4th November, 2003 47. Norway 28th June, 2004 48. Panama 4th November, 2003 49. Paraguay 4th November, 2003 50. Peru 4th November, 2003 51. Portugal 4th November, 2003 52. Qatar 14th January, 2005 53. Romania 4th November, 2003 54. Saint Vincent and the Grenadines 28th May, 2004 55. Saudi Arabia 14th December, 2003 56. Slovakia 4th November, 2003 39 ----- Sl. No State Parties Date of enforcement (1) (2) (3) 57. Slovenia 4th November, 2003 58. Spain 28th June, 2004 59. Sweden 28th June, 2004 60. Switzerland 5th September, 2005 61. Syrian Arab Republic 4th November, 2003 62. The Former Yugoslav Republic of Macedonia 4th November, 2003 63. Tonga 19th January, 2004 64. United Arab Emirates 4th November, 2003 65. United Kingdom 28th June, 2004 66. United Republic of Tanzania 4th November, 2003 67. United States 4th November, 2003 68. Vanuatu 8th January, 2006 69. European Community 28th June, 2004.] 40 -----

30-Dec-1972

78

The Richardson and Cruddas Limited (Acquisition and Transfer of Undertaking) Act, 1972

https://www.indiacode.nic.in/bitstream/123456789/1738/1/197278.pdf

central

# THE RICHARDSON AND CRUDDAS LIMITED (ACQUISITION AND TRANSFER OF UNDERTAKING) ACT, 1972 _______ ARRANGEMENT OF SECTIONS ________ PART I ACQUISITION AND TRANSFER OF THE UNDERTAKING OF RICHARDSON AND CRUDDAS LIMITED CHAPTER I.—PRELIMINARY SECTIONS 1. Short title. 2. Definitions. CHAPTER II.—ACQUISITION OF THE UNDERTAKING OF THE RICHARDSON AND CRUDDAS LIMITED 3. Undertaking of the old company to vest in the Central Government. 4. General effect of meeting. 5. Duty to deliver possession of property acquired and documents relating thereto. 6. Duty to furnish particulars. 7. Transfer of employees of the old company. 8. Payment of amount. CHAPTER III.—MANAGEMENT AND ADMINISTRATION OF THE NEW COMPANY 9. Formation and registration of a new company. CHAPTER IV.—MANAGEMENT OF THE OLD COMPANY 10. Management of the old company. 11. Custodian to be public servant. 12. Vacation of office by directors, etc., of the old company. PART II RECTIFICATION OF THE REGISTER OF MEMBERS OF THE OLD COMPANY CHAPTER I.—CONSTITUTION OF A TRIBUNAL 13. Constitution of a Tribunal. CHAPTER II.—POWERS AND DUTIES OF THE TRIBUNAL 14. Tribunal to call upon persons to make claims. 15. Determination of genuine shares. 16. No compensation for cancellation of spurious shares. 17. Power of Tribunal to entertain and dispose of claims for reimbursement. 18. Suits and legal proceedings, not to be commenced or proceeded with. 19. Decision of the Tribunal to be final. 1 ----- SECTIONS CHAPTER III.—DUTY OF CUSTODIAN TO RECONSTRUCT REGISTER OF MEMBERS OF THE OLD COMPANY 20. Custodian to reconstruct register of members of the old company. 21. Custodian to issue fresh share certificates. 22. No annual general meeting of the old company to be held before the reconstruction of the register of members. 23. Custodian to file accounts until reconstruction of the register of members of the old company. PART III OFFENCES AND THEIR TRIAL 24. Penalties. 25. Offences by companies. 26. Offences to be triable by a Magistrate of the first class and not to be compoundable. PART IV MISCELLANEOUS 27. Protection of action taken in good faith. 28. Contracts, etc., in bad faith may be cancelled or varied. 29. Power to terminate contract of employment. 30. Power to remove difficulty. 31. Power to make rules. 2 ----- # THE RICHARDSON AND CRUDDAS LIMITED (ACQUISITION AND TRANSFER OF UNDERTAKING) ACT, 1972 ACT NO. 78 OF 1972 [30th December, 1972.] # An Act to provide for the acquisition and transfer of the undertaking of the Richardson and Cruddas Limited, for the reconstruction of the register of its members and for matters connected therewith or incidental thereto. WHEREAS the Richardson and Cruddas Limited, a company formed and registered under the Indian Companies Act, 1913 (7 of 1913), is engaged in the production of goods needed by the defence establishments, railways, steel plants and power projects; AND WHEREAS the mismanagement of the said company by its erstwhile managing agents and Board of Directors had seriously affected the production and supply of goods by the said company; AND WHEREAS it is not possible for the said company to provide for its proper management by a duly constituted Board of Directors in view of the existence of a large number of duplicate shares in the capital of the said company; AND WHEREAS for ensuring, in the interests of the community, the continuity of production and supply of goods by the said company, it is expedient in the public interest to acquire the undertaking of the said company; BE it enacted by Parliament in the Twenty-third Year of the Republic of India as follows:— PART I ACQUISITION AND TRANSFER OF THE UNDERTAKING OF RICHARDSON AND CRUDDAS LIMITED CHAPTER I.—PRELIMINARY **1. Short title.—This Act may be called the Richardson and Cruddas Limited (Acquisition and** Transfer of Undertaking) Act, 1972. **2. Definitions.—(1) In this Act, unless the context otherwise requires,—** (a) “appointed day” means such date[1] as the Central Government may, by notification, appoint; (b) “Custodian” means the person who is appointed, under section 10, as the Custodian of the old company; (c) “Nationalised Bank” means a corresponding new bank as defined in the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970); (d) “new company” means the Government company, formed and registered under the Companies Act, 1956 (1 of 1956), in pursuance of the provisions of section 9; (e) “notification” means a notification published in the Official Gazette; (f) “old company” means the Richardson and Cruddas Limited, a company formed and registered under the Indian Companies Act, 1913 (7 of 1913) and having its registered office in the State of West Bengal; (g) “prescribed” means prescribed by rules made under this Act; (h) “scheduled bank” has the meaning assigned to it in the Reserve Bank of India Act, 1934 (2 of 1934), and includes a Nationalised Bank; (i) “share” means a share in the capital of the old company; (j) “Tribunal” means the Tribunal constituted under section 13. 1. 31st March, 1973, vide notification No. G.S.R. 165(E), dated 12th March, 1973, see Gazette of India, Extraordinary, Part II, sec. 3(i). 3 ----- (2) Words and expressions used herein and not defined but defined in the Companies Act, 1956 (1 of 1956), have, save as otherwise expressly provided in this Act, the meanings respectively assigned to them in that Act. CHAPTER II.—ACQUISITION OF THE UNDERTAKING OF THE RICHARDSON AND CRUDDAS LIMITED **3. Undertaking of the old company to vest in the Central Government.—On the appointed day,** the undertaking of the old company shall stand transferred to, and vest in, the Central Government, and that Government shall, immediately thereafter, provide, by notification, for the transfer to, and vesting in, of such undertaking in the new company. **4. General effect of meeting.—(1) The undertaking of the old company shall be deemed to include** all assets, rights, powers, authorities and privileges and all property, movable and immovable, cash balances, reserve funds, investments and all other rights and interests in, or arising out of, such property as were immediately before the appointed day in the ownership, possession, power or control of the old company in relation to the undertaking, whether within or without India, and all books of account, registers (other than register of members and documents relating thereto), records and all other documents of whatever nature relating thereto and shall also be deemed to include all borrowings, liabilities and obligations of whatever kind then subsisting of the old company in relation to the undertaking. (2) Unless otherwise expressly provided by 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 which relate to the undertaking of the old company, shall be of as full force and effect in favour of the Central Government, and on the transfer of such undertaking to the new company, of such new company and may be enforced or acted upon as fully and effectively as if they had related to the Central Government or the new company, as the case may be. (3) (a) If, on the appointed day, a proceeding instituted by the old company in relation to the undertaking referred to in section 3 is pending, such proceeding may, as from that day, be continued by the Central Government or, on the transfer of the undertaking to the new company, by the new company. (b) If, on the appointed day, any cause of action is existing against the old company in relation to the undertaking referred to in section 3, such cause of action may, as from that day, be enforced against the Central Government or, on the transfer of the undertaking to the new company, against the new company. (c) Save as otherwise provided in clauses (a) and (b), no suit, proceeding or cause of action by or against the old company shall be continued or enforced by or against the Central Government or the new company. **5. Duty to deliver possession of property acquired and documents relating thereto.—(1) Where** any property has vested in the Central Government under section 3, every person in whose possession or custody or under whose control the property may be, shall deliver the property to the Central Government forthwith. (2) Any person who, on the appointed day, has in his possession or under his control any books, documents or other papers relating to the undertaking which has vested in the Central Government under this Act and which belong to the old company, or, would have so belonged if the undertaking of the old company had not vested in the Central Government, shall be liable to account for the said books, documents or other papers to the Central Government and, on the transfer of such undertaking to the new company, to that company, and shall deliver them up to the Central Government or the new company, as the case may be, or to such other person as the Central Government or the new company may specify in this behalf. (3) The Central Government may take, or cause to be taken, all necessary steps for securing possession of all properties which have vested in that Government under section 3. **6. Duty to furnish particulars.—(1) The old company shall, within such period as the Central** Government may allow in this behalf, furnish to that Government, and the new company, a complete inventory of all the properties and assets (including particulars of investments) of the old company on the appointed day, all liabilities and obligations of the old company subsisting on that day and also all 4 ----- agreements entered into by the old company and in force on that day including agreements, whether express or implied, relating to leave, pension, gratuity and other terms of service of any officer or other employee of the old company under which, by virtue of this Act, the Central Government has, or will have, or may have, the liabilities and, for this purpose, the Central Government and the new company shall afford the old company all reasonable facilities. (2) The old company shall, if required by the Central Government or new company so to do, furnish such returns or information relating to the undertaking referred to in section 3, or, any person employed by the old company for the purpose of such undertaking, as may be specified in such requisition. **7. Transfer of employees of the old company.—(1) Every officer or other employee of the old** company (except a director or any managerial personnel specified in section 197A of the Companies Act, 1956 (1 of 1956), or any other person entitled to manage the whole or a substantial part of the business of the old company under a special agreement with that company) in the employment of the old company immediately before the appointed day shall, in so far as such officer or other employee is employed in connection with the affairs of the undertaking of the old company, become, as from the appointed day, an officer or other employee, as the case may be, of the Central Government and, on the transfer of such undertaking to the new company, of that company, and shall hold his office on the same terms and conditions and with the same rights to pension, gratuity and other matters as would have been admissible to him if the undertaking of the old company had not been transferred to and vested in the Central Government or the new company, and continue to do so unless and until his employment in the Central Government or the new company is duly terminated for until the remuneration, terms or conditions of service are duly altered by the Central Government or the new company, as the case may be: Provided that if the alteration so made is not acceptable to any officer or other employee, his employment shall be terminated on payment to him by the Central Government or the new company, as the case may be, of an amount equivalent to three months’ remuneration in the case of permanent employees and one month’s remuneration in the case of other employees: Provided further that nothing contained in this sub-section shall apply to any officer or other employee who has, by notice in writing given to the Central Government or the new company, within thirty days next following the appointed day, intimated his intention of not becoming an officer or other employee of the Central Government or the new company, as the case may be. (2) For the persons, who, immediately before the appointed day, were the trustees for any pension, provident fund, gratuity or other like fund constituted for the officers or other employees of the old company, there shall be substituted as trustees such persons as the Central Government or the new company may, by general or special order, specify. (3) 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 employee from the old company to the Central Government or the new company shall not entitle such officer or other employee to any compensation under that Act or other law, and no such claim shall be entertained by any court, tribunal or other authority. **8. Payment of amount.—(1) For the transfer, under section 3, of the undertaking of the old company** to the Central Government, there shall be paid by the Central Government to the Custodian an amount of rupees thirty lakhs. (2) The Custodian shall open an account in the name of the old company in any scheduled bank and credit the said amount to the said account and hold the said amount in trust for and on behalf of the old company. CHAPTER III.—MANAGEMENT AND ADMINISTRATION OF THE NEW COMPANY **9. Formation and registration of a new company.—For the efficient management and** administration of the undertaking which will vest in the Central Government under section 3, there shall be formed and registered, before the appointed day, a Government company, with the name “Richardson and Cruddas (1972) Limited”, in accordance with the provisions of the Companies Act, 1956 (1 of 1956). 5 ----- CHAPTER IV.—MANAGEMENT OF THE OLD COMPANY **10. Management of the old company.—(1) The affairs of the old company shall be managed by a** Custodian to be appointed by the Central Government in this behalf: Provided that the Central Government may, if the Custodian declines to become, or to continue to function as, the Custodian or if it is of opinion that it is necessary in the interests of the old company so to do, appoint any other person as the Custodian of the old company. (2) The Custodian appointed under sub-section (1) shall receive, from the funds of the old company, such emoluments as the Central Government may specify in this behalf. (3) The Custodian shall hold office during the pleasure of the Central Government. **11. Custodian to be public servant.—The Custodian shall be a public servant within the meaning of** section 21 of the Indian Penal Code (45 of 1860). **12. Vacation of office by directors, etc., of the old company.—(1) On the appointment of a** Custodian, every person holding office, immediately before such appointment, as director or manager of the old company shall, notwithstanding anything contained in any other law for the time being in force or in any decree or order of any court or tribunal, vacate such office. (2) The Custodian shall receive the sum referred to in section 8 and shall deal with the said sum for meeting any liability which is incurred by the old company after the appointed day, and the balance, if any, left after meeting the said liability, in accordance with the wishes of the members of the old company, expressed in a general meeting convened by the Custodian, and the provisions of the Companies Act, 1956 (1 of 1956), shall, so far as may be, apply to such meeting. (3) The Custodian may, if the members of the old company so desire, distribute the balance referred to in sub-section (2) amongst such members in accordance with their rights and interests and thereafter apply to the Court for the winding up of the old company by the Court. PART II RECTIFICATION OF THE REGISTER OF MEMBERS OF THE OLD COMPANY CHAPTER I.—CONSTITUTION OF A TRIBUNAL **13. Constitution of a Tribunal.—(1) For the purpose of rectification of the register of members of** the old company, the Central Government shall, by notification, constitute a Tribunal consisting of one person who is or has been a Judge of a High Court. (2) If, for any reason, a vacancy (other than a temporary absence) occurs in the office of the presiding officer of the Tribunal, the Central Government shall appoint another person, in accordance with the provisions of this section, to fill the vacancy and the proceedings may be continued before the Tribunal from the stage at which the vacancy is filled. (3) The Central Government shall make available to the Tribunal such staff as may be necessary for the discharge of its functions under this Act. (4) All expenses incurred in connection with the Tribunal shall be defrayed out of the Consolidated Fund of India. (5) The Tribunal shall have power to regulate its own procedure in all matters arising out of the discharge of its functions including the place or places at which it shall hold its sittings: Provided that the Tribunal shall, as far as practicable, follow the procedure laid down in the Code of Civil Procedure, 1908 (5 of 1908), for the investigation of claims and the decision of the Tribunal shall be final. (6) The Tribunal shall, for the purpose of making an inquiry under this Act, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit, in respect of the following matters, namely:— (a) the summoning and enforcing the attendance of any witness and examining him on oath, 6 ----- (b) the discovery and production of any document or other material producible as evidence, (c) the reception of evidence on affidavits, (d) the requisitioning of any public record from any Court or office, (e) issue of any commission for the examination of witnesses. (7) Any proceeding before the Tribunal shall be deemed to be a judicial proceeding within the meaning of section 193 of the Indian Penal Code (45 of 1860), and the Tribunal shall be deemed to be a civil court for the purpose of section 195 and Chapter XXXV of the Code of Criminal Procedure, 1898 (5 of 1898). CHAPTER II.—POWERS AND DUTIES OF THE TRIBUNAL **14. Tribunal to call upon persons to make claims.—(1) The Tribunal shall, by notification and in** such other manner as may be prescribed, call upon every person, who claims to have any interest in any share, to prefer his claim within thirty days from such date as may be specified in the notification. (2) Every person claiming an interest in any share shall make his claim before the Tribunal in such form as may be prescribed, stating therein the rights claimed by him in the share and the manner in which, and the date on which, such right was acquired by him. (3) The Tribunal may, if it is satisfied that any claimant had sufficient cause for not preferring the claim within thirty days from the date specified in the notification, admit such claim within a further period of thirty days. **15. Determination of genuine shares.—The Tribunal shall, after taking such evidence as may be** adduced before it and after making such inquiry as it may think fit and after hearing such persons as may desire to be heard, determine which of the documents purporting to be shares represent, in reality, a contribution to the capital of the old company, and on such determination, all other documents purporting to be shares shall stand declared to be spurious and shall stand cancelled. **16. No compensation for cancellation of spurious shares.—(1) No holder of a document purporting** to be a share shall be entitled to claim either from the Central Government or from the old or new company any damages for the cancellation of such document by virtue of the provisions of section 15. (2) Subject to the provisions of sub-section (1), every person who had acquired a document, purporting to be a share, _bona fide for value without notice of the fact that it did not represent any_ contribution to the capital of the old company, shall be entitled to claim reimbursement from the person from whom such document was acquired by him, and, the period of limitation for any action for such reimbursement shall be deemed to commence on the date on which the document held by him as a share stands cancelled under section 15. **17. Power of Tribunal to entertain and dispose of claims for reimbursement.—(1) The Tribunal** shall have jurisdiction to entertain and dispose of any claim for reimbursement referred to in sub-section (2) of section 16. (2) Every such claim shall be made before the Tribunal within thirty days from the date on which the document purporting to be a share stands cancelled under section 15. **18. Suits and legal proceedings, not to be commenced or proceeded with.—(1) On and from the** date on which the Tribunal is constituted, no suit or other legal proceeding shall be commenced, or if pending at the date of such constitution, shall be proceeded with, against the old company except with the leave of the Tribunal and subject to such terms as the Tribunal may impose. (2) Save as otherwise provided in this Act, the Tribunal shall have, and no court or other tribunal shall have, jurisdiction to entertain or dispose of— (a) any suit or proceeding by, or on behalf of, or against, the old company; (b) any claim made by, or on behalf of, or against, the old company; 7 ----- (c) any question of priorities and any other question whatsoever, whether of law or of fact, which may relate to, or arise in relation to, the genuineness or otherwise of, any share or in relation to any rights or obligations under such share, whether such suit or proceeding has been instituted, or is instituted, or such claim or question has arisen or arises before or after the constitution of the Tribunal. (3) If, on the appointed day, any suit, appeal or other proceeding of whatever nature by or against the old company in relation to any business of that company is pending in any court, such suit, appeal or other proceeding shall, notwithstanding anything contained in any other law for the time being in force or in any contract, stand transferred to, and shall be disposed of by, the Tribunal and thereupon no other court or tribunal shall have jurisdiction to try such suit, appeal or proceeding. _Explanation.—A suit or other proceeding relating to the title to, or claim in or in relation to, any share_ or any document purporting to be a share shall be deemed to be a suit or other proceeding relating to the business of the old company. (4) Nothing in sub-section (1) or sub-section (3) shall apply to any petition or appeal arising out of any petition made under article 32, article 226 or article 227 of the Constitution. **19. Decision of the Tribunal to be final.—Every decision, under this Act, of the Tribunal shall be** final and shall not be called in question in any court except by way of a petition under article 32 or article 226 of the Constitution. CHAPTER III.—DUTY OF CUSTODIAN TO RECONSTRUCT REGISTER OF MEMBERS OF THE OLD COMPANY **20. Custodian to reconstruct register of members of the old company.—(1) The Custodian shall** reconstruct the register of members of the old company and shall include therein the names of the holders of the shares which have been declared by the Tribunal as representing, in reality, a contribution to the capital of the old company and strike off from the register of members of the old company the names of the holders of the documents purporting to be shares which stand, by reason of the determination made by the Tribunal under section 15, cancelled. (2) On and from the date of reconstruction of the register of members of the old Company,— (a) the register, as so reconstructed, shall be deemed to be the register of members of the old company, and (b) all registers of members maintained by the old company, immediately before the said date, shall stand cancelled. **21. Custodian to issue fresh share certificates.—(1) The Custodian shall issue, in such form as may** be prescribed, fresh share certificate in relation to the shares which have been declared by the Tribunal as representing, in reality, a contribution to the capital of the old company. (2) All share certificates issued by the old company before the date of the determination made by the Tribunal shall, on and from such determination, stand cancelled. **22. No annual general meeting of the old company to be held before the reconstruction of the** **register** **of** **members.—(1)** Nothwithstanding anything contained in the Companies Act, 1956 (1 of 1956), or any other law for the time being in force, no annual or other general meeting of the old company shall be held until the reconstruction of the register of members of the old company has been completed in accordance with the provisions of this Act. (2) No resolution purported to have been passed at any meeting of the members of the old company shall, until the reconstruction of its register of members, have effect. **23. Custodian to file accounts until reconstruction of the register of members of the old** **company.—(1) Until the register of members of the old company is finally reconstructed, the Custodian** shall file every year with the Registrar, the annual accounts of the old company. (2) The provisions of the Companies Act, 1956 (1 of 1956), shall, as far as may be, apply to the annual accounts referred to in sub-section (1). 8 ----- PART III OFFENCES AND THEIR TRIAL **24. Penalties.—(1) Any person who,—** (a) having in his possession, custody or control any property forming part of the undertaking which has vested in the Central Government under section 3, wrongfully withholds such property from the Central Government or new company, or (b) wrongfully obtains possession of any property forming part of such undertaking, or (c) being required by sub-section (2) of section 5 so to do, wilfully withholds or fails to furnish to the Central Government, new company or any other person specified by that Government or the new company, any document which may be in his possession, custody or control, or (d) wilfully fails to furnish an inventory as required by section 6, or furnishes an inventory containing any particulars which are incorrect or false in material particulars and which he either knows or believes to be false or does not believe to be true, or (e) being required by the Central Government or the new company in writing so to do, fails to furnish any return, statement or other information relating to the undertaking of the old company which has vested in the Central Government under section 3, or (f) makes a false or frivolous claim before the Tribunal with regard to the ownership of, or any right in, any share, or (g) fails to comply with any order of direction made under this Act, shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to ten thousand rupees, or with both: Provided that the court trying any offence under clause (a), clause (b) or clause (c) of this sub-section may, at the time of convicting the accused person, order him to deliver up or refund, within a period to be fixed by the court, any property or money wrongfully withheld or wrongfully obtained or any document wilfully withheld or not furnished. (2) No court shall take cognizance of an offence punishable under this section except with the previous sanction of the Central Government or an officer authorised by that Government in this behalf. **25. Offences by companies.—(1) Where an offence under this Act has been committed by a** company, every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to punishment if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where any 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, 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.—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. 9 ----- **26. Offences to be triable by a Magistrate of the first class and not to be** **compoundable.—Notwithstanding** anything contained in the Code of Criminal Procedure, 1898 (5 of 1898),— (a) every offence against this Act shall be triable by a Magistrate of the first class, and (b) no offence against this Act shall be compoundable. PART IV MISCELLANEOUS **27. Protection of action taken in good faith.—(1) No suit, prosecution or other legal proceeding** shall lie against the Custodian in respect of 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 the Custodian or the new company 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. **28. Contracts, etc., in bad faith may be cancelled or varied.—(1) If the Central Government is** satisfied, after such inquiry as it thinks fit, that any contract or agreement entered into at any time within twelve months immediately preceding the appointed day, between the old company and any other person has been entered into in bad faith and is detrimental to the interests of the old company or of the new company, it may make an order cancelling or varying (either unconditionally or subject to such conditions as it may think fit to impose) the contract or agreement and thereafter the contract or agreement shall have effect accordingly: Provided that no contract or agreement shall be cancelled or varied except after giving to the parties to the contract or agreement a reasonable opportunity of being heard. (2) Any person aggrieved by an order made under sub-section (1) may make an application to the Tribunal for the variation or reversal of such order and thereupon the Tribunal may confirm, modify or reverse such order. **29. Power to terminate contract of employment.—If the Custodian is of opinion that any contract** of employment entered into by or on behalf of the old company at any time before the appointed day is unduly onerous, he may, by giving to the employee one month’s notice in writing or the salary or wages for one month in lieu thereof, terminate such contract of employment. **30. Power to remove difficulty.—If any difficulty arises in giving effect to the provisions of this** Act, the Central Government may, by order, not inconsistent with the provisions of this Act, remove the difficulty: Provided that no such order shall be made after the expiry of a period of two years from the commencement of this Act. **31. Power 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 power, such rules may provide for all or any of the following matters, namely:— (a) the form and manner in which every claim shall be preferred before the Tribunal; (b) the form in which fresh shares shall be issued by the Custodian; (c) any other matter which is required to be, or may be, prescribed. (3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately 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 -----

13-Mar-1973

02

The Diplomatic and Consular Officers (Oaths and Fees) (Extension to Jammu and Kashmir) Act, 1973

https://www.indiacode.nic.in/bitstream/123456789/1465/1/a1973-02.pdf

central

# THE DIPLOMATIC AND CONSULAR OFFICERS (OATHS AND FEES) (EXTENSION TO JAMMU AND KASHMIR) ACT, 1973 _________ ARRANGEMENT OF SECTIONS _________ # SECTIONS 1. Short title and commencement. 2. Extension of Act 41 of 1948. 3. [Repealed.]. ----- # THE DIPLOMATIC AND CONSULAR OFFICERS (OATHS AND FEES) (EXTENSION TO JAMMU AND KASHMIR) ACT, 1973 # ACT NO. 2 OF 1973 [13th March, 1973.] # An Act to provide for the extension of the Diplomatic and Consular Officers (Oaths and Fees) Act, 1948 to the State of Jammu and Kashmir*. BE it enacted by Parliament in the Twenty-fourth Year of the Republic of India as follows:— **1. Short title and commencement.—(1) This Act may be called the Diplomatic and Consular** Officers (Oaths and Fees) (Extension to Jammu and Kashmir) Act, 1973. (2) It shall come into force at once. **2. Extension of Act 41 of 1948.—The Diplomatic and Consular Officers (Oaths and Fees) Act, 1948** (hereinafter referred to as the principal Act) is hereby extended to, and shall come into force in, and in relation to, the State of Jammu and Kashmir* and accordingly,— (a) the provisions of the principal Act and the rules made thereunder shall apply to and in relation to the State of Jammu and Kashmir* as they apply to and in relation to any other State; (b) clause (d) of section 2 of the principal Act shall be omitted. **3. [Amendment of section 8.] Rep. by the Repealing and Amending Act, 1978 (38 of 1978), s. 2 and** _the First Schedule (w.e.f. 26-11-1978)._ *. 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-Apr-1973

18

The Delhi School Education Act, 1973

https://www.indiacode.nic.in/bitstream/123456789/1456/1/197318.pdf

central

# THE DELHI SCHOOL EDUCATION ACT, 1973 _________ # ARRANGEMENT OF SECTIONS __________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. CHAPTER II ESTABLISHMENT, RECOGNITION, MANAGEMENT OF, AND AID TO, SCHOOLS 3. Power of Administrator to regulate education in schools. 4. Recognition of schools. 5. Scheme of management. 6. Aid to recognised schools. CHAPTER III SCHOOL PROPERTY 7. School property. CHAPTER IV TERMS AND CONDITIONS OF SERVICE OF EMPLOYEES OF RECOGNISED PRIVATE SCHOOLS 8. Terms and conditions of service of employees of recognised private schools. 9. Employees to be governed by a Code of Conduct. 10. Salaries of employees 11. Tribunal. 12. Chapter not to apply to unaided minority school. CHAPTER V PROVISIONS APPLICABLE TO UNAIDED MINORITY SCHOOLS 13. Power to prescribe minimum qualifications for recruitment. 14. Power to prescribe Code of Conduct. 15. Contract of service. CHAPTER VI ADMISSION TO SCHOOLS AND FEES 16. Admission to recognised schools. 17. Fees and other charges. 18. School Fund. 19. Affiliations. CHAPTER VII TAKING OVER THE MANAGEMENT OF SCHOOLS 20. Taking over the management of schools. 21. Section 20 not to apply to minority schools. ----- CHAPTER VIII MISCELLANEOUS SECTIONS 22. Delhi Schools Education Advisory Board. 23. Delegation of powers. 24. Inspection of schools. 25. Jurisdiction of civil courts barred. 26. Protection of action taken in good faith. 27. Liability of manager to punishment. 28. Power to make rules. 29. Power to remove difficulties. ----- # THE DELHI SCHOOL EDUCATION ACT, 1973 # ACT NO. 18 OF 1973 [9th April, 1973.] # An Act to provide for better organisation and development of school education in the Union territory of Delhi and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Twenty-fourth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title, extent and commencement.—(1) This Act may be called the Delhi School Education** Act, 1973. (2) It extends to the whole of the Union territory of Delhi. (3) It shall come into force on such date as the Administrator may, by notification, appoint and different dates[1] may be appointed for different provisions of this Act, and any reference to the commencement of this Act in relation to any provision thereof shall be construed as a reference to the date on which that provision comes into force. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “Administrator” means the Administrator of the Union territory of Delhi appointed by the President under article 239 of the Constitution; (b) “Advisory Board” means the Board referred to in section 22; (c) “aid” means any aid granted to a recognised school by the Central Government, Administrator, a local authority or any other authority designated by the Central Government, Administrator or a local authority; (d) “aided school” means a recognised private school which is receiving aid in the form of maintenance grant from the Central Government, Administrator or a local authority or any other authority designated by the Central Government, Administrator or a local authority; (e) “appropriate authority” means,— (i) in the case of a school recognised or to be recognised by an authority designated or sponsored by the Central Government, that authority; (ii) in the case of a school recognised or to be recognised by the Delhi Administration, the Administrator or any other officer authorised by him in this behalf; (iii) in the case of a school recognised or to be recognised by the Municipal Corporation of Delhi, that Corporation; (iv) in the case of any other school, the Administrator or any other officer authorised by him in this behalf; (f) “Delhi” means the Union territory of Delhi; (g) “Director” means the Director of Education, Delhi, and includes any other officer authorised by him to perform all or any of the functions of the Director under this Act; (h) “employee” means a teacher and includes every other employee working in a recognised school; 1. 28th April, 1973, _vide notification of the Delhi Administration in the Education Deptt. No. F. 5/15/72-Education_ dated 28th April, 1973, in respect of the provisions except Chapters II to V (both inclusive), sections 16, 17, 18, 22 and 27). 31st December, 1973, vide notification No. F. 5/15/72-Education (i), dated 31st December, 1973, Delhi Gazette, Extraordinary, Pt. IV, dated 31st December, 1973, in respect of Chapters II to V (both inclusive), sections, 16, 17, 18, 22 and 27, ----- (i) “existing employee” means an employee of an existing school who is employed in such school immediately before the commencement of this Act, and includes an employee who was employed in such school for a period of not less than twelve months immediately preceding the 2nd day of September, 1972; (j) “existing school” means a recognised private school which is in existence at the commencement of this Act; (k) “Head of school” means the principal academic officer, by whatever name called, of a recognised school; (l) “local authority” means,— (i) in relation to an area within the local limits of the Municipal Corporation of Delhi, that Corporation; (ii) in relation to an area within the local limits of the New Delhi Municipal Committee, that Committee; (iii) in relation to an area within the local limits of the Delhi Cantonment Board, that Board; (m) “manager”, in relation to a school, means the person, by whatever name called, who is entrusted, either on the date on which this Act comes into force or, as the case may be, under a scheme of management made under section 5, with the management of the affairs of that school; (n) “managing committee” means the body of individuals who are entrusted with the management of any recognised private school; (o) “minority school” means a school established and administered by a minority having the right to do so under clause (1) of article 30 of the Constitution; (p) “notification” means a notification published in the Official Gazette; (q) “prescribed” means prescribed by rules made under this Act; (r) “private school” means a school which is not run by the Central Government, Administrator, a local authority or any other authority designated or sponsored by the Central Government, Administrator or a local authority; (s) “public examination” means an examination conducted by the Central Board of Secondary Education, Council for Indian School Certificate Examinations or any other Board which may hereafter be established for the purpose, and recognised by the Administrator or any other officer authorised by him in this behalf; (t) “recognised school” means a school recognised by the appropriate authority; (u) “school” includes a pre-primary, primary, middle and higher secondary school, and also includes any other institution which imparts education or training below the degree level, but does not include an institution which imparts technical education; (v) “school property” means all movable and immovable property belonging to, or in the possession of, the school and all other rights and interests in, or arising out of, such property, and includes land, building and its appurtenances, playgrounds, hostels, furniture, books, apparatus, maps, equipment, utensils, cash, reserve funds investments and bank balances; (w) “teacher” includes the Head of a school; (x) “unaided minority school” means a recognised minority school which does not receive any aid. CHAPTER II ESTABLISHMENT, RECOGNITION, MANAGEMENT OF, AND AID TO, SCHOOLS **3. Power of Administrator to regulate education in schools.—(1) The Administrator may regulate** education in all the schools in Delhi in accordance with the provisions of this Act and the rules made thereunder. ----- (2) The Administrator may establish and maintain any school in Delhi or may permit any person or local authority to establish and maintain any school in Delhi, subject to compliance with the provisions of this Act and the rules made thereunder. (3) On and from the commencement of this Act and subject to the provisions of clause (1) of article 30 of the Constitution, the establishment of a new school or the opening of a higher class or the closing down of an existing class in any existing school in Delhi shall be subject to the provisions of this Act and the rules made thereunder and any school or higher class established or opened otherwise than in accordance with the provisions of this Act shall not be recognised by the appropriate authority. **4. Recognition of schools.—(1) The appropriate authority may, on an application made to it in the** prescribed form and in the prescribed manner, recognise any private school: Provided that no school shall be recognised unless— (a) it has adequate funds to ensure its financial stability and regular payment of salary and allowances to its employees; (b) it has a duly approved scheme of management as required by section 5; (c) it has suitable or adequate accommodation and sanitary facilities having regard, among other factors, to the number, age and sex of the pupils attending it; (d) it provides for approved courses of study and efficient instruction; (e) it has teachers with prescribed qualifications; and (f) it has the prescribed facilities for physical education, library service, laboratory work, workshop practice or co-curricular activities. (2) Every application for recognition of a school shall be entertained and considered by the appropriate authority and the decision thereon shall be communicated to the applicant within a period of four months from the date of the receipt of the application; and where recognition is not granted, the reasons for not granting such recognition shall also be communicated to the applicant within the said period. (3) Where recognition to a school is refused, any person aggrieved by such refusal may, within thirty days from the date of communication to him, of such refusal, appeal against such refusal, in the prescribed manner, to the prescribed authority and the decision of the prescribed authority thereon shall be final: Provided that the prescribed authority may, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within the said period of thirty days, extend, for reasons to be recorded by it in writing, the said period by a further period of sixty days. (4) Where the managing committee of a school obtains recognition by fraud, misrepresentation or suppression of material particulars, or where, after obtaining recognition, the school fails to continue to comply with any of the conditions specified in the proviso to sub-section (1), the authority granting the recognition may, after giving the managing committee of the school a reasonable opportunity of showing cause against the proposed action, withdraw the recognition granted to such school under sub-section (1). (5) The recognition granted under sub-section (1) shall not, by itself, entitle any school to receive aid. (6) Every existing school shall be deemed to have been recognised under this section and shall be subject to the provisions of this Act and the rules made thereunder: Provided that where any such school does not satisfy any of the conditions specified in the proviso to sub-section (1), the prescribed authority may require the school to satisfy such conditions and such other conditions as may be prescribed, within a specified period and if any such condition is not satisfied, recognition may be withdrawn from such school. ----- (7) Every school, whose recognition is withdrawn under sub-section (4) or sub-section (6), may appeal to the prescribed authority, who shall dispose of the appeal within six months from the date of presentation of the appeal in such manner as may be prescribed, and if the appeal is not disposed of within that period, the order for the withdrawal of recognition shall, on the expiry of the said period of six months, stand cancelled. (8) On hearing an appeal preferred under sub-section (3) or sub-section (7), the prescribed authority may, after giving the appellant a reasonable opportunity of being heard, confirm, modify or reverse the order appealed against. **5. Scheme of management.—(1) Notwithstanding anything contained in any other law for the time** being in force or in any instrument having effect by virtue of any such law, the managing committee of every recognised school shall make, in accordance with the rules made under this Act and with the previous approval of the appropriate authority, a scheme of management for such school: Provided that in the case of a recognised private school which does not receive any aid, the scheme of management shall apply with such variations and modifications as may be prescribed: Provided further that so much of this sub-section as relates to the previous approval of the appropriate authority, shall not apply to a scheme of management for an unaided minority school. (2) A scheme may be made, in like manner, to add to, vary or modify any scheme made under sub-section (1). **6. Aid to recognised schools.—(1) The Central Government may, after due appropriation made by** Parliament by law in this behalf and subject to such conditions as may be prescribed, pay to the Administrator, for distribution of aid to recognised private schools, not being primary schools recognised by a local authority, such sums of money as that Government may consider necessary: Provided that no existing school receiving, immediately before the commencement of this Act, aid shall be eligible for the continuance of such aid unless it complies, within such period as may be specified by the Director, with the conditions specified in the proviso to sub-section (1) of section 4. (2) The authority competent to grant the aid may stop, reduce or suspend aid for violation of any of the conditions prescribed in this behalf. (3) The aid may cover such part of the expenditure of the school as may be prescribed. (4) No payment, out of the aid given for salary, allowances and provident fund of employees of the school, shall be made for any other purpose. (5) No aid shall be given to a school the management of which has been taken over under section 20. (6) No unrecognised school shall be eligible to receive any aid or any benefit made available to private schools by the Administrator or any agency of the Administrator. CHAPTER III SCHOOL PROPERTY **7. School property.—(1) The management of every aided school shall furnish to the appropriate** authority, initially, at the time of grant of aid and thereafter annually, a statement containing a list of school property together with such particulars as may be prescribed. (2) Notwithstanding anything contained in any other law for the time being in force, no transfer, mortgage or lease of any movable or immovable property of an aided school, not being the property specified in the rules, shall be made except with the previous permission of the appropriate authority: Provided that where the appropriate authority omits or fails to dispose of the application for such permission within sixty days from the date of receipt of the application in this behalf, the permission shall, on the expiry of the said period of sixty days, be deemed to have been granted. ----- (3) Any person aggrieved by the grant or refusal of permission under sub-section (2) may prefer, in such form and within such time as may be prescribed, appeal to the Administrator against such grant or refusal of permission and the decision of the Administrator thereon shall be final. (4) Any transaction made in contravention of the provisions of sub-section (2), or, as the case may be, decision of the Administrator, shall be void. CHAPTER IV TERMS AND CONDITIONS OF SERVICE OF EMPLOYEES OF RECOGNISED PRIVATE SCHOOLS **8. Terms and conditions of service of employees of recognised private schools.—(1) The** Administrator may make rules regulating the minimum qualifications for recruitment, and the conditions of service, of employees of recognised private schools: Provided that neither the salary nor the rights in respect of leave of absence, age of retirement and pension of an employee in the employment of an existing school at the commencement of this Act shall be varied to the disadvantage of such employee: Provided further that every such employee shall be entitled to opt for terms and conditions of service as they were applicable to him immediately before the commencement of this Act. (2) Subject to any rule that may be made in this behalf, no employee of a recognised private school shall be dismissed, removed or reduced in rank nor shall his service be otherwise terminated except with the prior approval of the Director. (3) Any employee of a recognised private school who is dismissed, removed or reduced in rank may, within three months from the date of communication to him of the order of such dismissal, removal or reduction in rank, appeal against such order to the Tribunal constituted under section 11. (4) Where the managing committee of a recognised private school intends to suspend any of its employees, such intention shall be communicated to the Director and no such suspension shall be made except with the prior approval of the Director: Provided that the managing committee may suspend an employee with immediate effect and without the prior approval of the Director if it is satisfied that such immediate suspension is necessary by reason of the gross misconduct, within the meaning of the Code of Conduct prescribed under section 9, of the employee: Provided further that no such immediate suspension shall remain in force for more than a period of fifteen days from the date of suspension unless it has been communicated to the Director and approved by him before the expiry of the said period. (5) Where the intention to suspend, or the immediate suspension of, an employee is communicated to the Director, he may, if he is satisfied that there are adequate and reasonable grounds for such suspension, accord his approval to such suspension. **9. Employees to be governed by a Code of Conduct.—Every employee of a recognised school shall** be governed by such Code of Conduct as may be prescribed and on the violation of any provision of such Code of Conduct, the employee shall be liable to such disciplinary action as may be prescribed. **10. Salaries of employees.—(1) The scales of pay and allowances, medical facilities, pension,** gratuity, provident fund and other prescribed benefits of the employees of a recognised private school shall not be less than those of the employees of the corresponding status in schools run by the appropriate authority: Provided that where the scales of pay and allowances, medical facilities, pension, gratuity, provident fund and other prescribed benefits of the employees of any recognised private school are less than those of the employees of the corresponding status in the schools run by the appropriate authority, the appropriate authority shall direct, in writing, the managing committee of such school to bring the same up to the level of those of the employees of the corresponding status in schools run by the appropriate authority: ----- Provided further that the failure to comply with such direction shall be deemed to be non-compliance with the conditions for continuing recognition of an existing school and the provisions of section 4 shall apply accordingly. (2) The managing committee of every aided school shall deposit, every month, its share towards pay and allowances, medical facilities, pension, gratuity, provident fund and other prescribed benefits with the Administrator and the Administrator shall disburse, or cause to be disbursed, within the first week of every month, the salaries and allowances to the employees of the aided schools. **11. Tribunal.—(1) The Administrator shall, by notification, constitute a Tribunal, to be known as the** “Delhi School Tribunal”, consisting of one person: Provided that no person shall be so appointed unless he has held office as a District Judge or any equivalent judicial office. (2) If any vacancy, other than a temporary absence, occurs in the office of the presiding officer of the Tribunal, the Administrator shall appoint another person, in accordance with the provisions of this section, to fill the vacancy and the proceedings may be continued before the Tribunal from the stage at which the vacancy is filled. (3) The Administrator shall make available to the Tribunal such staff as may be necessary in the discharge of its functions under this Act. (4) All expenses incurred in connection with the Tribunal shall be defrayed out of the Consolidated Fund of India. (5) The Tribunal shall have power to regulate its own procedure in all matters arising out of the discharge of its functions including the place or places at which it shall hold its sittings. (6) The Tribunal shall for the purpose of disposal of an appeal preferred under this Act have the same powers as are vested in a court of appeal by the Code of Civil Procedure, 1908 (5 of 1908) and shall also have the power to stay the operation of the order appealed against on such terms as it may think fit. **12. Chapter not to apply to unaided minority school.—Nothing contained in this Chapter shall** apply to an unaided minority school. CHAPTER V PROVISIONS APPLICABLE TO UNAIDED MINORITY SCHOOLS **13. Power to prescribe minimum qualifications for recruitment.—The Administrator may make** rules regulating the minimum qualifications for, and method of, recruitment of employees of unaided minority schools: Provided that no qualification shall be varied to the disadvantage of an existing employee of an unaided minority school. **14. Power to prescribe Code of Conduct.—Every employee of an unaided minority school shall be** governed by such Code of Conduct as may be prescribed. **15. Contract of service.—(1) The managing committee of every unaided minority school shall enter** into a written contract of service with every employee of such school: Provided that if, at the commencement of this Act, there is no written contract of service in relation to any existing employee of an unaided minority school, the managing committee of such school shall enter into such contract within a period of three months from such commencement: Provided further that no contract referred to in the foregoing proviso shall vary to the disadvantage of any existing employee the term of any contract subsisting at the commencement of this Act between him and the school. (2) A copy of every contract of service referred to in sub-section (1) shall be forwarded by the managing committee of the concerned unaided minority school to the Administrator who shall, on receipt of such copy, register it in such manner as may be prescribed. ----- (3) Every contract of service referred to in sub-section (1) shall provide for the following matters, namely:— (a) the terms and conditions of service of the employee, including the scale of pay and other allowances to which he shall be entitled; (b) the leave of absence, age of retirement, pension and gratuity, or, contributory provident fund in lieu of pension and gratuity, and medical and other benefits to which the employee shall be entitled; (c) the penalties which may be imposed on the employee for the violation of any Code of Conduct or the breach of any term of the contract entered into by him; (d) the manner in which disciplinary proceedings in relation to the employee shall be conducted and the procedure which shall be followed before any employee is dismissed, removed from service or reduced in rank; (e) arbitration of any dispute arising out of any breach of contract between the employee and the managing committee with regard to— (i) the scales of pay and other allowances, (ii) leave of absence, age of retirement, pension, gratuity, provident fund, medical and other benefits, (iii) any disciplinary action leading to the dismissal or removal from service or reduction in rank of the employee; (f) any other matter which, in the opinion of the managing committee, ought to be, or may be, specified in such contract. CHAPTER VI ADMISSION TO SCHOOLS AND FEES **16. Admission to recognised schools.—(1) A child who has not attained the age of five years, shall** not be admitted to class I, or an equivalent class or any class higher than class I, in a recognised school. (2) A student seeking admission for the first time in a recognised school in a class higher than class I shall not be admitted to that class if his age reduced by the number of years of normal school study between that class and class I or an equivalent class, falls short of five years. (3) Admission to a recognised school or to any class thereof shall be regulated by rules made in this behalf. **17. Fees and other charges.—(1) No aided school shall levy any fee or collect any other charge or** receive any other payment except those specified by the Director. (2) Every aided school having different rates of fees or other charges or different funds shall obtain prior approval of the prescribed authority before levying such fees or collecting such charges or creating such funds. (3) The manager of every recognised school shall, before the commencement of each academic session, file with the Director a full statement of the fees to be levied by such school during the ensuing academic session, and except with the prior approval of the Director, no such school shall charge, during that academic session, any fee in excess of the fee specified by its manager in the said statement. **18. School Fund.—(1) In every aided school, there shall be a fund, to be called the “School Fund”,** and there shall be credited thereto— (a) any aid granted by the Administrator, (b) income accruing to the school by way of fees, charges or other payments, and (c) any other contributions, endowments and the like. ----- (2) The School Fund and all other funds, including the Pupils’ Fund, established with the approval of the Administrator, shall be accounted for and operated in accordance with the rules made under this Act. (3) In every recognised unaided school, there shall be a fund, to be called the “Recognised Unaided School Fund”, and there shall be credited thereto income accruing to the school by way of— (a) fees, (b) any charges and payments which may be realised by the school for other specific purposes, and (c) any other contributions, endowments, gifts and the like, (4) (a) Income derived by unaided schools by way of fees shall be utilised only for such educational purposes as may be prescribed; and (b) charges and payments realised and all other contributions, endowments and gifts received by the school shall be utilised only for the specific purpose for which they were realised or received. (5) The managing committee of every recognised private school shall file every year with the Director such duly audited financial and other returns as may be prescribed, and every such return shall be audited by such authority as may be prescribed. **19. Affiliations.—(1) For the purpose of any public examination every recognised higher secondary** school shall be affiliated to one or more of the Boards or Council conducting such examination and shall fulfil the conditions specified by the Board or Council in this behalf. (2) The students of recognised higher secondary schools shall be prepared for, and presented to, the public examinations or such other form of evaluation held or made for the students of such schools. (3) The students of every recognised middle school shall be prepared for, and presented to, such public examination as may be held by the Directorate of Education, Delhi, for the students of such schools. (4) Every student of a recognised primary school shall be prepared for, and presented to, the public examination held by a local authority competent to hold such examination for the students of such schools. CHAPTER VII TAKING OVER THE MANAGEMENT OF SCHOOLS **20. Taking over the management of schools.—(1) Whenever the Administrator is satisfied that the** managing committee or manager of any school, whether recognised or not, has neglected to perform any of the duties imposed on it by or under this Act or any rule made thereunder and that it is expedient in the interests of school education to take over the management of such school, he may, after giving the managing committee or the manager of such school, a reasonable opportunity of showing cause against the proposed action, take over the management of such school for a limited period not exceeding three years: Provided that where the management of a school has been taken over for a period of three years or less, the Administrator may, if he is of opinion that in order to secure proper management of the school it is expedient that such management should continue to be in force after the expiry of the said limited period, he may, from time to time, issue directions for the continuance of such management for such period not exceeding one year at a time as he may think fit, so, however, that the total period for which such management is taken over shall not, in any case, exceed five years. (2) Whenever the management of any school is taken over under sub-section (1), every person in charge of the management of such school immediately before its management is taken over, shall deliver possession of the school property to the Administrator or any officer authorised by him in this behalf. (3) After taking over the management of any school under this section, the Administrator may arrange to manage the school through the Director or any other person authorised by the Director in this behalf (hereinafter referred to as the “authorised officer”). ----- (4) Where the management of any school has been taken over under sub-section (1), the managing committee or manager of such school may, within three months from the date of taking over, appeal to the Administrator, who may after considering the representation made by the managing committee or the manager, pass such orders, including an order for the restoration of the management or for the reduction of the period during which the management of such school shall remain vested in the Administrator, as he may deem fit. (5) Where the management of a school has been taken over under this section, the Administrator shall pay such rent as may be payable for the building of the school to the person entitled to receive it as was being paid by the managing committee or the manager immediately before the management of such school was taken over. (6) During such period as any school remains under the management of the authorised officer— (a) the service conditions, as approved by the Administrator, of the employees of the school who were in employment immediately before the date on which the management was taken over, shall not be varied to their disadvantage; (b) all educational facilities which the school had been affording immediately before such management was taken over, shall continue to be afforded; (c) the School Fund, the Pupils’ Fund and the Management Fund and any other existing fund shall continue to be available to the authorised officer for being spent for the purposes of the school; and (d) no resolution passed at any meeting of the managing committee of such school shall be given effect to unless approved by the Administrator. **21. Section 20 not to apply to minority schools.—Nothing contained in section 20 shall apply to** any minority school. CHAPTER VIII MISCELLANEOUS **22. Delhi Schools Education Advisory Board.—(1) There shall be an Advisory Board for school** education, to be called the “Delhi School Education Advisory Board” for the purpose of advising the Administrator on matters of policy relating to education in Delhi. (2) The Advisory Board shall be constituted by the Administrator and shall consist of a Chairman and fourteen other members, to be nominated by the Administrator. (3) The Advisory Board constituted under sub-section (2) shall include— (a) Heads of recognised private schools; (b) representatives of the organisations of teachers of the recognised private schools; (c) managers of the recognised private schools; (d) representatives of parents or guardians of students of recognised private schools; and (e) eminent educationists. (4) The Advisory Board shall regulate its own procedure. (5) The terms of office of every member of the Board and travelling and other allowances payable to a member of the Board shall be such as may be prescribed. **23. Delegation of powers.—(1) The Administrator may delegate all or any of his powers, duties and** functions under this Act to the Director or any other officer. (2) Every person to whom any power is delegated under sub-section (1), may exercise that power in the same manner and with the same effect as if such power had been conferred on him directly by this Act and not by way of delegation. ----- **24. Inspection of schools.—(1) Every recognised school shall be inspected at least once in each** financial year in such manner as may be prescribed. (2) The Director may also arrange special inspection of any school on such aspects of its working as may, from time to time, be considered necessary by him. (3) The Director may give directions to the manager requiring the manager to rectify any defect or deficiency found at the time of inspection or otherwise in the working of the school. (4) If the manager fails to comply with any direction given under sub-section (3), the Director may, after considering the explanation or report, if any, given or made by the manager, take such action as he may think fit, including— (a) stoppage of aid, (b) withdrawal of recognition, or (c) except in the case of a minority school, taking over of the school under section 20. **25. Jurisdiction of civil courts barred.—No civil court shall have jurisdiction in respect of any** matter in relation to which the Administrator or the Director or any other person authorised by the Administrator or Director or any other officer or authority appointed or specified by or under this Act, is empowered by or under this Act to exercise any power, and no injunction shall be granted by any civil court in respect of anything which is done or intended to be done by or under this Act. **26. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall** lie against the Administrator, Director or any other person authorised by the Administrator or Director for anything which is in good faith done or intended to be done in pursuance of this Act or any rule made thereunder. **27. Liability of manager to punishment.—If the manager of any recognised private school.—** (a) omits or fails, without any reasonable excuse, to carry out any orders made by the Tribunal, or (b) presents any student for any public examination without complying with the provisions of section 19, or (c) omits or fails to deliver any school property to the Administrator or any officer authorised by him under sub-section (2) of section 20, he shall be punished with imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both. **28. Power to make rules.—(1) The Administrator may, with the previous approval of the Central** Government, and subject to the condition of previous publication, by notification, make rules to carry out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the manner in which education may be regulated by the Administrator in Delhi; (b) the conditions which every existing school shall be required to comply; (c) establishment of a new school or the opening of a higher class or the closing down of an existing class in an existing school; (d) the form and manner in which an application for recognition of a school shall be made; (e) the facilities to be provided by a school to obtain recognition; (f) the manner in which, and the authority to which, an appeal against the refusal or withdrawal of recognition shall be made; (g) the minimum qualifications for, and method of recruitment, and the terms and conditions of service of employees; ----- (h) the authorities to be specified for the purposes of the different provisions of this Act; (i) the particulars which a scheme of management shall contain, and the manner in which such scheme shall be made; (j) variations and modifications which may be made in the scheme of management for a recognised school which does not receive any aid; (k) the conditions under which aid may be granted to recognised schools, and on the violation of which aid may be stopped, reduced or suspended; (l) the part of the expenditure of a recognised school which is to be covered by aid; (m) particulars of school property which should be furnished to the appropriate authority; (n) the form in which, and the time within which, an appeal shall be preferred to the Administrator against an order made in relation to the transfer, mortgage or lien of any school property; (o) the Code of Conduct for the employees and the disciplinary action to be taken for the violation thereof; (p) the benefits which should be granted to the employees of recognised private schools; (q) admissions to a recognised school; (r) fees and other charges which may be collected by an aided school; (s) the manner of inspection of recognised schools; (t) the term of office, travelling and other allowances payable to the members of the Advisory Board; (u) financial and other returns to be filed by the managing committee of recognised private schools, and the authority by which such returns shall be audited; (v) educational purposes for which the income derived by way of fees by recognised unaided schools shall be spent; (w) manner of accounting and operation of school funds and other funds of a recognised private school; (x) fees, not exceeding one rupee, for preferring any appeal under this Act; (y) any other matter which is to be, or may be, prescribed 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 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 annualment shall be without prejudice to the validity of anything previously done under that rule. **29. Power to remove difficulties.—If any difficulty arises in giving effect to the provisions of this** Act, the Central Government may, by order not inconsistent with the provisions of this Act, remove the difficulty: Provided that no such order shall be made after the expiry of a period of two years from the commencement of this Act. -----

26-May-1973

24

The North-Eastern Hill University Act, 1973

https://www.indiacode.nic.in/bitstream/123456789/1478/1/197324.pdf

central

# THE NORTH-EASTERN HILL UNIVERSITY ACT, 1973 ___________ ARRANGMENT OF SECTIONS __________ SECTIONS 1. Short title, extent and commencement. 2. Definitions. 3. The University. 4. Objects. 5. Powers of the University. 6. Jurisdiction. 7. University open to all classes, castes and creed. 8. Visitor. 9. Chief Rector. 10. Officers of the University. 11. The Chancellor. 12. The Vice-Chancellor. 13. The Pro-Vice-Chancellors. 14. Deans of Schools. 15. The Registrar. 16. The Finance Officer. 17. Other officers. 18. Authorities of the University. 19. The Court. 20. The Executive Council. 21. The Academic Council. 22. Other authorities of the University. 23. Planning Board. 24. Power to make Statutes. 25. Statutes how made. 26. Ordinances. 27. Regulations. 28. Annual report. 29. Annual accounts. 30. Conditions of service of employees. 31. Procedure of appeal and arbitration in disciplinary cases against students. 32. Right to appeal. 33. Provident and pension funds. 34. Disputes as to constitution of University authorities and bodies. 35. Constitution of Committees. 36. Filling of casual Vacancies. 37. Proceedings of University authorities or bodies not invalidated by vacancies. 38. Protection of action taken in good faith. 39. Mode of proof of University record. 40. Power to remove difficulties. 41. Transitional provisions. 42. Completion of courses of students in colleges or Institutions affiliated to the University. # THE SCHEDULE. 1 ----- # THE NORTH-EASTERN HILL UNIVERSITY ACT, 1973 ACT NO. 24 OF 1973 [26th May, 1973.] # An Act to establish and incorporate a teaching and affiliating University for the hill areas of the North-Eastern region. WHEREAS it is expedient to establish and incorporate a teaching and affiliating University for the benefit of the people of the hill areas of the North-Eastern region and to develop the intellectual, academic and cultural background of the said people; AND WHEREAS in pursuance of clause (1) of article 252 of the Constitution, resolutions have been passed by the Legislatures of the States of Meghalaya and Nagaland to the effect that the setting up of a Central University for the hill areas of the North-Eastern region shall be regulated by Parliament by law; BE it enacted by Parliament in the Twenty-fourth Year of the Republic of India as follows:— **1. Short title, extent and commencement.—(1) This Act may be called the North-Eastern Hill** University Act, 1973. (2) It extends to the [1][State of Meghalaya] and the [2][State of Arunachal Pradesh]. (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, and in all Statutes made hereunder, unless the context otherwise** requires,— (a) “Academic Council” means the Academic Council of the University; (b) “academic staff” means such categories of staff as are designated as academic staff by the Ordinances; (c) “Board of Studies” means the Board of Studies of the University; (d) “Chancellor”, “Vice-Chancellor” and “Pro-Vice-Chancellor” mean, respectively, the Chancellor, Vice-Chancellor and Pro-Vice-Chancellor of the University; (e) “College” means a College maintained by, or admitted to the privileges of, the University; (f) “Court” means the Court of the University; (g) “Department” means a Department of Studies, and includes a Centre of Studies; (h) “employee” means any person appointed by the University, and includes teachers and other staff of the University; (i) “Executive Council” means the Executive Council of the University; (j) “Hall” means a unit of residence or of corporate life for the students of the University, College or Institution, provided, maintained or recognised by the University; (k) “Institution” means an academic institution, not being a College, maintained by, or admitted to the privileges of, the University; (l) “North-Eastern region” means the North-Eastern region of India comprising the [1][State of Meghalaya] and the [2][State of Arunachal Pradesh]; 1. Subs. by Act 35 of 1989, s. 48, for “States of Meghalaya and Nagaland” (w.e.f. 6-9-1994). 2. Subs. by Act 8 of 2000, s. 47, for “Union territories of Arunachal Pradesh and Mizoram” (w.e.f. 2-7-2001). 3. 19th July, 1973, _vide notification No. S.O. 223(E), dated 19th July, 1973,_ _see Gazette of India, Extraordinary, Part II,_ sec. 3(ii). 2 ----- (m) “Principal” means the Head of a College or an Institution, and includes where there is no Principal, the person for the time being duly appointed to act as Principal, and, in the absence of the Principal or the acting Principal, a Vice-Principal duly appointed as such; (n) “recognised teachers” means such persons as are recognised by the University for the purpose of imparting instruction in a College or an Institution admitted to the privileges of the University; (o) “School” means a School of Studies of the University; (p) “Statutes”, “Ordinances” and “Regulations”, mean, respectively, the Statutes, Ordinances and Regulations of the University for the time being in force; (q) “teachers of the University” means Professors, Readers, Lecturers and such other persons as may be appointed for imparting instruction or conducting research in the University or in any College or Institution maintained by the University and are designated as teachers by the Ordinances; (r) “University” means the North-Eastern Hill University. **3. The University.—(1) There shall be established a University by the name of “North-Eastern Hill** University”. (2) The headquarters of the University shall be at Shillong and it shall have campuses in the [1][State of Meghalaya]; it may also establish campuses at such other places within its jurisdiction as it may deem fit. (3) The first Chancellor and the first Vice-Chancellor and the first members of the Court, the Executive Council and the Academic Council and all persons who may hereafter become such officers or members, so long as they continue to hold such office or membership, are hereby constituted a body corporate by the name of “North-Eastern Hill University”. (4) The University shall have perpetual succession and a common seal, and shall sue and be sued by the said name. **4. Objects.—The objects of the University shall be to disseminate and advance knowledge by** providing instructional and research facilities in such branches of learning as it may deem fit; to pay special attention to the improvement of the social and economic conditions and welfare of the people of the hill areas of the North-Eastern region and, in particular, their intellectual, academic and cultural advancement. **5. Powers of the University.—The University shall have the following powers, namely:—** (1) to provide for instruction in such branches of learning as the University may, from time to time, determine and to make provision for research and for the advancement and dissemination of knowledge; (2) to take such academic steps as would contribute to the improvement of the economic conditions and welfare of the people of the hill areas of the North-Eastern region; (3) to grant, subject to such conditions as the University may determine, diplomas or certificates to, and confer degrees and other academic distinctions on the basis of examinations, evaluation or any other method of testing, on persons, and to withdraw any such diplomas, certificates, degrees or other academic distinctions for good and sufficient cause; (4) to organise and to undertake extra-mural studies and extension services; (5) to confer honorary degrees or other distinctions in the manner prescribed by the Statutes; (6) to provide instruction, including correspondence and such other courses, to such persons as are not members of the University, as it may determine; (7) to institute principalships, professorships, readerships, lecturerships, and other teaching or academic posts required by the University and to appoint persons to such principalships, professorships, readerships, lecturerships or other posts; 1. Subs. by Act 35 of 1989, s. 48, for “States of Meghalaya and Nagaland” (w.e.f. 6-9-1994). 3 ----- (8) to recognise persons for imparting instruction in any College or Institution admitted to the privileges of the University; (9) to appoint persons working in any other University or organisation as teachers of the University for a specified period; (10) to create administrative, ministerial and other posts and to make appointments thereto; (11) to co-operate or collaborate with any other University or authority in such manner and for such purposes as the University may determine; (12) to establish such campuses, 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; (13) to institute and award fellowships, scholarships, studentships, medals and prizes; (14) to establish and maintain Colleges, Institutions and Halls; (15) to admit to its privileges Colleges and Institutions not maintained by the University; to withdraw all or any of those privileges in accordance with such conditions as may be prescribed by the Statutes; and to recognise Halls not maintained by the University and to withdraw any such recognition; (16) to declare a college, an Institution or a Department as an autonomous College or an Institution or a Department, as the case may be; (17) to determine standards for admission into the University, which may include examination, evaluation or any other method of testing; (18) to demand and receive payment of fees and other charges; (19) to supervise the residences of the students of the University and to make arrangements for promoting their health and general welfare; (20) to make special arrangements in respect of women students as the University may consider desirable; (21) to regulate and enforce discipline among the employees and students of the University and take such disciplinary measures in this regard as may be deemed necessary; (22) to make arrangements for promoting the health and general welfare of the employees; (23) to acquire, hold, manage and dispose of property, movable or immovable, including trust and endowment properties for the purposes of the University; (24) to borrow, with the approval of the Central Government, on the security of the property of the University, money for the purposes of the University; (25) to do all such other acts and things as may be necessary, incidental or conducive to the attainment of all or any of its objects. **6. Jurisdiction.—(1) The jurisdiction of the University shall extend to the [1][State of Meghalaya] and** the [2][State of Arunachal Pradesh]. (2) No College or Institution situated within the local limits of the jurisdiction of the University shall be compulsorily affiliated to the University, and affiliation shall be granted by the University only to such Colleges or Institutions as may agree to accept the Statutes and Ordinances. (3) Any College or Institution admitted to the privileges of the University shall cease to be associated with, or be admitted to the privileges of, any other University. (4) No College or Institution situated within the local limits of the jurisdiction of the University, but not admitted to its privileges, shall be associated with, or be admitted to the privileges of, any other 1. Subs. by Act 35 of 1989, s. 48, for “States of Meghalaya and Nagaland” (w.e.f. 6-9-1994). 2. Subs. by Act 8 of 2000, s. 47, for “Union territories of Arunachal Pradesh and Mizoram” (w.e.f. 2-7-2001). 4 ----- University except with the previous approval of the Government of the State in which, or the Administrator of the Union territory in which, such College or Institution is situate. **7. University open to all classes, castes and creed.—The University shall be open to persons of** either sex and of whatever race, creed, caste, or class, and it shall not be lawful for the University to adopt or impose on any person any test whatsoever of religious belief or profession in order to entitle him to be admitted therein, as a teacher or student, or to hold any office therein, or to graduate thereat: Provided that nothing in this section shall be deemed to prevent the University from making special provisions for admission of students of the weaker sections of the people in the North-Eastern region and, in particular, of the Scheduled Castes and the Scheduled Tribes. **8. Visitor.—(1) The President of India shall be the Visitor of the University.** (2) The Visitor shall have the right to cause an inspection to be made by such person or persons as he may direct, of the University, its buildings, laboratories and equipment, and of any College or Institution maintained by the University or admitted to its privileges; and also of the examinations, teaching and other work conducted or done by the University and to cause an inquiry to be made in like manner in respect of any matter connected with the administration or finances of the University, Colleges or Institutions. (3) The Visitor shall, in every case, give notice of his intention to cause an inspection or inquiry to be made,— (a) to the University, if such inspection or inquiry is to be made in respect of the University, College or Institution maintained by it, or (b) to the management of the College or Institution, if the inspection or inquiry is to be made in respect of a College or an Institution admitted to the privileges of the University, and the University or the management, as the case may be, shall have the right to make such representations to the Visitor, as it may consider necessary. (4) After considering the representations, if any, made by the University or the management, as the case may be, the Visitor may cause to be made such inspection or inquiry as is referred to in sub-section (2). (5) Where any inspection or inquiry has been caused to be made by the Visitor, the University or the management, as the case may be, shall be entitled to appoint a representative who shall have the right to be present and be heard at such inspection or inquiry. (6) The Visitor may, if the inspection or inquiry is made in respect of the University or any College or Institution maintained by it, address the Vice-Chancellor with reference to the result of such inspection or inquiry, and the Vice-Chancellor shall communicate to the Executive Council the views of the Visitor with such advice as the Visitor may be pleased to offer upon the action to be taken thereon. (7) The Visitor may, if the inspection or inquiry is made in respect of any College or Institution admitted to the privileges of the University, address the management concerned through the ViceChancellor with reference to the result of such inspection or inquiry, his views thereon and such advice as he may be pleased to offer upon the action to be taken thereon. (8) The Executive Council or the management, as the case may be, shall communicate through the Vice-Chancellor to the Visitor such action, if any, as it is proposed to take or has been taken upon the result of such inspection or inquiry. (9) Where the Executive Council or the management does not, within a reasonable time, take action to the satisfaction of the Visitor, the Visitor may, after considering any explanation furnished or representation made by the Executive Council or management, issue such directions as he may think fit and the Executive Council or management, as the case may be, shall comply with such directions. (10) Without prejudice to the foregoing provisions of this section, the Visitor may, by order in writing, annul any proceeding of the University which is not in conformity with this Act, the Statutes or Ordinances: 5 ----- 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. (11) The Visitor shall have such other powers as may be prescribed by the Statutes. **9. Chief Rector.—The Governor of the** [1][State of Meghalaya] shall be the Chief Rector of the University. **10. Officers of the University.—The following shall be the officers of the University:—** (1) The Chancellor; (2) The Vice-Chancellor; (3) The Pro-Vice-Chancellors; (4) The Deans of Schools; (5) The Registrar; (6) The Finance Officer; and (7) Such other officers as may be declared by the Statutes to be officers of the University. **11. The Chancellor.—(1) The Chancellor shall be appointed by the Visitor in such manner as may be** prescribed by the Statutes. (2) The Chancellor shall, by virtue of his office, be the Head of the University. (3) The Chancellor shall, if present, preside at the convocations of the University held for conferring degrees. **12. The Vice-Chancellor.—(1) The Vice-Chancellor shall be appointed by the Visitor in such** manner as may be prescribed by the Statutes. (2) The Vice-Chancellor shall be the principal executive and academic officer of the University, and shall exercise general supervision and control over the affairs of the University and give effect to the decisions of all the authorities of the University. (3) The Vice-Chancellor may, if he is of opinion that immediate action is necessary on any matter, exercise any power conferred on any authority of the University by or under this Act and shall report to such authority the action taken by him on such matter: Provided that if the authority concerned is of opinion that such action ought not to have been taken, it may refer the matter to the Visitor whose decision thereon shall be final: Provided further that any person in the service of the University who is aggrieved by the action taken by the Vice-Chancellor under this sub-section shall have the right to appeal against such action to the Executive Council within three months from the date on which decision on such action is communicated to him and thereupon the Executive Council may confirm, modify or reverse the action taken by the Vice-Chancellor. (4) The Vice-Chancellor shall exercise such other powers and perform such other functions as may be prescribed by the Statutes or Ordinances. **13. The Pro-Vice-Chancellors.—Every Pro-Vice-Chancellor shall be appointed in such manner and** shall exercise such powers and perform such duties as may be prescribed by the Statutes. **14. Deans of Schools.—Every Dean of a School shall be appointed in such manner and shall exercise** such powers and perform such duties as may be prescribed by the Statutes. **15. The Registrar.—(1) The Registrar shall be appointed in such manner as may be prescribed by the** Statutes. 1. Subs. by Act 35 of 1989, s. 48, for “States of Meghalaya and Nagaland” (w.e.f. 6-9-1994). 6 ----- (2) The Registrar shall have the power to enter into agreements, sign documents and authenticate records on behalf of the University and shall exercise such other powers and perform such other duties as may be prescribed by the Statutes. **16. The Finance Officer.—The Finance Officer shall be appointed in such manner and shall exercise** such powers and perform such duties as may be prescribed by the Statutes. **17. Other officers.—The manner of appointment and powers and duties of other officers of the** University shall be prescribed by the Statutes. **18. Authorities of the University.—The following shall be the authorities of the University:—** (1) The Court; (2) The Executive Council; (3) The Academic Council; (4) The Boards of Schools; and (5) Such other authorities as may be declared by the Statutes to be authorities of the University. **19. The Court.—(1) The constitution of the Court and the term of office of its members shall be** prescribed by the Statutes. (2) Subject to the provisions of this Act, the Court shall have the following powers and functions, namely:— (a) to review, from time to time, the broad policies and programmes of the University and to suggest measures for the improvement and development of the University; (b) to consider and pass resolutions on the annual report and the annual accounts of the University and the audit report on such accounts; (c) to advise the Visitor in respect of any matter which may be referred to it for advice; and (d) to perform such other functions as may be prescribed by the Statutes. **20. The Executive Council.—(1) The Executive Council shall be the principal executive body of the** University. (2) The constitution of the Executive Council, the term of office of its members and its powers and duties shall be prescribed by the Statutes. **21. The Academic Council.—(1) The Academic Council shall be the principal academic body of the** University and shall, subject to the provisions of this Act, the Statutes and Ordinances, co-ordinate and exercise general supervision over the academic policies of the University. (2) The constitution of the Academic Council, the term of office of its members and its powers and duties shall be prescribed by the Statutes. **22. Other authorities of the University.—The constitution, powers and functions of the Boards of** Schools and of such other authorities as may be declared by the Statutes to be authorities of the University, shall be prescribed by the Statutes. **23. Planning Board.—(1) There shall be constituted a Planning Board of the University which shall** advise generally on the planning and development of the University and keep under review the standard of education and research in the University. (2) The Planning Board shall consist of— (a) The Vice-Chancellor, who shall be the Chairman, and (b) not more than eight persons of high academic standing who shall be appointed in such manner as may be prescribed by the Statutes. 7 ----- (3) The Visitor may determine a date with effect from which the Planning Board shall stand dissolved. **24. Power to make Statutes.—Subject to the provisions of this Act, the Statutes may provide for all** or any of the following matters, namely:— (a) the constitution, powers and functions of the authorities and other bodies of the University, as may be constituted from time to time; (b) the election and continuance in office of the members of the said authorities and bodies, the filling of vacancies of members, and all other matters relative to those authorities and other bodies for which it may be necessary or desirable to provide; (c) the appointment, powers and duties of the officers of the University and their emoluments; (d) the appointment of teachers of the University and other academic staff and their emoluments; (e) the appointment of teachers and other academic staff working in any other University or organisation for a specified period for undertaking a joint project; (f) the conditions of service of employees including provision for pension, insurance and provident fund, the manner of termination of service and disciplinary action; (g) the principles governing seniority of service of employees; (h) the procedure for arbitration in cases of dispute between employees or students and the University; (i) the procedure for appeal to the Executive Council by any employee or student against the action of any officer or authority of the University; (j) the establishment and recognition of Students’ Union or associations of teachers, academic staff or other employees; (k) the participation of students in the affairs of the University; (l) the conferment of honorary degrees; (m) the withdrawal of degrees, diplomas, certificates and other academic distinctions; (n) the institution of fellowships, scholarships, studentships, medals and prizes; (o) the maintenance of discipline among the students; (p) the establishment and abolition of Schools, Departments, Halls, Colleges and Institutions; (q) the conditions under which Colleges and Institutions may be admitted to the privileges of the University and the withdrawal of such privileges; (r) the delegation of powers vested in the authorities or officers of the University; and (s) all other matters which by this Act are to be, or may be, provided by the Statutes. **25. Statutes how made.—(1) The first Statutes are those set out in the Schedule.** (2) The Executive Council may, from time to time, make new or additional Statutes or may amend or repeal the Statutes referred to in sub-section (1): Provided that the Executive Council shall not make, amend or repeal any Statute affecting the status, powers or constitution of any authority of the University until such authority has been given an opportunity of expressing an opinion in writing on the proposed changes, and any opinion so expressed shall be considered by the Executive Council. (3) Every new Statute or addition to the Statutes or any amendment or repeal of a Statute shall require the approval of the Visitor who may assent thereto or withhold assent or remit to the Executive Council for consideration. 8 ----- (4) A new Statute or a Statute amending or repealing an existing Statute shall have no validity unless it has been assented to by the Visitor. (5) Notwithstanding anything contained in the foregoing sub-sections, the Visitor may make new or additional Statutes or amend or repeal the Statutes referred to in sub-section (1) during the period of three years immediately after the commencement of this Act: Provided that the Visitor may, on the expiry of the said period of three years make, within one year from the date of such expiry, such detailed Statutes as he may consider necessary and such detailed Statutes shall be laid before both Houses of Parliament. **26. Ordinances.—(1) Subject to the provisions of this Act and the Statutes, the Ordinances may** provide for all or any of the following matters, namely:— (a) the admission of students to the University and their enrolment as such; (b) the courses of study to be laid down for all degrees, diplomas and certificates of the University; (c) the medium of instruction and examination; (d) the award of degrees, diplomas, certificates and other academic distinctions, the qualifications for the same and the means to be taken relating to the granting and obtaining of the same; (e) the fees to be charged for courses of study in the University and for admission to the examinations, degrees and diplomas of the University; (f) the conditions of award of fellowships, scholarships, studentships, medals and prizes; (g) the conduct of examinations, including the term of office and of appointment and the duties of examining bodies, examiners and moderators; (h) the conditions of residence of the students of the University; (i) the special arrangements, if any, which may be made for the residence, discipline and teaching of women students and the prescribing of special courses of studies for them; (j) the appointment and emoluments of employees other than those for whom provision has been made in the Statutes; (k) the establishment of Centres of Studies, Boards of Studies, Special Centres, specialised laboratories and other Committees; (l) the manner of co-operation and collaboration with other Universities and authorities including learned bodies or associations; (m) the creation, composition and functions of any other body which is considered necessary for improving the academic life of the University; (n) such other terms and conditions of service of teachers and other academic staff as are not prescribed by the Statutes; (o) the management of Colleges and Institutions established by the University; (p) the supervision and management of Colleges and Institutions admitted to the privileges of the University; and (q) all other matters which by this Act or the Statutes may be provided for by the Ordinances. (2) The first Ordinances shall be made by the Vice-Chancellor with the previous approval of the Central Government and the Ordinances so made may be amended, repealed or added to at any time by the Executive Council in the manner prescribed by the Statutes. 9 ----- **27. Regulations.—[1][(1)] The authorities of the University may make Regulations consistent with this** Act, the Statutes and the Ordinances for the conduct of their own business and that of the Committees appointed by them and not provided for by this Act, the Statutes or the Ordinances in the manner prescribed by the Statutes. 2[(2) Every Statute, Ordinance or Regulation made under this Act shall be published in the Official Gazette. (3) 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.] **28. Annual report.—(1) The annual report of the University shall be prepared under the direction of** the Executive Council and shall be submitted to the Court on or after such date as may be prescribed by the Statutes and the Court shall consider the report in its annual meeting. (2) The Court shall submit the annual report to the Visitor along with its comments, if any. 3[(3) A copy of the annual report, as prepared under sub-section (1), shall also be submitted to the Central Government, which shall, as soon as may be, cause the same to be laid before both Houses of Parliament.] **29. Annual accounts.—(1) The annual accounts and balance-sheet of the University shall be** prepared under the directions of the Executive Council and shall once at least every year and at intervals of not more than fifteen months be audited by the Comptroller and Auditor-General of India. (2) The annual accounts when audited shall be published in the Gazette of India and a copy of the accounts together with the report of the Comptroller and Auditor-General shall be submitted to the Court and the Visitor along with the observations of the Executive Council. (3) Any observations made by the Visitor on the annual accounts shall be brought to the notice of the Court and the observations of the Court, if any, shall, after being considered by the Executive Council, be submitted to the Visitor. 4[(4) A copy of the annual accounts together with the report of Comptroller and Auditor-General, shall also be submitted to the Central Government, which shall, as soon as may be, cause the same to be laid before both Houses of Parliament.] **30. Conditions of service of employees.—(1) Every employee shall be appointed under a written** contract which shall be lodged with the University and a copy of which shall be furnished to the employee concerned. (2) Any dispute arising out of a contract between the University and any employee shall, at the request of the employee, be referred to a Tribunal of Arbitration consisting of one member appointed by the Executive Council, one member nominated by the employee concerned and an umpire appointed by the Visitor. The decision of the Tribunal shall be final, and no suit shall lie in any civil court in respect of the matters decided by the Tribunal. Every such request shall be deemed to be a submission to arbitration upon the terms of this section within the meaning of the Arbitration Act, 1940 (2 of 1940). **31. Procedure of appeal and arbitration in disciplinary cases against students.—(1) Any student** or candidate for an examination whose name has been removed from the rolls of the University by the orders or resolution of the Vice-Chancellor, Discipline Committee or Examination Committee, as the case 1. Section 27 re-numbered as sub-section (1) thereof by Act 4 of 2005, s. 2 and the Schedule (w.e.f. 11-1-2005). 2. Ins. by s. 2 and the Schedule, ibid. (w.e.f. 11-1-2005). 3. Ins. by Act 25 of 2008, s. 8 (w.e.f. 5-12-2008). 4. Ins. by s. 9, ibid. (w.e.f. 5-12-2008). 10 ----- may be, and who has been debarred from appearing at the examinations of the University for more than one year, may, within ten days of the date of receipt of such orders or copy of such resolution by him, appeal to the Executive Council and the Executive Council may confirm, modify or reverse the decision of the Vice-Chancellor or the Committee, as the case may be. (2) Any dispute arising out of any disciplinary action taken by the University against a student shall, at the request of such student, be referred to a Tribunal of Arbitration and the provisions of sub-section (2) of section 30 shall, as far as may be, apply to a reference made under this sub-section. **32. Right to appeal.—Every employee or student of the University or of a College or Institution** shall, notwithstanding anything contained in this Act, have a right to appeal, within such time as may be prescribed by the Statutes, to the Executive Council against the decision of any officer or authority of the University or of the Principal or the management of any College or Institution, as the case may be, and thereupon the Executive Council may confirm, modify or reverse the decision appealed against. **33. Provident and pension funds.—(1) The University shall constitute for the benefit of its** employees such pension or provident fund or provide such insurance schemes as it may deem fit in such manner and subject to such conditions as may be prescribed by the Statutes. (2) Where such provident or pension fund has been so 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. **34. Disputes as to constitution of University authorities and bodies.—If any question arises as to** whether any person has been duly elected or appointed as, or is entitled to be, a member of any authority or other body of the University, the matter shall be referred to the Visitor whose decision thereon shall be final. **35. Constitution of Committees.—Where any authority of the University is given power by this Act** or the Statutes to appoint Committees, such Committees shall, save as otherwise provided, consist of the members of the authority concerned and of such other persons (if any) as the authority in each case may think fit. **36. Filling of casual Vacancies.—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, elected or co-opted to a casual vacancy shall be a member of such authority or body for the residue of the term for which the person whose place he fills would have been a member. **37. Proceedings of University authorities or bodies not invalidated by vacancies.—No act or** proceedings 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. **38. Protection of action taken in good faith.—No suit or other legal proceedings 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 any of the provisions of this Act, the Statutes or Ordinances. **39. Mode of proof of University record.—A copy of any receipt, application, notice, order,** proceeding, resolution of any authority or Committee of the University, or other documents in possession of the University, or any entry in any register duly maintained by the University, if certified by the Registrar, shall be received as prima facie evidence of such receipt, application, notice, order, proceeding or resolution, documents or the existence of entry in the register and shall be admitted as evidence of the matters and transactions therein where the original thereof would, if produced, have been admissible in evidence, notwithstanding anything contained in the Indian Evidence Act, 1872 (1 of 1872) or in any other law for the time being in force. **40. Power to remove difficulties.—If any difficulty arises in giving effect to the provisions of this** Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty: 11 ----- Provided that no such order shall be made under this section after the expiry of three years from the commencement of this Act. **41. Transitional provisions.—Notwithstanding anything contained in this Act and the Statute—** (a) the first Chancellor and the first Vice-Chancellor shall be appointed by the Visitor and each of the said officers shall hold office for a term of five years; (b) the first Registrar and the first Finance Officer shall be appointed by the Visitor and each of the said officers shall hold office for a term of three year’s; (c) the first Court and the first Executive Council shall consist of not more than thirty members and eleven members respectively, who shall be nominated by the Visitor and shall hold office for a term of three years; (d) the first Academic Council shall be constituted on the expiry of a period of six months from the commencement of this Act and during the said period of six months, the powers of the Academic Council shall be performed by the Planning Board constituted under section 23; (e) the first Academic Council shall consist of not more than twenty-one members, who shall be nominated by the Visitor and shall hold office for a term of three years : Provided that if any vacancy occurs in the above offices or authorities, the same shall be filled by appointment or nomination, as the case may be, by the Visitor, and the person so appointed or nominated shall hold office for so long as the officer or member in whose place he is appointed or nominated would have held office, if such vacancy had not occurred. **42. Completion of courses of students in Colleges or Institutions affiliated to the** **University.—Notwithstanding anything contained in this Act, or in the Statutes or the Ordinances, any** student of a College or Institution, who, immediately before the admission of such College or Institution to the privileges of the North-Eastern Hill University, was studying for a degree, diploma or certificate of the Gauhati University, shall be permitted by the North-Eastern Hill University to complete his course for that degree, diploma or certificate, as the case may be, and the North-Eastern Hill University and such College or Institution shall provide for the instruction and examination of such student in accordance with the syllabus of studies of the Gauhati University. 12 ----- THE SCHEDULE [See section 25 (1)] THE STATUTES OF THE UNIVERSITY **1. The Vice-Chancellor.—(1) The Vice-Chancellor shall be a whole-time salaried officer of the** University. (2) The Vice-Chancellor shall hold office for a term of five years from the date on which he enters upon his office and shall be eligible for re-appointment for not more than another term: Provided that notwithstanding the expiry of the said period of five years, he shall continue in office until his successor is appointed and enters upon his office: Provided further that the Visitor may direct that a Vice-Chancellor, whose term of office has expired, shall continue in office for such period, not exceeding a total period of one year, as may be specified in the direction. (3) Notwithstanding anything contained in clause (2), a person appointed as Vice-Chancellor shall, if he completes the age of sixty-five years during the term of his office or any extension thereof, retire from office. (4) The emoluments and other terms and conditions of service of the Vice-Chancellor shall be as follows:— (i) There shall be paid to the Vice-Chancellor a salary of two thousand and five hundred rupees per mensem and he shall be entitled, without payment of rent, to use a furnished residence throughout his term of office and no charge shall fall on the Vice-Chancellor personally in respect of the maintenance of such residence. (ii) The Vice-Chancellor shall not be entitled to the benefits of the University Provident Fund: Provided that where an employee of— (a) the University or College or Institution maintained by, or affiliated to, it; or (b) any other University or College or Institution maintained by, or affiliated to, that University, is appointed as Vice-Chancellor, he shall be allowed to continue to contribute to the provident fund to which he is a subscriber, and the contribution of the University shall be limited to what he had been contributing immediately before his appointment as Vice-Chancellor. (iii) The Vice-Chancellor shall be entitled to travelling allowances at such rates as may be fixed by the Executive Council. (iv) The Vice-Chancellor shall be entitled to leave on full pay for one-eleventh of the period spent by him on active service. (v) The Vice-Chancellor shall also be entitled, on medical grounds or otherwise, to leave without pay for a period not exceeding three months during the term of his office: Provided that such leave may be converted into leave on full pay to the extent to which he is entitled to leave under sub-clause (iv). (5) If the office of the Vice-Chancellor becomes vacant due to death, resignation or otherwise or if he is unable to perform his duties owing to absence, illness or any other cause, the Pro-Vice-Chancellor or if there is more than one Pro-Vice-Chancellor, the senior-most Pro-Vice-Chancellor, shall perform the duties of the Vice-Chancellor until a new Vice-Chancellor assumes office or until the existing Vice-Chancellor attends to the duties of his office, as the case may be: Provided that if a Pro-Vice-Chancellor is not available, the senior most Professor shall perform the duties of the Vice-Chancellor. 13 ----- **2. Powers and duties of the Vice-Chancellor.—(1) The Vice-Chancellor shall be** _ex-officio_ Chairman of the Court, the Executive Council, the Academic Council and the Finance Committee and shall, in the absence of the Chancellor, preside at the Convocations of the University held for conferring degrees. The Vice-Chancellor shall be entitled to be present at and, to address, any meeting of any authority or other body of the University, but shall not be entitled to vote thereat unless he is a member of such authority or body. (2) It shall be the duty of the Vice-Chancellor to see that this Act, these Statutes, the Ordinances and the regulations are duly observed, and he shall have all powers necessary to ensure such observance. (3) The Vice-Chancellor shall have the power to convene or cause to be convened meetings of the Court, the Executive Council, the Academic Council and the Finance Committee. **3. Pro-Vice-Chancellor.—(1) Every Pro-Vice-Chancellor shall be appointed by the Executive** Council on the recommendations of the Vice-Chancellor: Provided that where the recommendation of the Vice-Chancellor is not accepted by the Executive Council, the matter shall be referred to the Visitor who may either appoint the person recommended by the Vice-Chancellor or ask the Vice-Chancellor to recommend another person to the Executive Council: Provided further that the Executive Council may, on the recommendation of the Vice-Chancellor, appoint a professor to discharge the duties of Pro-Vice-Chancellor in addition to his own duties as a Professor. (2) The term of office of a Pro-Vice-Chancellor shall be such as may be decided by the Executive Council, but it shall not in any case exceed five years or until the expiration of the term of office of the Vice-Chancellor, whichever is earlier, and he shall be eligible for reappointment: Provided that a Pro-Vice-Chancellor shall retire on attaining the age of sixty-five years. (3) The emoluments and other terms and conditions of service of a pro-Vice-Chancellor shall be such as may be prescribed by the Ordinances. (4) A Pro-Vice-Chancellor shall assist the Vice-Chancellor in respect of such matters as may be specified by the Vice-Chancellor in this behalf, from time to time, and shall also exercise such powers and perform such duties as may be assigned or delegated to him by the Vice-Chancellor. **4. Registrar.—(1) The Registrar shall be a whole-time salaried officer of the University.** (2) The emoluments and other terms and conditions of service of the registrar shall be such as may be prescribed by the Ordinances; Provided that the Registrar shall retire on attaining the age of sixty years: Provided further that a Registrar shall, notwithstanding his attaining the age of sixty years, continue in office until his successor is appointed and enters upon his office or until the expiry of a period of one year whichever is earlier. (3) When the office of the Registrar is vacant or when the Registrar is, by reason of illness, absence or any other cause, unable to perform the duties of his office, the duties of the office shall be performed by such person as the Vice-Chancellor may appoint for the purpose. (4)(a) The Registrar shall have power to take disciplinary action against such of the employees, excluding teachers and academic staff, as may be specified in the orders of the Executive Council and to suspend them pending inquiry, to administer warnings to them or to impose on them the penalty of censure or the withholding of increment: 14 ----- Provided that no such penalty shall be imposed unless the person concerned has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him. (b) An appeal shall lie to the Vice-Chancellor against any order of the Registrar imposing any of the penalties specified in sub-clause (a). (c) In a case where the inquiry discloses that a punishment beyond the powers of the Registrar is called for, the Registrar shall, upon conclusion of the inquiry, make a report to the Vice-Chancellor along with his recommendations: Provided that an appeal shall lie to the Executive Council against an order of the Vice-Chancellor imposing any penalty. (5) The Registrar shall be _ex-officio Secretary of the Executive Council, the Academic Council and_ the Boards of Schools, but shall not be deemed to be a member of any of these authorities. He shall be _ex-officio Member-Secretary of the Court._ (6) It shall be the duty of the Registrar,— (a) to be the custodian of the records, the common seal and such other property of the University as the Executive Council shall commit to his charge; (b) to issue all notices convening meetings of the Court, the Executive Council, the Academic Council, the Boards of Schools, the Boards of Studies, the Boards of Examiners and of any Committees appointed by the authorities of the University; (c) to keep the minutes of all the meetings of the Court, the Executive Council, the Academic Council, the Boards of Schools and of any Committees appointed by the authorities of the University; (d) to conduct the official correspondence of the Court, the Executive Council and the Academic Council; (e) to arrange for and superintend the examinations of the University in accordance with the manner prescribed by the Ordinances; (f) to supply to the Visitor, copies of the agenda of the meetings of the authorities of the University as soon as they are issued and the minutes of such meetings; (g) to represent the University in suits or proceedings by or against the University, sign powers of attorney and verify pleadings or depute his representative for the purpose; and (h) to perform such other duties as may be specified in these Statutes, the Ordinances or the Regulations or as may be required, from time to time, by the Executive Council or the Vice-Chancellor. **5. Finance Officer.—(1) The Finance Officer shall be a whole-time salaried officer of the University.** (2) The emoluments and other terms and conditions of service of the Finance Officer shall be such as may be prescribed by the Ordinances: Provided that a Finance Officer shall retire on attaining the age of sixty years: Provided further that the Finance Officer shall, notwithstanding his attaining the age of sixty years, continue in office until his successor is appointed and enters upon his office or until the expiry of a period of one year whichever is earlier. (3) When the office of the Finance Officer is vacant or when the Finance Officer is, by reason of illness, absence or any other cause, unable to perform the duties of his office, the duties of the office shall be performed by such person as the Vice-Chancellor may appoint for the purpose. (4) The Finance Officer shall be ex-officio Secretary of the Finance Committee but shall not be deemed to be a member of such Committee. 15 ----- (5) The Finance Officer shall— (a) exercise general supervision over the funds of the University and shall advise it as regards its financial policy; and (b) perform such other financial functions as may be assigned to him by the Executive Council or as may be prescribed by these Statutes or the Ordinances: Provided that the Finance Officer shall not incur any expenditure or make any investment exceeding ten thousand rupees without the previous approval of the Executive Council. (6) Subject to the control of the Executive Council, the Finance Officer shall— (a) hold and manage the property and investments of the University including trust and endowed property; (b) ensure that the limits fixed by the Executive Council for recurring and non-recurring expenditure for a year are not exceeded and that all moneys are expended on the purposes for which they are granted or allotted; (c) be responsible for the preparation of annual accounts and the budget of the University and for their presentation to the Executive Council; (d) keep a constant watch on the state of the cash and bank balances and on the state of investments; (e) watch the progress of the collection of revenue and advise on the methods of collection employed; (f) ensure that the registers of buildings, land, furniture and equipment are maintained up-to-date and that stock-checking is conducted, of equipment and other consumable materials in all offices, Special Centres, specialised laboratories, Colleges and Institutions maintained by the University; (g) call for explanation for unauthorised expenditure and for other financial irregularities and suggest disciplinary action against persons at fault; and (h) call for from any office, Centre, laboratory, College or Institution maintained by the University, any information or returns that he may consider necessary for the performance of his duties. (7) The receipt of the Finance Officer or of the person or persons duly authorised in this behalf by the Executive Council for any money payable to the University shall be sufficient discharge for payment of such money. **6. Deans of Schools of Studies.—(1) Every Dean of a School of Studies shall be appointed by the** Vice-Chancellor from among the professors in the School for a period of three years and he shall be eligible for re-appointment: Provided that a Dean on attaining the age of sixty years shall cease to hold office as such: Provided further that if at any time there is no Professor in a School, the Vice-Chancellor or a Pro-Vice-Chancellor if authorised by the Vice-Chancellor in this behalf, shall exercise the powers of the Dean of the School. (2) When the office of the Dean is vacant or when the Dean is, by reason of illness, absence or any other cause, unable to perform the duties of his office, the duties of the office shall be performed by such person as the Vice-Chancellor may appoint for the purpose. (3) The Dean shall be the Head of the School and shall be responsible for the conduct and maintenance of the standards of teaching and research in the School. The Dean shall have such other functions as may be prescribed by the Ordinances. 16 ----- (4) The Dean shall have the right to be present and to speak at any meeting of the Boards of Studies or Committees of the School, as the case may be, but shall not have the right to vote thereat unless he is a member thereof. **7. Heads of Departments.—(1) In the case of Departments which have more than one Professor, the** Head of the Department shall be appointed by the Executive Council on the recommendation of the Vice-Chancellor from among the Professors. (2) In the case of Departments where there is only one Professor, the Executive Council shall have the option to appoint, on the recommendation of the Vice-Chancellor, either the Professor or a Reader as the Head of the Department: Provided that it shall be open to a Professor or Reader to decline the offer of appointment as the Head of the Department. (3) A person appointed as the Head of the Department shall hold office as such for a period of three years and shall be eligible for re-appointment. (4) A Head of a Department may resign his office at any time during his tenure of office. (5) A Head of a Department shall perform such functions as may be prescribed by the Ordinances. **8. Deans of Students’ Welfare.—(1) Every Dean of Students’ Welfare shall be appointed from** amongst the teachers of the University, not below the rank of a Reader, by the Executive Council on the recommendation of the Vice-Chancellor. (2) Every Dean appointed under clause (1) shall be a whole-time officer and shall hold office for a term of three years shall be eligible for re-appointment: Provided that the Executive Council may, if it is considered necessary, appoint on the recommendation of the Vice-Chancellor, a teacher, not below the rank of a Reader, to discharge the duties of the Dean of Students’ Welfare in addition to his duties as such teacher, and in such a case, the Executive Council may sanction a suitable allowance to be paid to him. (3) A person who is appointed as a Dean of Students’ Welfare shall continue to hold his lien on his substantive post and shall be eligible to all the benefits that would have otherwise accrued to him, but for his appointment as the Dean of Students’ Welfare. (4) When the office of a Dean of Students’ Welfare is vacant or when the Dean of Students’ Welfare is, by reason of illness or absence or any other cause, unable to perform the duties of his office, the duties of the office shall be performed by such person as the Vice-Chancellor may appoint for the purpose. (5) The duties and powers of a Dean of Students’ Welfare shall be prescribed by the Ordinances. **9. Proctors.—(1) Every Proctor shall be appointed by the Executive Council on the recommendation** of the Vice-Chancellor and shall exercise such powers and perform such duties as may be assigned to him by the Vice-Chancellor. (2) Every Proctor shall hold office for a term of two years and shall be eligible for re-appointment. **10. Librarians.—(1) Every Librarian shall be appointed by the Executive Council on the** recommendation of the Selection Committee constituted for the purpose and he shall be a whole-time officer of the University. (2) Every Librarian shall exercise such powers and perform such duties as may be assigned to him by the Executive Council. 17 ----- **11. Meetings of the Court.—(1) An annual meeting of the Court shall be held on a date to be fixed** by the Executive Council unless some other date has been fixed by the Court in respect of any year. (2) At an annual meeting of the Court, a report on the working of the University during the previous year, together with a statement of the receipts and expenditure, the balance-sheet, as audited, and the financial estimates for the next year shall be presented. (3) A copy of the statement of receipts and expenditure, the balance-sheet and the financial estimates referred to in clause (2) shall be sent to every member of the Court at least seven days before the date of the annual meeting. (4) Twelve members of the Court shall form a quorum for a meeting of the Court. (5) Special meetings of the Court may be convened by the Executive Council or the Vice-Chancellor, or, if there is no Vice-Chancellor, by a Pro-Vice-Chancellor, or if there is no Pro-Vice-Chancellor, by the Registrar. **12. Quorum for meetings of the Executive Council.—Five members of the Executive Council shall** form a quorum for a meeting of the Executive Council. **13. Powers and functions of Executive Council.—(1) The Executive Council shall have the** management and administration of the revenue and property of the University and the conduct of all administrative affairs of the University not otherwise provided for. (2) Subject to the provisions of this Act, these Statutes and the Ordinances, the Executive Council shall, in addition to all other powers vested in it, have the following powers, namely:— (i) to create teaching and academic posts, to determine the number and emoluments of such posts and to define the duties and conditions of service of Professors, Readers, Lecturers, and other academic staff and Principals of Colleges and Institutions maintained by the University: Provided that no action shall be taken by the Executive Council in respect of the number, qualifications and the emoluments of teachers and academic staff otherwise than after consideration of the recommendations of the Academic Council; (ii) to appoint such Professors, Readers, Lecturers and other academic staff, as may be necessary, and Principals of Colleges and Institutions maintained by the University on the recommendation of the Selection Committee constituted for the purpose and to fill up temporary vacancies therein; (iii) to create administrative, ministerial and other necessary posts and to make appointments thereto in the manner prescribed by the Ordinances; (iv) to grant leave of absence to any officer of the University, other than the Chancellor and the Vice-Chancellor, and to make necessary arrangements for the discharge of the functions of such officer during his absence; (v) to regulate and enforce discipline among employees in accordance with these Statutes and the Ordinances; (vi) 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; (vii) to fix limits on the total recurring and the total non-recurring expenditure for a year on the recommendations of the Finance Committee; 18 ----- (viii) to invest any money belonging to the University, including any unapplied income in such stocks, funds, shares or securities as it shall, from time to time, think fit, or in the purchase of immovable property in India, with the like powers of varying such investments from time to time; (ix) to transfer or accept transfers of any movable or immovable property on behalf of the University; (x) to provide buildings, premises, furniture and apparatus and other means needed for carrying on the work of the University; (xi) to enter into, vary, carry out and cancel contracts on behalf of the University; (xii) to entertain, adjudicate upon, and, if thought fit, to redress any grievances of the employees and students of the University, who may, for any reason feel aggrieved; (xiii) to appoint examiners and moderators and, if necessary to remove them, and to fix their fees, emoluments and travelling and other allowances, after consulting the Academic Council; (xiv) to select a common seal for the University and provide for the custody and use of such seal; (xv) to make such special arrangements as may be necessary for the residence and discipline of women students; (xvi) to delegate any of its powers to the Vice-Chancellor, the Pro-Vice-Chancellors, the Registrar or the Finance Officer or such other employee or authority of the University or to a Committee appointed by it as it may deem fit; (xvii) to institute fellowships, scholarships, studentships, medals and prizes; and (xviii) to exercise such other powers and perform such other duties as may be conferred or imposed on it by this Act, or these Statutes. **14. Quorum for meetings of the Academic Council.—Nine members of the Academic Council** shall form a quorum for a meeting of the Academic Council. **15. Powers of the Academic Council.—Subject to this Act, these statutes and the Ordinances, the** Academic Council shall, in addition to all other powers vested in it, have the following powers, namely:— (a) to exercise general supervision over the academic policies of the University and to give directions regarding methods of instruction, co-operative teaching among Colleges and Institutions, evaluation of research or improvements in academic standards; (b) to bring about inter-School co-ordination, to establish or appoint Committees or Boards, for taking up projects on an inter-School basis; (c) to consider matters of general academic interest either on its own initiative or on a reference by a School or the Executive Council and to take appropriate action thereon; and (d) to frame such regulations and rules consistent with these Statutes and the Ordinances regarding the academic functioning of the University, discipline, residences admissions, award of fellowships and studentships, fee concessions, corporate life and attendance. **16. The Planning Board.—(1) The members of the Planning Board shall be appointed by the Visitor** and shall hold office for such period as he may determine. (2) The Planning Board shall, in addition to all other powers vested in it by this Act, have the right to advise the Executive Council and the Academic Council on any academic matter. 19 ----- (3) On the date determined by the Visitor under sub-section (3) of section 23, this Statute shall cease to have effect. **17. Schools of Studies and Departments.—(1) The University shall have such Schools of studies as** may be specified by the Ordinances. (2) Every School shall have a School Board. The members of the first school Board shall be nominated by the Executive Council and shall hold office for a period of three years. (3) The powers and functions of a School Board shall be prescribed by the Ordinances. (4) The conduct of the meetings of a School Board and the quorum required for such meetings shall be prescribed by the Ordinances. (5)(a) Each School shall consist of such Departments as may be assigned to it by the Ordinances. (b) No Department shall be established or abolished except by these Statutes: Provided that the Executive Council may, on the recommendation of the Academic Council, establish Centres of Studies to which may be assigned such teachers of the University as the Executive Council may consider necessary. (c) Each Department shall consist of the following members, namely:— (i) teachers of the Department; (ii) persons conducting research in the Department; (iii) Dean of the School or Deans of the Schools concerned; (iv) honorary professors, if any, attached to the Department; and (v) such other persons as may be members of the Department in accordance with the provisions of the Ordinances. **18. Boards of Studies.—(1) Each Department shall have two Boards of Studies, one for** Post-graduate Studies and the other for under-graduate studies. (2) The constitution of a Board of Post-graduate Studies and the term of office of its members shall be prescribed by the Ordinances. (3) The functions of a Board of Post-graduate Studies shall be to approve subjects for research for various degrees and other requirements of research degrees and to recommend to the concerned School Board in the manner prescribed by the Ordinances:— (a) courses of studies and appointment of examiners for post-graduate courses, but excluding research degrees; (b) appointment of supervisors of research; and (c) measures for the improvement of the standard of post-graduate teaching and research: Provided that the above functions of a Board of Post-graduate Studies shall, during the period of three years immediately after the commencement of this Act, be performed by the Department. (4) The constitution and functions of a Board of Under-graduate Studies and the term of office of its members shall be prescribed by the Ordinances. **19. Finance Committee.—(1) The Finance Committee shall consist of the following members,** namely:— (i) The Vice-Chancellor; (ii) A Pro-Vice-Chancellor appointed by the Executive Council; 20 ----- (iii) Three persons nominated by the Executive Council, out of whom at least one shall be a member of the Executive Council; and (iv) Three persons nominated by the Visitor. (2) Five members of the Finance Committee shall form a quorum for a meeting of the Finance Committee. (3) All the members of the Finance Committee, other than ex-officio members, shall hold office for a term of three years. (4) A member of the Finance Committee shall have the right to record a minute of dissent if he does not agree with any decision of the Finance Committee. (5) The Finance Committee shall meet at least twice every year to examine the accounts and to scrutinise proposals for expenditure. (6) The annual accounts and the financial estimates of the University prepared by the Finance Officer shall be laid before the Finance Committee for consideration and comments and thereafter submitted to the Executive Council for approval. (7) The Finance Committee shall recommend limits for the total recurring expenditure and the total non-recurring expenditure for the year, based on the income and resources of the University (which, in the case of productive works, may include the proceeds of loans). **20. Selection Committees.—(1) There shall be Selection Committees for making recommendations** to the Executive Council for appointment to the posts of Professor, Reader, Lecturer, Librarian and Principals of Colleges and Institutions maintained by the University. (2) The Selection Committee for appointment to the posts specified in column 1 of the Table below shall consist of the Vice-Chancellor, a Pro-Vice-Chancellor appointed by the Executive Council, a nominee of the Visitor and the persons specified in the corresponding entry in column 2 of the said Table: TABLE 1 2 Professor (i) The Head of the Department concerned, if he is a Professor. (ii) One Professor to be nominated by the Vice-Chancellor. (iii) Three persons not in the service of the University, nominated by the Executive Council, out of a panel of names recommended by the Academic Council for their special knowledge of or interest in the subject with which the Professor will be concerned. Reader/Lecturer (i) The Head of the Department concerned. (ii) One Professor to be nominated by the Vice-Chancellor. (iii) Two persons not in the service of the University, nominated by the Executive Council, out of a panel of names recommended by the Academic Council for their special knowledge of or interest in the subject with which the Reader or Lecturer will be concerned. 21 ----- Librarian 1 2 (i) Two persons not in the service of the University, who have special knowledge of the subject of Library Science/Library Administration to be nominated by the Executive Council. (ii) One person, not in the service of the University, nominated by the Executive Council. Principal of College or Institution maintained by the University Three persons not in the service of the University of whom two shall be nominated by the Executive Council and one by the Academic Council for their special knowledge of or interest in a subject in which instruction is being provided by the College or Institution. NOTE 1.—Where the appointment is being made for an inter-disciplinary project, the head of the project shall be deemed to be the Head of the Department concerned. NOTE 2.—The professor to be nominated shall be a Professor concerned with the speciality for which the selection is being made and that the Vice-Chancellor shall consult the Head of the Department and the Dean of School before nominating the professor. (3) The Vice-Chancellor, or in his absence, the senior-most Pro-Vice-Chancellor, shall preside at the meetings of a Selection Committee. (4) The meetings of a Selection Committee shall be convened by the Vice-Chancellor or in his absence, by the senior-most Pro-Vice-Chancellor. (5) The procedure to be followed by a Selection Committee in making recommendations shall be laid down in the Ordinances. (6) If the Executive Council is unable to accept the recommendations made by a Selection Committee, it shall record its reasons and submit the case to the Visitor for final orders. (7) Appointments to temporary posts shall be made in the manner indicated below:— (i) If the temporary vacancy is for a duration longer than one academic session, it shall be filled on the advice of the Selection Committee in accordance with the procedure indicated in the foregoing clauses: Provided that if the Vice-Chancellor is satisfied that in the interests of work it is necessary to fill the vacancy, the appointment may be made on a purely temporary basis by a local Selection Committee referred to in sub-clause (ii) for a period not exceeding six months. (ii) If the temporary vacancy is for a period less than a year, an appointment to such vacancy shall be made on the recommendation of a local Selection Committee consisting of the Dean of the School concerned, the Head of the Department and a nominee of the Vice-Chancellor: Provided that if the same person holds the offices of the Dean and the Head of the Department, the Selection Committee may contain two nominees of the Vice-Chancellor: Provided further that in case of sudden casual vacancies of teaching posts caused by death or any other reason, the Dean may, in consultation with the Head of the Department concerned, make a temporary appointment for a month and report to the Vice-Chancellor and the Registrar about such appointment. (iii) No teacher appointed temporarily shall, if he is not recommended by a regular Selection Committee for appointment under these Statutes, be continued in service on such temporary employment, unless he is subsequently selected by a local Selection Committee or a regular Selection Committee, for a temporary or permanent appointment, as the case may be. 22 ----- **21. Special mode of appointment.—(1) Notwithstanding anything contained in Statute 20, the** Executive Council may invite a person of high academic distinction and professional attainments to accept a post of Professor or Reader or any other academic post in University, as the case may be, on such terms and conditions as it deems fit, and on the person agreeing to do so, appoint him to the post. (2) The Executive Council may appoint a teacher or any other academic staff working in any other University or organisation for undertaking a joint project in accordance with the manner laid down in the Ordinances. **22. Appointment for a fixed tenure.—The Executive Council may appoint a person selected in** accordance with the procedure laid down in Statute 20 for a fixed tenure on such terms and conditions as it deems fit. **23. Recognised teachers.—(1) The qualifications of recognised teachers shall be such as may be** prescribed by the Ordinances. (2) All applications for the recognition of teachers shall be made in such manner as may be laid down in the Ordinances. (3) No teacher shall be recognised as a teacher except on the recommendation of a Selection Committee constituted for the purpose in the manner laid down in the Ordinances. (4) The period of recognition of a teacher shall be determined by Ordinances made in that behalf. (5) The Academic Council may, by a special resolution passed by a majority of not less than two-thirds of the members present and voting, withdraw recognition from a teacher: Provided that no such resolution shall be passed until a notice in writing has been given to the person concerned calling upon him to show cause, within such time as may be specified in the notice, why such resolution should not be passed and until his objections, if any, and any evidence he may produce in support of them, have been considered by the Academic Council. (6) Any person aggrieved by an order of withdrawal under clause (5) may, within three months from the date of communication to him of such order, appeal to the Executive Council which may pass such orders thereon as it thinks fit. **24. Committees.—Any authority of the University may appoint as many standing or special** committees as it may deem fit, and may appoint to such committees persons who are not members of such authority. Any such committee may deal with any subject delegated to it subject to subsequent confirmation by the authority appointing it. **25. Terms and conditions of service of University teachers.—(1) All the teachers of the University** shall, in the absence of any agreement to the contrary, be governed by the terms and conditions of service as specified in these Statutes, the Ordinances and the Regulations. (2) Every teacher of the University shall be appointed on a written contract, the form of which shall be prescribed by the Ordinances. A copy of the contract shall be deposited with the Registrar. **26. Seniority lists.—(1) Whenever, in accordance with these Statutes, any person is to hold an office** or be a member of an authority of the University by rotation according to seniority, such seniority shall be determined according to the length of continuous service of such person in his grade, and, in accordance with such other principles as the Executive Council may, from time to time, prescribe. 23 ----- (2) It shall be the duty of the Registrar to prepare and maintain, in respect of each class of persons to whom the provisions of these Statutes apply, a complete and up-to-date seniority list in accordance with the provisions of clause (1). (3) If two or more persons have equal length of continuous service in a particular grade or the relative seniority of any person or persons is otherwise in doubt, the Registrar may, on his own motion and shall, at the request of any such person, submit the matter to the Executive Council whose decision thereon shall be final. **27. Removal of teachers.—(1) Where there is an allegation of misconduct against a teacher, or a** member of the academic staff, the Vice-Chancellor may, if he thinks fit, by order in writing, place the teacher under suspension and shall forthwith report to the Executive Council the circumstances in which the order was made: Provided that the Executive Council may, if it is of the opinion, that the circumstances of the case do not warrant the suspension of the teacher or a member of the academic staff, revoke such order. (2) Notwithstanding anything contained in the terms of his contract of service or of his appointment, the Executive Council shall be entitled to remove a teacher or a member of the academic staff on the ground of misconduct. (3) Save as aforesaid, the Executive Council shall not be entitled to remove a teacher or a member of the academic staff except for good cause and after giving three months’ notice in writing or on payment of three months’ salary in lieu of notice. (4) No teacher or a member of the academic staff shall be removed under clause (2) or under clause (3) until he has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him. (5) The removal of a teacher or a member of the academic staff shall require a two-thirds majority of the members of the Executive Council present and voting. (6) The removal of a teacher or a member of the academic staff shall take effect from the date on which the order of removal is made: Provided that where a teacher or a member of the academic staff is under suspension at the time of his removal, the removal shall take effect from the date on which he was placed under suspension. (7) Notwithstanding anything contained in these Statutes, a teacher or a member of the academic staff may resign by giving three months’ notice in writing to the Executive Council or on payment of three months’ salary in lieu thereof. **28. Removal of employees other than teachers of the University.—(1) Notwithstanding anything** contained in the terms of his contract of service or of his appointment, an employee, other than a teacher or a member of the academic staff, may be removed by the authority which is competent to appoint the employee— (a) if he is of unsound mind or is a deaf-mute or suffers from contagious leprosy; (b) if he is an undischarged insolvent; (c) if he has been convicted by a court of law of any offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than six months; (d) if he is otherwise guilty of misconduct: Provided that no employee shall be removed from his office unless a resolution to that effect is passed by the Executive Council by a majority of two-thirds of its members present and voting. (2) No employee shall be removed under clause (1) until he has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him. 24 ----- (3) Where the removal of such employee is for a reason other than that specified in sub-clause (c) or sub-clause (d) of clause (1), he shall be given three months’ notice in writing or paid three months’ salary in lieu of such notice. (4) Notwithstanding anything contained in these Statutes, an employee, not being a teacher or a member of the academic staff, shall be entitled to resign,— (i) if he is a permanent employee, only after giving three months’ notice in writing to the appointing authority or paying to the University three months’ salary in lieu thereof; (ii) if he is not a permanent employee, only after giving one month’s notice in writing to the appointing authority or paying to the University one month’s salary in lieu thereof: Provided that such resignation shall take effect from the date on which the resignation is accepted by the appointing authority. **29. Honorary degrees.—(1) The Executive Council may, on the recommendation of the Academic** Council and by a resolution passed by a majority of not less than two-thirds of the members present and voting, make proposals to the Visitor for the conferment of honorary degrees: Provided that in case of emergency, the Executive Council may, on its own, make such proposals. (2) The Executive Council may, by a resolution passed by a majority of not less than two-thirds of the members present and voting, withdraw, with the previous sanction of the Visitor, any honorary degree conferred by the University. **30. Withdrawal of degrees, etc.—The Executive Council may, by a special resolution passed by a** majority of not less than two-thirds of the members present and voting, withdraw any degree or academic distinction conferred on, or any certificate or diploma granted to, any person by the University for good and sufficient cause: Provided that no such resolution shall be passed until a notice in writing has been given to that person calling upon him to show cause within such time as may be specified in the notice why such a resolution should not be passed and until his objections, if any, and any evidence he may produce in support of them, have been considered by the Executive Council. **31. Maintenance of discipline among students of the University.—(1) All powers relating to** discipline and disciplinary action in relation to students of the University shall vest in the Vice-Chancellor. (2) The Vice-Chancellor may delegate all or any of his powers as he deems proper to a Proctor and to such other officers as he may specify in this behalf. (3) Without prejudice to the generality of his powers relating to the maintenance of discipline and taking such action, as may seem to him appropriate for the maintenance of discipline, the Vice-Chancellor may, in the exercise of his powers, by order, direct that any student or students be expelled, or rusticated, for a specified period, or be not admitted to a course or courses of study in a College, Institution or Department of the University for a stated period, or be punished with fine for an amount to be specified in the order, or be debarred from taking an examination or examinations conducted by the University, College, Institution or a Department for one or more years, or that the results of the student or students concerned in the examination or examinations in which he or they have appeared be cancelled. (4) The Principals of Colleges, Institutions, Heads of Special Centres, Deans of Schools of Studies and Heads of teaching Departments in the University shall have the authority to exercise all such disciplinary powers over the students in their respective Colleges, Institutions, Special Centres, Schools and teaching Departments in the University as may be necessary for the proper conduct of such Colleges, Institutions, Special Centres, Schools and teaching in the Departments. 25 ----- (5) Without prejudice to the powers of the Vice-Chancellor, the Principals and other persons specified in clause (4), detailed rules of discipline and proper conduct shall be made by the University. The Principals of Colleges, Institutions, Heads of Special Centres, Deans of Schools of Studies and Heads of teaching Departments in the University may also make the supplementary rules as they deem necessary for the aforesaid purposes. Every student shall be supplied with a copy of the rules made by the University and a copy of the supplementary rules shall be supplied to the students concerned. (6) At the time of admission, every student shall be required to sign a declaration to the effect that he submits himself to the disciplinary jurisdiction of the Vice-Chancellor and other authorities of the University. **32. Maintenance of discipline among students of Colleges, etc.—All powers relating to discipline** and disciplinary action in relation to students of a College or an Institution, not maintained by the University, shall vest in the Principal of the College or Institution, as the case may be, in accordance with the procedure prescribed by the Ordinances. **33. Admission of Colleges, etc., to the privileges of the University.—(1) Colleges and other** Institutions situated within the jurisdiction of the University may be admitted to such privileges of the University as the Executive Council may decide on the following conditions, namely:— (i) Every such College or Institution shall have a regularly constituted Governing Body, consisting of not more than fifteen persons approved by the Executive Council and including, among others, two teachers of the University to be nominated by the Executive Council and three representatives of the teaching staff of whom the Principal of the College or Institution shall be one. The procedure for appointment of members of the Governing Body and other matters affecting the management of a College or an Institution shall be prescribed by the Ordinances: Provided that the said condition shall not apply in the case of Colleges and Institutions maintained by Government which shall, however, have an Advisory Committee consisting of not more than fifteen persons which shall consist of, among others, three teachers including the Principal of the College or Institution, and two teachers of the University nominated by the Executive Council. (ii) Every such College or Institution shall satisfy the Executive Council on the following matters, namely:— (a) The suitability and adequacy of its accommodation and equipment for teaching; (b) the qualifications and adequacy of its teaching staff and the conditions of their service; (c) the arrangements for the residence, welfare, discipline and supervision of students; (d) the adequacy of financial provision made for the continued maintenance of the College or Institution; and (e) such other matters as are essential for the maintenance of the standards of University education. (iii) No College or Institution shall be admitted to any privileges of the University except on the commendation of the Academic Council made after considering the report of a Committee of Inspection appointed for the purpose by the Academic Council. (iv) Colleges and Institutions desirous of admission to any privileges of the University shall be required to intimate their intention to do so in writing so as to reach the Registrar not later than the 15th August, preceeding the year from which permission applied for is to have effect. 26 ----- (v) A College or an Institution shall not, without the previous permission of the Executive Council and the Academic Council, suspend instruction in any subject or course of study which it is authorised to teach and teaches. (2) Appointment to the teaching staff and Principals of Colleges or Institutions admitted to the privileges of the University shall be made in the manner prescribed by the Ordinances: Provided that nothing in this clause shall apply to Colleges and Institutions maintained by Government. (3) The service conditions of the administrative and other non-academic staff of every College or Institution, referred to in clause (2) shall be such as may be laid down in the Ordinances: Provided that nothing in this clause shall apply to Colleges and Institutions maintained by Government. (4) Every College or Institution admitted to the privileges of the University shall be inspected at least once in every two academic years by a Committee appointed by the Academic Council, and the report of that Committee shall be submitted to the Academic Council, which shall forward the same to the Executive Council with such recommendations as it may deem fit to make. The Executive Council, after considering the report and the recommendations, if any, of the Academic Council, shall forward a copy of the report to the Governing Body of the College or Institution with such remarks, if any, as it may deem fit, for suitable action. (5) The Executive Council may, after consulting the Academic Council, withdraw any privileges granted to a College or Institution, at any time it considers that the College or Institution does not satisfy any of the conditions on the fulfilment of which the College or Institution was admitted to such privileges: Provided that before any privileges are so withdrawn, the Governing Body of the College or Institution concerned shall be given an opportunity to represent to the Executive Council why such action should not be taken. (6) Subject to the conditions set forth in clause (1), the Ordinances may prescribe— (i) such other conditions as may be considered necessary; (ii) the procedure for the admission of Colleges and Institutions to the privileges of the University and for the withdrawal of those privileges. **34. Convocations.—Convocations of the University for the conferring of degrees or for other** purposes shall be held in such manner as may be prescribed by the Ordinances. **35. Acting Chairman of meetings.—Where no provision is made for a President or Chairman to** preside over a meeting of any authority of the University or any Committee of such authority or when the President or Chairman so provided for is absent, the members present shall elect one from among themselves to preside at such meeting. **36. Resignation.—Any member, other than an** _ex-officio member of the Court, the Executive_ Council, the Academic Council or any other authority of the University or any Committee of such authority may resign by letter addressed to the Registrar and the resignation shall take effect as soon as such letter is received by the Registrar. **37. Disqualifications.—(1) A person shall be disqualified for being chosen as, and for being, a** member of any of the authorities of the University— (a) if he is of unsound mind or is a deaf-mute or suffers from contagious leprosy; (b) if he is an undischarged insolvent; 27 ----- (c) if he has been convicted by court of law of an offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than six months. (2) If any question arises as to whether a person is or had been subjected to any of the disqualifications mentioned in clause (1), the question shall be referred for the decision of the Visitor and his decision shall be final and no suit or other proceeding shall lie in any civil court against such decision. **38. Residence condition for membership and office.—Notwithstanding anything contained in these** Statutes, no person who is not ordinarily resident in India shall be eligible to be an officer of the University or a member of any authority of the University. **39. Membership of authorities by virtue of membership of other bodies.—Notwithstanding** anything contained in these Statutes, a person who holds any post in the University or is a member of any authority or body of the University in his capacity as a member of a particular authority or body or as the holder of a particular appointment shall hold such office or membership only for so long as he continues to be a member of that particular authority or body or the holder of that particular appointment, as the case may be. **40. Alumni Association.—(1) There shall be an Alumni Association for the University.** (2) The subscription for membership of the Alumni Association shall be prescribed by the Ordinances. (3) No member of the Alumni Association shall be entitled to vote or stand for election unless he has been a member of the Association for at least one year prior to the date of the election and is a graduate of the University of at least five years’ standing: Provided that the condition relating to the completion of one year’s membership shall not apply in the case of the first election. **41. Ordinances how made.—(1) The first Ordinances made under sub-section (2) of section 26 may** be amended, repealed or added to at any time by the Executive Council in the manner specified below. (2) No Ordinance in respect of the matters enumerated in section 26, other than those enumerated in clause (n) of sub-section (1) thereof, shall be made by the Executive Council unless a draft of such Ordinance has been proposed by the Academic Council. (3) The Executive Council shall not have power to amend any draft of any Ordinance proposed by the Academic Council under clause (2), but may reject the proposal or return the draft to the Academic Council for re-consideration, either in whole or in part, together with any amendment which the Executive Council may suggest. (4) Where the Executive Council has rejected or returned the draft of an Ordinance proposed by the Academic Council, the Academic Council may consider the question afresh and in case the original draft is re-affirmed by a majority of not less than two-thirds of the members present and voting and more than half the total number of members of the Academic Council, the draft may be sent back to the Executive Council which shall either adopt it or refer it to the Visitor whose decision shall be final. (5) Every Ordinance made by the Executive Council shall come into effect immediately. (6) Every Ordinance made by the Executive Council shall be submitted to the Visitor within two weeks from the date of its adoption. The Visitor shall have the power to direct the University within four weeks of the receipt of the Ordinance to suspend the operation of any such Ordinance and he shall, as soon as possible, inform the Executive Council about his objection to the proposed Ordinance. The Visitor may, after receiving the comments of the University, either withdraw the order suspending the Ordinance or disallow the Ordinance, and his decision shall be final. 28 ----- **42. Regulations.—(1) The authorities of the University may make Regulations consistent with this** Act, and these 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 are required by this Act, these Statutes or the Ordinances to be prescribed by Regulations; (c) providing for all other matters solely concerning such authorities or committees appointed by them and not provided for by this Act, these Statutes or the Ordinances. (2) Every authority of the University shall make Regulations providing for the giving of notice to the members of such authority of the dates of meetings and of the business to be considered at meetings and for the keeping of a record of the proceedings of meetings. (3) The Executive Council may direct the amendment in such manner as it may specify, of any Regulation made under this Statute or the annulment of any such Regulation. **43. Delegation of powers.—Subject to the provisions of this Act and these Statutes, any officer or** authority of the University may delegate his or its powers to any other officer or authority or person under his or its respective control and subject to the condition that overall responsibility for the exercise of the powers so delegated shall continue to vest in the officer or authority delegating such powers. 29 -----

5-Dec-1973

50

The Authoritative Texts (Central Laws) Act, 1973

https://www.indiacode.nic.in/bitstream/123456789/1388/3/A1973-50.pdf

central

THE AUTHORITATIVE TEXTS (CENTRAL LAWS) ACT, 1973 ___________ ARRANGEMENT OF SECTIONS _________ SECTIONS 1. Short title and commencement. 2. Authoritative texts of Central laws in certain languages. 3. Power to make rules. 1 ----- # THE [2][AUTHORITATIVE TEXTS] (CENTRAL LAWS) ACT, 1973 ACT NO. 50 OF 1973 [5th December, 1973.] An Act to provide for [1][authoritative texts] of Central laws in certain languages. BE it enacted by Parliament in the Twenty-fourth Year of the Republic of India as follows:— **1. Short title and commencement.—(1) This Act may be called the** [2][Authoritative Texts] (Central Laws) Act, 1973. (2) It shall come into force on such date[3] as the Central Government may, by notification in the Official Gazette, appoint. **2.** [4][Authoritative texts] of Central laws in certain languages.—A translation in any language (other than Hindi) specified in the Eighth Schedule to the Constitution, published under the authority of the President in the Official Gazette,— (a) of any Central Act or of any Ordinance promulgated by the President, or (b) of any order, rule, regulation or bye-law issued under the Constitution or under any Central Act, shall be deemed to be the [4][authoritative text] thereof in such language. **3. 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) 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 18 of 1988, s. 2, for “authorised translations” (w.e.f. 31-3-1988). 2. Subs. by s. 3, ibid., for “Authorised Translations” (w.e.f. 31-3-1988). 3. 1st July, 1981, _vide_ notification No. S.O. 482(E), dated 15th June, 1981, _see Gazette of India, Extraordinary, Part II,_ sec. 3(ii). 4. Subs. by Act 18 of 1988, s. 4, for “authorised translation” (w.e.f. 31-3-1988). 2 -----

1-Jan-1974

01

The Delhi Urban Art Commission Act, 1973

https://www.indiacode.nic.in/bitstream/123456789/1601/3/A1974-01.pdf

central

# THE DELHI URBAN ART COMMISSION ACT, 1973 _______ ARRANGEMENT OF SECTIONS ________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. CHAPTER II ESTABLISHMENT OF THE COMMISSION 3. Establishment of the Commission. 4. Composition of the Commission. 5. Terms and conditions of service of members. 6. Meetings of the Commission. 7. Vacancies amongst members or defect in constitution not to invalidate acts or proceedings of the Commission. 8. Temporary association of persons with the Commission for particular purposes. 9. Appointment of staff of the Commission. 10. Authentication of orders and other instrument of the Commission. CHAPTER III FUNCTIONS AND POWERS OF THE COMMISSION 11. Functions of the Commission. 12. Duty of local bodies to refer development proposals, etc., to the Commission. 13. Appeal to the Central Government in certain cases. 14. Power to revise decision in certain cases. 15. Powers of the Commission. CHAPTER IV FUND, ACCOUNTS AND AUDIT 16. Payment to the Commission. 17. Fund of the Commission. 18. Budget. 19. Annual report. 20. Accounts and audit. CHAPTER V MISCELLANEOUS 21. Returns and information. 22. Power to exempt. 1 ----- SECTIONS 23. Delegation of powers. 24. Members and officers of the Commission to be public servants. 25. Protection of action taken in good faith. 26. Power to make rules. 27. Power to make regulations. 2 ----- # THE DELHI URBAN ART COMMISSION ACT, 1973 ACT NO. 1 OF 1974 [1st January, 1974.] # An Act to provide for the establishment of the Delhi Urban Art Commission with a view to preserving, developing and maintaining the aesthetic quality of urban and environmental design within Delhi. BE it enacted by Parliament in the Twenty-fourth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title, extent and commencement.—(1) This Act may be called the Delhi Urban Art** Commission Act, 1973. (2) It extends to the whole of the Union territory of Delhi. (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) “building” includes any structure or erection or part of a structure or erection which is intended to be used for residential, industrial, commercial or other purposes, whether in actual use or not; (b) “building operations” includes rebuilding operations, structural alterations of, or additions to, buildings and other operations normally undertaken in connection with the construction of buildings; (c) “Commission” means the Delhi Urban Art Commission established under section 3; (d) “Delhi” means the Union territory of Delhi; (e) “development” with its grammatical variations means the carrying out of building, engineering, mining or other operations in, on, over or under, land or the making of any material change in any building or land and includes re-development; (f) “engineering operations” includes the formation or laying out of means of access to a road or the laying out of means of water supply; (g) “local body” means the Delhi Municipal Corporation established under the Delhi Municipal Corporation Act, 1957 (66 of 1957), the New Delhi Municipal Committee constituted under the Punjab Municipal Act, 1911 (Punjab Act III of 1911), as in force in Delhi, the Delhi Development Authority constituted under the Delhi Development Act, 1957 (61 of 1957), or any other local authority concerned with urban development of Delhi; (h) “member” means a member of the Commission and includes its Chairman; (i) “public amenity” includes road, water supply, street lighting, drainage, sewerage, public works and such other convenience as the Central Government may, by notification in the Official Gazette, specify to be a public amenity for the purposes of this Act; (j) “regulation” means a regulation made under this Act by the Commission; (k) “rule” means a rule made under this Act by the Central Government. 1. 1st May, 1974, vide notification No. G.S.R. 189(E), dated the 27th April, 1974, see Gazette of India, Extraordinary, Part II, sec. 3(i). 3 ----- CHAPTER II ESTABLISHMENT OF THE COMMISSION **3. 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 Delhi Urban Art Commission. (2) The Commission 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 shall by the said name sue or be sued. **4. Composition of the Commission.—The Commission shall consist of a Chairman and such** number of other members, being not less than two and not more than four as the Central Government may, by notification in the Official Gazette, appoint from amongst persons who, in the opinion of the Central Government, have sensibility and interest in the plastic and visual arts and urban environment, or possess special knowledge or practical experience in respect of architecture or art. **5. Terms and conditions of service of members.—(1) A member shall, unless his appointment is** terminated earlier by the Central Government, hold office for a term of three years from the date of his appointment. (2) A person who holds, or who has held, office as Chairman or member shall be eligible for re-appointment to that office once, but only once. (3) 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. (4) A casual vacancy caused by the resignation of a member under sub-section (3) or for any other reason, shall be filled by fresh appointment. (5) A member may be appointed either as a whole-time or part-time member as the Central Government thinks fit. (6) Subject to the foregoing provisions, the terms and conditions of service of the Chairman and other members shall be such as may be prescribed by rules. **6. 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 prescribed by regulations. **7. Vacancies amongst members or defect in constitution not to invalidate acts or proceedings of** **the Commission.—No act or proceeding of the Commission shall be deemed to be invaild by reason** merely of any vacancy in, or any defect in the constitution of, the Commission. **8. 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, 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 for any other purpose. **9. Appointment of staff of the Commission.—(1) The Central Government shall, in consultation** with the Commission, appoint a Secretary of the Commission who shall hold office during the pleasure of the Central Government: Provided that the first appointment of the Secretary may be made by the Central Government without consultation with the Commission. (2) The terms and conditions of service of the Secretary shall be such as may be prescribed by rules. 4 ----- (3) Subject to any rules, the Commission may appoint 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 so appointed shall be such as may be determined by regulations. **10. Authentication of orders and other instrument of the Commission.—All orders and decisions** and other instruments of the Commission shall be authenticated by the signature of the Secretary or any other officer of the Commission duly authorised by it in this behalf. CHAPTER III FUNCTIONS AND POWERS OF THE COMMISSION **11. Functions of the Commission.—(1) It shall be the general duty of the Commission to advise the** Central Government in the matter of preserving, developing and maintaining the aesthetic quality of urban and environmental design within Delhi and to provide advice and guidance to any local body in respect of any project of building operations or engineering operations or any development proposal which affects or is likely to affect the sky-line or the aesthetic quality of surroundings or any public amenity provided therein. (2) Subject to the provisions of sub-section (1), it shall be the duty of the Commission to scrutinise, approve, reject or modify proposals in respect of the following matters, namely:— (a) development of district centres, civic centres, areas earmarked for Government administrative buildings and for residential complexes, public parks and public gardens; (b) re-development of the area within the jurisdiction of New Delhi Municipal Committee including Connaught Place Complex and its environs, Central Vista, the entire bungalow area of Lutyen’s New Delhi, and such other areas as the Central Government may, by notification in the Official Gazette, specify; (c) plans, architectural expressions and visual appearance of new buildings in the centres, areas, parks and gardens specified in clauses (a) and (b) including selections of models for statues and fountains therein; (d) re-development of areas in the vicinity of Jama Masjid, Red Fort, Qutab, Humayun’s Tomb, Old Fort, Tuglakabad and of such other places of historical importance as the Central Government may, by notification in the Official Gazette, specify; (e) conservation, preservation and beautification of monumental buildings, public parks and public gardens including location or installation of statues or fountains therein; (f) under passes, over-passes and regulations of street furniture and hoardings; (g) location and plans of power houses, water towers, television and other communication towers and other allied structures; (h) any other projects or lay-out which is calculated to beautify Delhi or to add to its cultural vitality or to enhance the quality of the surroundings thereof; (i) such other matters as may be prescribed by rules. _Explanation.—For the purposes of this sub-section,—_ (i) “civic centre” means the headquarters of a local body comprising therein its office buildings and buildings intended for cultural activities; (ii) “Connaught Place Complex” means the area comprising Connaught Place and its extension measuring approximately 140 hectares, being the area described as Zone D-I (Revised) in the Delhi Master Plan; (iii) “district centre” means a self-contained unit created in the Delhi Master Plan comprising areas for retail shopping, general business, commercial and professional offices, forwarding, booking and Government offices, cinemas, restaurants and other places of entertainment. 5 ----- (3) Without prejudice to the provisions contained in sub-section (1) and sub-section (2), the Commission may suo motu promote and secure the development, re-development or beautification of any areas in Delhi in respect of which no proposals in that behalf have been received from any local body. **12. Duty of local bodies to refer development proposals, etc., to the Commission.—** Notwithstanding anything contained in any other law for the time being in force, every local body shall, before according approval in respect of any building operations, engineering operations or development proposals referred to in sub-section (1) of section 11 or intended to be undertaken in any area or locality specified in sub-section (2) of that section, refer the same to the Commission for scrutiny and the decision of the Commission in respect thereof shall be binding on such local body. **13. Appeal to the Central Government in certain cases.—If any local body is aggrieved by a** decision of the Commission in respect of any building operation, engineering operation or development proposal intended to be undertaken or notified, as the case may be, by that local body and referred to the Commission under section 12, the local body may, within sixty days from the date of such decision, prefer an appeal to the Central Government, and the Central Government may pass such order thereon as it deems fit. **14. Power to revise decision in certain cases.—Nothing contained in this Act shall preclude the** Central Government from calling for and examining, on its own motion, if it considers it necessary so to do in the public interest, any case in which a decision has been made by the Commission under section 12 but no appeal lies thereto, and passing such order thereon as it thinks fit: Provided that no such order shall be made prejudicially affecting any person except after giving him an opportunity of making a representation in the matter. **15. Powers of the Commission.—for the purpose of performing its functions under this Act, the** Commission shall have the same powers as are vested in 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; (b) requiring discovery and production of any documents; (c) receiving evidence on affidavits; (d) requisitioning any public record or copies thereof from any office; (e) any other matter which may be prescribed by rules. CHAPTER IV FUND, ACCOUNTS AND AUDIT **16. 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 the Central Government may consider necessary for the performance of the functions of the Commission under this Act. **17. 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 shall be carried to the fund of the Commission and all payments by the Commission shall be made therefrom. (2) 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. (3) All moneys in the fund shall be deposited in such bank or invested in such manner as may, subject to the approval of the Central Government, be decided by the Commission. **18. Budget.—The Commission shall prepare, in such form and within such time, each year as may be** prescribed by rules, 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. 6 ----- **19. Annual report.—The Commission shall prepare once every year, in such form and within such** time as may be prescribed by rules, 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 Central Government shall cause every such report to be laid before both Houses of Parliament. **20. Accounts and audit.—(1) The Commission shall cause to be maintained such books of accounts** and other books in relation to its accounts in such form and in such manner as may, in consultation with the Comptroller and Auditor-General of India, be prescribed by rules. (2) The Commission shall, as soon as may be after closing its annual accounts, prepare a statement of accounts in such form as may be prescribed by rules, and forward the same to the Comptroller and Auditor-General of India by such date, as the Central Government may, in consultation with the Comptroller and Auditor-General of India, determine. (3) The accounts of the Commission shall be audited by the Comptroller and Auditor-General of India 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 Central 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 appropriate action on the matters arising out of the audit report. CHAPTER V MISCELLANEOUS **21. Returns and information.—The Commission shall furnish to the Central Government such** returns or other information with respect to its fund or activities as the Central Government may, from time to time, require. **22. Power to exempt.—The Central Government may, subject to such conditions as may be** prescribed by rules in this behalf, exempt any building, building operation or engineering operation which has been designed as a result of an architectural competition, from the operation of all or any of the provisions of this Act. **23. Delegation of powers.—The Commission may, by general or special order in writing, delegate to** the Chairman or any other member or any officer of the Commission, 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 Commission. **24. Members and officers of the Commission to be public servants.—All members and officers of** the Commission 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). **25. Protection of action taken in good faith.—No suit or other legal proceeding shall lie against any** member or officer of the Commission in respect of anything which is in good faith done or intended to be done in pursuance of this Act. **26. 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, if any, allowances and other terms and conditions of service of members of the Commission; (b) the terms and conditions of service of the Secretary of the Commission; (c) the matters in respect of which the Commission may tender advice to the Central Government under clause (i) of sub-section (2) of section 11; (d) the form in which, and the time within which, the budget and annual report of the Commission may be prepared and forwarded to the Central Government; 7 ----- (e) the form and manner in which the accounts of the Commission may be maintained, and the time at which, and the manner in which, such accounts may be audited; (f) the returns and information which the Commission may be required to furnish to the Central Government; (g) the conditions subject to which any building, building operation or engineering operation, designed as a result of an architectural competition, may be exempted; (h) any other matter which has to be or may be prescribed by rules. (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. **27. Power to make regulations.—[1][(1)] The Commission may, with the previous approval of the** Central Government, by notification in the Official Gazette, make regulations consistent with this Act and the rules made thereunder for— (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 8: (c) determining the terms and conditions of service of persons appointed by the Commission under sub-section (3) of section 9; (d) any other matter which has to be or may be prescribed by regulations. 2[(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. Section 27 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. 2 and the Schedule, ibid. (w.e.f. 15-5-1986). 8 -----

23-Mar-1974

06

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

https://www.indiacode.nic.in/bitstream/123456789/1612/3/A1974-06.pdf

central

# THE WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974 ARRANGEMENT OF SECTIONS CHAPTER I PRELIMINARY SECTIONS 1. Short title, application and commencement. 2. Definitions. CHAPTER II THE CENTRAL AND STATE BOARDS FOR PREVENTION AND CONTROL OF WATER POLLUTION 3. Constitution of Central Boards. 4. Constitution of State Board. 5. Terms and conditions of service of members. 6. Disqualifications. 7. Vacation of seats by members. 8. Meetings of Board. 9. Constitution of committees. 10. Temporary association of persons with Board for particular purposes. 11. Vacancy in Board not to invalidate acts or proceedings. 11A. Delegation of powers to Chairman. 12. Member-secretary and officers and other employees of Board. CHAPTER III JOINT BOARDS 13. Constitution of Joint Board. 14. Composition of Joint Boards. 15. Special provision relating to giving of directions. CHAPTER IV POWERS AND FUNCTIONS OF BOARDS 16. Functions of Central Board. 17. Functions of State Board. 18. Powers to give directions. CHAPTER V PREVENTION AND CONTROL OF WATER POLLUTION 19. Power of State Government to restrict the application of the Act to certain areas. 20. Power to obtain information. 21. Power to take samples of effluents and procedure to be followed in connection therewith. 1 ----- SECTIONS 22. Reports of the result of analysis on samples taken under section 21. 23. Power of entry and inspection. 24. Prohibition on use of stream or well for disposal of polluting matter, etc. 25. Restrictions on new outlets and new discharges. 26. Provision regarding existing discharge of sewage or trade effluent. 27. Refusal or withdrawal of consent by State Board. 27A. Power to issue guidelines. 28. Appeals. 29. Revision. 30. Power of State Board to carry out certain works. 31. Furnishing of information to State Board and other agencies in certain cases. 32. Emergency measures in case of pollution of stream or well. 33. Power of Board to make application to courts for restraining apprehended pollution of water in streams or wells. 33A. Power to give directions. 33B. Appeal to National Green Tribunal. CHAPTER VI FUNDS, ACCOUNTS AND AUDIT 34. Contributions by Central Government. 35. Contributions by State Government. 36. Fund of Central Board. 37. Fund of State Board. 37A. Borrowing powers of Board. 38. Budget. 39. Annual report. 40. Accounts and audit. CHAPTER VII PENALTIES AND PROCEDURE 41. Failure to comply provisions of section 20 or directions issued thereunder. 41A. Failure to comply with provisions of section 32, or directions issued under section 33 or section 33A. 42. Penalty for certain acts. 43. Penalty for contravention of provisions of section 24. 44. Penalty for contravention of section 25 or section 26. 45. [Omitted.]. 45A. Penalty for contravention of certain provisions of the Act. 45B. Adjudicating officer. 2 ----- SECTIONS 45C. Appeal. 45D. Penalty amount to be credited to Environmental Protection Fund. 45E. Offences for failure to comply with provisions of section 25 or 26 and for failure to pay penalty. 46. Publication of names of offenders. 47. [Omitted.]. 48. Penalty for contravention by Government Department. 49. Cognizance of offences. 50. Members, officers and servants of Board to be public servants. CHAPTER VIII MISCELLANEOUS 51. Central Water Laboratory. 52. State Water Laboratory. 53. Analysts. 54. Reports of analysts. 55. Local authorities to assist. 56. Compulsory acquisition of land for the State Board. 57. Returns and reports. 58. Bar of jurisdiction. 59. Protection of action taken in good faith. 60. Overriding effect. 61. Power of Central Government to supersede the Central Board and Joint Boards. 62. Power of State Government to supersede State Board. 63. Power of Central Government to make rules. 64. Power of State Government to make rules. 3 ----- # THE WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974 ACT NO. 6 OF 1974 [23rd March, 1974.] # An Act to provide for the prevention and control of water pollution and the maintaining or restoring of wholesomeness of water, for the establishment, with a view to carrying out the purposes aforesaid, of Boards for the prevention and control of water pollution, for conferring on and assigning to such Boards powers and functions relating thereto and for matters connected therewith. WHEREAS it is expedient to provide for the prevention and control of water pollution and the maintaining or restoring of wholesomeness of water, for the establishment, with a view to carrying out the purposes aforesaid, of Boards for the prevention and control of water pollution and for conferring on and assigning to such Boards powers and functions relating thereto; AND WHEREAS Parliament has no power to make laws for the States with respect to any of the matters aforesaid except as provided in articles 249 and 250 of the Constitution; AND WHEREAS in pursuance of clause (1) of article 252 of the Constitution resolutions have been passed by all the Houses of the Legislatures of the States of Assam, Bihar, Gujarat, Haryana, Himachal Pradesh, Jammu and Kashmir, Karnataka, Kerala, Madhya Pradesh, Rajasthan, Tripura and West Bengal to the effect that the matters aforesaid should be regulated in those States by Parliament by law. BE it enacted by Parliament in the Twenty-fifth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1.** **Short title, application and commencement.—(1) This Act may be called the Water (Prevention** and Control of Pollution) Act, 1974. (2) It applies in the first instance to the whole of the States of Assam, Bihar, Gujarat, Haryana, Himachal Pradesh, Jammu and Kashmir, Karnataka, Kerala, Madhya Pradesh, Rajasthan, Tripura and West Bengal and the Union territories; and it shall apply to such other State which adopts this Act by resolution passed in that behalf under clause (1) of article 252 of the Constitution. (3) It shall come into force, at once in the States of Assam, Bihar, Gujarat, Haryana, Himachal Pradesh, Jammu and Kashmir, Karnataka, Kerala, Madhya Pradesh, Rajasthan, Tripura and West Bengal and in the Union territories, and in any other State which adopts this Act under clause (1) of article 252 of the Constitution on the date of such adoption and any reference in this Act to the commencement of this Act shall, in relation to any State or Union territory, mean the date on which this Act comes into force in such State or Union territory. **2.** **Definitions.—In this Act, unless the context otherwise requires,—** (a) “Board” means the Central Board or a State Board; 1[(b) “Central Board” means the Central Pollution Control Board constituted under section 3;] (c) “member” means a member of a Board and includes the chairman thereof; 2[(d) “occupier”, in relation to any factory or premises, means the person who has control over the affairs of the factory or the premises, and includes, in relation to any substance, the person in possession of the substance;] 1. Subs. by Act 53 of 1988, s. 2, for clause (b) (w.e.f. 29-9-1988). 2. Subs. by s. 2, ibid., for clause (d) (w.e.f. 29-9-1988). 4 ----- 1[(dd) “outlet” includes any conduit pipe or channel, open or closed, carrying sewage or trade effluent or any other holding arrangement which causes, or is likely to cause, pollution;] (e) “pollution” means such contamination of water or such alteration of the physical, chemical or biological properties of water or such discharge of any sewage or trade effluent or of any other liquid, gaseous or solid substance into water (whether directly or indirectly) as may, or is likely to, create a nuisance or render such water harmful or injurious to public health or safety, or to domestic, commercial, industrial, agricultural or other legitimate uses, or to the life and health of animals or plants or of acquatic organisms; (f) “prescribed” means prescribed by rules made under this Act by the Central Government or, as the case may be, the State Government; (g) “sewage effluent” means effluent from any sewerage system or sewage disposal works and includes sullage from open drains; 1[(gg) “sewer” means any conduit pipe or channel, open or closed, carrying sewage or trade effluent;] 2[(h) “State Board” means a State Pollution Control Board constituted under section 4;] (i) “State Government” in relation to a Union territory means the Administrator thereof appointed under article 239 of the Constitution; (j) “stream” includes— (i) river; (ii) water course (whether flowing or for the time being dry); (iii) inland water (whether natural or artificial); (vi) sub-terranean waters; (v) sea or tidal waters to such extent or, as the case may be, to such point as the State Government may, by notification in the Official Gazette, specify in this behalf; (j) “trade effluent” includes any liquid, gaseous or solid substance which is discharged from any premises used for carrying on any [3][industry, operation or process, or treatment and disposal system], other than domestic sewage. CHAPTER II THE CENTRAL AND STATE BOARDS FOR PREVENTION AND CONTROL OF WATER POLLUTION 2. **Constitution of Central Boards.—(1) The Central Government shall, with effect from such date** (being a date not later than six months of the commencement of this Act in the States of Assam, Bihar, Gujarat, Haryana, Himachal Pradesh, Jammu and Kashmir, Karnataka, Kerala, Madhya Pradesh, Rajasthan, Tripura and West Bengal and in the Union territories) as it may, by notification in the Official Gazette, appoint, constitute a Central Board to be called the [4][Central Pollution Control Board] to exercise the powers conferred on and perform the functions assigned to that Board under this Act. (2) The Central Board shall consist of the following members, namely:— (a) a full-time chairman, being a person having special knowledge or practical experience in respect of [5][matters relating to environmental protection] or a person having knowledge and experience in administering institutions dealing with the matters aforesaid, to be nominated by the Central Government; 1. Ins. by Act 44 of 1978, s. 2 (w.e.f. 12-12-1978). 2. Subs. by Act 53 of 1988, s. 2, for clause (h) (w.e.f. 29-9-1988). 3. Subs. by s. 2, ibid., for “trade or industry” (w.e.f. 29-9-1988). 4. Subs. by s. 3, ibid., for “Central Board for the Prevention and Control of Water Pollution” (w.e.f. 29-9-1988). 5. Subs. by Act 44 of 1978, s. 3, for “matters relating to the use and conservation of water resources or the prevention and control of water pollution” (w.e.f. 12-12-1978). 5 ----- (b) [1][such number of officials, not exceeding five,] to be nominated by the Central Government to represent that Government; (c) such number of persons, not exceeding five, to be nominated by the Central Government, from amongst the members of the State Boards, of whom not exceeding two shall be from those referred to in clause (c) of sub-section (2) of section 4; (d) [2][such number of non-officials, not exceeding three,] to be nominated by the Central Government, to represent the interests of agriculture, fishery or industry or trade or any other interest which, in the opinion of the Central Government, ought to be represented; (e) two persons to represent the companies or corporations owned, controlled or managed by the Central Government, to be nominated by that Government; 3[(f) a full-time member-secretary, possessing qualifications, knowledge and experience of scientific, engineering or management aspects of pollution control, to be appointed by the Central Government.] (3) The Central Board shall be a body corporate with the name aforesaid having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property and to contract, and may, by the aforesaid name, sue or be sued. **4. Constitution of State Board.—(1) The State Government shall, with effect from such date [4]*** as** it may, by notification in the Official Gazette, appoint, constitute a [5][State Pollution Control Board], under such name as may be specified in the notification, to exercise the powers conferred on and perform the functions assigned to that Board under this Act. (2) A State Board shall consist of the following members, namely:— (a) a [6]*** chairman, being a person having special knowledge or practical experience in respect of 7[matters relating to environmental protection] or a person having knowledge and experience in administering institutions dealing with the matters aforesaid, to be nominated by the State Government 8[in such manner as may be prescribed by the central Government]: 9[Provided that the chairman may be either whole-time or part-time as the State Government may may think fit;] (b) [10][such number of officials, not exceeding five,] to be nominated by the State Government to represent that Government; (c) [11][such number of persons, not exceeding five,] to be nominated by the State Government from amongst the members of the local authorities functioning within the State; (d) [12][such number of non-officials, not exceeding three,] to be nominated by the State Government to represent the interests of agriculture, fishery or industry or trade or any other interest which, in the opinion of the State Government, ought to be represented; (e) two persons to represent the companies or corporations owned, controlled or managed by the State Government, to be nominated by that Government; 1. Subs. by Act 44 of 1978, s. 3, for “five officials” (w.e.f. 12-12-1978). 2. Subs. by s. 3, ibid., for “three non-officials” (w.e.f. 12-12-1978). 3. Subs. by Act 53 of 1988, s. 3, for clause (f) (w.e.f. 29-9-1988). 4. The brackets and words “(being a date not later than six months of the commencement of the Act in the State)” omitted by Act 44 of 1978, s. 4 (w.e.f. 12-12-1978). 5. Subs. by Act 53 of 1988, s. 4, for “State Board” (w.e.f. 29-9-1988). 6. The word “full-time” omitted by Act 44 of 1978, s. 4 (w.e.f. 12-12-1978). 7. Subs. by s. 4, ibid., for certain words (w.e.f. 12-12-1978). 8. Ins. by Act 5 of 2024, s. 2 (w.e.f. 15-2-2024). 9. The proviso ins. by Act 44 of 1978, s. 4, (w.e.f. 12-12-1978). 10. Subs. by s. 4, ibid., for “five officials” (w.e.f. 12-12-1978). 11. Subs. by s. 4, ibid., for “five persons” (w.e.f. 12-12-1978). 12. Subs. by s. 4, ibid., for “three non-officials” (w.e.f. 12-12-1978). 6 ----- 1[(f) a full-time member-secretary, possessing qualifications, knowledge and experience of scientific, engineering or management aspects of pollution control, to be appointed by the State Government.] (2) Every State Board shall be a body corporate with the name specified by the State Government in the notification 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 to contract, and may, by the said name, sue or be sued. (3) Notwithstanding anything contained in this section, no State Board shall be constituted for a Union territory and in relation to a Union territory, the Central Board shall exercise the powers and perform the functions of a State Board for that Union territory: Provided that in relation to any Union territory the Central Board may delegate all or any of its powers and functions under this sub-section to such person or body of persons as the Central Government may specify. **5. Terms and conditions of service of members.—(1) Save as otherwise provided by or under this** Act, a member of a Board, other than a member-secretary, shall hold office for a term of three years from the date of his nomination: Provided that a member shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office. 2[(2) The term of office of a member of a Board nominated under clause (b) or clause (e) of sub section (2) of section 3 or clause (b) or clause (e) of sub-section (2) of section 4 shall come to an end as soon as he ceases to hold the office under the Central Government or the State Government or, as the case may be, the company or corporation owned, controlled or managed by the Central Government or the State Government, by virtue of which he was nominated.] (3) The Central Government or, as the case may be, the State Government may, if it thinks fit, remove any member of a Board before the expiry of his term of office, after giving him a reasonable opportunity of showing cause against the same. (4) A member of a Board, other than the member-secretary, may at any time resign his office by writing under his hand addressed— (a) in the case of the chairman to the Central Government or, as the case may be, the State Government; and (b) in any other case, to the chairman of the Board, and the seat of the chairman or such other member shall thereupon become vacant. (5) A member of a Board, other than the member-secretary, shall be deemed to have vacated his seat if he is absent without reason, sufficient in the opinion of the Board, from three consecutive meetings of the Board, [3][or where he is nominated under clause (c) or clause (e) of sub-section (2) of section 3 or under clause (c) or clause (e) of sub-section (2) of section 4, if he ceases to be a member of the State Board or of the local authority or, as the case may be, of the company or corporation owned, controlled or managed by the Central Government or the State Government and such vacation of seat shall, in either case, take effect from such date as the Central Government or, as the case may be, the State Government may, by notification in the Official Gazette, specify]. (6) A casual vacancy in a Board shall be filled by a fresh nomination and the person nominated to fill the vacancy shall hold office only for the remainder of the term for which the member in whose place he was nominated. (7) A member of a Board [4][shall be eligible for renomination]. 1. Subs. by Act 53 of 1988, s. 3, for clause (f) (w.e.f. 29-9-1988). 2. Subs. by Act 44 of 1978, s. 5, for sub-section (2) (w.e.f. 12-12-1978). 3. Subs. by s. 5, ibid., for certain words, brackets, letters and figures (w.e.f. 12-12-1978). 4. Subs. by Act 53 of 1988, s. 5, for “shall not be eligible for renomination for more than two terms” (w.e.f. 29-9-1988). 7 ----- (8) The other terms and conditions of service of a member of a Board, other than the chairman and member-secretary, shall be such as may be prescribed. (9) The other terms and conditions of service of the chairman shall be such as may be prescribed [1][by the Central Government]. **6.** **Disqualifications.—(1) No person shall be a member of a Board, who—** (a) is, or at any time has been adjudged insolvent or has suspended payment of his debts or has compounded with his creditors, or (b) is of unsound mind and stands so declared by a competent court, or (c) is, or has been, convicted of an offence which, in the opinion of the Central Government or, as the case may be, of the State Government, involves moral turpitude, or (d) is, or at any time has been, convicted of an offence under this Act, or (e) has directly or indirectly by himself or by any partner, any share or interest in any firm or company carrying on the business of manufacture, sale or hire of machinery, plant, equipment, apparatus or fittings for the treatment of sewage or trade effluents, or (f) is a director or a secretary, manager or other salaried officer or employee of any company or firm having any contract with the Board, or with the Government constituting the Board, or with a local authority in the State, or with a company or corporation owned, controlled or managed by the Government, for the carrying out of sewerage schemes or for the installation of plants for the treatment of sewage or trade effluents, or (g) has so abused, in the opinion of the Central Government or as the case may be, of the State Government, his position as a member, as to render his continuance on the Board detrimental to the interest of the general public. (2) No order of removal shall be made by the Central Government or the State Government, as the case may be, under this section unless the member concerned has been given a reasonable opportunity of showing cause against the same. (3) Notwithstanding anything contained in sub-sections (1) and (7) of section 5, a member who has been removed under this section shall not be eligible for renomination as a member. **7.** **Vacation of seats by members.—If a member of a Board becomes subject to any of the** disqualifications specified in section 6, his seat shall become vacant. **8.** **Meetings of Board.—A Board shall meet at least once in every three months and shall observe** such rules of procedure in regard to the transaction of business at its meetings as may be prescribed: Provided that if, in the opinion of the chairman, any business of an urgent nature is to be transacted, he may convene a meeting of the Board at such time as he thinks fit for the aforesaid purpose. **9.** **Constitution of committees.—(1) A Board may constitute as many committees consisting wholly** of members or wholly of other persons or partly of members and partly of other persons, and for such purpose or purposes as it may think fit. (2) A committee constituted under this section shall meet at such time and at such place, and shall observe such rules of procedure in regard to the transaction of business at its meetings, as may be prescribed. (3) The members of a committee (other than the members of the Board) shall be paid such fees and allowances, for attending its meetings and for attending to any other work of the Board as may be prescribed. **10.** **Temporary association of persons with Board for particular purposes.—(1) A Board may** associate with itself in such manner, and for such purposes, as may be prescribed any person whose assistance or advice it may desire to obtain in performing any of its functions under this Act. 1. Ins. by Act 5 of 2024, s. 3, (w.e.f. 15-2-2024). 8 ----- (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. 1[(3) A person associated with the Board under sub-section (1) for any purpose shall be paid such fees and allowances, for attending its meetings and for attending to any other work of the Board, as may be prescribed.] **11.** **Vacancy in Board not to invalidate acts or proceedings.—No act or proceeding of a Board or** any committee thereof shall be called in question on the ground merely of the existence of any vacancy in, or any defect in the constitution of, the Board or such committee, as the case may be. **2[11A. Delegation of powers to Chairman.—The Chairman of a Board shall exercise such powers** and perform such duties as may be prescribed or as may, from time to time, be delegated to him by the Board.] **12. Member-secretary and officers and other employees of Board.—(1) The terms and conditions** of service of the member-secretary shall be such as may be prescribed. (2) The member-secretary shall exercise such powers and perform such duties as may be prescribed or as may, from time to time, be delegated to him by the Board or its chairman. (3) Subject to such rules as may be made by the Central Government or, as the case may be, the State Government in this behalf, a Board may appoint such officers and employees as it considers necessary for the efficient performance of its functions [3]***. 4[(3A) The method of recruitment and the terms and conditions of service (including the scales of pay) of the officers (other than the member-secretary) and other employees of the Central Board or a State Board shall be such as may be determined by regulations made by the Central Board or, as the case may be, by the State Board: Provided that no regulation made under this sub-section shall take effect unless,— (a) in the case of a regulation made by the Central Board, it is approved by the Central Government; and (b) in the case of a regulation made by a State Board, it is approved by the State Government.] 5[(3B) The Board may, by general or special order, and subject to such conditions and limitations, if any, as may be specified in the order delegate to any officer of the Board such of its powers and functions under this Act as it may deem necessary.] (4) Subject to such conditions as may be prescribed, a Board may from time to time appoint any qualified person to be a consulting engineer to the Board and pay him such salaries and allowances and subject him to such other terms and conditions of service as it thinks fit. CHAPTER III JOINT BOARDS **12.** **Constitution of Joint Board.—(1) Notwithstanding anything contained in this Act, an agreement** may be entered into— (a) by two or more Governments of contiguous States, or (b) by the Central Government (in respect of one or more Union territories) and one or more Governments of States contiguous to such Union territory or Union territories, 1. Ins. by Act 44 of 1978, s. 6 (w.e.f. 12-12-1978). 2. Ins. by s. 7, ibid. (w.e.f. 12-12-1978). 3. Certain words omitted by s. 8, ibid. (w.e.f. 12-12-1978). 4. Ins. by s. 8, ibid. (w.e.f. 12-12-1978). 5. Ins. by Act 53 of 1988, s. 6 (w.e.f. 29-9-1988). 9 ----- to be in force for such period and to be subject to renewal for such further period, if any, as may be specified in the agreement to provide for the constitution of a Joint Board,— (i) in a case referred to in clause (a), for all the participating States, and (ii) in a case referred to in clause (b), for the participating Union territory or Union territories and the State or States. (2) An agreement under this section may— (a) provide, in a case referred to in clause (a) of sub-section (1), for the apportionment between the participating States and in a case referred to in clause (b) of that sub-section, for the apportionments between the Central Government and the participating State Government or State Governments, of the expenditure in connection with the Joint Board; (b) determine, in a case referred to in clause (a) of sub-section (1), which of the participating State Governments and in a case referred to in clause (b) of that sub-section, whether the Central Government or the participating State Government (if there are more than one participating State, also which of the participating State Governments) shall exercise and perform the several powers and functions of the State Government under this Act and the references in this Act to the State Government shall be construed accordingly; (c) provide for consultation, in a case referred to in clause (a) of sub-section (1), between the participating State Governments and in a case referred to in clause (b) of that sub-section, between the Central Government and the participating State Government or State Governments either generally or with reference to particular matters arising under this Act; (d) make such incidental and ancillary provisions, not inconsistent with this Act, as may be deemed necessary or expedient for giving effect to the agreement. (3) An agreement under this section shall be published, in a case referred to in clause (a) of sub section (1), in the Official Gazette of the participating States and in a case referred to in cause (b) of that sub-section, in the Official Gazette of the participating Union territory or Union territories and participating State or States. **14.** **Composition of Joint Boards.—(1) A Joint Board constituted in pursuance of an agreement** entered into under clause (a) of sub-section (1) of section 13 shall consist of the following members, namely:— (a) a full-time chairman, being a person having special knowledge or practical experience in respect of [1][matters relating to environmental protection] or a person having knowledge and experience in administering institutions dealing with the matters aforesaid, to be nominated by the Central Government; (b) two officials from each of the participating States to be nominated by the concerned participating State Government to represent that Government; (c) one person to be nominated by each of the participating State Governments from amongst the members of the local authorities functioning within the State concerned; (d) one non-official to be nominated by each of the participating State Governments to represent the interests of agriculture, fishery or industry or trade in the State concerned or any other interest which, in the opinion of the participating State Government, is to be represented; (e) two persons to be nominated by the Central Government to represent the companies or corporations owned, controlled or managed by the participating State Governments; 2[(f) a full-time member-secretary, possessing qualifications, knowledge and experience of scientific, engineering or management aspects of pollution control, to be appointed by the Central Government.] 1. Subs. by Act 44 of 1978, s. 9, for certain words (w.e.f. 12-12-1978). 2. Subs. by Act 53 of 1988, s. 7, for clause (f) (w.e.f. 29-9-1988). 10 ----- (2) A Joint Board constituted in pursuance of an agreement entered into under clause (b) of sub-section (1) of section 13 shall consist of the following members, namely:— (a) a full-time chairman, being a person having special knowledge or practical experience in respect of [1][matters relating to environmental protection] or a person having knowledge and experience in administering institutions dealing with the matters aforesaid, to be nominated by the Central Government; (b) two officials to be nominated by the Central Government from the participating Union territory or each of the participating Union territories, as the case may be, and two officials to be nominated, from the participating State or each of the participating States, as the case may be, by the concerned participating State Government; (c) one person to be nominated by the Central Government from amongst the members of the local authorities functioning within the participating Union territory or each of the participating Union territories, as the case may be, and one person to be nominated, from amongst the members of the local authorities functioning within the participating State or each of the participating States, as the case may be, by the concerned participating State Government; (d) one non-official to be nominated by the Central Government and one person to be nominated by the participating State Government or State Governments to represent the interests of agriculture, fishery or industry or trade in the Union territory or in each of the Union territories or the State or in each of the States, as the case may be, or any other interest which in the opinion of the Central Government or, as the case may be, of the State Government is to be represented; (e) two persons to be nominated by the Central Government to represent the companies or corporations owned, controlled or managed by the Central Government and situate in the participating Union territory or territories and two persons to be nominated by the Central Government to represent the companies or corporations owned, controlled or managed by the participating State Governments; 2[(f) a full-time member-secretary, possessing qualifications, knowledge and experience of scientific, engineering or management aspects of pollution control, to be appointed by the Central Government.] (3) When a Joint Board is constituted in pursuance of an agreement under clause (b) of sub-section (1) of section 13, the provisions of sub-section (4) of section 4 shall cease to apply in relation to the Union territory for which the Joint Board is constituted. (4) Subject to the provisions of sub-section (3), the provisions of sub-section (3) of section 4 and sections 5 to 12 (inclusive) shall apply in relation to the Joint Board and its member-secretary as they apply in relation to a State Board and its member-secretary. (5) Any reference in this Act to the State Board shall, unless the context otherwise requires, be construed as including a Joint Board. **15.** **Special provision relating to giving of directions.—Notwithstanding anything contained in this** Act where any Joint Board is constituted under section 13,— (a) the Government of the State for which the Joint Board is constituted shall be competent to give any direction under this Act only in cases where such direction relates to a matter within the exclusive territorial jurisdiction of the State; (b) the Central Government alone shall be competent to give any direction under this Act where such direction relates to a matter within the territorial jurisdiction of two or more States or pertaining to a Union territory. 1. Subs. by Act 44 of 1978, s. 9, for certain words (w.e.f. 12-12-1978). 2. Subs. by Act 53 of 1988, s. 7, for clause (f) (w.e.f. 29-9-1988). 11 ----- CHAPTER IV POWERS AND FUNCTIONS OF BOARDS **16.** **Functions of Central Board.—(1) Subject to the provisions of this Act, the main function of the** Central Board shall be to promote cleanliness of streams and wells in different areas of the States. (2) In particular and without prejudice to the generality of the foregoing function, the Central Board may perform all or any of the following functions, namely:— (a) advise the Central Government on any matter concerning the prevention and control of water pollution; (b) co-ordinate the activities of the State Boards and resolve disputes among them; (c) provide technical assistance and guidance to the State Boards, carry out and sponsor investigations and research relating to problems of water pollution and prevention, control or abatement of water pollution; (d) plan and organise the training of persons engaged or to be engaged in programmes for the prevention, control or abatement of water pollution on such terms and conditions as the Central Board may specify; (e) organise through mass media a comprehensive programme regarding the prevention and control of water pollution; 1[(ee) perform such of the functions of any State Board as may be specified in an order made under sub- section (2) of section 18;] (f) collect, compile and publish technical and statistical data relating to water pollution and the measures devised for its effective prevention and control and prepare manuals, codes or guides relating to treatment and disposal of sewage and trade effluents and disseminate information connected therewith; (g) lay down, modify or annul, in consultation with the State Government concerned, the standards for a stream or well: Provided that different standards may be laid down for the same stream or well or for different streams or wells, having regard to the quality of water, flow characteristics of the stream or well and the nature of the use of the water in such stream or well or streams or wells; (h) plan and cause to be executed a nation-wide programme for the prevention, control or abatement of water pollution; (i) perform such other functions as may be prescribed. (3) The Board may establish or recognise a laboratory or laboratories to enable the Board to perform its functions under this section efficiently including the analysis of samples of water from any stream or well or of samples of any sewage or trade effluents. **17.** **Functions of State Board.—(1) Subject to the provisions of this Act, the functions of a State** Board shall be— (a) to plan a comprehensive programme for the prevention, control or abatement of pollution of streams and wells in the State and to secure the execution thereof; (b) to advise the State Government on any matter concerning the prevention, control or abatement of water pollution; (c) to collect and disseminate information relating to water pollution and the prevention, control or abatement thereof; 1. Ins. by Act 53 of 1988, s. 8 (w.e.f. 29-9-1988) 12 ----- (d) to encourage, conduct and participate investigations and research relating to problems of water pollution and prevention, control or abatement of water pollution; (e) to collaborate with the Central Board in organising the training of persons engaged or to be engaged in programmes relating, to prevention, control or abatement of water pollution and to organise mass education programmes relating thereto; (f) to inspect sewage or trade effluents, works and plants for the treatment of sewage and trade effluents and to review plans, specifications or other data relating to plants set up for the treatment of water, works for the purification thereof and the system for the disposal of sewage or trade effluents or in connection with the grant of any consent as required by this Act; (g) to lay down, modify or annul effluent standards for the sewage and trade effluents and for the quality of receiving waters (not being water in an inter-State stream) resulting from the discharge of effluents and to classify waters of the State; (h) to evolve economical and reliable methods of treatment of sewage and trade effluents, having regard to the peculiar conditions of soils, climate and water resources of different regions and more especially the prevailing flow characteristics of water in streams and wells which render it impossible to attain even the minimum degree of dilution; (i) to evolve methods of utilisation of sewage and suitable trade effluents in agriculture; (j) to evolve efficient methods of disposal of sewage and trade effluents on land, as are necessary on account of the predominant conditions of scant stream flows that do not provide for major part of the year the minimum degree of dilution; (k) to lay down standards of treatment of sewage and trade effluents to be discharged into any particular stream taking into account the minimum fair weather dilution available in that stream and the tolerance limits of pollution permissible in the water of the stream, after the discharge of such effluents; (l) to make, vary or revoke any order— (i) for the prevention, control or abatement of discharges of waste into streams or wells; (ii) requiring any person concerned to construct new systems for the disposal of sewage and trade effluents or to modify, alter or extend any such existing system or to adopt such remedial measures as are necessary to prevent, control or abate water pollution; (m) to lay down effluent standards to be complied with by persons while causing discharge of sewage or sullage or both and to lay down, modify or annul effluent standards for the sewage and trade effluents; (n) to advise the State Government with respect to the location of any industry the carrying on of which is likely to pollute a stream or well; (o) to perform such other functions as may be prescribed or as may, from time to time, be entrusted to it by the Central Board or the State Government. (2) The Board may establish or recognise a laboratory or laboratories to enable the Board to perform its functions under this section efficiently, including the analysis of samples of water from any stream or well or of samples of any sewage or trade effluents. **18.** **Powers to give directions.—[1][(1)] In the performance of its functions under this Act—** (a) the Central Board shall be bound by such directions in writing as the Central Government may give to it; and (b) every State Board shall be bound by such directions in writing as the Central Board or the State Government may give to it: 1. S. 18 renumbered as sub-section (1) thereof by Act 53 of 1988, s. 9 (w.e.f. 29-9-1988). 13 ----- Provided that where a direction given by the State Government is inconsistent with the direction given by the Central Board, the matter shall be referred to the Central Government for its decision. 1[(2) Where the Central Government is of the opinion that any State Board has defaulted in complying with any directions given by the Central Board under sub-section (1) and as a result of such default a grave emergency has arisen and it is necessary or expedient so to do in the public interest, it may, by order, direct the Central Board to perform any of the functions of the State Board in relation to such area, for such period and for such purposes, as may be specified in the order. (2) Where the Central Board performs any of the functions of the State Board in pursuance of a direction under sub-section (2), the expenses, if any, incurred by the Central Board with respect to the performance of such functions may, if the State Board is empowered to recover such expenses, be recovered by the Central Board with interest (at such reasonable rate as the Central Government may, by order, fix) from the date when a demand for such expenses is made until it is paid from the person or persons concerned as arrears of land revenue or of public demand. (3) For the removal of doubts, it is hereby declared that any directions to perform the functions of any State Board given under sub-section (2) in respect of any area would not preclude the State Board from performing such functions in any other area in the State or any of its other functions in that area.] CHAPTER V PREVENTION AND CONTROL OF WATER POLLUTION **19.** **Power of State Government to restrict the application of the Act to certain areas.—** (1) Notwithstanding anything contained in this Act, if the State Government, after consultation with, or on the recommendation of, the State Board, is of opinion that the provisions of this Act need not apply to the entire State, it may, by notification in the Official Gazette, restrict the application of this Act to such area or areas as may be declared therein as water pollution, prevention and control area or areas and thereupon the provisions of this Act shall apply only to such area or areas. (2) Each water pollution, prevention and control area may be declared either by reference to a map or by reference to the line of any watershed or the boundary of any district or partly by one method and partly by another. (3) The State Government may, by notification in the Official Gazette,— (a) alter any water pollution, prevention and control area whether by way of extension or reduction; or (b) define a new water pollution, prevention and control area in which may be merged one or more water pollution, prevention and control areas, or any part or parts thereof. **20.** **Power to obtain information.—(1) For the purpose of enabling a State Board to perform the** functions conferred on it by or under this Act, the State Board or any officer empowered by it in that behalf, may make surveys of any area and gauge and keep records of the flow or volume and other characteristics of any stream or well in such area, and may take steps for the measurement and recording of the rainfall in such area or any part thereof and for the installation and maintenance for those purposes of gauges or other apparatus and works connected therewith, and carry out stream surveys and may take such other steps as may be necessary in order to obtain any information required for the purposes aforesaid. (2) A State Board may give directions requiring any person who in its opinion is abstracting water from any such stream or well in the area in quantities which are substantial in relation to the flow or volume of that stream well or is discharging sewage or trade effluent into any such stream or well, to give such information as to the abstraction or the discharge at such times and in such form as may be specified in the directions. 1. Ins. by Act 53 of 1988, s. 9 (w.e.f. 29-9-1988). 14 ----- (3) Without prejudice to the provisions of sub-section (2), a State Board may, with a view to preventing or controlling pollution of water, give directions requiring any person in charge of any establishment where any [1][industry, operation or process, or treatment and disposal system] is carried on, to furnish to it information regarding the construction, installation or operation of such establishment or of any disposal system or of any extension or addition thereto in such establishment and such other particulars as may be prescribed. **21.** **Power to take samples of effluents and procedure to be followed in connection therewith.—** (1) A State Board or any officer empowered by it in this behalf shall have power to take for the purpose of analysis samples of water from any stream or well or samples of any sewage or trade effluent which is passing from any plant or vessel or from or over any place into any such stream or well. (2) The result of any analysis of a sample of any sewage or trade effluent taken under sub-section (1) shall not be admissible in evidence in any legal proceeding unless the provisions of sub-sections (3), (4) and (5) are complied with. (3) Subject to the provisions of sub-sections (4) and (5), when a sample (composite or otherwise as may be warranted by the process used) of any sewage or trade effluent is taken for analysis under subsection (1), the person taking the sample shall— (a) serve on the person in charge of, or having control over, the plant or vessel or in occupation of the place (which person is hereinafter referred to as the occupier) or any agent of such occupier, a notice, then and there in such form as may be prescribed of his intention to have it so analysed; (b) in the presence of the occupier or his agent, divide the sample into two parts; (c) cause each part to be placed in a container which shall be marked and sealed and shall also be signed both by the person taking the sample and the occupier or his agent; (d) send one container forthwith,— (i) in a case where such sample is taken from any area situated in a Union territory, to the laboratory established or recognised by the Central Board under section 16; and (ii) in any other case, to the laboratory established or recognised by the State Board under section 17; (e) on the request of the occupier or his agent, send the second container,— (i) in a case where such sample is taken from any area situated in a Union territory, to the laboratory established or specified under sub-section (1) of section 51; and (ii) in any other case, to the laboratory established or specified under sub-section (1) of section 52. 2[(4) When a sample of any sewage or trade affluent is taken for analysis under sub-section (1) and the person taking the sample serves on the occupier or his agent, a notice under clause (a) of sub-section (3) and the occupier or his agent wilfully absents himself, then,— (a) the sample so taken shall be placed in a container which shall be marked and sealed and shall also be signed by the person taking the sample and the same shall be sent forthwith by such person for analysis to the laboratory referred to in sub-clause (i) or sub-clause (ii), as the case may be, of clause (e) of sub-section (3) and such person shall inform the Government analyst appointed under subsection (1) or sub-section (2), as the case may be, of section 53, in writing about the wilful absence of the occupier or his agent; and (b) the cost incurred in getting such sample analysed shall be payable by the occupier or his agent and in case of default of such payment, the same shall be recoverable from the occupier or his agent, as the case may be, as an arrear of land revenue or of public demand: 1. Subs. by Act 53 of 1988, s. 10, for “industry or trade” (w.e.f. 29-9-1988). 2. Subs. by Act 44 of 1978, s. 10, for sub-section (4) (w.e.f. 12-12-1978). 15 ----- Provided that no such recovery shall be made unless the occupier or, as the case may be, his agent has been given a reasonable opportunity of being heard in the matter.] (5) When a sample of any sewage or trade effluent is taken for analysis under sub-section (1) and the person taking the sample serves on the occupier or his agent a notice under clause (a) of sub-section (3) and the occupier or his agent who is present at the time of taking the sample does not make a request for dividing the sample into two parts as provided in clause (b) of sub-section (3), then, the sample so taken shall be placed in a container which shall be marked and sealed and shall also be signed by the person taking the sample and the same shall be sent forthwith by such person for analysis to the laboratory referred to in sub-clause (i) or sub-clause (ii), as the case may be, of clause (d) of sub-section (3). **22.** **Reports of the result of analysis on samples taken under section 21.—(1) Where a sample of** any sewage or trade effluent has been sent for analysis to the laboratory established or recognised by the Central Board or, as the case may be, the State Board, the concerned Board analyst appointed under sub-section (3) of section 53 shall analyse the sample and submit a report in the prescribed form of the result of such analysis in triplicate to the Central Board or the State Board, as the case may be. (2) On receipt of the report under sub-section (1), one copy of the report shall be sent by the Central Board or the State Board, as the case may be, to the occupier or his agent referred to in section 21, another copy shall be preserved for production before the court in case any legal proceedings are taken against him and the other copy shall be kept by the concerned Board. (3) Where a sample has been sent for analysis under clause (e) of sub-section (3) or sub-section (4) of section 21 to any laboratory mentioned therein, the Government analyst referred to in that sub-section shall analyse the sample and submit a report in the prescribed form of the result of the analysis in triplicate to the Central Board or, as the case may be, the State Board which shall comply with the provisions of subsection (2). (4) If there is any inconsistency or discrepancy between, or variation in the results of, the analysis carried out by the laboratory established or recognised by the Central Board or the State Board, as the case may be, and that of the laboratory established or specified under section 51 or section 52, as the case may be, the report of the latter shall prevail. (5) Any cost incurred in getting any sample analysed at the request of the occupier or his agent shall be payable by such occupier or his agent and in case of default the same shall be recoverable from him as arrears of land revenue or of public demand. **23.** **Power of entry and inspection.—(1) Subject to the provisions of this section, any person** empowered by a State Board in this behalf shall have a right at any time to enter, with such assistance as he considers necessary, any place— (a) for the purpose of performing any of the functions of the Board entrusted to him; (b) for the purpose of determining whether and if so in what manner, any such functions are to be performed or whether any provisions of this Act or the rules made thereunder of any notice, order, direction or authorisation served, made, given, or granted under this Act is being or has been complied with; (c) for the purpose of examining any plant, record, register, document or any other material object or for conducting a search of any place in which he has reason to believe that an offence under this Act or the rules made thereunder has been or is being or is about to be committed and for seizing any such plant, record, register, document or other material object, if he has reason to believe that it may furnish evidence of the commission of an offence punishable under this Act or the rules made thereunder: Provided that the right to enter under this sub-section for the inspection of a well shall be exercised only at reasonable hours in a case where such well is situated in any premises used for residential purposes and the water thereof is used exclusively for domestic purposes. 16 ----- (2) The provisions of [1][the Code of Criminal Procedure, 1973 (2 of 1974)], or, in relation to the State of Jammu and Kashmir*, the provisions of any corresponding law in force in that State, shall, so far as may be, apply to any search or seizure under this section as they apply to any search or seizure made under the authority of a warrant issued under [2][section 94] of the said Code, or, as the case may be, under the corresponding provisions of the said law. _Explanation.—For the purposes of this section, “place” includes vessel._ **24.** **Prohibition on use of stream or well for disposal of polluting matter, etc.—(1) Subject to the** provisions of this section,— (a) no person shall knowingly cause or permit any poisonous, noxious or polluting matter determined in accordance with such standards as may be laid down by the State Board to enter (whether directly or indirectly) into any [3][stream or well or sewer or on land]; or (b) no person shall knowingly cause or permit to enter into any stream any other matter which may tend, either directly or in combination with similar matters, to impede the proper flow of the water of the stream in a manner leading or likely to lead to a substantial aggravation of pollution due to other causes or of its consequences. (2) A person shall not be guilty of an offence under sub-section (1), by reason only of having done or caused to be done any of the following acts, namely:— (a) constructing, improving or maintaining in or across or on the bank or bed of any stream any building, bridge, weir, dam, sluice, dock, pier, drain or sewer or other permanent works which he has a right to construct, improve or maintain; (b) depositing any materials on the bank or in the bed of any stream for the purpose of reclaiming land or for supporting, repairing or protecting the bank or bed of such stream provided such materials are not capable of polluting such stream; (c) putting into any stream any sand or gravel or other natural deposit which has flowed from or been deposited by the current of such stream; (d) causing or permitting, with the consent of the State Board, the deposit accumulated in a well, pond or reservoir to enter into any stream. (3) The State Government may, after consultation with, or on the recommendation of, the State Board, exempt, by notification in the Official Gazette, any person from the operation of sub-section (1) subject to such conditions, if any, as may be specified in the notification and any condition so specified may by a like notification be altered, varied or amended. **25.** **Restrictions on new outlets and new discharges.—[4][(1) Subject to the provisions of this section,** no person shall, without the previous consent of the State Board,— (a) establish or take any steps to establish any industry, operation or process, or any treatment and disposal system or any extension or addition thereto, which is likely to discharge sewage or trade effluent into a stream or well or sewer or on land (such discharge being hereafter in this section referred to as discharge of sewage); or (b) bring into use any new or altered outlet for the discharge of sewage; or (c) begin to make any new discharge of sewage: 5[Provided that the Central Government may in consultation with the Central Board, by notification in the Official Gazette, exempt certain categories of industrial plants from the provisions of this sub-section.] 1. Subs. by Act 44 of 1978, s. 11, for “the Code of Criminal Procedure, 1898 (5 of 1898)” (w.e.f. 12-12-1978). 2. Subs. by s. 11, ibid., for “section 98” (w.e.f. 12-12-1978). 3. Subs. by Act 53 of 1988, s. 11, for “stream or well” (w.e.f. 29-9-1988). 4. Subs. by s. 12, ibid., for sub-sections (1) and (2) (w.e.f. 29-9-1988). _*. 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. Subs. by Act 5 of 2024, s. 4, for the proviso (w.e.f. 15-2-2024). 17 ----- (2) An application for consent of the State Board under sub-section (1) shall be made in such form, contain such particulars and shall be accompanied by such fees as may be prescribed.] (3) The State Board may make such inquiry as it may deem fit in respect of the application for consent referred to in sub-section (1) and in making any such inquiry shall follow such procedure as may be prescribed. 1[(4) The State Board may— (a) grant its consent referred to in sub-section (1), subject to such conditions as it may impose, being— (i) in cases referred to in clauses (a) and (b) of sub-section (1) of section 25, conditions as to the point of discharge of sewage or as to the use of that outlet or any other outlet for discharge of sewage; (ii) in the case of a new discharge, conditions as to the nature and composition, temperature, volume or rate of discharge of the effluent from the land or premises from which the discharge or new discharge is to be made; and (iii) that the consent will be valid only for such period as may be specified in the order, and any such conditions imposed shall be binding on any person establishing or taking any steps to establish any industry, operation or process, or treatment and disposal system of extension or addition thereto, or using the new or altered outlet, or discharging the effluent from the land or premises aforesaid; or (b) refuse such consent for reasons to be recorded in writing. (5) Where, without the consent of the State Board, any industry, operation or process, or any treatment and disposal system or any extension or addition thereto, is established, or any steps for such establishment have been taken or a new or altered outlet is brought into use for the discharge of sewage or a new discharge of sewage is made, the State Board may serve on the person who has established or taken steps to establish any industry, operation or process, or any treatment and disposal system or any extension or addition thereto, or using the outlet, or making the discharge, as the case may be, a notice imposing any such conditions as it might have imposed on an application for its consent in respect of such establishment, such outlet or discharge. (6) Every State Board shall maintain a register containing particulars of the conditions imposed under this section and so much of the register as relates to any outlet, or to any effluent, from any land or premises shall be open to inspection at all reasonable hours by any person interested in, or affected by such outlet, land or premises, as the case may be, or by any person authorised by him in this behalf and the conditions so contained in such register shall be conclusive proof that the consent was granted subject to such conditions.] (7) The consent referred to in sub-section (1) shall, unless given or refused earlier, be deemed to have been given unconditionally on the expiry of a period of four months of the making of an application in this behalf complete in all respects to the State Board. (8) For the purposes of this section and sections 27 and 30,— (a) the expression “new or altered outlet” means any outlet which is wholly or partly constructed on or after the commencement of this Act or which (whether so constructed or not) is substantially altered after such commencement; (b) the expression “new discharge” means a discharge which is not, as respects to nature and composition, temperature, volume, and rate of discharge of the effluent substantially a continuation of a discharge made within the preceding twelve months (whether by the same or a different outlet), so 1. Subs. by Act 53 of 1988, s. 12, for sub-sections (4), (5) and (6) (w.e.f. 29-9-1988). 18 ----- however that a discharge which is in other respects a continuation of previous discharge made as aforesaid shall not be deemed to be a new discharge by reason of any reduction of the temperature or volume or rate of discharge of the effluent as compared with the previous discharge. **26.** **Provision regarding existing discharge of sewage or trade effluent.—Where immediately** before the commencement of this Act any person was discharging any sewage or trade effluent into a [1][stream or well or sewer or on land], the provisions of section 25 shall, so far as may be, apply in relation to such person as they apply in relation to the person referred to in that section subject to the modification that the application for consent to be made under sub-section (2) of that section [2][shall be made on or before such date as may be specified by the State Government by notification in this behalf in the Official Gazette]. **27.** **Refusal or withdrawal of consent by State Board.—[3][(1) A State Board shall not grant its** consent under sub-section (4) of section 25 for the establishment of any industry, operation or process, or treatment and disposal system or extension or addition thereto, or to the bringing into use of a new or altered outlet unless the industry, operation or process, or treatment and disposal system or extension or addition thereto, or the outlet is so established as to comply with any conditions imposed by the Board to enable it to exercise its right to take samples of the effluent.] 4[(2) A State Board may from time to time review— 5[(a) any condition imposed under section 25 or section 26 and may serve on the person to whom a consent under section 25 or section 26 is granted a notice making any reasonable variation of or revoking any such condition;] (b) the refusal of any consent referred to in sub-section (1) of section 25 or section 26 or the grant of such consent without any condition, and may make such orders as it deemed fit.] (3) Any condition imposed under section 25 or section 26 shall be subject to any variation made under sub-section (2) and shall continue in force until revoked under that sub-section. 6[27A. Power to issue guidelines.—(1) Notwithstanding anything in this Act, the Central Government in consultation with the Central Board, may, by notification in the Official Gazette, issue guidelines on the matters relating to the grant, refusal or cancellation of consent by any State Board for establishment of any industry, operation or process, or treatment and disposal system or to bringing into use of a new or altered outlet including the mechanism for time-bound disposal of the application made under section 25 or period of validity of such consent. (2) Every State Board, in discharge of its functions for the purposes of grant, refusal or cancellation of consent under section 25 or section 27 shall act in accordance with the guidelines issued under sub-section (1).] **28.** **Appeals.—(1) Any person aggrieved by an order made by the State Board under section 25,** section 26 or section 27 may, within thirty days from the date on which the order is communicated to him, prefer an appeal to such authority (hereinafter referred to as the appellate authority) as the State Government may think fit to constitute: Provided that the appellate authority may entertain the appeal after the expiry of the said period of thirty days if such authority is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. 7[(2) An appellate authority shall consist of a single person or three persons, as the State Government may think fit, to be appointed by that Government.] 1. Subs. by Act 44 of 1978, s. 13, for “stream or well” (w.e.f. 12-12-1978). 2. Subs. by s. 13, ibid., for certain words (w.e.f. 12-12-1978). 3. Subs. by Act 53 of 1988, s. 13, for sub-section (1) (w.e.f. 29-9-1988). 4. Subs. by Act 44 of 1978, s. 14, for sub-section (2) (w.e.f. 12-12-1978). 5. Subs. by Act 53 of 1988, s. 13, for clause (a) (w.e.f. 29-9-1988) 6. Ins. by Act 5 of 2024, s. 5, (w.e.f. 15-2-2024). 7. Subs. by Act 44 of 1978, s. 15, for sub-section (2) (w.e.f. 12-12-1978). 19 ----- (3) The form and manner in which an appeal may be preferred under sub-section (1), the fees payable for such appeal and the procedure to be followed by the appellate authority shall be such as may be prescribed. (4) On receipt of an appeal preferred under sub-section (1), the appellate authority shall, after giving the appellant and the State Board an opportunity of being heard, dispose of the appeal as expeditiously as possible. (5) If the appellate authority determines that any condition imposed, or the variation of any condition, as the case may be, was unreasonable, then,— (a) where the appeal is in respect of the unreasonableness of any condition imposed, such authority may direct either that the condition shall be treated as annulled or that there shall be substituted for it such condition as appears to it to be reasonable; (b) where the appeal is in respect of the unreasonableness of any variation of a condition, such authority may direct either that the condition shall be treated as continuing in force unvaried or that it shall be varied in such manner as appears to it to be reasonable. **29.** **Revision.—(1) The State Government may at any time either of its own motion or on an** application made to it in this behalf, call for the records of any case where an order has been made by the State Board under section 25, section 26 or section 27 for the purpose of satisfying itself as to the legality or propriety of any such order and may pass such order in relation thereto as it may think it: Provided that the State Government shall not pass any order under this sub-section without affording the State Board and the person who may be affected by such order a reasonable opportunity of being heard in the matter. (2) The State Government shall not revise any order made under section 25, section 26 or section 27 where an appeal against that order lies to the appellate authority, but has not been preferred or where an appeal has been preferred such appeal is pending before the appellate authority. **30. Power of State Board to carry out certain works.—[1][(1) Where under this Act, any conditions** have been imposed on any person while granting consent under section 25 or section 26 and such conditions require such person to execute any work in connection therewith and such work has not been executed within such time as may be specified in this behalf, the State Board may serve on the person concerned a notice requiring him within such time (not being less than thirty days) as may be specified in the notice to execute the work specified therein.] (2) If the person concerned fails to execute the work as required in the notice referred to in sub-section (1), then, after the expiration of the time specified in the said notice, the State Board may itself execute or cause to be executed such work. (3) All expenses incurred by the State Board for the execution of the aforesaid work, together with interest, at such rate as the State Government may, by order, fix, from the date when a demand for the expenses is made until it is paid, may be recovered by that Board from the person concerned, as arrears of land revenue, or of public demand. **30.** **Furnishing of information to State Board and other agencies in certain cases.—[2][(1) If at any** place where any industry, operation or process, or any treatment and disposal system or any extension or addition thereto is being carried on, due to accident or other unforeseen act or event, any poisonous, noxious or polluting matter is being discharged, or is likely to be discharged into a stream or well or sewer or on land and, as a result of such discharge, the water in any stream or well is being polluted, or is likely to be polluted, then the person incharge of such place shall forthwith intimate the occurrence of such accident, act or event to the State Board and such other authorities or agencies as may be prescribed.] (2) Where any local authority operates any sewerage system or sewage works, the provisions of sub section (1) shall apply to such local authority as they apply in relation to the person in charge of the place where any industry or trade is being carried on. 1. Subs. by Act 53 of 1988, s. 14, for sub-section (1) (w.e.f. 29-9-1988). 2. Subs. by s. 15, ibid., for sub-section (1) (w.e.f. 29-9-1988). 20 ----- **32.** **Emergency measures in case of pollution of stream or well.—(1) Where it appears to the State** Board that any poisonous, noxious or polluting matter is present in [1][any stream or well or on land by reason of the discharge of such matter in such stream or well or on such land] or has entered into that stream or well due to any accident or other unforeseen act or event, and if the Board is of opinion that it is necessary or expedient to take immediate action, it may for reasons to be recorded in writing, carry out such operations as it may consider necessary for all or any of the following purposes, that is to say,— (a) removing that matter from the [2][stream or well or on land] and disposing it of in such manner as the Board considers appropriate; (b) remedying or mitigating any pollution caused by its presence in the stream or well; (c) issuing orders immediately restraining or prohibiting the person concerned from discharging any poisonous, noxious or polluting matter [3][into the stream or well or on land], or from making insanitary use of the stream or well. (2) The power conferred by sub-section (1) does not include the power to construct any works other than works of a temporary character which are removed on or before the completion of the operations. **33.** **Power of Board to make application to courts for restraining apprehended pollution of water in** **streams or wells.—[4][(1) Where it is apprehended by a Board that the water in any stream or well is likely to** be polluted by reason of the disposal or likely disposal of any matter in such stream or well or in any sewer or on any land, or otherwise, the Board may make an application to a court, not inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class, for restraining the person who is likely to cause such pollution from so causing.] (2) On receipt of an application under sub-section (1) the court may make such order as it deems fit. (3) Where under sub-section (2) the court makes an order restraining any person from polluting the water in any stream or well, it may in that order— (i) direct the person who is likely to cause or has caused the pollution of the water in the stream or well, to desist from taking such action as is likely to cause pollution or, as the case may be, to remove from such stream or well, such matter, and (ii) authorise the Board, if the direction under clause (i) (being a direction for the removal of any matter from such stream or well) is not complied with by the person to whom such direction is issued, to undertake the removal and disposal of the matter in such manner as may be specified by the court. (4) All expenses incurred by the Board in removing any matter in pursuance of the authorisation under clause (ii) of sub-section (3) or in the disposal of any such matter may be defrayed out of any money obtained by the Board from such disposal and any balance outstanding shall be recoverable from the person concerned as arrears of land revenue or of public demand. 5[33A. Power to give directions.—Notwithstanding anything contained in any other law, but subject to the provisions of this Act, and to any directions that the Central Government may give in this behalf, a Board may, in the exercise of its powers and performance of its functions under this Act, issue any directions in writing to any person, officer or authority, and such person, officer or authority shall be bound to comply with such directions. _Explanation.—For the avoidance of doubts, it is hereby declared that the power to issue directions under_ this section includes the power to direct— (a) the closure, prohibition or regulation of any industry, operation or process; or (b) the stoppage or regulation of supply of electricity, water or any other service.] 1. Subs. by Act 53 of 1988, s. 16, for “any stream or well” (w.e.f. 29-9-1988). 2. Subs. by s. 16, ibid., for “stream or well” (w.e.f. 29-9-1988). 3. Subs. by s. 16, ibid., for “into the stream or well” (w.e.f. 29-9-1988). 4. Subs. by s. 17, ibid., for sub-section (1) (w.e.f. 29-9-1988). 5. Ins. by s. 18, ibid. (w.e.f. 29-9-1988). 21 ----- **1[33B. Appeal to National Green Tribunal.—Any person aggrieved by,—** (a) an order or decision of the appellate authority under section 28, made on or after the commencement of the National Green Tribunal Act, 2010; or (b) an order passed by the State Government under section 29, on or after the commencement of the National Green Tribunal Act, 2010; or (c) directors issued under section 33A by a Board, on or after the commencement of the National Green Tribunal Act, 2010, may file an appeal to the National Green Tribunal established under section 3 of the National Green Tribunal Act, 2010, in accordance with the provisions of that Act.] CHAPTER VI FUNDS, ACCOUNTS AND AUDIT **34.** **Contributions by Central Government.—The Central Government may, after due appropriation** made by Parliament by law in this behalf, make in each financial year such contributions to the Central Board as it may think necessary to enable the Board to perform its functions under this Act. **35.** **Contributions by State Government.—The State Government may, after due appropriation** made by the Legislature of the State by law in this behalf, make in each financial year such contributions to the State Board as it may think necessary to enable that Board to perform its functions under this Act. **36.** **Fund of Central Board.—(1) The Central Board shall have its own fund, and all sums which** may, from time to time, be paid to it by the Central Government and all other receipts (by way of gifts, grants, donations, benefactions [2][, fees] or otherwise) of that Board shall be carried to the fund of the Board and all payments by the Board shall be made therefrom. (2) The Central Board may expend such sums as it thinks fit for performing its functions under this Act, [2][and, where any law for the time being in force relating to the prevention, control or abatement of air pollution provides for the performance of any function under such law by the Central Board, also for performing its functions under such law] and such sums shall be treated as expenditure payable out of the fund of the Board. **37.** **Fund of State Board.—(1) The State Board shall have its own fund, and the sums which may,** from time to time, be paid to it by the State Government and all other receipts (by way of gifts, grants, donations, benefactions [3][, fees] or otherwise) of that Board shall be carried to the fund of the Board and all payments by the Board shall be made therefrom. (2) The State Board may expend such sums as it thinks fit for performing its functions under this Act, 3[and, where any law for the time being in force relating to the prevention, control or abatement of air pollution provides for the performance of any function under such law by the State Board, also for performing its functions under such law] and such sums shall be treated as expenditure payable out of the fund of that Board. [4][37A. Borrowing powers of Board.—A Board may, with the consent of, or in accordance with, the terms of any general or special authority given to it by the Central Government or, as the case may be, the State Government, borrow money from any source by way of loans or issue of bonds, debentures or such other instruments, as it may deem fit, for the performance of all or any of its functions under this Act.] **38.** **Budget.—The Central Board or, as the case may be, the State Board shall, during each financial** year, prepare, in such form and at such time as may be prescribed, a budget in respect of the financial year next ensuing showing the estimated receipt and expenditure, and copies thereof shall be forwarded to the Central Government or, as the case may be, the State Government. **5[39. Annual report.—(1) The Central Board shall, during each financial year, prepare, in such form** as may be prescribed, an annual report giving full account of its activities under this Act during the previous financial year and copies thereof shall be forwarded to the Central Government within four 1. Ins. by Act 19 of 2010, s. 36 and Schedule III (w.e.f. 18-10-2010). 2. Ins. by Act 44 of 1978, s. 16 (w.e.f. 12-12-1978). 3. Ins. by s. 17, ibid. (w.e.f. 12-12-1978). 4. Ins. by Act 53 of 1988, s. 19 (w.e.f. 29-9-1988). 5. Subs. by s. 20, ibid., for section 39 (w.e.f. 29-9-1988). 22 ----- months from the last date of the previous financial year and that Government shall cause every such report to be laid before both Houses of Parliament within nine months from the last date of the previous financial year. (2) Every State Board shall, during each financial year, prepare, in such form as may be prescribed, an annual report giving full account of its activities under this Act during the previous financial year and copies thereof shall be forwarded to the State Government within four months from the last date of the previous financial year and that Government shall cause every such report to be laid before the State Legislature within a period of nine months from the last date of the previous financial year.] **40. Accounts and audit.—(1) Every Board shall maintain proper accounts and other relevant records** and prepare an annual statement of accounts in such form as may be prescribed by the Central Government or, as the case may be, the State Government. (2) The accounts of the Board shall be audited by an auditor duly qualified to act as an auditor of companies under section 226 of the Companies Act, 1956 (1 of 1956). (3) The said auditor shall be appointed by the Central Government or, as the case may be, the State Government on the advice of the Comptroller and Auditor General of India. (4) Every auditor appointed to audit the accounts of the Board under this Act 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. (5) Every such auditor shall send a copy of his report together with an audited copy of the accounts to the Central Government or, as the case may be, the State Government. (6) The Central Government shall, as soon as may be after the receipt of the audit report under sub-section (5), cause the same to be laid before both Houses of Parliament. (7) The State Government shall, as soon as may be after the receipt of the audit report under sub-section (5), cause the same to be laid before the State Legislature. CHAPTER VII PENALTIES AND PROCEDURE **1[41. Failure to comply with provisions of section 20 or directions issued thereunder.—(1)** Whoever contravenes or does not comply with the directions given under sub-section (2) or sub-section (3) of section 20, within such time as may be specified in the direction, shall, in respect of each such contravention or non-compliance, be liable to pay a penalty which shall not be less than ten thousand rupees, but which may extend to fifteen lakh rupees. (2) Where any person continues contravention or non-compliance under sub-section (1), he shall be liable to pay an additional penalty of ten thousand rupees every day during which such contravention continues. **41A. Failure to comply with provisions of section 32, or directions issued under section 33 or** **section 33A.— (1) Whoever contravenes or does not comply with any order or direction issued under** clause (c) of sub-section (1) of section 32 or any direction issued by a court under sub-section (2) of section 33 or any direction issued under section 33A, shall, in respect of each such contravention or noncompliance, be liable to pay the penalty which shall not be less than ten thousand rupees, but which may extend to fifteen lakh rupees. (2) Where any person continues contravention or non-compliance under sub-section (1), he shall be liable to pay an additional penalty of ten thousand rupees every day during which such contravention continues.] **42.** **Penalty for certain acts.—(1) Whoever—** (a) destroys, pulls down, removes, injures or defaces any pillar, post or stake fixed in the ground or any notice or other matter put up, inscribed or placed, by or under the authority of the Board, or (b) obstructs any person acting under the orders or directions of the Board from exercising his 1. Subs. by Act 5 of 2024, s. 6, for section 41, (w.e.f. 15-2-2024). 23 ----- powers and performing his functions under this Act, or (c) damages any works or property belonging to the Board, or (d) fails to furnish to any officer or other employee of the Board any information required by him for the purpose of this Act, or (e) fails to intimate the occurrence of any accident or other unforeseen act or event under section 31 to the Board and other authorities or agencies as required by that section, or (f) in giving any information which he is required to give under this Act, knowingly or wilfully makes a statement which is false in any material particular, or (g) for the purpose of obtaining any consent under section 25 or section 26, knowingly or wilfully makes a statement which is false in any material particular, 1[shall be liable to pay penalty which shall not be less than ten thousand rupees, but which may extend to fifteen lakh rupees.] 2[(2) Where any person continues contravention or non-compliance under sub-section (1), he shall be liable to pay an additional penalty of ten thousand rupees every day during which such contravention continues.] **3[43. Penalty for contravention of provisions of section 24.— Whoever contravenes the provisions** of section 24, shall be liable to pay the penalty which shall not be less than ten thousand rupees, but which may extend to fifteen lakh rupees and where such contravention continues, he shall be liable to pay an additional penalty of ten thousand rupees every day during which such contravention continues. **44. Penalty for contravention of section 25 or section 26.—Where for the purpose of grant of a** consent in pursuance of the provisions of section 25 or section 26, the use of a meter or gauge or other measure or monitoring device is required and such device is used for the purposes of those provisions, any person who knowingly or wilfully alters or interferes with that device so as to prevent it from monitoring or measuring correctly shall be liable to pay penalty which shall not be less than ten thousand rupees, but which may extend to fifteen lakh rupees.] **[45. Enhanced penalty after previous conviction.]—Omitted by the Water (Prevention and Control** _of Pollution Amendment) Act, 2024 (5 of 2024), s. 9 (w.e.f. 15-2-2024)._ **4[45A. Penalty for contravention of certain provisions of Act.— If any person contravenes any of** the provisions of this Act or any order or direction issued thereunder, for which no penalty has been provided for in this Act, shall be liable to pay the penalty which shall not be less than ten thousand rupees, but which may extend to fifteen lakh rupees, and where such contravention continues, he shall be liable to pay an additional penalty which may extend to ten thousand rupees for every day during which such contravention continues. **45B. Adjudicating officer.—(1) The Central Government, for the purposes of determining the** penalties under the provisions of this Act shall appoint an officer not below the rank of Joint Secretary to the Government of India or a Secretary to the State Government to be the adjudicating officer, to hold an inquiry and to impose the penalty in the manner, as may be prescribed: Provided that the Central Government may appoint as many adjudicating officers as may be required. (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 contravened the provisions of this Act, he may determine such penalty as he thinks fit under the provisions of this Act: Provided that no such penalty shall be imposed without giving the person concerned an opportunity of being heard in the matter. 1. Subs. by Act 5 of 2021, s. 7, for long line (w.e.f. 15-2-2024). 2. Subs. by s. 7, ibid., for sub-section (2) (w.e.f. 15-2-2024). 3. Subs. by s. 8, ibid., for section 43 and 44 (w.e.f. 15-2-2024). 4. Subs. by s. 10, ibid., for section 45A (w.e.f. 15-2-2024). 24 ----- (3) The amount of penalty imposed under the provisions of sections 41, 41A, 42, 43, 44, 45A and 48, shall be in addition to the liability to pay relief or compensation under section 15 read with section 17 of the National Green Tribunal Act, 2010 (19 of 2010). **45C. Appeal.— (1) Any person aggrieved by the order passed by the adjudicating officer under** section 45B may prefer an appeal to the National Green Tribunal established under section 3 of the National Green Tribunal Act, 2010 (19 of 2010). (2) Every appeal under sub-section (1) shall be filed within sixty days from the date on which the copy of the order made by the adjudicating officer is received by the aggrieved person. (3) The National Green Tribunal may, after giving the parties to the appeal an opportunity of being heard, pass such order as it thinks fit, confirming, modifying or setting aside the order appealed against. (4) Where an appeal is preferred against any order of the adjudicating officer under sub-section (1), such appeal shall not be entertained by the Tribunal unless such person has deposited with the Tribunal ten per cent. of the amount of the penalty imposed by the adjudicating officer. **45D. Penalty amount to be credited to Environmental Protection Fund.—Where an adjudicating** officer imposes penalty or additional penalty, as the case may be, under the provisions of this Act, the amount of such penalty shall be credited to the Environmental Protection Fund established under section 16 of the Environment (Protection) Act, 1986 (29 of 1986). **45E. Offences for failure to comply with provisions of section 25 or 26 and for failure to pay** **penalty.—(1) Whoever fails to comply with the provisions of section 25 or section 26, in respect of each** such failure, shall be punishable with imprisonment for a term which shall not be less than one year and six months but which may extend to six years and with fine, and in case the failure continues, with an additional fine which may extend to fifty thousand rupees for every day during which such failure continues after the conviction for the first such failure. (2) If the failure 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 shall not be less than two years but which may extend to seven years and with fine. (3) Where any person fails to pay the penalty or the additional penalty, as the case may be, imposed under the provisions of this Act within ninety days of such imposition, he shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to twice the amount of the penalty or additional penalty so imposed or with both. (4) Where any offence under sub-section (1) or sub-section (2) or sub-section (3) has been committed by a company, every person who, at the time the offence was committed, was directly in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of such offence and he shall be liable to be proceeded against and punished accordingly: Provided that nothing in this sub-section shall render any such person liable to any punishment provided in sub-section (1) or sub-section (2) or sub-section (3), 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 in sub-section (4), where an offence has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, 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” includes body corporate, firm, trust, society and any other association of individuals; (b) “director”, includes director of the company, partner of the firm, members of the society or trust or member of any association of individuals, as the case may be.] 25 ----- **46. Publication of names of offenders.—If any person convicted of an offence under this Act** commits a like offence afterwards it shall be lawful for the court before which the second or subsequent conviction takes place to cause the offender’s name and place of residence, the offence and the penalty imposed to be published at the offender’s expense in such newspapers or in such other manner as the court may direct and the expenses of such publication shall be deemed to be part of the cost attending the conviction and shall be recoverable in the same manner as a fine **[47. Offences by companies.]— Omitted by the Water (Prevention and Control of Pollution** _Amendment) Act, 2024 (5 of 2024), s. 11, (w.e.f. 15-2-2024)._ **1[48. Penalty for contravention by Government Department.— (1) Where contravention of any** provision of this Act has been committed by any Department of the Central Government or State Government, the Head of the Department shall be liable to pay the penalty equal to one month of his basic salary: Provided that such Head of the Department shall not be liable for such contravention, if he proves that the contravention was committed without his knowledge or instructions or that he exercised all due diligence to prevent such contravention. (2) Where any contravention under sub-section (1) is attributable to any neglect on the part of, any officer, other than the Head of the Department, such officer shall be liable to pay the penalty equal to one month of his basic salary: Provided that such officer shall not be liable for the contravention, if he proves that he exercised all due diligence to avoid such contravention.] **49. Cognizance of offences.—[2][(1) No court shall take cognizance of any offence under this Act** except on a complaint made by— (a) a Board or any officer authorised in this behalf by it; or 3[(aa) the adjudicating officer or any officer authorised by him in this behalf; or] (b) any person who has given notice of not less than sixty days, in the manner prescribed, of the alleged offence and of his intention to make a complaint, to the Board or officer authorised as aforesaid, 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.] 4[(2) Where a complaint has been made under clause (b) of sub-section (1), the Board shall, on demand by such person, make available the relevant reports in its possession to that person: Provided that the Board may refuse to make any such report available to such person if the same is, in its opinion, against the public interest.] 5[(3)] Notwithstanding anything contained in 6[section 29 of the Code of Criminal Procedure, 1973 (2 of 1974)], it shall be lawful for any [7][Judicial Magistrate of the first class or for any Metropolitan Magistrate] to pass a sentence of imprisonment for a term exceeding two years or of fine exceeding two thousand rupees on any person convicted of an offence punishable under this Act. **50. Members, officers and servants of Board to be public servants.—All members, officers and** servants of a Board when acting or purporting to act in pursuance of any of the provisions of this Act and the rules made thereunder shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860). 1. Subs. by Act 5 of 2024, s. 12, for section 48, (w.e.f. 15-2-2024). 2. Subs. by Act 53 of 1988, s. 26, for sub-section (1) (w.e.f. 29-9-1988). 3. Ins. by Act 5 of 2024, s. 13, (w.e.f. 15-2-2024). 4. Ins. by Act 53 of 1988, s. 26, (w.e.f. 29-9-1988). 5. Sub-section (2) renumbered as sub-section (3) thereof by s. 26, ibid. (w.e.f. 29-9-1988). 6. Subs. by Act 44 of 1978, s. 19, for “section 32 of the Code of Criminal Procedure, 1898 (5 of 1898)” (w.e.f. 12-12-1978). 7. Subs. by s. 19, ibid., for “Magistrate of the first class or for any Presidency Magistrate” (w.e.f. 12-12-1978). 26 ----- CHAPTER VIII MISCELLANEOUS **51. Central Water Laboratory.—(1) The Central Government may, by notification in the Official** Gazette,— (a) establish a Central Water Laboratory; or (b) specify any laboratory or institute as a Central Water Laboratory, to carry out the functions entrusted to the Central Water Laboratory under this Act. (2) The Central Government may, after consultation with the Central Board, make rules prescribing— (a) the functions of the Central Water Laboratory; (b) the procedure for the submission to the said laboratory of samples of water or of sewage or trade effluent for analysis or tests, the form of the laboratory’s report thereunder and the fees payable in respect of such report; (c) such other matters as may be necessary or expedient to enable that laboratory to carry out its functions. **52.** **State Water Laboratory.—(1) The State Government may, by notification in the Official** Gazette,— (a) establish a State Water Laboratory; or (b) specify any laboratory or institute as a State Water Laboratory, to carry out the functions entrusted to the State Water Laboratory under this Act. (2) The State Government may, after consultation with the State Board, make rules prescribing— (a) the functions of the State Water Laboratory; (b) the procedure for the submission to the said laboratory of samples of water or of sewage or trade effluent for analysis or tests, the form of the laboratory’s report thereon and the fees payable in respect of such report; (c) such other matters as may be necessary or expedient to enable that laboratory to carry out its functions. **53.** **Analysts.—(1) The Central Government may, by notification in the Official Gazette, appoint such** persons as it thinks fit and having the prescribed qualifications to be Government analysts for the purpose of analysis of samples of water or of sewage or trade effluent sent for analysis to any laboratory established or specified under sub-section (1) of section 51. (2) The State Government may, by notification in the Official Gazette, appoint such persons as it thinks fit and having the prescribed qualifications to be Government analysts for the purpose of analysis of samples of water or of sewage or trade effluent sent for analysis to any laboratory established or specified under sub-section (1) of section 52. (3) Without prejudice to the provisions of sub-section (3) of section 12, the Central Board or, as the case may be, the State Board may, by notification in the Official Gazette, and with the approval of the Central Government or the State Government, as the case may be, appoint such persons as it thinks fit and having the prescribed qualifications to be Board analysts for the purpose of analysis of samples of water or of sewage or trade effluent sent for analysis to any laboratory established or recognised under section 16, or, as the case may be, under section 17. **54.** **Reports of analysts.—Any document purporting to be a report signed by a Government analyst** or, as the case may be, a Board analyst may be used as evidence of the facts stated therein in any proceeding under this Act. **55.** **Local authorities to assist.—All local authorities shall render such help and assistance and** furnish such information to the Board as it may require for the discharge of its functions, and shall make available to the Board for inspection and examination such records, maps, plans and other documents as may be necessary for the discharge of its functions. **56.** **Compulsory acquisition of land for the State Board.—Any land required by a State Board for** the efficient performance of its functions under this Act shall be deemed to be needed for a public purpose and such land shall be acquired for the State Board under the provisions of the Land Acquisition Act, 1894 (1 of 1894), or under any other corresponding law for the time being in force. 27 ----- **57.** **Returns and reports.—The Central Board shall furnish to the Central Government, and a** State Board shall furnish to the State Government and to the Central Board such reports, returns, statistics, accounts and other information with respect to its fund or activities as that Government, or, as the case may be, the Central Board may, from time to time, require. **58.** **Bar of jurisdiction.—No civil court shall have jurisdiction to entertain any suit or proceeding in** respect of any matter which an appellate authority constituted under this Act 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. **59.** **Protection of action taken in good faith.—No suit or other legal proceedings shall lie against** the Government or any officer of Government or 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 or the rules made thereunder. **60.** **Overriding effect.—The provisions of this Act shall have effect notwithstanding anything** inconsistent therewith contained in any enactment other than this Act. **61.** **Power of Central Government to supersede the Central Board and Joint Boards.—(1) If at** any time the Central Government is of opinion— (a) that the Central Board or any Joint Board has persistently made default in the performance of the functions imposed on it by or under this Act; or (b) that circumstances exist which render it necessary in the public interest so to do, the Central Government may, by notification in the Official Gazette, supersede the Central Board or such Joint Board, as the case may be, for such period, not exceeding one year, as may be specified in the notification: Provided that before issuing a notification under this sub-section for the reasons mentioned in clause (a), the Central Government shall give a reasonable opportunity to the Central Board or such Joint Board, as the case may be, to show cause why it should not be superseded and shall consider the explanations and objections, if any, of the Central Board or such Joint Board, as the case may be. (2) Upon the publication of a notification under sub-section (1) superseding the Central Board or any Joint Board,— (a) all the members shall, as from the date of supersession vacate their offices as such; (b) all the powers, functions and duties which may, by or under this Act, be exercised, performed or discharged by the Central Board or such Joint Board shall, until the Central Board or the Joint Board, as the case may be, is reconstituted under sub-section (3) be exercised, performed or discharged by such person or persons as the Central Government may direct; (c) all property owned or controlled by the Central Board or such Joint Board shall, until the Central Board or the Joint Board, as the case may be, is reconstituted under sub-section (3) vest in the Central Government. (3) On the expiration of the period of supersession specified in the notification issued under sub section (1), the Central Government may— (a) extend the period of supersession for such further term, not exceeding six months, as it may consider necessary; or (b) reconstitute the Central Board or the Joint Board, as the case may be, by fresh nomination or appointment, as the case may be, and in such case any person who vacated his office under clause (a) of sub-section (2) shall not be deemed disqualified for nomination or appointment: Provided that the Central Government may at any time before the expiration of the period of supersession, whether originally specified under sub-section (1) or as extended under this sub-section, take action under clause (b) of this sub-section. 28 ----- **62.** **Power of State Government to supersede State Board.—(1) If at any time the State** Government is of opinion— (a) that the State Board has persistently made default in the performance of the functions imposed on it by or under this Act; or (b) that circumstances exist which render it necessary in the public interest so to do, the State Government may, by notification in the Official Gazette, supersede the State Board for such period, not exceeding one year, as may be specified in the notification: Provided that before issuing a notification under this sub-section for the reasons mentioned in clause (a), the State Government shall give a reasonable opportunity to the State Board to show cause why it should not be superseded and shall consider the explanations and objections, if any, of the State Board. (2) Upon the publication of a notification under sub-section (1) superseding the State Board, the provisions of sub-sections (2) and (3) of section 61 shall apply in relation to the supersession of the State Board as they apply in relation to the supersession of the Central Board or a Joint Board by the Central Government. **63.** **Power of Central Government to make rules.—(1) The Central Government may,** simultaneously with the constitution of the Central Board, make rules in respect of the matters specified in sub-section (2): Provided that when the Central Board has been constituted, no such rule shall be made, varied, amended or repealed without consulting the Board. (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 terms and conditions of service of the members (other than the chairman and member-secretary) of the Central Board under sub-section (8) of section 5; 1[(aa) the manner of nomination of the chairman of the State Board and the terms and conditions of service of the chairman of the State Board under clause (a) of sub-section (2) of section 4 and under sub-section (9) of section 5;] (b) the intervals and the time and place at which meetings of the Central Board or of any committee thereof constituted under this Act, shall be held and the procedure to be followed at such meetings, including the quorum necessary for the transaction of business under section 8, and under sub-section (2) of section 9; (c) the fees and allowances to be paid to such members of a committee of the Central Board as are not members of the Board under sub-section (3) of section 9; 2[(d) the manner in which and the purposes for which persons may be associated with the Central Board under sub-section (1) of section 10 and the fees and allowances payable to such persons;] (e) the terms and conditions of service of the chairman and the member-secretary of the Central Board under sub-section (9) of section 5 and under sub-section (1) of section 12; (f) conditions subject to which a person may be appointed as a consulting engineer to the Central Board under sub-section (4) of section 12; (g) the powers and duties to be exercised and performed by the chairman and the member-secretary of the Central Board; 3* - - - (j) the form of the report of the Central Board analyst under sub-section (1) of section 22; 1. Ins. by Act 5 of 2024, s. 14, (w.e.f. 15-2-2024). 2. Subs. by Act 44 of 1978, s. 20, for clause (d) (w.e.f. 12-12-1978) 3. Clauses (h) and (i) omitted by s. 20, ibid. (w.e.f. 12-12-1978). 29 ----- (h) the form of the report of the Government analyst under sub-section (3) of section 22; 1[(l) the form in which and the time within which the budget of the Central Board may be prepared and forwarded to the Central Government under section 38; (ll) the form in which the annual report of the Central Board may be prepared under section 39;] (m) the form in which the accounts of the Central Board may be maintained under section 40; 2[(ma) the manner of holding inquiry and imposing penalties by the adjudicating officer under section 45B;] 3[(mm) the manner in which notice of intention to make a complaint shall be given to the Central Board or officer authorised by it under section 49;] (n) any other matter relating to the Central Board, including the powers and functions of that Board in relation to Union territories; (o) any other matter which has to be, or may be, prescribed. (3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, [4][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. **64. Power of State Government to make rules.—(1) The State Government may, simultaneously** with the constitution of the State Board, make rules to carry out the purposes of this Act in respect of matters not falling within the purview of section 63: Provided that when the State Board has been constituted, no such rule shall be made, varied, amended or repealed without consulting that Board. (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 terms and conditions of service of the members (other than the chairman and the member-secretary) of the State Board under sub-section (8) of section 5; (b) the time and place of meetings of the State Board or of any committee of that Board constituted under this Act and the procedure to be followed at such meeting, including the quorum necessary for the transaction of business under section 8 and under sub-section (2) of section 9; (c) the fees and allowances to be paid to such members of a committee of the State Board as are not members of the Board under sub-section (3) of section 9; (d) the manner in which and the purposes for which persons may be associated with the State Board under sub-section (1) of section 10 [5][and the fees and allowances payable to such persons]; (e) the terms and conditions of service of [6][the member-secretary of the State Board] under sub-section (1) of section 12; (f) the conditions subject to which a person may be appointed as a consulting engineer to the State Board under sub-section (4) of section 12; (g) the powers and duties to be exercised and discharged by the chairman and the member-secretary of the State Board; 1. Subs. by Act 53 of 1988, s. 27, for clause (l) (w.e.f. 29-9-1988). 2. Ins. by Act 5 of 2024, s. 14, (w.e.f. 15-2-2024). 3. Ins. by Act 53 of 1988, s. 27, (w.e.f. 29-9-1988) 4. Subs. by Act 44 of 1978, s. 20, for certain words (w.e.f. 12-12-1978). 5. Ins. by s. 21, ibid. (w.e.f. 12-12-1978). 6. Subs. by Act 5 of 2024, s. 15, ibid., for certain words (w.e.f. 15-2-2024). 30 ----- (h) the form of the notice referred to in section 21; (i) the form of the report of the State Board analyst under sub-section (1) of section 22; (j) the form of the report of the Government analyst under sub-section (3) of section 22; (k) the form of application for the consent of the State Board under sub-section (2) of section 25, and the particulars it may contain; (l) the manner in which inquiry under sub-section (3) of section 25 may be made in respect of an application for obtaining consent of the State Board and the matters to be taken into account in granting or refusing such consent; (m) the form and manner in which appeals may be filed, the fees payable in respect of such appeals and the procedure to be followed by the appellate authority in disposing of the appeals under sub-section (3) of section 23; 1[(n) the form in which and the time within which the budget of the State Board may be prepared and forwarded to the State Government under section 38; (nn) the form in which the annual report of the State Board may be prepared under section 39;] (o) the form in which the accounts of the State Board may be maintained under sub-section (1) of section 40; 2[(oo) the manner in which notice of intention to make a complaint shall be given to the State Board or officer authorised by it under section 49;] (p) any other matter which has to be, or may be, prescribed. 1. Subs. by Act 53 of 1988, s. 28, for clause (n) (w.e.f. 29-9-1988). 2. Ins. by s. 28, ibid. (w.e.f. 29-9-1988). 31 -----

27-Mar-1974

12

The Economic Offences (Inapplicability of Limitation)  Act, 1974

https://www.indiacode.nic.in/bitstream/123456789/1613/4/A1974-12.pdf

central

# THE ECONOMIC OFFENCES (IN APPLICABILITY OF LIMITATION) ACT, 1974 ________ ARRANGEMENT OF SECTIONS ________ SECTIONS 1. Short title, extent and commencement. 2. Chapter XXXVI of the Code of Criminal Procedure, 1973 not to apply to certain offences. THE SCHEDULE. 1 ----- # THE ECONOMIC OFFENCES (IN APPLICABILITY OF LIMITATION) ACT,1974 ACT NO. 12 OF 1974 [27th March, 1974.] # An Act to provide for the inapplicability of the provisions of Chapter XXXVI of the Code of Criminal Procedure, 1973 to certain economic offences. BE it enacted by Parliament in the Twenty-fifth Year of the Republic of India as follows:— **1. Short title, extent and commencement.—(1) This Act may be called the Economic Offences** (Inapplicability of Limitation) Act, 1974. (2) It extends to the territories to which the Code of Criminal Procedure, 1973 (2 of 1974) applies. (3) It shall come into force on the 1st day of April, 1974. **2. Chapter XXXVI of the Code of Criminal Procedure, 1973 not to apply to certain offences.—** Nothing in Chapter XXXVI of the Code of Criminal Procedure, 1973 (2 of 1974) shall apply to— (i) any offence punishable under any of the enactments [1][or provisions, if any, thereof] specified in the Schedule; or (ii) any other offence, which under the provisions of that Code, may be tried along with such offence, and every offence referred to in clause (i) or clause (ii) may be taken cognizance of by the Court having jurisdiction as if the provisions of that Chapter were not enacted. 1. Ins. by Act 65 of 1984, s. 10 (w.e.f. 8-10-1984). 2 ----- THE SCHEDULE (See section 2) 1. The Indian Income Tax Act, 1922 (11 of 1922). 1[1A. Clause (a) of section 63 of the Copyright Act, 1957 (14 of 1957).] 2. The Income Tax Act, 1961 (43 of 1961). 2[2A. The Interest-tax Act, 1974 (45 of 1974).] 3[2B. The Hotel-Receipts Tax Act, 1980 (54 of 1980).] 4[2C. The Expenditure-tax Act, 1987 (35 of 1987).] 3. The Companies (Profits) Surtax Act, 1964 (7 of 1964). 4. The Wealth-Tax Act, 1957 (27 of 1957). 5. The Gift-Tax Act, 1958 (18 of 1958). 6. The Central Sales Tax Act, 1956 (74 of 1956). 7. The Central Excises and Salt Act, 1944 (1 of 1944). 5[7A. Chapter V of the Finance Act, 1994 (32 of 1994).] 8. The Medicinal and Toilet Preparations (Excise Duties) Act, 1955 (16 of 1955). 9. The Customs Act, 1962 (52 of 1962). 10. The Gold (Control) Act, 1968 (45 of 1968). 11. The Imports and Exports (Control) Act, 1947 (18 of 1947). 12. The Foreign Exchange Regulation Act, 1947 (7 of 1947). 13. The Foreign Exchange Regulation Act, 1973 (46 of 1973). 14. The Capital Issues (Control) Act, 1947 (29 of 1947). 15. The Indian Stamp Act, 1899 (2 of 1899). 16. The Emergency Risks (Goods) Insurance Act, 1962 (62 of 1962). 17. The Emergency Risks (Factories) Insurance Act, 1962 (63 of 1962). 18. The Emergency Risks (Goods) Insurance Act, 1971 (50 of 1971). 19. The Emergency Risks (Undertakings) Insurance Act, 1971 (51 of 1971). 20. The General Insurance Business (Nationalisation) Act, 1972 (57 of 1972). 6[21. The Industries (Development and Regulation) Act, 1951 (65 of 1951).] 1. Ins. by Act 65 of 1984, s. 10 (w.e.f. 8-10-1984). 2. Ins. by Act 45 of 1974, s. 30 (w.e.f. 23-9-1974). 3. Ins. by Act 54 of 1980, s. 37 (w.e.f. 9-12-1980). 4. Ins. by Act 35 of 1987, s. 33 (w.e.f. 1-11-1987). 5. Ins. by Act 32 of 1994, s. 96 (w.e.f. 13-5-1994). 6. Ins. by Act 46 of 1981, s. 2 (w.e.f. 15-12-1981). 3 -----

3-Sep-1974

39

The University of Hyderabad Act, 1974

https://www.indiacode.nic.in/bitstream/123456789/1615/1/197439.pdf

central

# THE UNIVERSITY OF HYDERABAD ACT, 1974 ____________ # ARRANGEMENT OF SECTIONS ____________ SECTIONS 1. Short title and commencement. 2. Definitions. 3. The University. 4. Objects. 5. Powers of the University. 6. Jurisdiction. 7. University open to all classes, castes and creed. 8. Visitor. 9. Chief Rector. 10. Officers of the University. 11. The Chancellor. 12. The Vice-Chancellor. 13. The Pro-Vice-Chancellors. 14. Deans of Schools. 15. The Registrar. 16. The Finance Officer. 17. Other officers. 18. Authorities of the University. 19. The Court. 20. The Executive Council. 21. The Academic Council. 22. Other authorities of the University. 23. Planning Board. 24. Statutes. 25. Statutes how made. 26. Ordinances. 27. Regulations. 28. Annual report. 29. Annual accounts. 30. Conditions of service of employees. 31. Procedure of appeal and arbitration in disciplinary cases against students. 32. Right to appeal. 33. Provident and pension funds. 34. Disputes as to constitution of University authorities and bodies. 35. Constitution of Committees. 36. Filling of casual vacancies. 37. Proceedings of University authorities or bodies not invalidated by vacancies. 38. Protection of action taken in good faith. 39. Mode of proof of University record. 40. Power to remove difficulties. 41. Transitional provisions. THE SCHEDULE. 1 ----- # THE UNIVERSITY OF HYDERABAD ACT, 1974 ACT NO. 39 OF 1974 [3rd September, 1974.] # An Act to establish and incorporate a teaching University in the State of Andhra Pradesh and to provide for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Twenty-fifth Year of the Republic of India as follows:— **1. Short title and commencement.—(1) This Act may be called the University of Hyderabad** Act, 1974. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. **2. Definitions.—In this Act, and in all Statutes made hereunder, unless the context otherwise** requires,— (a) “Academic council” means the Academic Council of the University; (b) “academic staff” means such categories of staff as are designated as academic staff by the Ordinances; (c) “Board of Studies” means the Board of Studies of the University; (d) “Chancellor”, “Vice-Chancellor” and “Pro-Vice-Chancellor” mean, respectively, the Chancellor, Vice-Chancellor and Pro-Vice-Chancellor of the University; (e) “College” means a College maintained by the University; (f) “Court” means the Court of the University; (g) “Department” means a Department of Studies, and includes a Centre of Studies; (h) “employee” means any person appointed by the University, and includes teachers and other staff of the University; (i) “Executive Council” means the Executive Council of the University; (j) “Hall” means a unit of residence or of corporate life for the students of the University, College or Institution, provided, maintained or recognised by the University; (k) “Institution” means an academic institution, not being a College, maintained by the University; (l) ”Principal” means the Head of a College or an Institution; (m) “recognised institution” means an institution of higher learning recognised by the University; (n) “recognised teachers” means person working in any recognised institution or in any Institution associated with the University and recognised by the University for the purpose of imparting instruction or conducting research or both; (o) “School” means a School of Studies of the University; (p) “Statutes”, “Ordinances” and “Regulations”, mean, respectively, the Statutes, Ordinances and Regulations of the University for the time being in force; (q) “teachers of the University” means Professors, Readers, Lecturers and such other persons as may be appointed for imparting instruction or conducting research in the University or in any College or Institution maintained by the University and designated as teachers by the Ordinances; 2 ----- (r) “University” means the University of Hyderabad. **3. The University.—(1) There shall be established, in the State of Andhra Pradesh, a University by** the name of “University of Hyderabad”. (2) The headquarters of the University shall be at Hyderabad and it may establish campuses at such other places within its jurisdiction as it may deem fit. (3) The first Chancellor and the first Vice-Chancellor and the first members of the Court, the Executive Council and the Academic Council and all persons who may hereafter become such officers or members, so long as they continue to hold such office or membership, are hereby constituted a body corporate by the name of “University of Hyderabad”. (4) The University shall have perpetual succession and a common seal, and shall sue and be sued by the said name. **4. Objects.—The objects of the University shall be to disseminate and advance knowledge by** providing instructional and research facilities in such branches of learning as it may deem fit and by the example of its corporate life, and, in particular, to make special provisions for integrated courses in humanities and science in the educational programmes of the University and to take appropriate measures for promoting inter-disciplinary studies and research in the University. **5. Powers of the University.—The University shall have the following powers, namely:—** (1) to provide for instructions in such branches of learning as the University may, from time to time, determine and to make provision for research and for the advancement and dissemination of knowledge; (2) to grant, subject to such conditions as the University may determine, diplomas or certificates to, and confer degrees and other academic distinctions on the basis of examinations, evaluation or any other method of testing, on persons, and to withdraw any such diplomas, certificates, degrees or other academic distinctions for good and sufficient cause; (3) to organise and to undertake extra-mural studies and extension services; (4) to confer honorary degrees or other distinctions in the manner prescribed by the Statutes; (5) to provide instruction, including correspondence and such other courses, to such persons as are not members of the University, as it may determine; (6) to institute Principalships, Professorships, Readerships, Lecturerships, and other teaching or academic posts required by the University and to appoint persons to such Principalships, Professorships, Readerships, Lecturerships or other posts; (7) to recognise an Institution of higher learning for such purposes as the University may determine and to withdraw such recognition; (8) to recognise persons working in any recognised institution or in any Institution associated with the University for imparting instruction or supervising research or both, and to withdraw such recognition; (9) to appoint persons working in any other University ororganisation as teachers of the University for a specified period; (10) to create administrative, ministerial and other posts and to make appointments thereto; (11) to co-operate or collaborate or associate with any other University or authority or institution of higher learning in such manner and for such purposes as the University may determine; 3 ----- (12) to establish such 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; (13) to institute and award fellowships, scholarships, studentships, medals and prizes; (14) to establish and maintain Colleges, Institutions and Halls; (15) 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; (16) to declare a College an Institution or a Department as an autonomous College or Institution or Department as the case may be; (17) to determine standards for admission into the University, which may include examination, evaluation or any other method of testing; (18) to demand and receive payment of fees and other charges; (19) to supervise the residences of the students of the University and to make arrangements for promoting their health and general welfare; (20) to make special arrangements in respect of women students as the University may consider desirable; (21) to regulate and enforce discipline among the employees and students of the University and take such disciplinary measures in this regard as may be deemed by the University to be necessary; (22) to make arrangements for promoting the health and general welfare of the employees; (23) to receive donations and to acquire, hold, manage and dispose of any property, movable or immmovable, including trust and endowment properties for the purposes of the University; (24) to borrow, with the approval of the Central Government, on the security of the property of the University, money for the purposes of the University; (25) to do all such other acts and things as may be necessary, incidental or conducive to the attainment of all or any of the objects of the University. **6. Jurisdiction.—(1) The jurisdiction of the University shall extend to the whole of the State of** Andhra Pradesh. (2) No institution affiliated to or associated with or maintained by any other University in the State of Andhra Pradesh shall be recognised by the University of Hyderabad for any purpose except with the prior approval of the Government of the State of Andhra Pradesh and the concerned University. **7. University open to all classes, castes and creed.—The University shall be open to persons of** either sex and of whatever race, creed, caste, or class, and it shall not be lawful for the University to adopt or impose on any person any test whatsoever of religious belief or profession in order to entitle him to be admitted therein, as a teacher or student, or to hold any office therein, or to graduate thereat or to enjoy or exercise any privilege thereof: Provided that nothing in this section shall be deemed to prevent the University from making special provisions for admission of students of the weaker sections of the people and, in particular, of the Scheduled Castes and the Scheduled Tribes. 4 ----- **8. Visitor.—(1) The President of India shall be the Visitor of the University.** (2) The Visitor shall have the right to cause an inspection to be made by such person or persons as he may direct, of the University, its buildings, laboratories and equipment, and of any College or Institution maintained by the University; and also of the examinations, teaching and other work conducted or done by the University and to cause an inquiry to be made in like manner in respect of any matter connected with the administration or finances of the University, Colleges or Institutions. (3) The Visitor shall, in every case, give notice to the University of his intention to cause an inspection or inquiry to be made and on receipt of such notice, the University shall have the right to make such representations to the Visitor, as it may consider necessary. (4) After considering the representations, if any, made by the University, the Visitor may cause to be made such inspection or inquiry as is referred to in sub-section (2). (5) Where any inspection or inquiry has been caused to be made by the Visitor, the University shall be entitled to appoint a representative who shall have the right to be present and to be heard at such inspection or inquiry. (6) The Visitor may, if the inspection or inquiry is made in respect of the University or any College or Institution maintained by it, address the Vice-Chancellor with reference to the result of such inspection or inquiry, and the Vice-Chancellor shall communicate to the Executive Council the views of the Visitor with such advice as the Visitor may be pleased to offer upon the action to be taken thereon. (7) The Executive Council shall communicate through the Vice-Chancellor to the Visitor such action, if any, as it proposes to take or has been taken upon the result of such inspection or inquiry. (8) Where the Executive Council does not, within a reasonable time, take action to the satisfaction of the Visitor, the Visitor may, after considering any explanation furnished or representation made by the Executive Council, issue such directions as he may think fit and the Executive Council shall comply with such directions. (9) Without prejudice to the foregoing provisions of this section, the Visitor may, by order in writing, annul any proceeding of the University which is not in conformity with this Act, the Statutes or 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 Visitor shall have such other powers as may be prescribed by the Statutes. **9. Chief Rector.—The Governor of the State of Andhra Pradesh shall be the Chief Rector of the** University. **10. Officers of the University.—The following shall be the officers of the University:—** (1) The Chancellor; (2) The Vice-Chancellor; (3) The Pro-Vice-Chancellor or, if more than one are appointed, the Pro-Vice-Chancellors; (4) The Deans of Schools; (5) The Registrar; (6) The Finance Officer; and (7) Such other officers as may be declared by the Statutes to be officers of the University. 5 ----- **11. The Chancellor.—(1) The Chancellor shall be appointed by the Visitor in such manner as may be** prescribed by the Statutes. (2) The Chancellor shall, by virtue of his office, be the Head of the University. (3) The Chancellor shall, if present, preside at the convocations of the University held for conferring degrees. **12. The Vice-Chancellor.—(1) The Vice-Chancellor shall be appointed by the Visitor in such** manner as may be prescribed by the Statutes. (2) The Vice-Chancellor shall be the principal executive and academic officer of the University, and shall exercise general supervision and control over the affairs of the University and give effect to the decisions of all the authorities of the University. (3) The Vice-Chancellor may, if he is of opinion that immediate action is necessary on any matter, exercise any power conferred on any authority of the University by or under this Act and shall report to such authority the action taken by him on such matter: Provided that if the authority concerned is of opinion that such action ought not to have been taken, it may refer the matter to the Visitor whose decision thereon shall be final: Provided further that any person in the service of the University who is aggrieved by the action taken by the Vice-Chancellor under this sub-section shall have the right to appeal against such action to the Executive Council within three months from the date on which decision on such action is communicated to him and thereupon the Executive Council may confirm, modify or reverse the action taken by the Vice-Chancellor. (4) The Vice-Chancellor shall exercise such other powers and perform such other functions as may be prescribed by the Statutes or Ordinances. **13. The Pro-Vice-Chancellors.—Every Pro-Vice-Chancellor shall be appointed in such manner and** shall exercise such powers and perform such duties as may be prescribed by the Statutes. **14. Deans of Schools.—Every Dean of a School shall be appointed in such manner and shall exercise** such powers and perform such duties as may be prescribed by the Statutes. **15. The Registrar.—(1) The Registrar shall be appointed in such manner as may be prescribed by the** Statutes. (2) The Registrar shall have the power to enter into agreements, sign documents and authenticate records on behalf of the University and shall exercise such other powers and perform such other duties as may be prescribed by the Statutes. **16. The Finance Officer.—The Finance Officer shall be appointed in such manner and shall exercise** such powers and perform such duties as may be prescribed by the Statutes. **17. Other officers.—The manner of appointment and powers and duties of other officers of the** University shall be prescribed by the Statutes. 6 ----- **18. Authorities of the University.—The following shall be the authorities of the University:—** (1) The Court; (2) The Executive Council; (3) The Academic Council; (4) The Boards of Schools; and (5) Such other authorities as may be declared by the Statutes to be authorities of the University. **19. The Court.—(1) The constitution of the Court and the term of office of its members shall be** prescribed by the Statutes. (2) Subject to the provisions of this Act, the Court shall have the following powers and functions, namely:— (a) to review, from time to time, the broad policies and programmes of the University and to suggest measures for the improvement and development of the University; (b) to consider and pass resolutions on the annual report and the annual accounts of the University and the audit report on such accounts; (c) to advise the Visitor in respect of any matter which may be referred to it for advice; and (d) to perform such other functions as may be prescribed by the Statutes. **20. The Executive Council.—(1) The Executive Council shall be the principal Executive body of the** University. (2) The constitution of the Executive Council, the term of office of its members and its powers and functions shall be prescribed by the Statutes. **21. The Academic Council.—(1) The Academic Council shall be the principal academic body of the** University and shall, subject to the provisions of this Act, the Statutes and Ordinances, co-ordinate and exercise general supervision over the academic policies of the University. (2) The constitution of the Academic Council, the term of office of its members and its powers and functions shall he prescribed by the Statutes. **22. Other authorities of the University.—The constitution, powers and functions of the Boards of** Schools and of such other authorities as may be declared by the Statutes to be authorities of the University, shall be prescribed by the Statutes. **23. Planning board.—(1) There shall be constituted a Planning Board of the University which shall** advise generally on the planning and development of the University and keep under review the standard of education and research in the University. (2) The constitution of the Planning Board and the manner of appointment of its members shall be prescribed by the Statutes. (3) The Visitor may determine a date with effect from which the Planning Board shall stand dissolved. **24. Statutes.—Subject to the provisions of this Act, the Statutes may provide for all or any of the** following matters, namely:— (a) the constitution, powers and functions of the authorities and other bodies of the University, as may be constituted from time to time; 7 ----- (b) the election and continuance in office of the members of the said authorities and bodies, the filling of vacancies of members, and all other matters relative to those authorities and other bodies for which it may be necessary or desirable to provide; (c) the appointment, powers and duties of the officers of the University and their emoluments and other terms and conditions of service; (d) the appointment of teachers of the University and other academic staff and their emoluments and other terms and conditions of service; (e) the appointment of teachers and other academic staff working in any other University or organisation for a specified period for undertaking a joint project; (f) the conditions of service of employees including provision for pension, insurance and provident fund, the manner of termination of service and disciplinary action; (g) the principles governing seniority of service of employees; (h) the procedure for arbitration in cases of dispute between employees or students and the University; (i) the procedure for appeal to the Executive Council by any employee or student against the action of any officer or authority of the University; (j) the establishment and recognition of Students’ Union or associations of teachers, academic staff or other employees; (k) the participation of students in the affairs of the University; (l) the conferment of honorary degrees; (m) the withdrawal of degrees, diplomas, certificates and other academic distinctions; (n) the institution of fellowships, scholarships, studentships, medals and prizes; (o) the maintenance of discipline among the students; (p) the establishment and abolition of Schools, Departments, Halls, Colleges and Institutions; (q) the extent of autonomy which a College, Institution or Department may have and the matters in relation to which such autonomy may be exercised; (r) the delegation of powers vested in the authorities or officers of the University; and (s) all other matters which by this Act are to be, or may be, provided by the Statutes. **25. Statutes how made.—(1) The first Statutes are those set out in the Schedule.** (2) The Executive Council may, from time to time, make new or additional Statutes or may amend or repeal the Statutes referred to in the sub-section (1): Provided that the Executive Council shall not make, amend or repal any Statute affecting the status, powers or constitution of any authority of the University until such authority has been given an opportunity of expressing an opinion in writing on the proposed changes, and any opinion so expressed shall be considered by the Executive Council. (3) Every new Statute or addition to the Statutes or any amendment or repeal of a Statute shall require the approval of the Visitor who may assent thereto or withhold assent or remit the same to the Executive Council for consideration. (4) A new Statute or a Statute amending or repealing an existing Statute shall have no validity unless it has been assented to by the Visitor. 8 ----- (5) Notwithstanding anything contained in the foregoing sub-sections, the Visitor may make new or additional Statutes or amend or repeal the Statutes referred to in sub-section (1) during the period of three years immediately after the commencement of this Act: Provided that the Visitor may, on the expiry of the said period of three years make, within one year from the date of such expiry, such detailed Statutes as he may consider necessary and such detailed Statutes shall be laid before both Houses of Parliament. **26. Ordinances.—(1) Subject to the provisions of this Act and the Statutes, the Ordinances may** provide for all or any of the following matters, namely:— (a) the admission of students to the University and their enrolment as such; (b) the courses of study to be laid down for all degrees, diplomas and certificates of the University; (c) the award of degrees, diplomas, certificates and other academic distinctions, the qualifications for the same and the means to be taken relating to the granting and obtaining of the same; (d) the fees to be charged for courses of study in the University and for admission to the examinations, degrees and diplomas of the University; (e) the conditions of award of fellowships, scholarships, studentships, medals and prizes; (f) the conduct of examinations, including the term of office and of appointment and the duties of examining bodies, examiners and moderators; (g) the conditions of residence of the students of the University; (h) the special arrangements, if any, which may be made for the residence, discipline and teaching of women students and the prescribing of special courses of studies for them; (i) the appointment and emoluments of employees other than those for whom provision has been made in the Statutes; (j) the establishment of Centres of Studies, Boards of Studies, Special Centres, Specialised Laboratories and other Committees; (k) the terms and conditions of the recognition of Institutions of higher learning and its withdrawal; (l) the terms and conditions on which persons working in any recognised Institution or in any Institution associated with the University may be recognised as teachers and for withdrawing such recognition; (m) the manner of co-operation or collaboration or association with other Universities, authorities or Institutions of higher learning; (n) the creation, composition and functions of any other body which is considered necessary for improving the academic life of the University; (o) such other terms and conditions of service of teachers and other academic staff as are not prescribed by the Statutes; (p) the management of Colleges and Institutions established by the University; and (q) all other matters which by this Act or the Statutes may be provided for by the Ordinances. (2) The first Ordinances shall be made by the Vice-Chancellor with the previous approval of the Central Government and the Ordinances so made may be amended, repealed or added to at any time by the Executive Council in the manner prescribed by the Statutes. 9 ----- **27. Regulations.—[1][(1)]The authorities of the University may make Regulations consistent with this** Act, the Statutes and the Ordinances for the conduct of their own business and that of the Committees appointed by them and not provided for by this Act, the Statutes or the Ordinances in the manner prescribed by the Statutes. 2[(2) Every Statute, Ordinance or Regulation made under this Act shall be published in the Official Gazette. (3) 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.] **28. Annual report.—(1) The annual report of the University shall be prepared under the direction of** the Executive Council and shall be submitted to the Court on or after such date as may be prescribed by the Statutes and the Court shall consider the report in its annual meeting. (2) The Court shall submit the annual report to the Visitor along with its comments, if any. 3[(3) A copy of the annual report, as prepared under sub-section (1), shall also be submitted to the Central Government, which shall, as soon as may be, cause the same to be laid before both Houses of Parliament.] **29. Annual accounts.—(1) The annual accounts and balance-sheet of the University shall be** prepared under the directions of the Executive Council and shall once at least every year and at interevals of not more than fifteen months be audited by the Comptroller and Auditor-General of India. (2) The annual accounts when audited shall be published in the Gazette of India and a copy of the accounts together with the report of the Comptroller and Auditor-General shall be submitted to the Court and the Visitor along with the observations of the Executive Council. (3) Any observations made by the Visitor on the annual accounts shall be brought to the notice of the Court and the observations of the Court, if any, shall, after being considered by the Executive Council, be submitted to the Visitor. (4) A copy of the accounts together with the report of the Comptroller and Auditor-General of India, as submitted to the Visitor, shall also be submitted to the Central Government who shall, as soon as may be, cause the same to be laid before both Houses of Parliament. **30. Conditions of service of employees.—(1) Every employee shall be appointed under a written** contract which shall be lodged with the University and a copy of which shall be furnished to the employee concerned. (2) Any dispute arising out of a contract between the University and any employee shall, at the request of the employee, be referred to a Tribunal of Arbitration consisting of one member appointed by the Executive Council, one member nominated by the employee concerned and an umpire appointed by the Visitor. The decision of the Tribunal shall be final, and no suit shall lie in any civil Court in respect of 1. Section 27 re-numbered as sub-section (1) thereof by Act 4 of 2005, s. 2 and the Schedule (w.e.f. 11-1-2005). 2. Ins. by s. 2 and the Schedule, ibid. (w.e.f. 11-1-2005). 3. Ins. by Act 25 of 2008, s. 10 (w.e.f. 5-12-2008). 10 ----- the matters decided by the Tribunal. Every such request shall be deemed to be a submission to arbitration, upon the terms of this section, within the meaning of the Arbitration Act, 1940 (2 of 1940). **31. Procedure of appeal and arbitration in disciplinary cases against students.—(1) Any student** or candidate for an examination whose name has been removed from the rolls of the University by the orders or resolution of the Vice-Chancellor, Discipline Committee or Examination Committee, as the case may be, and who has been debarred from appearing at the examinations of the University for more than one year, may, within ten days of the date of receipt of such orders or copy of such resolution by him, appeal to the Executive Council and the Executive Council may confirm, modify or reverse the decision of the Vice-Chancellor or the committee, as the case may be. (2) Any dispute arising out of any disciplinary action taken by the University against a student shall, at the request of such student, be referred to a Tribunal of Arbitration and the provisions of sub-section (2) of section 30 shall, as far as may be, apply to a reference made under this sub-section. **32. Right to appeal.—Every employee or student of the University shall, notwithstanding anything** contained in this Act, have a right to appeal, within such time as may be prescribed by the Statutes, to the Executive Council against the decision of any officer or authority of the University and thereupon the Executive Council may confirm, modify or reverse the decision appealed against. **33. Provident and pension funds.—(1) The University shall constitute for the benefit of its** employees such pension or provident fund or provide such insurance schemes as it may deem fit in such manner and subject to such conditions as may be prescribed by the Statutes. (2) Where such provident or pension fund has been so 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. **34. Disputes as to constitution of University authorities and bodies.—If any question arises as to** whether any person has been duly elected or appointed as, or is entitled to be, a member of any authority or other body of the University, the matter shall be referred to the Visitor whose decision thereon shall be final. **35. Constitution of Committees.—Where any authority of the University is given power by this Act** or the Statutes to appoint Committees, such Committees shall, save as otherwise provided, consist of the members of the authority concerned and of such other persons (if any) as the authority in each case may think fit. **36. Filling of casual vacancies.—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, elected 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. **37. Proceedings of University Authorities or bodies not invalidated by vacancies.—No act or** proceedings of any authority or other body of the University shall be invalid merely by reason of the existence of a vacancy or vacancies among its members. **38. 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 any of the provisions of this Act, the Statutes or Ordinances. **39. Mode of proof of University record.—A copy of any receipt, application, notice, order,** proceeding, resolution of any authority or Committee of the University, or other documents in possession of the University or any entry in any register duly maintained by the University, if certified by the Registrar, shall be received as prima facie evidence of such receipt, application, notice, order, proceeding or resolution, documents or the existence of entry in the register and shall be admitted as evidence of the 11 ----- matters and transactions therein where the original thereof would, if produced, have been admissible in evidence, notwithstanding anything contained in the Indian Evidence Act, 1872 (1 of 1872) or in any other law for the time being in force. **40. Power to remove difficulties.—If any difficulty arises in giving effect to the provisions of this** Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made under this section after the expiry of three years from the commencement of this Act. **41. Transitional provisions.—Notwithstanding anything contained in this Act and the Statutes—** (a) the first Chancellor and the First Vice-Chancellor shall be appointed by the Visitor and each of the said officers shall hold office for a term of five years; (b) the first Registrar and the first Finance Officer shall be appointed by the Visitor and each of the said officers shall hold office for a term of three years; (c) the first Court and the first Executive Council shall consist of not more than thirty members and eleven members respectively, who shall be nominated by the Visitor and shall hold office for a term of three years; (d) the Academic Council shall consist of not more than twenty-one members, who shall be nominated by the Visitor and shall hold office for a term of three years: Provided that if any vacancy occurs in the above offices or authorities, the same shall be filled by appointment or nomination, as the case may be, by the Visitor, and the person so appointed or nominated shall hold office for so long as the officer or member in whose place he is appointed or nominated would have held office, if such vacancy had not occurred. (e) the first Academic Council shall be constituted on the expiry of a period of one year from the commencement of this Act and during the said period of one year, the powers of the Academic Council shall be performed by the Planning Board constituted under section 23. 12 ----- THE SCHEDULE [See section 25 (1)] THE STATUTES OF THE UNIVERSITY **1. The Vice-Chancellor.—(1) The Vice-Chancellor shall be a whole-time salaried officer of the** University. (2) The Vice-Chancellor shall hold office for a term of five years from the date on which he enters upon his office: Provided that the Visitor may direct that a Vice-Chancellor, whose term of office has expired, shall continue in office for such period, not exceeding a total period of one year, as may be specified in the direction. (3) Notwithstanding anything contained in clause (2), a person appointed as Vice-Chancellor shall, if he attains the age of sixty-five years during the term of his office or any extension thereof, retire from office. (4) The emoluments and other terms and conditions of service of the Vice-Chancellor shall be as follows:— (i) There shall be paid to the Vice-Chancellor a salary of three thousand rupees per mensem and he shall be entitled, without payment of rent, to use a furnished residence throughout his term of office and no charge shall fall on the Vice-Chancellor personally in respect of the maintenance of such residence. (ii) The Vice-Chancellor shall be entitled to such terminal benefits and allowances as may be fixed by the Executive Council with the approval of the Visitor from time to time: Provided that where an employee of— (a) the University; or (b) any other University or College or Institution maintained by, or affiliated to, that University, is appointed as Vice-Chancellor, he shall be allowed to continue to contribute to the provident fund to which he is a subscriber, and the contribution of the University shall be limited to what he had been contributing immediately before his appointment as Vice-Chancellor. (iii) The Vice-Chancellor shall be entitled to travelling allowances at such rates as may be fixed by the Executive Council. (iv) The Vice-Chancellor shall be entitled to leave on full pay for one-eleventh of the period spent by him on active service. (v) The Vice-Chancellor shall also be entitled, on medical grounds or otherwise, to leave without pay for a period not exceeding three months during the term of his office: Provided that such leave may be converted into leave on full pay to the extent to which he is entitled to leave under sub-clause (iv). (5) If the office of the Vice-Chancellor becomes vacant due to death, resignation or otherwise or if he is unable to perform his duties owing to absence, illness or any other cause, the Pro-Vice-Chancellor or if there are more than one Pro-Vice-Chancellors, the senior-most Pro-Vice-Chancellor, shall perform the duties of the Vice-Chancellor until a new Vice-Chancellor assumes office or until the existing Vice-Chancellor attends to the duties of his office, as the case may be: Provided that if a Pro-Vice-Chancellor is not available, the senior-most Professor shall perform the duties of the Vice-Chancellor. 13 ----- **2. Powers and duties of the Vice-Chancellor.—(1) The Vice-Chancellor shall be** _ex officio_ Chairman of the Court, the Executive Council, the Academic Council and the Finance Committee, and shall, in the absence of the Chancellor, preside at the Convocations of the University held for conferring degrees. The Vice-Chancellor shall be entitled to be present at, and to address, any meeting of any authority or other body of the University, but shall not be entitled to vote thereat unless he is a member of such authority or body. (2) It shall be the duty of the Vice-Chancellor to see that this Act, these Statutes, the Ordinances and the Regulations are duly observed, and he shall have all powers necessary to ensure such observance. (3) The Vice-Chancellor shall have the power to convene or cause to be convened meetings of the Court, the Executive Council, the Academic Council and the Finance Committee. **3. Pro-Vice-Chancellors.—(1) Every Pro-Vice-Chancellor shall be appointed by the Executive** Council on the recommendation of the Vice-Chancellor: Provided that where the recommendation of the Vice-Chancellor is not accepted by the Executive Council, the matter shall be referred to the Visitor who may either appoint the person recommended by the Vice-Chancellor or ask the Vice-Chancellor to recommend another person to the Executive Council: Provided further that the Executive Council may, on the recommendation of the Vice-Chancellor, appoint a Professor to discharge the duties of a Pro-Vice-Chancellor in addition to his own duties as a Professor. (2) The term of office of a Pro-Vice-Chancellor shall be such as may be decided by the Executive Council, but it shall not in any case exceed five years or until the expiration of the term of office of the Vice-Chancellor, whichever is earlier, and he shall be eligible for re-appointment: Provided that a Pro-Vice-Chancellor shall retire on attaining the age of sixty-five years: Provided further that the Pro-Vice-Chancellor shall, while discharging the duties of the Vice-Chancellor under clause (5) of Statute 1, continue in office notwithstanding the expiration of his term of office as Pro-Vice-Chancellor, until a new Vice-Chancellor or the Vice-Chancellor, as the case may be, assumes office: Provided also that when the office of the Vice-Chancellor becomes vacant and there is no Pro-Vice Chancellor to perform the functions of the Vice-Chancellor, the Executive Council may appoint a Pro-Vice-Chancellor and the Pro-Vice-Chancellor so appointed shall cease to hold office as such as soon as a Vice-Chancellor is appointed and enters upon his office. (3) The emoluments and other terms and conditions of service of a Pro-Vice-Chancellor shall be such as may be prescribed by the Ordinances. (4) A Pro-Vice-Chancellor shall assist the Vice-Chancellor in respect of such matters as may be specified by the Vice-Chancellor in this behalf, from time to time, and shall also exercise such powers and perform such duties as may be assigned or delegated to him by the Vice-Chancellor. **4. Registrar.—(1) The Registrar shall be a whole-time salaried officer of the University.** (2) The emoluments and other terms and conditions of service of the Registrar shall be such as may be prescribed by the Ordinances: Provided that the Registrar shall retire on attaining the age of sixty years: Provided further that a Registrar shall, notwithstanding his attaining the age of sixty years, continue in office until his successor is appointed and enters upon his office or until the expiry of a period of one year whichever is earlier. 14 ----- (3) When the office of the Registrar is vacant or when the Registrar is, by reason of illness, absence or any other cause, unable to perform the duties of his office, the duties of the office shall be performed by such person as the Vice-Chancellor may appoint for the purpose. (4)(a) The Registrar shall have power to take disciplinary action against such of the employees, excluding teachers of the University and academic staff, as may be specified in the orders of the Executive Council and to suspend them pending inquiry, to administer warnings to them or to impose on them the penalty of censure or the withholding of increment: Provided that no such penalty shall be imposed unless the person concerned has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him. (b) An appeal shall lie to the Vice-Chancellor against any order of the Registrar imposing any of the penalties specified in sub-clause (a). (c) In a case where the inquiry discloses that a punishment beyond the powers of the Registrar is called for, the Registrar shall, upon conclusion of the inquiry, make a report to the Vice-Chancellor along with his recommendations: Provided that an appeal shall lie to the Executive Council against an order of the Vice-Chancellor imposing any penalty. (5) The Registrar shall be ex officio Secretary of the Executive Council, the Academic Council and the Boards of Schools, but shall not be deemed to be a member of any of these authorities. He shall be _ex officio Member-Secretary of the Court._ (6) It shall be the duty of the Registrar,— (a) to be the custodian of the records, the common seal and such other property of the University as the Executive Council shall commit to his charge; (b) to issue all notices convening meetings of the Court, the Executive Council, the Academic Council, the Boards of Schools, the Boards of Studies, the Boards of Examiners and of any Committees appointed by the authorities of the University; (c) to keep the minutes of all the meetings of the Court, the Executive Council, the Academic Council, the Boards of Schools and of any Committees appointed by the authorities of the University; (d) to conduct the official correspondence of the Court, the Executive Council and the Academic Council; (e) to supply to the Visitor, copies of the agenda of the meetings of the authorities of the University as soon as they are issued and the minutes of such meetings; (f) to represent the University in suits or proceedings by or against the University, sign powers of attorney and verify pleadings or depute his representative for the purpose; and (g) to perform such other duties as may be specified in these Statutes, the Ordinances or the Regulations or as may be required, from time to time, by the Executive Council or the Vice-Chancellor. **5. Finance Officer.—(1) The Finance Officer shall be a whole-time salaried officer of the University.** (2) The emoluments and other terms and conditions of service of the Finance Officer shall be such as may be prescribed by the Ordinances: Provided that a Finance Officer shall retire on attaining the age of sixty years: 15 ----- Provided further that the Finance Officer, shall, notwithstanding his attaining the age of sixty years, continue in office until his successor is appointed and enters upon his office or until the expiry of a period of one year whichever is earlier. (3) When the office of the Finance Officer is vacant or when the Finance Officer is, by reason of illness, absence or any other cause, unable to perform the duties of his office, the duties of the office shall be performed by such persons as the Vice-Chancellor may appoint for the purpose. (4) The Finance Officer shall be _ex officio Secretary of the Finance Committee, but shall not be_ deemed to be a member of such committee. (5) The Finance Officer shall— (a) exercise general supervision over the funds of the University and shall advise it as regards its financial policy; and (b) perform such other financial functions as may be assigned to him by the Executive Council or as may be prescribed by these Statutes or the Ordinances: Provided that the Finance Officer shall not incur any expenditure or make any investment exceeding ten thousand rupees without the previous approval of the Executive Council. (6) Subject to the control of the Executive Council, the Finance Officer shall— (a) hold and manage the property and investments of the University including trust and endowed property; (b) ensure that the limits fixed by the Executive Council for recurring and non-recurring expenditure for a year are not exceeded and that all moneys are expended on the purposes for which they are granted or allotted; (c) be responsible for the preparation of annual accounts and the budget of the University and for their presentation to the Executive Council; (d) keep a constant watch on the state of the cash and bank balances and on the State of investments; (e) watch the progress of the collection of revenue and advise on the methods of collection employed; (f) ensure that the registers of buildings, land, furniture and equipment are maintained up-to-date and that stock-checking is conducted, of equipment and other consumable materials in all offices, Special Centres, specialised laboratories, Colleges and Institutions maintained by the University; (g) call for explanation for unauthorised expenditure and for other financial irregularities and suggest disciplinary action against persons at fault; and (h) call for from any office, Centre, laboratory, College or Institution maintained by the University, any information or returns that he may consider necessary for the performance of his duties. (7) The receipt of the Finance Officer or of the person or persons duly authorised in this behalf by the Executive Council for any money payable to the University shall be sufficient discharge for payment of such money. **6. Deans of Schools of Studies.—(1) Every Dean of a School of Studies shall be appointed by the** Vice-Chancellor from among the Professors in the School for a period of three years and he shall be eligible for re-appointment: 16 ----- Provided that a Dean on attaining the age of sixty years shall cease to hold office as such: Provided further that if at any time there is no Professor in a School, the Vice-Chancellor, or a Pro Vice-Chancellor if authorised by the Vice-Chancellor in this behalf, shall exercise the powers of the Dean of the School. (2) When the office of the Dean is vacant or when the Dean is, by reason of illness, absence or any other cause, unable to perform the duties of his office, the duties of the office shall be performed by such person as the Vice-Chancellor may appoint for the purpose. (3) The Dean shall be the Head of the School and shall be responsible for the conduct and maintenance of the standards of teaching and research in the School. The Dean shall have such other functions as may be prescribed by the Ordinances. (4) The Dean shall have the right to be present and to speak at any meeting of the Boards of Studies or Committees of the School, as the case may be, but shall not have the right to vote thereat unless he is a member thereof. **7. Heads of Departments.—(1) Each Department shall have a Head who shall be a Professor and** whose duties and functions and terms and conditions of appointment shall be prescribed by the ordinance: Provided that if there is one or more than one Professor in any Department, the Head of the Department shall be appointed in the manner prescribed by the Ordinances: Provided further that in a Department where there is no Professor, a Reader may be appointed as Head of the Department in the manner prescribed by the Ordinances: Provided also that if there is no Professor or Reader, in a Department, the Dean of the Faculty concerned shall act as the Head of that Department. (2) It shall be open to a Professor or Reader to decline the offer of appointment as the Head of the Department. (3) A person appointed as the Head of the Department shall hold office as such for a period of three years and shall be eligible for re-appointment. (4) A Head of a Department may resign his office at any time during his tenure of office. (5) A Head of a Department shall perform such functions as may be prescribed by the Ordinances. **8. Deans of Students’ Welfare.—(1) Every Dean of Students’ Welfare shall be appointed from** amongst the teachers of the University, not below the rank of a Reader, by the Executive Council on the recommendation of the Vice-Chancellor. (2) Every Dean appointed under clause (1) shall be a whole-time officer and shall hold office for a term of three years and shall be eligible for re-appointment. Provided that the Executive Council may, if it is considered necessary, appoint, on the recommendation of the Vice-Chancellor, a teacher, not below the rank of a Reader, to discharge the duties of the Dean of Students’ Welfare in addition to his duties as such teacher, and in such a case, the Executive Council may sanction a suitable allowance to be paid to him. (3) A person who is appointed as a Dean of Students’ Welfare shall continue to hold his lien on his substantive post and shall be eligible to all the benefits that would have otherwise accrued to him, but for his appointment as the Dean of Students’ Welfare. (4) When the office of a Dean of Students’ Welfare is vacant or when the Dean of Students’ Wealfare is, by reason of illness or absence or any other cause, unable to perform the duties of his office, the duties of the office shall be performed by such person as the Vice-Chancellor may appoint for the purpose. 17 ----- (5) The duties and powers of a Dean of Students’s Welfare shall be prescribed by the Ordinances. **9. Proctors.—(1) Every Proctor shall be appointed by the Executive Council on the recommendation** of the Vice-Chancellor and shall exercise such powers and perform such duties as may be assigned to him by the Vice-Chancellor. (2) Every Proctor shall hold office for a term of two years and shall be eligible for re-appointment. **10. Librarians.—(1)** Every Librarian shall be appointed by the Executive Council on the recommendation of the Selection Committee constituted for the purpose and he shall be a whole-time officer of the University. (2) Every Librarian shall exercise such powers and perform such duties as may be assigned to him by the Executive Council. **11. Meetings of the Court.—(1) An annual meeting of the Court shall be held on a date to be fixed** by the Executive Council unless some other date has been fixed by the Court in respect of any year. (2) At an annual meeting of the Court, a report on the working of the University during the previous year, together with a statement of the receipts and expenditure, the balance-sheet, as audited, and the financial estimates for the next year shall be presented. (3) A copy of the statement of receipts and expenditure, the balance-sheet and the financial estimates referred to in clause (2) shall be sent to every member of the Court at least seven days before the date of annual meeting. (4) Twelve members of the Court shall form a quorum for a meeting of the Court. (5) Special meetings of the Court may be convened by the Executive Council or the Vice-Chancellor, or, if there is no Vice-Chancellor, by a Pro-vice-Chancellor, or if there is no Pro-Vice-Chancellor, by the Registrar. **12. Quorum for meeting of the Executive Council.—Five members of the Executive Council shall** form a quorum for a meeting of the Executive Council. **13. Powers and functions of Executive Council.—(1) The Executive Council shall have the** management and administration of the revenue and property of the University and the conduct of all administrative affairs of the University not otherwise provided for. (2) Subject to the provisions of this Act, these Statutes and the Ordinances, the Executive Council shall, in addition to all other powers vested in it, have the following powers, namely:— (i) to create teaching and academic posts, to determine the number and emoluments of such posts and to define the duties and conditions of service of Professors, Readers, Lecturers, and other academic staff and Principals of Colleges and Institutions maintained by the University: Provided that no action shall be taken by the Executive Council in respect of the number, qualifications and the emoluments of teachers and academic staff otherwise than after consideration of the recommendations of the Academic Council; (ii) to appoint such Professors, Readers, Lecturers and other academic staff, as may be necessary, and Principals of Colleges and Institutions maintained by the University on the recommendation of the Selection Committee constituted for the purpose and to fill up temporary vacancies therein; (iii) to create administrative, ministerial and other necessary posts and to make appointments thereto in the manner prescribed by the Ordinances; (iv) to grant leave of absence to any officer of the University, other than the Chancellor and the Vice-Chancellor, and to make necessary arrangements for the discharge of the functions of such officer during his absence; 18 ----- (v) to regulate and enforce discipline among employees in accordance with these Statutes and the Ordinances; (vi) 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; (vii) to fix limits on the total recurring and the total non-recurring expenditure for a year on the recommendations of the Finance Committee; (viii) to invest any money belonging to the University, including any unapplied income, in such stocks, funds, shares or securities as it shall, from time to time, think fit, or in the purchase of immovable property in India, with the like powers of varying such investments from time to time; (ix) to transfer or accept transfers of any movable or immovable property on behalf of the University; (x) to provide buildings, premises, furniture and apparatus and other means needed for carrying on the work of the University; (xi) to enter into, vary, carry out and cancel contracts on behalf of the University; (xii) to entertain, adjudicate upon, and, if thought fit, to redress any grievances of the employees and students of the University, who may, for any reason feel aggrieved; _(xiii) to appoint examiners and moderators and, if necessary to remove them, and to fix their fees,_ emoluments and travelling and other allowances, after consulting the Academic Council; (xiv) to select a common seal for the University and provide for the custody and use of such seal; (xv) to make such special arrangements as may be necessary for the residence and discipline of women students; (xvi) to delegate any of its powers to the Vice-Chancellor, the Pro-Vice-Chancellors, the Registrar or the Finance Officer or such other employee or authority of the University or to a Committee appointed by it as it may deem fit; (xvii) to institute fellowships, scholarships, studentships, medals and prizes; and (xviii) to exercise such other powers and perform such other duties as may be conferred or imposed on it by this Act, or these Statutes. **14. Quorum for meetings of the Academic Council.—Nine members of the Academic Council** shall form a quorum for a meeting of the Academic Council. **15. Powers of the Academic Council.—Subject to this Act, these Statutes and the Ordinances, the** Academic Council shall, in addition to all other powers vested in it, have the following powers, namely:— (a) to exercise general supervision over the academic policies of the University and to give directions regarding methods of instruction, co-operative teaching among Colleges and institutions, evaluation of research or improvements in academic standards; (b) to bring about inter-School co-ordination, to establish or appoint Committee or Boards, for taking up projects on an inter-School basis; (c) to consider matters of general academic interest either on its own initiative or on a reference by a School or the Executive Council and to take appropriate action thereon; and 19 ----- (d) to frame such regulations and rules consistent with these Statutes and the Ordinances regarding the academic functioning of the University, discipline, residences, admissions, award of fellowships and studentships, fee concessions, corporate life and attendance. **16. The Planning Board.—(1) The Planning Board shall consist of the following members,** namely: — (i) the Vice-Chancellor, who shall be the Chairman of the Board; and (ii) not more than eight persons of high academic standing. (2) The members of the Planning Board shall be appointed by the Visitor and shall hold office for such period as he may determine. (3) The Planning Board shall, in addition to all other powers vested in it by this Act, have the right to advise the Executive Council and the Academic Council on any academic matter. (4) On the date determined by the Visitor under sub-section (3) of section 23, this Statute shall cease to have effect. **17. Schools of Studies and Departments.—(1) The University shall have such Schools of Studies as** may be specified by the Ordinances. (2) Every School shall have a School Board. The members of the first Schools Board shall be nominated by the Executive Council and shall hold office for a period of three years. (3) The powers and functions of a School Board shall be prescribed by the Ordinances. (4) The conduct of the meetings of a School Board and the quorum required for such meetings shall be prescribed by the Ordinances. (5) (a) Each School shall consist of such Departments as may be assigned to it by the Ordinances. (b) No Department shall be established or abolished except by these Statutes: Provided that the Executive Council may, on the recommendation of the Academic Council, establish Centres of Studies to which may be assigned such teachers of the University as the Executive Council may consider necessary. (c) Each Department shall consist of the following members, namely:— (i) teachers of the Department; (ii) Dean of the School or Deans of the Schools concerned; (iii) honorary Professors, if any, attached to the Department; and (iv) such other persons as may be members of the Department in accordance with the provisions of the Ordinances. (d) The functions of a Department shall be prescribed by the Ordinances. **18. Boards of Studies.—(1) Each Department shall function as a Board of Studies.** (2) Notwithstanding anything contained in clause (1) the Academic Council may establish, by an Ordinance, such Board of Studies, as may be considered necessary for inter-disciplinary research. (3) The function of the Board of Studies shall be prescribed by the Ordinances. 20 ----- **19. Finance Committee.—(1) The Finance Committee shall consist of the following members,** namely:— (i) The Vice-Chancellor; (ii) A Pro-Vice-Chancellor appointed by the Executive Council; (iii) Three persons nominated by the Executive Council, out of whom at least one shall be a member of the Executive Council; and (iv) Three persons nominated by the Visitor. (2) Five members of the Finance Committee shall form a quorum for a meeting of the Finance Committee. (3) All the members of the Finance Committee, other than ex officio members, shall hold office for a term of three years. (4) A member of the Finance Committee shall have the right to record a minute of dissent if he does not agree with any decision of the Finance Committee. (5) The Finance Committee shall meet at least twice every year to examine the accounts and to scrutinise proposals for expenditure. (6) The annual accounts and the financial estimates of the University prepared by the Finance Officer shall be laid before the Finance Committee for consideration and comments and thereafter submitted to the Executive Council for approval. (7) The Finance Committee shall recommend limits for the total recurring expenditure and the total non-recurring expenditure for the year, based on the income and resources of the University (which, in the case of productive works, may include the proceeds of loans). **20. Selection Committees.—(1) There shall be selection Committees for making recommendations** to the Executive Council for appointment to the posts of Professor, Reader, Lecturer, Librarian and Principals of Colleges and Institutions maintained by the University. (2) The Selection Committee for appointment to the posts specified in column 1 of the Table below shall consist of the Vice-Chancellor, the Pro-Vice-Chancellor or if there are more than one Pro-ViceChancellor a Pro-Vice-Chancellor appointed by the Executive Council, a nominee of the Visitor and the persons specified in the corresponding entry in column 2 of the said Table and, in the case of appointment of a Professor, Reader or Lecturer in a Department where there is no Head of the Department, shall also consist of a person nominated by the Planning Board from amongst its members: TABLE 1 2 Professor (i) The Head of the Department concerned, if he is a Professor. (ii) One Professor to be nominated by the Vice-Chancellor. (iii) Three persons not in the service of the University, nominated by the Executive Council, out of a panel of names recommended by the Academic Council for their special knowledge of or interest in the subject with which the Professor will be concerned. Reader or Lecturer (i) The Head of the Department concerned. 21 ----- 1 2 (ii) One Professor to be nominated by the Vice -Chancellor. (iii) Two persons not in the service of the University, nominated by the Executive Council, out of a panel of names recommended by the Academic Council for their special knowledge of or interest in the subject with which the Reader or Lecturer will be concerned. Librarian (i) Two persons not in the service of the University, who have special knowledge of the subject of Library Science or Library Administration to be nominated by the Executive Council. (ii) One person, not in the service of the University, nominated by the Executive Council. Principle of College or Institution maintained by the University. Three persons not in the service of the University of whom two shall be nominated by the Executive Council and one by the Academic Council for their special knowledge of or interest in a subject in which instruction is being provided by the College or Institution. NOTE 1.—Where the appointment is being made for an inter-disciplinary project, the Head of the Project shall be deemed to be the Head of the Department concerned. NOTE 2.—The Professor to be nominated shall be Professor concerned with the speciality for which the selection is being made and that the Vice-Chancellor shall consult the Head of the Department and the Dean of School before nominating the Professor. (3) The Vice-Chancellor, or in his absence, the Pro-Vice-Chancellor or if there are more than one Pro-Vice-Chancellor, the senior-most Pro-Vice-Chancellor, shall preside at the meetings of a Selection Committee. (4) The meetings of a Selection Committee shall be convened by the Vice-Chancellor or in his absence, by the Pro-Vice-Chancellor or if there are more than one Pro-Vice-Chancellor, the senior-most Pro-Vice-Chancellor. (5) The procedure to be followed by a Selection Committee in making recommendations shall be laid down in the Ordinances. (6) If the Executive Council is unable to accept the recommendations made by a Selection Committee, it shall record its reasons and submit the case to the Visitor for final orders. (7) Appointments to temporary posts shall be made in the manner indicated below:— (i) If the temporary vacancy is for a duration longer than one academic session, it shall be filled on the advice of the Selection Committee in accordance with the procedure indicated in the foregoing clauses: Provided that if the Vice-Chancellor is satisfied that in the interests of work it is necessary to fill the vacancy, the appointment may be made on a purely temporary basis by a local Selection Committee referred to in sub-clause (ii) for a period not exceeding six months. (ii) If the temporary vacancy is for a period less than a year, an appointment to such vacancy shall be made on the recommendation of a local Selection Committee consisting of the Dean of the School concerned, the Head of the Department and a nominee of the Vice-Chancellor: 22 ----- Provided that if the same person holds the offices of the Dean and the Head of the Department, the Selection Committee may contain two nominees of the Vice-Chancellor: Provided further that in case of sudden casual vacancies in teaching posts caused by death or any other reason, the Dean may, in consultation with the Head of the Department concerned make a temporary appointment for a month and report to the Vice-Chancellor and the Registrar about such appointment. (iii) No teacher appointed temporarily shall, if he is not recommended by a regular Selection Committee for appointment under these Statutes, be continued in service on such temporary employment, unless he is subsequently selected by a local Selection Committee or a regular Selection Committee, for a temporary or permanent appointment, as the case may be. **21. Special mode of appointment.—(1) Notwithstanding anything contained in Statute 20, the** Executive Council may invite a person of high academic distinction and professional attainments to accept a post of Professor in the University on such terms and conditions as it deems fit, and on the person agreeing to do so, appoint him to the post. (2) The Executive Council may appoint a teacher or any other academic staff working in any other University or organisation for undertaking a joint project in accordance with the manner laid down in the Ordinances. **22. Appointment for a fixed tenure.—The Executive Council may appoint a person selected in** accordance with the procedure laid down in Statute 20 for a fixed tenure on such terms and conditions as it deems fit. **23. Recognised teachers.—(1) The qualifications of recognised teachers shall be such as may be** prescribed by the Ordinances. (2) The manner of recognising teachers and withdrawal of such recognition shall be prescribed by the Ordinances. (3) The period of recognition of a teacher shall be determined by Ordinances made in that behalf. **24. Committees.—Any authority of the University may appoint as many standing or special** committees as it may deem fit, and may appoint to such committees persons who are not members of such authority. Any such committee may deal with any subject delegated to it subject to subsequent confirmation by the authority appointing it. **25. Terms and conditions of service of University teachers.—(1) All the teachers of the University** shall, in the absence of any agreement to the contrary, be governed by the terms and conditions of service as specified in these Statutes, the Ordinances and the Regulations. (2) Every teacher of the University shall be appointed on a written contract, the form of which shall be prescribed by the Ordinances. A copy of the contract shall be deposited with the Registrar. **26. Seniority lists.—(1) Whenever, in accordance with these Statutes, any person is to hold an office** or be a member of an authority of the University by rotation according to seniority, such seniority shall be determined according to the length of continuous service of such person in his grade, and, in accordance with such other principles as the Executive Council may, from time to time, prescribe. (2) It shall be the duty of the Registrar to prepare and maintain, in respect of each class of persons to whom the provisions of these Statutes apply, a complete and up-to-date seniority list in accordance with the provisions of clause (1). (3) If two or more persons have equal length of continuous service in a particular grade or the relative seniority of any person or persons is otherwise in doubt, the Registrar may, on his own motion and shall, 23 ----- at the request of any such person, submit the matter to the Executive Council whose decision thereon shall be final. **27. Removal of teachers.—(1) Where there is an allegation of misconduct against a teacher, or a** member of the academic staff, the Vice-Chancellor may, if he thinks fit, by order in writing, place the teacher under suspension and shall forthwith report to the Executive Council the circumstances in which the order was made: Provided that the Executive Council may, if it is of the opinion, that the circumstances of the case do not warrant the suspension of the teacher or a member of the academic staff, revoke such order. (2) Notwithstanding anything contained in the terms of his contract of service or of his appointment, the Executive Council shall be entitled to remove a teacher or a member of the academic staff on the ground of misconduct. (3) Save as aforesaid, the Executive Council shall not be entitled to remove a teacher or a member of the academic staff except for good cause and after giving three months’ notice in writing or on payment of three months’ salary in lieu of notice. (4) No teacher or a member of the academic staff shall be removed under clause (2) or under clause (3) until he has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him. (5)The removal of a teacher or a member of the academic staff shall require a two-thirds majority of the members of the Executive Council present and voting. (6)The removal of a teacher or a member of the academic staff shall take effect from the date on which the order of removal is made: Provided that where a teacher or a member of the academic staff is under suspension at the time of his removal, the removal shall take effect from the date on which he was placed under suspension. (7) Notwithstanding anything contained in these Statutes, a teacher or a member of the academic staff may resign by giving three months’ notice in writing to the Executive Council or on payment to the University of three months’ salary in lieu thereof. **28. Removal of employees other than teachers of the University.—(1) Notwithstanding anything** contained in the terms of his contract of service or of his appointment, an employee, other than a teacher or a member of the academic staff, may be removed by the authority which is competent to appoint the employee— (a) if he is of unsound mind or is a deaf-mute or suffers from contagious leprosy; (b) if he is an undischarged insolvent; (c) if he has been convicted by a Court of law of any offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than six months; (d) if he is otherwise guilty of misconduct: Provided that no employee shall be removed from his office unless a resolution to that effect is passed by the Executive Council by a majority of two-thirds of its members present and voting. (2) No employee shall be removed under clause (1) until he has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him. (3) Where the removal of such employee is for a reason other than that specified in sub-clause (c) or sub-clause (d) of clause (1), he shall be given three months’ notice in writing or paid three months’ salary in lieu of such notice. 24 ----- (4) Notwithstanding anything contained in these Statutes, an employee, not being a teacher or a member of the academic staff, shall be entitled to resign,— (i) if he is a permanent employee, only after giving three months’ notice in writing to the appointing authority or paying to the University three months’ salary in lieu thereof; (ii) if he is not a permanent employee, only after giving one month’s notice in writing to the appointing authority or paying to the University one month’s salary in lieu thereof: Provided that such resignation shall take effect from the date on which the resignation is accepted by the appointing authority. **29. Honorary degrees.—(1) The Executive Council may, on the recommendation of the Academic** Council and by a resolution passed by a majority of not less than two-thirds of the members present and voting, make proposals to the Visitor for the conferment of honorary degrees: Provided that in case of emergency, the Executive Council may, on its own, make such proposals. (2) The Executive Council may, by a resolution passed by a majority of not less than two-thirds of the members present and voting, withdraw, with the previous sanction of the Visitor, any honorary degree conferred by the University. **30. Withdrawal of degrees, etc.—The Executive Council may, by a special resolution passed by a** majority of not less than two-thirds of the members present and voting, withdraw any degree or academic distinction conferred on, or any certificate or diploma granted to, any person by the University for good and sufficient cause: Provided that no such resolution shall be passed until a notice in writing has been given to that person calling upon him to show cause within such time as may be specified in the notice why such a resolution should not be passed and until his objections, if any, and any evidence he may produce in support of them, have been considered by the Executive Council. **31. Maintenance of discipline among students of the University.—(1) All powers relating to** discipline and disciplinary action in relation to students of the University shall vest in the Vice-Chancellor. (2) The Vice-Chancellor may delegate all or any of his powers as he deems proper to a Proctor and to such other officers as he may specify in this behalf. (3) Without prejudice to the generality of his powers relating to the maintenance of discipline and taking such action, as may seem to him appropriate for the maintenance of discipline, the Vice-Chancellor may, in the exercise of his powers, by order, direct that any student or students be expelled, or rusticated, for a specified period, or be not admitted to a course or courses of study in a College, Institution or Department of the University for a stated period, or be punished with fine for an amount to be specified in the order, or be debarred from taking an examination or examinations conducted by the University, College, Institution or a Department for one or more years, or that the results of the student or students concerned in the examination or examinations in which he or they have appeared be cancelled. (4) The Principals of Colleges, Institutions, Heads of Special Centres, Deans of Schools of Studies and Heads of teaching Departments in the University shall have the authority to exercise all such disciplinary powers over the students in their respective Colleges, Institutions, Special Centres, Schools and teaching Departments in the University as may be necessary for the proper conduct of such Colleges, Institutions, Special Centres, Schools and teaching in the Departments. (5) Without prejudice to the powers of the Vice-Chancellor, the Principals and other persons specified in clause (4), detailed rules of discipline and proper conduct shall be made by the University. The Principals of Colleges, Institutions, Heads of Special Centres, Deans of Schools of Studies and Heads of teaching Departments in the University may also make the supplementary rules as they deem necessary 25 ----- for the aforesaid purposes. Every student shall be supplied with a copy of the rules made by the University and a copy of the supplementary rules shall be supplied to the students concerned. (6) At the time of admission, every student shall be required to sign a declaration to the effect that he submits himself to the disciplinary jurisdiction of the Vice-Chancellor and other authorities of the University. **32. Convocations.—Convocations of the University for the conferring of degrees or for other** purposes shall be held in such manner as may be prescribed by the Ordinances. **33. Acting Chairman of meetings.—Where no provision is made for a President or Chairman to** preside over a meeting of any authority of the University or any Committee of such authority or when the President or Chairman so provided for is absent, the members present shall elect one from among themselves to preside at such meeting. **34. Resignation.—Any member, other than an** _ex officio member of the Court, the Executive_ Council, the Academic Council or any other authority of the University or any Committee of such authority may resign by letter addressed to the Registrar and the resignation shall take effect as soon as such letter is received by the Registrar. **35. Disqualifications.—(1) A person shall be disqualified for being chosen as, and for being, a** member of any of the authorities of the University— (a) if he is of unsound mind or is a deaf-mute or suffers from contagious leprosy; (b) if he is an undischarged insolvent; (c) if he has been convicted by a Court of law of an offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than six months. (2) If any question arises as to whether a person is or had been subjected to any of the disqualifications mentioned in clause (1), the question shall be referred for the decision of the Visitor and his decision shall be final and no suit or other proceeding shall lie in any Civil Court against such decision. **36. Residence condition for membership and office.—Notwithstanding anything contained in these** Statutes, no person who is not ordinarily resident in India shall be eligible to be an officer of the University or a member of any authority of the University. **37. Membership of authorities by virtue of membership of other bodies.—Notwithstanding** anything contained in these Statutes, a person who holds any post in the University or is a member of any authority or body of the University in his capacity as a member of a particular authority or body or as the holder of a particular appointment shall hold such office or membership only for so long as he continues to be a member of that particular authority or body or the holder of that particular appointment, as the case may be. **38. Ordinances how made.—(1) The first Ordinances made under sub-section (2) of section 26 may** be amended, repealed or added to at any time by the Executive Council in the manner specified below. (2) No Ordinance in respect of the matters enumerated in section 26, other than those enumerated in clause (o) of sub-section (1) thereof, shall be made by the Executive Council unless a draft of such Ordinance has been proposed by the Academic Council. (3) The Executive Council shall not have power to amend any draft of any Ordinance proposed by the Academic Council under clause (2), but may reject the proposal or return the draft to the Academic Council for re-consideration, either in whole or in part, together with any amendment which the Executive Council may suggest. 26 ----- (4) Where the Executive Council has rejected or returned the draft of an Ordinance proposed by the Academic Council, the Academic Council may consider the question afresh and in case the original draft is re-affirmed by a majority of not less than two-thirds of the members present and voting and more than half the total number of members of the Academic Council, the draft may be sent back to the Executive Council which shall either adopt it or refer it to the Visitor whose decision shall be final. (5) Every Ordinance made by the Executive Council shall come into effect immediately. (6) Every Ordinance made by the Executive Council shall be submitted to the Visitor within two weeks from the date of its adoption. The Visitor shall have the power to direct the University within four weeks of the receipt of the Ordinance to suspend the operation of any such Ordinance and he shall, as soon as possible, inform the Executive Council about his objection to the proposed Ordinance. The Visitor may, after receiving the comments of the University, either withdraw the order suspending the Ordinance or disallow the Ordinance, and his decision shall be final. **39. Regulations.—(1) The authorities of the University may make Regulations consistent with this** Act, and these 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 are required by this Act, these Statutes or the Ordinances to be prescribed by Regulations; (c) providing for all other matters solely concerning such authorities or committees appointed by them and not provided for by this Act, these Statutes or the Ordinances. (2) Every authority of the University shall make Regulations providing for the giving of notice to the members of such authority of the dates of meetings and of the business to be considered at meetings and for the keeping of a record of the proceedings of meetings. (3) The Executive Council may direct the amendment in such manner as it may specify, of any Regulation made under this Statute or the annulment of any such Regulation. **40. Delegation of powers.—Subject to the provisions of this Act and these Statutes, any officer or** authority of the University may delegate his or its powers to any other officer or authority or person under his or its respective control and subject to the condition that overall responsibility for the exercise of the powers so delegated shall continue to vest in the officer or authority delegating such powers. 27 -----

23-Sep-1974

45

The Interest-tax Act, 1974

https://www.indiacode.nic.in/bitstream/123456789/1616/1/197445.pdf

central

THE INTEREST-TAX ACT, 1974 __________ ARRANGEMENT OF SECTIONS ________ SECTIONS 1. Short title and extent. 2. Definitions. 3. Tax authorities. 4. Charge of tax. 5. Scope of chargeable interest. 6. Computation of chargeable interest. 7. Return of chargeable interest. 8. Assessment. 9. Self-assessment. 10. Interest escaping assessment. 10A. Time limit for completion of assessments and re-assessments. 11. Advance payment of interest-tax. 12. Interest for default in furnishing return of chargeable interest. 12A. Interest for default in payment of interest-tax in advance. 12B. Interest for deferment of interest-tax payable in advance. 13. Penalty for concealment of chargeable interest. 14. Opportunity of being heard. 15. Appeals to the Commissioner (Appeals). 15A. [Omitted.] 16. Appeals to Appellate Tribunal. 17. Rectification of mistakes. 18. Interest-tax deductible in computing total income under the Income-tax Act. 19. Revision of order prejudicial to revenue. 20. Revision of orders by Commissioner. 21. Application of provisions of Income-tax Act. 22. Income-tax papers to be available for the purposes of this Act. 23. Failure to comply with notices. 24. False statements. 25. Wilful attempt to evade tax, etc. 26. Abetment of false returns, etc. 26A. Offences by credit institutions. 26B. Institution of proceedings and composition of offences. 26C. Power of credit institutions to vary certain agreements. 27. Power to make rules. 28. Power to exempt. 29. Power to remove difficulty. 30. [Repealed.] 1 ----- # THE INTEREST-TAX ACT, 1974 # ACT NO. 45 OF 1974 [23rd September, 1974.] # An Act to impose a special tax on interest in certain cases. BE it enacted by Parliament in the Twenty-fifth Year of the Republic of India as follows:— **1. Short title and extent.—(1) This Act may be called the Interest-tax Act, 1974.** (2) It extends to the whole of India. **2. Definitions.—In this Act, unless the context otherwise requires,—** (1) “assessee” means a person by whom interest-tax or any other sum of money is payable under this Act and includes— (a) every person in respect of whom any proceeding under this Act has been taken for the assessment of his chargeable interest or of the amount of refund due to him or of the chargeable interest of any other person in respect of which he is assessable or of the amount of refund due to such other person; (b) every person who is deemed to be an assessee in default under any provision of this Act; (2) “assessment” includes re-assessment; (3) “assessment year” means the period of twelve months commencing on the 1st day of April, every year; (4) “Board” means the Central Board of Direct Taxes constituted under the Central Boards of Revenue Act, 1963 (54 of 1963); (5) “chargeable interest” means the total amount of interest referred to in section 5, computed in the manner laid down in section 6; 1[(5A) “credit institution” means,— (i) a banking company to which the Banking Regulation Act, 1949 (10 of 1949), applies (including any bank or banking institution referred to in section 51 of that Act) [2]***; (ii) a public financial institution as defined in section 4A of the Companies Act, 1956 (1 of 1956); (iii) a State financial corporation established under section 3 or section 3A or an institution notified under section 46 of the State Financial Corporations Act, 1951 (63 of 1951); and (iv) any other financial company; (5B) “financial company” means a company, other than a company referred to in sub-clause (i), (ii) or (iii) of clause (5A), being— (i) a hire-purchase finance company, that is to say, a company which carries on, as its principal business, hire-purchase transactions or the financing of such transactions; (ii) an investment company, that is to say, a company which carries on, as its principal business, the acquisition of shares, stock, bonds, debentures, debenture stock or securities issued by the Government or a local authority, or other marketable securities of a like nature; (iii) a housing finance company, that is to say, a company which carries on, as its principal business, the business of financing of acquisition or construction of houses, including acquisition or development of land in connection therewith; 1. Ins. by Act 49 of 1991, s. 91 (w.e.f. 1-10-1991). 2. The words “or a co-operative society engaged in carrying on the business of banking not being a co-operative society providing credit facilities to farmers or village artisans” omitted by Act 18 of 1992, s. 103 (w.e.f. 1-4-1993). 2 ----- (iv) a loan company, that is to say, a company [not being a company referred to in sub-clauses (i) to (iii)] which carries on, as its principal business, the business of providing finance, whether by making loans or advances or otherwise; (v) a mutual benefit finance company, that is to say, a company which carries on, as its principal business, the business of acceptance of deposits from its members and which is declared by the Central Government under section 620A of the Companies Act, 1956 (1 of 1956), to be a Nidhi or Mutual Benefit Society; [1]*** [2][(va) a residuary non-banking company [other than a financial company referred to in sub-clause (i), (ii), (iii), (iv) or (v)] that is to say, a company which receives any deposit under any scheme or arrangement, by whatever name called, in one lumpsum or in instalments by way of contributions or subscriptions or by sale of units or certificates or other instruments or in any other manner; or] (vi) a miscellaneous finance company, that is to say, a company which carries on exclusively, or almost exclusively, two or more classes of business referred to in the preceding sub-clauses;] (6) “Income-tax Act” means the Income-tax Act, 1961(43 of 1961); 3[(7) '“interest” means interest on loans and advances made in India and includes— (a) commitment charges on unutilised portion of any credit sanctioned for being availed of in India; and (b) discount on promissory notes and bills of exchange drawn or made in India, but does not include— (i) interest referred to in sub-section (1B) of section 42 of the Reserve Bank of India Act, 1934 (2 of 1934); (ii) discount on treasury bills;] (8) “prescribed” means prescribed by rules made under this Act; 4* - - - *; (10) all other words and expressions used herein but not defined and defined in the Income-tax Act shall have the meanings respectively assigned to them in that Act. **3. Tax authorities.—[5][(1) The income-tax authorities specified in section 116 of the Income-tax Act** shall be the interest-tax authorities for the purposes of this Act. (1A) Every such authority shall exercise the powers and perform the functions of an interest-tax authority under this Act in respect of any person within his jurisdiction. (1B) The jurisdiction of an interest-tax authority under this Act shall be the same as he has under the Income-tax Act by virtue of orders or directions issued under section 120 of that Act (including orders or directions assigning the concurrent jurisdiction) or under any other provision of that Act. (1C) The interest-tax authority having jurisdiction in relation to a credit institution which has no income assessable to income-tax under the Income-tax Act shall be the interest-tax authority having jurisdiction in respect of the area in which that institution carries on its business or has its principal place of business. (1D) Section 118 of the Income-tax Act and any notification issued thereunder shall apply in relation to the control of interest-tax authorities as they apply in relation to the control of the corresponding 1. The word “or” omitted by Act 18 of 1992, s. 103 (w.e.f 1-4-1993). 2. Ins. by s. 103, ibid. (w.e.f. 1-4-1993). 3. Subs. by Act 49 of 1991, s. 91, for clause (7) (w.e.f. 1-10-1991). 4. Clause (9) omitted by s. 91, ibid. (w.e.f. 1-10-1991). 5. Subs. by s. 92, ibid., for sub-section (1) (w.e.f. 1-10-1991). 3 ----- income-tax authorities, except to the extent to which the Board may, by notification in the Official Gazette, otherwise direct in respect of any interest-tax authority.] (2) All officers and persons employed in the execution of this Act shall observe and follow the orders, instructions and directions of the Board: Provided that no such orders, instructions or directions shall be issued— (a) so as to require any tax authority to make a particular assessment or to dispose of a particular case in a particular manner; or (b) so as to interfere with the discretion of the Appellate Assistant Commissioner in the exercise of his appellate functions. (3) Every Income-tax Officer [1][or Assistant Commissioner [2][ or Deputy Commissioner]] employed in the execution of this Act shall observe and follow the orders, instructions and directions issued for his guidance by the [3][Director] or by the Commissioner or by the [4][Additional Commissioner of Income-tax or the [5][Joint Commissioner]] within whose jurisdiction he performs his functions. **4. Charge of tax.—[6][(1)] Subject to the provisions of this Act, there shall be charged on every** scheduled bank for every assessment year commencing on or after the 1st day of April, 1975, a tax (in this Act referred to as interest-tax) in respect of its chargeable interest of the previous year at the rate of seven per cent. of such chargeable interest: 7[Provided that the rate at which interest-tax shall be charged in respect of any chargeable interest accruing or arising after the 31st day of March, 1983 shall be three and a half per cent. of such chargeable interest.] 8[(2) Notwithstanding anything contained in sub-section (1) but subject to the other provisions of this Act, there shall be charged on every credit institution for every assessment year commencing on and from the 1st day of April, 1992, interest-tax in respect of its chargeable interest of the previous year at the rate of three per cent. of such chargeable interest.] 9[Provided that the rate at which interest-tax shall be charged in respect of any chargeable interest accruing or arising after the 31st day of March, 1997 shall be two per cent. of such chargeable interest.] 10[(3) Notwithstanding anything contained in sub-sections (1) and (2), no interest-tax shall be charged in respect of any chargeable interest accruing or arising after the 31st day of March, 2000.] 11[5. Scope of chargeable interest.—Subject to the provisions of this Act, the chargeable interest of any previous year of a credit institution shall be the total amount of interest (other than interest on loans and advances made to other credit institutions [12][or to any co-operative society engaged in carrying on the business of banking]) accruing or arising to the credit institution in that previous year: Provided that any interest in relation to categories of bad or doubtful debts referred to in section 43D of the Income-tax Act shall be deemed to accrue or arise to the credit institution in the previous year in which it is credited by the credit institution to its profit and loss account for that year or, as the case may be, in which it is actually received by the credit institution, whichever is earlier.] **6. Computation of chargeable interest.—(1) Subject to the provisions of sub-section (2), in** computing the chargeable interest of a previous year, there shall be allowed from the total amount of interest (other than interest on loans and advances made to [13][credit institutions] accruing or arising to the assessee in the previous year, a deduction in respect of the amount of interest which is established to have become a bad debt during the previous year: 1. Ins. by Act 32 of 1994, s. 56 (w.e.f. 1-6-1994). 2. Ins. by Act 21 of 1998, s. 77 (w.e.f. 1-4-1998). 3. Subs. by Act 32 of 1994, s. 56, for “Director of Inspection” (w.e.f. 1-6-1994). 4. Subs. by s. 56, ibid., for “Inspecting Assistant Commissioner” (w.e.f. 1-6-1994). 5. Subs. by Act 21 of 1998, s. 77, for “Deputy Commissioner” (w.e.f. 1-4-1998). 6. Section 4 renumbered as sub-section (1) thereof by Act 49 of 1991, s. 93 (w.e.f. 1-10-1991). 7. Ins. by Act 11 of 1983, s. 43 (w.e.f. 1-4-1983). 8. Ins. by Act 49 of 1991, s. 93 (w.e.f. 1-10-1991). 9. Ins. by Act 26 of 1997, s. 59 (w.e.f. 1-4-1998). 10. Ins. by Act 10 of 2000, s. 77 (w.e.f. 1-4-2001). 11. Subs. by Act 49 of 1991, s. 94, for section 5 (w.e.f. 1-10-1991). 12. Ins. by Act 18 of 1992, s. 104 (w.r.e.f. 1-10-91). 13. Subs. by Act 49 of 1991, s. 95, for “scheduled banks” (w.e.f. 1-10-1991). 4 ----- Provided that such interest has been taken into account in computing the chargeable interest of the assessee of an earlier previous year and the amount has been written off as irrecoverable in the accounts of the assessee for the previous year during which it is established to have become a bad debt. _Explanation.—For the removal of doubts, it is hereby declared that in computing the chargeable_ interest of a previous year, no deduction, other than the deduction specified in this sub-section, shall be allowed from the total amount of interest accruing or arising to the assessee. (2) In computing the chargeable interest of a previous year, the amount of interest which accrues or arises to the assesse [1][before the 1st day of August, 1974 or [2][during the period commencing on the 1st day of April, 1985 and ending with the 30th day of September, 1991] shall not be taken into account. **7. Return of chargeable interest.—[3][(I) In the case of every credit institution, its principal officer, or** where in the case of a non-resident, credit institution any person has been treated as its agent under section 163 of the Income-tax Act, such person, shall furnish a return of the chargeable interest of the credit institution of the previous year in the prescribed form and verified in the prescribed manner and setting forth such other particulars as may be prescribed, before the 31st day of December of the assessment year. (2) Without prejudice to the provisions of sub-section (1), the Assessing Officer may, before the end of the relevant assessment year, serve a notice upon the principal officer of any credit institution, or where in the case of a non-resident credit institution any person has been treated as its agent under section 163 of the Income-tax Act, upon such person, requiring him to furnish within thirty days from the date of service of the notice a return of the chargeable interest of the credit institution of the previous year in the prescribed form and verified in the prescribed manner and setting forth such other particulars as may be prescribed.] (3) Any assessee who has not furnished a return within the time allowed under sub-section (1) or sub-section (2), or having furnished a return under sub-section (1) or sub-section (2) discovers any omission or wrong statement therein, may furnish a return or a revised return, as the case may be, at any time [4][before the expiry of one year from the end of the relevant assessment year or before the completion of the assessment, whichever is earlier.] **8. Assessment.—(1) For the purposes of making an assessment under this Act, the** [5][Assessing Officer] may serve on any person who has furnished a return under section 7 or upon whom a notice has been served under sub-section (2) of section 7 (whether a return has been furnished or not) a notice requiring him on a date therein to be specified, to produce or cause to be produced such accounts or documents or evidence as the [1][Assessing Officer] may require for the purposes of this Act and may, from time to time, serve further notices requiring the production of such further accounts or documents or other evidence as he may require. (2) The [5][Assessing Officer], after considering such accounts, documents or evidence, if any, as he has obtained under sub-section (1) and after taking into account any relevant material which he has gathered, shall, by an order in writing assess the chargeable interest and the amount of the interest-tax payable on the basis of such assessment. 6[(3) If any person— (a) fails to make a return as required under sub-section (1) of section 7 and has not made a return or a revised return under sub-section (3) of that section, or (b) fails to comply with all the terms of notice under sub-section (2) of that section, 1. Subs. by Act 19 of 1978, s. 33, for “before the 1st day of August, 1974” (1-4-1978). 2. Subs. by Act 49 of 1991, s. 95, for “after the 31st day of March, 1985” (w.e.f. 1-10-1991). 3. Subs. by s. 96, ibid., for sub-sections (1) and (2) (w.e.f. 1-10-1991). 4. Subs. by s. 96, ibid., for “before the assessment is made” (w.e.f. 1-10-1991). 5. Subs. by s. 97, ibid., for “Income-tax Officer” (w.e.f. 1-10-1991). 6. Ins. by s. 97, ibid. (w.e.f. 1-10-1991). 5 ----- the Assessing Officer shall, after taking into account all the relevant material which he has gathered and after giving the assessee an opportunity of being heard, make the assessment of the total chargeable interest to the best of his judgment and determine the sum payable by the assessee on the basis of such assessment: Provided that such opportunity shall be given by the Assessing Officer by serving a notice calling upon the assessee to show cause, on a date and time to be specified in the notice, why the assessment should not be completed to the best of his judgment: Provided further that it shall not be necessary to give such opportunity in a case where a notice under sub-section (1) has been issued prior to the making of an assessment under this section.] 1[9. Self-assessment.—(1) Where interest-tax is payable on the basis of any return required to be furnished under section 7 or section 10, after taking into account the amount of interest-tax, if any, already paid under any provision of this Act, the assessee shall be liable to pay such interest-tax, together with interest payable under any provision of this Act for any delay in furnishing the return or any default or delay in payment of advance interest-tax, before furnishing the return and the return shall be accompanied by proof of payment of such interest-tax and interest. _Explanation.—Where the amount paid by the assessee under this sub-section falls short of the_ aggregate of the interest-tax and interest as aforesaid, the amount so paid shall first be adjusted towards the interest payable as aforesaid and the balance, if any, shall be adjusted towards the interest-tax payable. (2) After the assessment under section 8 has been made, any amount paid under sub-section (1) shall be deemed to have been paid towards such assessment. (3) If any assessee fails to pay the whole or any part of interest-tax or interest or both in accordance with the provisions of sub-section (1), he shall, without prejudice to any other consequences which he may incur, be deemed to be an assessee in default in respect of the interest-tax or interest; or both remaining unpaid, and all the provisions of this Act shall apply accordingly.] **10. Interest escaping assessment.—If—** (a) the [2][Assessing Officer] has reason to believe that by reason of the omission or failure on the part of the assessee to make a return under section 7 for any assessment year or to disclose fully and truly all material facts necessary for his assessment for any assessment year, chargeable interest for that year has escaped assessment or has been under-assessed or has been made the subject of excessive, relief under this Act, or (b) notwithstanding that there has been no omission or failure as mentioned in clause (a) on the part of the assessee, the [2][Assessing Officer] has, in consequence of information in his possession, reason to believe that chargeable interest assessable for any assessment year has escaped assessment or has been under-assessed or has been made the subject of excessive relief under this Act he may, in cases falling under clause (a), at any time, and in cases falling under clause (b), at any time within four years of the end of that assessment year, serve on the assesee a notice containing all or any of the requirements which may be included in a notice under section 7, and may proceed to assess or re-assess the amount chargeable to interest-tax, and the provisions of this Act shall, so far as may be, apply, as if the notice were a notice issued under that section. **3[10A. Time limit for completion of assessments and re-assessments.—(1) No order of assessment** shall be made under section 8 at any time after the expiry of two years from the end of the assessment year in which the interest was first assessable. (2) No order of assessment or re-assessment shall be made under section 10 after the expiry of two years from the end of the financial year in which the notice under that section was served. 1. Subs. by Act 49 of 1991, s. 98, for section 9 (w.e.f. 1-10-1991). 2. Subs. by s. 99, ibid., for “Income-Tax Officer” (w.e.f. 1-10-1991). 3. Ins. by s.100, ibid. (w.e.f 1-10-1991). 6 ----- (3) Notwithstanding anything contained in sub-sections (1) and (2), and order of fresh assessment in pursuance of an order passed under section 15, section 16, section 19 or section 20, setting aside or cancelling an assessment may be made at any time before the expiry of two years from the end of the financial year in which the order under section 15 of section 16 is received by the Commissioner or, as the case may be, the order under section 19 or section 20 is passed by the Commissioner. (4) The provisions of sub-sections (1) and (2) shall not apply to the assessment or re-assessment made in consequence of, or to give effect to, any finding or direction contained in an order under section 15 or section 16 or section 19 or section 20 of this Act or section 256 or section 260 of the Income-tax Act as applicable to this Act by virtue of section 21 of this Act or in an order of any court in a proceeding otherwise than by way of appeal or reference under this Act and such assessment or re-assessment may, subject to the provisions of sub-section (3), be completed at any time. _Explanation 1.—In computing the period of limitation for the purposes of this section—_ (i) the time taken in reopening the whole or any part of the proceeding; or (ii) the period during which the assessment proceeding is stayed by an order or injunction of any Court, shall be excluded. _Explanation 2.—Where, by an order referred to in sub-section (4), any interest is excluded from the_ chargeable interest for an assessment year in respect of an assessee, then, an assessment of such interest for another assessment year shall, for the purposes of section 10 and this section, be deemed to be one made in consequence of, or to give effect to, any finding or direction contained in the said order.] **1[11. Advance payment of interest-tax.—(1) Interest-tax shall be payable in advance during the** financial year in respect of the chargeable interest for the assessment year immediately following that financial year in accordance with the provision of this section. (2) Interest-tax shall be payable in advance in three instalments during each financial year, the due date of, and the amount payable in, each such instalment being as specified in the following Table: **TABLE** Due date of instalment Amount payable On or before the 15th September Not less than twenty per cent. of such interest-tax Payable in advance. On or before the 15th December Not less than fifty per cent. of such interest-tax payable in advance, as reduced by the amount, if any, paid in the earlier instalment. On or before the 15th March The whole amount of such interest-tax payable in advance as reduced by the amount or amounts, if any, paid in the earlier instalment or instalments: Provided that any amount paid by way of interest-tax payable in advance on or before the 31st day of March shall also be treated as interest-tax paid in advance during the financial year ending on that day for all the purposes of this Act. **12. Interest for default in furnishing return of chargeable interest.—(1) Where the return of** chargeable interest for any assessment year under sub-section (1) of section 7, or in response to a notice under sub-section (2), of that section is furnished after the due date, or is not furnished, the assessee shall 1. Subs. by Act 49 of 1991, s. 101, for sections 11 to 13 (w.e.f. 1-10-1991). 7 ----- be liable to pay simple interest at the rate of two per cent. for every month or part of a month comprised in the period commencing on the date immediately following the due date, and,— (a) where the return is furnished after the due date, ending on the date of the furnishing of the return; or (b) where no return has been furnished, ending on the date of completion of assessment under sub-section (3) of section 8, on the amount of the interest-tax on the chargeable interest as determined under sub-section (2) or sub-section (3) of section 8 as reduced by the interest-tax paid in advance. _Explanation 1.—_ In this section, “due date” means the 31st day of December of the relevant assessment year or, as the case may be, the date on which return in response to a notice under sub-section (2) of section 7 is due to be filed. _Explanation 2.—Where in relation an assessment year, an assessment is made for the first time under_ section 10, the assessment so made shall be regarded as assessment made under sub-section (2), or, as the case may be, sub-section (3) of section 8. _Explanation 3.—For the purposes of computing the interest payable under section 9, interest-tax on_ the chargeable interest declared in the return shall be deemed to be the interest-tax on total chargeable interest determined under sub-section (2) or sub-section (3) of section 8. (2) The interest payable under sub-section (1) shall be reduced by the interest, if any, paid under section 9 towards the interest chargeable under this section. (3) Where the return of chargeable interest for any assessment year, required by a notice under section 10 issued after the completion of assessment under sub-section (2) or sub-section (3) of section 8 or section 10 is furnished after the expiry of the time allowed under such notice or is not furnished, the assessee shall be liable to pay simple interest at the rate of two per cent. for every month or part of a month comprised in the period commencing on the date immediately following the expiry of time allowed as aforesaid, and,— (a) where the return is furnished after the expiry of the time aforesaid, ending on the date of furnishing the return; or (b) where no return has been furnished, ending on the day of completion of the re-assessment under section 10, on the amount by which the interest-tax on the chargeable interest as determined on the basis of such reassessment exceeds the interest-tax on chargeable interest on the basis of earlier assessment aforesaid. (4) Where, as a result of an order under section 15 or section 17 of this Act or section 254 or section 260 or section 262 of the Income-tax Act, as applicable to this Act by virtue of section 21 of this Act, the amount on which interest was payable under sub-section (1) or sub-section (3) has been increased or reduced, as the case may be, the interest shall be increased or reduced accordingly, and— (i) in a case where the interest is increased, the Assessing Officer shall serve on the assessee a notice of demand in the prescribed form specifying the sum payable and such notice of demand shall be deemed to be a notice under section 156 of the Income-tax Act as applicable to this Act by virtue of Section 21, and the provisions of this Act shall apply accordingly; (ii) in a case where the interest is reduced, the excess interest paid, if any, shall be refunded. (5) The provisions of this section shall apply in respect of assessments for the assessment year commencing on the 1st day of April, 1992 and subsequent years. **12A. Interest for default in payment of interest-tax in advance.—(1) Subject to the other** provisions of this section, where in any financial year, an assessee, who is liable to pay interest-tax in advance under section 11 has failed to pay such tax, or where the interest-tax paid in advance by such assessee is less than ninety per cent. of the assessed interest-tax, the assessee shall be liable to pay simple interest at the rate of two per cent. for every month or part of a month comprised in the period from the 1st day of April next following such financial year to the date of determination of chargeable interest under sub-section (2) or, as the case may be, sub-section (3) of section 8 on an amount equal to the 8 ----- assessed interest-tax, or, as the case may be, on the amount by which the interest-tax payable in advance falls short of the assessed interest-tax. _Explanation 1.—In this section “assessed interest-tax” means, —_ (a) for the purpose of computing the interest payable under section 9, the interest-tax on the chargeable interest as declared in the return referred to in that section; (b) in any other case, interest-tax on chargeable interest as determined under sub-section (2) or, as the case may be, sub-section (3) of section 8. _Explanation 2.—Where, in relation to an assessment year, an assessment is made for the first time_ under section 10, the assessment so made shall be regarded as assessment made under sub-section (2) or, as the case may be, sub-section (3) of section 8. (2) Where, before the date of completion of assessment under sub-section (2) or sub-section (3) of section 8, interest-tax is paid by the assessee under section 9 or otherwise,— (i) interest shall be calculated in accordance with the foregoing provisions of this section up to the date on which the tax is so paid, and reduced by the interest, if any, paid under section 9 towards the interest chargeable under this section; (ii) thereafter, interest shall be calculated at the rate aforesaid on the amount by which the tax so paid together with interest-tax paid in advance falls short of the assessed interest-tax. (3) Where, as a result of an order of reassessment under section 10, the amount on which the interest was payable under sub-section (1) is increased, the assessee shall be liable to pay simple interest at the rate of two per cent. for every month or part of a month comprised in the period commencing on the day following the completion of the assessment under sub-section (2) or, as the case may be, sub-section (3) of section 8 referred to in sub-section (1) and ending on the date of reassessment under section 10, on the amount by which the interest-tax on the basis of the reassessment exceeds the interest-tax on the chargeable interest determined on the basis of assessment under sub-section (2) or, as the case may be, sub-section (3) of section 8. (4) Where, as a result of an order under section 15 or section 17 of this Act or section 254 or section 260 or section 262 of the Income-tax Act as applicable to this Act by virtue of section 21 of this Act, the amount on which interest was payable under sub-section (1) or sub-section (3) has been increased or reduced, as the case may be, the interest shall be increased or reduced accordingly, and— (i) in a case where the interest is increased, the Assessing Officer shall serve on the assessee a notice of demand in the prescribed form specifying the sum payable and such notice of demand shall be deemed to be a notice under section 156 of the Income-tax Act as applicable to this Act by virtue of section 21 of this Act, and provisions of this Act shall apply accordingly; (ii) in a case where the interest is reduced, the excess interest paid, if any, shall be refunded. (5) The provisions of this section shall apply in respect of assessments for the assessment year commencing on the 1st day of April, 1992 and subsequent assessment years. **12B. Interest for deferment of interest-tax payable in advance.—(1) Where in any financial year,** the assessee who is liable to pay interest-tax in advance under section 11 has failed to pay the interest-tax and where such tax paid by the assessee on his chargeable interest on or before the 15th day of September is less than twenty per cent. of the interest-tax due on the returned chargeable interest or the amount of such interest-tax paid on or before the 15th day of December is less than fifty per cent. of the tax due on the returned chargeable interest then, the assessee shall be liable to pay simple interest at the rate of one and one-half per cent. per month of the shortfall for a period of three months on the amount of shortfall from twenty per cent. or; as the case may be, fifty per cent. of the interest-tax due on the returned chargeable interest. (2) The provisions of this section shall apply in respect of assessments for the assessment year commencing on the 1st day of April, 1992 and subsequent assessment years. 9 ----- **13. Penalty for concealment of chargeable interest.—If the Assessing Officer or the Commissioner** (Appeals) in the course of any proceeding under this Act, is satisfied that any person has concealed the particulars of chargeable interest or has furnished inaccurate particulars of such interest, he may direct that such person shall pay by way of penalty, in addition to any interest-tax payable by him, a sum which shall not be less than, but shall not exceed three times, the amount of interest-tax sought to be evaded by reason of the concealment of particulars of his chargeable interest or the furnishing of inaccurate particulars of such chargeable interest.] **14. Opportunity of being heard.—No order imposing a penalty under section 12 or section 13 shall** be made unless the assessee has been heard, or has been given a reasonable opportunity of being heard. **15. Appeals to the** **[1][Commissioner (Appeals)].—(1) Any person objecting to the amount of** interest-tax for which he is assessed by the [2][Assessing Officer] or denying his liability to be assessed under this Act, or objecting to any penalty or fine imposed by the [2][Assessing Officer], or to the amount allowed by the [2][Assessing Officer] by way of any relief under any provision of this Act, or to any refusal by the [2][Assessing Officer] to grant relief or to an order of rectification having the effect of enhancing the assessment or reducing the refund, or to an order refusing to allow the claim made by the assessee for a rectification under section 17, may appeal to the[ 1][Commissioner (Appeals)]. 3[(2) Every appeal filed on or after the 1st day of October, 1998 shall be in the prescribed form and shall be verified in the prescribed manner and shall be accompanied by a fee of two hundred and fifty rupees.] (3) An appeal shall be presented within thirty days of the following date, that is to say,— (a) where the appeal relates to assessment or penalty or fine, the date of service of the notice of the demand relating to the assessment or penalty or fine, or (b) in any other case, the date on which the intimation of the order sought to be appealed against is served: Provided that the [1][Commissioner (Appeals)] may admit an appeal after the expiration of the said period if he is satisfied that the appellant had sufficient cause for not presenting it within that period. (4) The [1][Commissioner (Appeals)] shall hear and determine the appeal and, subject to the provisions of this Act, pass such orders as he thinks fit and such orders may include an order enhancing the assessment or penalty: Provided that an order enhancing the assessment or penalty shall not be made unless the person affected thereby has been given a reasonable opportunity of showing cause against such enhancement. (5) The procedure to be adopted in the hearing and determination of the appeals shall, with any necessary modification, be in accordance with the procedure applicable in relation to income-tax. **15A. [Appeal to the Commissioner (Appeals).] Omitted by Finance** (No. 2) Act, 1991 (49 _of 1991),_ s. 103 (w.e.f. 1-10-1991). **16. Appeals to Appellate Tribunal.—(1) Any assessee aggrieved by an order passed by a** Commissioner under section 19, or an order passed by [4][a Commissioner (Appeals)] under any provision of this Act, may appeal to the Appellate Tribunal against such order. (2) The Commissioner may, if he objects to any order passed by the [1][Commissioner (Appeals)] under any provision of this Act, direct the [5][Assessing Officer] to appeal to the Appellate Tribunal against the order. 1. Subs. by Act 29 of 1977, s. 39 and the Fifth Schedule, for “ Appellate Assistant Commissioner” (w.e.f. 1-4-1977). 2. Subs. by Act 49 of 1991, s. 102, for “Income-tax Officer” (w.e.f. 1-10-1991). 3. Subs. by Act 21 of 1998, s. 78, for sub-section ( 2) (w.e.f. 1-10-1998). 4. Subs. by Act 29 of 1977, s. 39 and the Fifth Schedule, for “an Appellate Assistant Commissioner” (w.e.f. 1-4-1977). 5. Subs. by Act 49 of 1991, s. 104, for “Income-tax Officer” (w.e.f. 1-10-1991). 10 ----- (3) Every appeal under sub-section (1) or sub-section (2) shall be filed within sixty days of the date on which the order sought to be appealed against is communicated to the assessee or to the Commissioner, as the case may be. (4) The [1][Assessing Officer] or the assessee, as the case may be, on receipt of notice that an appeal against the order of the [2][Commissioner (Appeals)] has been preferred under sub-section (1) or sub-section (2) by the other party may, notwithstanding that he may not have appealed against such order or any part thereof, within thirty days of the receipt of the notice, file a memorandum of cross-objections, verified in the prescribed manner, against any part of the order of the [2][Commissioner (Appeals)], and such memorandum shall be disposed of by the Appellate Tribunal as if it were an appeal presented within the time specified in sub-section (3). (5) The Appellate Tribunal may admit an appeal or permit the filing of a memorandum of cross-objections after the expiry of the relevant period referred to in sub-section (3) or sub-section (4), if it is satisfied that there was sufficient cause for not presenting it within that period. (6) An appeal to the Appellate Tribunal shall be in the prescribed form and shall be verified in the prescribed manner and, shall, except in the case of an appeal referred to in sub-section (2) or a memorandum of cross-objections referred to in sub-section (4), be accompanied by a fee of [3][one thousand rupees in the case of an appeal filed on or after the 1st day of October, 1998]. (7) Subject to the provisions of this Act, in hearing and making an order on any appeal under this section, the Appellate Tribunal shall exercise the same powers and follow the same procedure as it exercises and follows in hearing and making an order on any appeal under the Income-tax Act. **17. Rectification of mistakes.—(1) With a view to rectifying any mistake apparent from the record,** the Commissioner, the [4][Assessing Officer], the [2][Commissioner (Appeals)] and the Appellate Tribunal may, of his, or its, own motion or on an application by the assessee in this behalf, amend any order passed by him or it in any proceeding under this Act [5][within four years from the end of the financial year in which such order was passed]. (2) An amendment which has the effect of enhancing the assessment or reducing a refund or otherwise increasing the liability of the assessee shall not be made under this section unless the authority concerned has given notice to the assessee of its intention so to do and has allowed the assessee a reasonable opportunity of being heard. (3) Where an amendment is made under this section, the order shall be passed in writing by the authority concerned. (4) Subject to the other provisions of this Act, where any such amendment has the effect of reducing the assessment, the[ 4][Assessing Officer] shall make any refund which may be due to such assessee. (5) Where any such amendment has the effect of enhancing the assessment or reducing the refund already made, the [4][Assessing Officer] shall serve on the assessee a notice of demand in the prescribed form specifying the sum payable. **6[18.** **Interest-tax** **deductible** **in** **computing** **total** **income** **under** **the** **Income-tax** **Act.—Notwithstanding anything contained in the Income-tax Act, in computing the income of a credit** institution chargeable to income-tax under the head “Profits and gains of business or profession” or under the head “Income from other sources”, the interest-tax payable by the credit institution for any assessment year shall be deductible from the income, under the respective heads, of the credit institution assessable for that assessment year.] **19. Revision of order prejudicial to revenue.—(1) The Commissioner may call for and examine the** record of any proceeding under this Act, and if he considers that any order passed therein by the [7][Assessing Officer] is erroneous in so far as it is prejudicial to the interests of the revenue, he may, 1. Subs. by Act 49 of 1991, s. 104, for “Income-tax Officer” (w.e.f. 1-10-1991 2. Subs. by Act 29 of 1977, s. 39 and the Fifth Schedule, for “Appellate Assistant Commissioner” (w.e.f. 1-4-1977). 3. Subs. by Act 21 of 1998, s. 79, for “two hundred rupees” (w.e.f. 1-10-1998). 4. Subs. by Act 49 of 1991, s. 105, for “Income-tax Officer” (w.e.f. 1-10-1991). 5. Subs. by Act 67 of 1984, s. 82, for “within four years of the date on which such order was passed” (w.e.f. 1-10-1984). 6. Subs. by Act 49 of 1991, s. 106, for section 18 (w.e.f. 1-10-1991). 7. Subs. by s. 107, ibid., for “Income-tax Officer” (w.e.f. 1-10-1991). 11 ----- after giving the assessee an opportunity of being heard and after making or causing to be made such enquiry as he deems necessary, pass such order thereon as the circumstances of the case justify, including an order enhancing or modifying the assessment, or cancelling the assessment and directing a fresh assessment. 1[Explanation.—For the removal of doubts, it is hereby declared that, for the purposes of this sub-section,— (a) “record” shall include and shall be deemed always to have included all records relating to any proceeding under this Act available at the time of examination by the Commissioner; (b) where any order referred to in this sub-section is the subject matter of any appeal, the power of the Commissioner under this sub-section shall extend to all such matters as had not been considered and decided in such appeal.] 2[(2) No order shall be made under in sub-section (1) after the expiry of two years from the end of the financial year in which the order sought to be revised was passed.] (3) Notwithstanding anything contained sub-section (2), an order-in revision under this section may be passed at anytime in the case of an order which has been passed in consequence of, or to give effect to, any finding or direction contained in an order of the Appellate Tribunal [3][the National Tax Tribunal], the High Court or the Supreme Court. _Explanation.—In computing the period of limitation for the purposes of sub-section (2),_ [4][the time taken in giving an opportunity to the assessee to be reheard under the proviso to section 129 of the Income-tax Act, as applicable to this Act by virtue of section 21 of this Act, and] any period during which any proceeding under this section is stayed by an order or injunction of any court shall be excluded. **20. Revision of orders by Commissioner.—(1) The Commissioner may, either of his own motion or** on an application by the assessee for revision, call for the record of any proceeding under this Act which has been taken by an [5][Assessing Officer] [6]*** subordinate to him and may make such enquiry or cause such enquiry to be made and, subject to the provisions of this Act, may pass such order thereon, not being an order prejudicial to the assessee, as he thinks fit. (2) The Commissioner shall not of his own motion revise any order under this section if the order has been made more than one year previously. (3) In the case of an application for revision under this section by the assessee, the application shall be made within one year from the date on which the order in question was communicated to him or the date on which he otherwise came to know of it, whichever is earlier: Provided that the Commissioner may, if he is satisfied that the assessee was prevented by sufficient cause from making the application within that period, admit an application made after the expiry of that period. (4) The Commissioner shall not revise any order under this section in the following cases— 7[(a) where an appeal against the order lies to the Commissioner (Appeals) but has not been made and the time within which such appeal may be made has not expired, or the assessee has not waived his right of appeals; or (b) where the order has been made the subject of an appeal to the Commissioner (Appeals).] (5) Every application by an assessee for revision under this section shall be accompanied by a fee of twenty-five rupees. 1. Subs. by Act 49 of 1991, s. 107, for the Explanation (w.e.f. 1-10-1991). 2. Subs. by Act 67 of 1984, s. 83, for sub-section (2) (w.e.f. 1-10-1984). 3. Ins. by Act 49 of 2005, s. 30 and the Schedule (w.e.f. 28-12-2005). 4. Ins. by Act 49 of 1991, s. 107 (w.e.f. 1-10-1991). 5. Subs. by s. 108, ibid., for “Income-tax Officer” (w.e.f. 1-10-1991). 6. The words “or Appellate Assistant Commissioner” omitted by Act 29 of 1977, s. 39 and the Fifth Schedule (w.e.f. 8-8-1977). 7. Subs. by s. 39 and the Fifth Schedule, ibid., for clauses (a), (b) and (c) (w.e.f. 8-8-1977). 12 ----- 1[(6) On every application by an assessee for revision under this sub-section, made on or after the 1st day of October, 1998, an order shall be passed within one year from the end of the financial year in which such application is made by the assesse for revision. _Explanation.—In computing the period of limitation for the purposes of this sub-section, the time_ taken in giving an opportunity to the assessee to be re-heard under the proviso to section 21 and any period during which any proceeding under this section is stayed by an order or injunction of any court shall be excluded. (7) Notwithstanding anything contained in sub-section (6), an order in revision under sub-section (6) may be passed at any time in consequence of or to give effect to any finding or direction contained in an order of the [2][Appellate Tribunal, the National Tax Tribunal, the High Court or the Supreme Court].] _Explanation.—An order by the Commissioner declining to interfere shall, for the purposes of this_ section be deemed not to be an order prejudicial to the assessee. 3* _*_ _*_ _*_ _*_ **21. Application of provisions of Income-tax Act.—The provisions of the following sections and** Schedules of the Income-tax Act and the Income-tax (Certificate Proceedings) Rules, 1962, as in force from time to time, shall apply with necessary modifications as if the said provisions and the rules referred to interest-tax instead of to income-tax:— 4[2(44) 5[,119],129,131,132,132A, 132B, 133 to 136 (both inclusive), 138,140,145, 156, 160, 161, 162, 163, 166, 167, 170, 173, 175, 176, 178, 179, 220 to 227 (both inclusive), 228A, 229, 232, 237 to 245 (both inclusive), 254 to 262 (both inclusive), 265, 266, 268, 269, 281, 281B, 282, 284, 287, 288, 288A, 288B, 289 to 293 (both inclusive), the Second Schedule and the Third Schedule:] Provided that references in the said provisions and the rules to the “assessee” shall be construed as references to an assessee as defined in this Act. **22. Income-tax papers to be available for the purposes of this Act.—(1) Notwithstanding anything** contained in the Income-tax Act, all information contained in any statement or return made or furnished under the provisions of that Act or obtained or collected for the purposes of that Act may be used for the purposes of this Act. (2) All information contained in any statement or return made or furnished under the provisions of this Act or obtained or collected for the purposes of this Act may be used for the purposes of the Income-tax Act. **6[23. Failure to comply with notices.—If any person fails, without reasonable cause, to produce or** cause to be produced, any accounts or documents required to be produced under section 8, he shall pay by way of penalty, a sum which shall not be less than one thousand rupees, but which may extend to twenty-five thousand rupees, for each such failure. **24. False statements.—If a person makes a statement in any verification under this Act or any rule** made thereunder, or delivers an account or statement 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 rigorous imprisonment for a term which shall not be less than three months but which may extend to seven years and with fine. **25. Wilful attempt to evade tax, etc.—If a person wilfully attempts in any manner whatsoever to** evade any interest-tax, penalty or interest chargeable or imposable under this Act, he shall, without prejudice to any penalty that may be imposable on him under any other provision of this Act, be 1. Ins. by Act 21 of 1998, s. 80 (w.e.f. 1-10-1998). 2. Subs. by Act 49 of 2005, s. 30 and the Schedule (w.e.f. 28-12-2005). 3. The Explanation 2 omitted by 29 of 1977, s. 39 and the Fifth Schedule (w.e.f. 8-8-1977). 4. Subs. by Act 49 of 1991, s. 109, for certain figures, brackets, letters and words (w.e.f. 1-10-1991). 5. Ins. by Act 26 of 1997, s. 60 (w.e.f. 1-10-1991). 6. Subs. by Act 49 of 1991, s. 110, for sections 23 to 26 (w.e.f 1-10-1991). 13 ----- punishable with rigorous imprisonment for a term which shall not be less than three months but which may extend to seven years and with fine. _Explanation.—For the purposes of this section, a wilful attempt to evade any interest-tax, penalty or_ interest chargeable or imposable under this Act or the payment thereof shall include a case where any person— (i) has in his possession or control any books of account or other documents (being books of account or other documents relevant to any proceeding under this Act) containing a false entry or statement; or (ii) makes or causes to be made any false entry or statement in such books of account or other documents; or (iii) wilfully omits or causes to be omitted any relevant entry or statement in such books of account or other documents; or (iv) causes any other circumstances to exist which will have the effect of enabling such person to evade any interest-tax, penalty or interest chargeable or imposable under this Act or the payment thereof. **26. Abetment of false returns, etc.—If a person abets or induces in any manner another person to** make and deliver any account or a statement or declaration relating to any chargeable interest which is false and which he either knows or believes to be false or does not believe to be true or to commit an offence under section 25, he shall be punishable with rigorous imprisonment for a term which shall not be less than three months but which may extend to seven years and with fine. **26A. Offences by credit institutions.—(1) Where an offence under this Act has been committed by a** credit institution every person who, at the time the offence was committed, was in charge of, and was responsible to, the credit institution or the conduct of the business of the credit institution as well as the credit institution shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a credit institution 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 credit institution, 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, “director”, in relation to a co-operative society, means_ any member controlling the affairs thereof. **26B. Institution of proceedings and composition of offences.—(1) A person shall not be** proceeded against for any offence under section 24 or section 25 or section 26 or for any offence under the Indian Penal Code (45 of 1860), except with the previous sanction of the Commissioner or Commissioner (Appeals): Provided that the Chief Commissioner or, as the case may be, Director General may issue such instructions or directions to the aforesaid interest-tax authorities as he may deem fit for institution of proceedings under this sub-section. (2) Any offence under the sections referred to in sub-section (1) may, either before or after the institution of proceedings, be compounded by the Chief Commissioner or Director General. _Explanation.—For the removal of doubts, it is hereby declared that the power of the Board to issue_ orders, instructions or directions under this Act shall include the power to issue instructions or directions (including instructions or directions to obtain the previous approval of the Board) to other interest-tax authorities for the proper composition of offences under this section. 14 ----- **26C. Power of credit institutions to vary certain agreements.—Notwithstanding anything** contained in any agreement under which any term loan has been sanctioned by the credit institution before the 1st day of October, 1991, it shall be lawful for the credit institution to vary the agreement, so as to increase the rate of interest stipulated therein to the extent to which such institution is liable to pay the interest-tax under this Act in relation to the amount of interest on the term loan which is due to the credit institution. _Explanation.—For the purposes of this section, “term loan” means a loan which is not repayable on_ demand.] **27. Power to make rules.—(1) The Board may, subject to the control of the Central Government, 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 form in which returns under section 7 may be furnished and the manner in which they may be verified; (b) the form in which appeals under section 15 or section 16 may be filed and the manner in which they may be verified; (c) the procedure to be followed on applications for rectification of mistakes and applications for refunds; (d) any other matter which by this Act is to be, or may be, prescribed. (3) The power to make rules conferred by this section shall on the first occasion of the exercise thereof include the power to give retrospective effect to the rules or any of them from a date not earlier than the date of commencement of this Act. (4) The Central Government shall cause every rule made under this section to 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. **28. Power to exempt.—Where the Central Government is of the opinion that it is necessary or** expedient so to do either in the public interest or having regard to the peculiar circumstances of the case, it may, by notification, and subject to conditions, if any, as may be specified in the notification, exempt 1[any credit institution or any class of credit institutions or any interest on any category of loans or advances] from the levy of interest-tax: Provided that no such exemption shall be made except on the recommendation of the Reserve Bank of India. **29. Power to remove difficulty.—[2][(1)] If any difficulty arises in giving effect to the provisions of** this Act, the Central Government may, by order, not inconsistent with the provisions of this Act, remove the difficulty: Provided that no such order shall be made after the expiry of a period of two years from the commencement of this Act. 3[(2) If any difficulty arises in giving effect to the provisions of this Act, as amended by the Finance (No.2) Act, 1991(49 of 1991), the Central Government may, by order, do anything not inconsistent with such provisions for the purpose of removing the difficulty: 1. Subs. by Act 49 of 1991, s.111, for “any scheduled bank or any class of scheduled banks” (w.e.f. 1-10-1991). 2. Section 29 renumbered as sub-section (1) thereof by s. 112, ibid. (w.e.f. 1-10-1991). 3. Ins. by s. 112, ibid. (w.e.f. 1-10-1991). 15 ----- Provided that no such order shall be made after the expiry of two years from the 1st day of October, 1991. (3) Every order made under sub-section (2) shall be laid before each House of Parliament.] **30. [Repeal.] Rep. by Repealing and Amending Act, 1978 (38 of 1978), s. 2 and the** _First Schedule_ (w.e.f. 26-11-1978). 16 -----

26-Sep-1974

47

The Oil Industry (Development) Act, 1974

https://www.indiacode.nic.in/bitstream/123456789/1617/1/A1974-47.pdf

central

# THE OIL INDUSTRY (DEVELOPMENT) ACT, 1974 Last Updated 17-3-2020 ________ ARRANGEMENT OF SECTIONS ________ CHAPTER I PRELIMINARY SECTIONS 1. Short title and extent. 2. Definitions. CHAPTER II THE OIL INDUSTRY DEVELOPMENT BOARD 3. Establishment and constitution of the Board. 4. Conditions of service of members. 5. Secretary, officers, consultants and employees of the Board. 6. Functions of the Board. 7. Principles and conditions of assistance. 8. Power to call for repayment before agreed period. 9. Special provisions for enforcement of claims by the Board. 10. Power of Board to appoint Directors of oil industrial concern. 11. Effect of notified order appointing Director. 12. Powers and duties of the Directors. 13. No right to compensation for loss of office. 14. Application of Act 1 of 1956. CHAPTER III FINANCE, ACCOUNTS AND AUDIT 15. Duties of excise. 16. Crediting of proceeds of duty to Consolidated Fund of India. 17. Grants and loans by the Central Government. 18. Oil Industry Development Fund. 19. Power to borrow. 20. Accounts and audit. CHAPTER IV CONTROL BY THE CENTRAL GOVERNMENT 21. Power to require persons engaged in oil industry to maintain and produce books, accounts and records relating to business and inspection thereof. 22. Directions by the Central Government. 22A. [Omitted.]. 1 ----- CHAPTER V MISCELLANEOUS SECTIONS 23. Penalties. 24. Other penalties. 25. Offences by companies. 26. Jurisdiction of courts. 27. Previous sanction of Central Government. 28. Protection of action taken in good faith. 29. Dissolution of the Board. 30. Act to have overriding effect. 31. Power to make rules. THE SCHEDULE. 2 ----- # THE OIL INDUSTRY (DEVELOPMENT) ACT, 1974 ACT NO. 47 OF 1974 [26th September, 1974.] # An Act to provide for the establishment of a Board for the development of oil industry and for that purpose to levy a duty of excise on crude oil and natural gas and for matters connected therewith. BE it enacted by Parliament in the Twenty-fifth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title and extent.—(1) This Act may be called the Oil Industry (Development) Act, 1974.** (2) It extends to the whole of India. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “assistance” means assistance rendered under section 6; (b) “Board” means the Oil Industry Development Board established under section 3; (c) “Chairman” means the Chairman of the Board; (d) “court” means the High Court or the Court of Judicial Commissioner within the local limits of whose jurisdiction the defendant or respondent carries on the whole or a substantial part of his business, and where the Central Government has, by notification in the Official Gazette, and subject to such restrictions, limitations and conditions, as it thinks fit, empowered any court of civil jurisdiction subordinate to the High Court or, as the case may be, the Court of the Judicial Commissioner, to exercise all or any of the powers conferred by this Act, such court; (e) “crude oil” means petroleum in its natural state before it is refined or otherwise treated but from which water and foreign substances have been extracted; (f) “fertilisers” means such oil based chemical compounds which when employed in agriculture provide either single or multiple plant nutrients in any one or more of the forms of nitrogen, phosphorus and potash; (g) “member” means a member of the Board and includes the Chairman; (h) “mineral oil” includes petroleum and natural gas; (i) “natural gas” means gas consisting primarily of hydrocarbons obtained from oil wells or gas wells; (j) “oil industrial concern” means any company, corporation or co-operative society, which is engaged or which is to engage in any activity referred to in clause (k); (k) “oil industry” includes all activities by way of prospecting or exploring for or production of mineral oil, refining, processing, transportation, storage, handling and marketing, of mineral oil, production and marketing of all products, down-stream of an oil refinery and the production of fertilisers and petro-chemicals and all activities directly or indirectly connected therewith; (l) “petro-chemicals” means chemicals, whether organic or inorganic, derived from petroleum including crude oil, natural gas, condensates, refined petroleum fractions and refinery gases; (m) “petroleum product” means any commodity made from petroleum or natural gas and includes refined crude oil, processed crude petroleum, residuum from crude petroleum cracking stock, uncracked fuel oil, fuel oil, treated crude oil residuum, casing head gasoline, natural gas gasoline, 3 ----- naphtha, distillate gasoline, kerosene, bitumen, asphalt and tar, waste oil, blended gasoline, lubricating oil, blends or mixture of oil with one or more liquid products or by-products derived from oil or gas and blends or mixtures of two or more liquid products or by-products derived from oil condensate and gas or petroleum hydrocarbons not specified hereinbefore; (n) “prescribed” means prescribed by rules made under this Act. CHAPTER II THE OIL INDUSTRY DEVELOPMENT BOARD **3. Establishment and constitution of the Board.—(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 a Board to be called the Oil Industry Development 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 the following members, namely:— (a) not more than three members to be appointed by the Central Government to represent the Ministry or Ministries of the Central Government dealing with petroleum and chemicals; (b) two members to be appointed by the Central Government to represent the Ministry of the Central Government dealing with finance; (c) not more than five members to be appointed by the Central Government to represent the Corporations, being Corporations owned or controlled by the Central Government, engaged in activities referred to in clause (k) of section 2; (d) two members of whom one shall be appointed by the Central Government from amongst persons who, in the opinion of that Government, have special knowledge or experience of oil industry and the other shall be appointed by that Government to represent labour employed in the oil industry; (e) the Secretary to the Board, ex officio. (4) The Central Government shall appoint the Chairman of the Board. (5) The term of office of the members of the Board (other than the members appointed by virtue of office) and the manner of filling vacancies among, and the procedure to be followed in the discharge of their functions by, the members shall be such as may be prescribed. (6) Subject to such conditions and restrictions as may be prescribed, the Board may constitute Standing Committees or _ad hoc Committees for exercising any power or discharging any duty of the_ Board or for inquiring into, reporting and advising on, any matter which the Board may refer to them: Provided that a Standing Committee shall consist exclusively of members of the Board. (7) No act or proceeding of the Board or of any Committee constituted under sub-section (6) shall be invalidated merely by reason of— (a) any vacancy in, or any defect in the constitution of, the Board or such Committee; or (b) any defect in the appointment of a person acting as a member of the Board or such Committee; or (c) any irregularity in the procedure of the Board or such Committee not affecting the merits of the case. **4. Conditions of service of members.—Every person appointed as a whole-time member of the** Board 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 and the other members of the Board and such of the members of any ad hoc Committee constituted under 4 ----- sub-section (6) of section 3 as are not members of the Board shall be entitled to such allowances, if any, and such other conditions of service, as may be prescribed. **5. Secretary, officers, consultants and employees of the Board.—(1) The Central Government** shall appoint a Secretary to the Board. (2) Subject to rules made in this behalf, the Secretary shall exercise such powers and perform such duties as may be prescribed or as may be delegated to him by the Board. (3) The Secretary 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. (4) Subject to such conditions and restrictions as may be prescribed, the Board may appoint such consultants as may be necessary for the performance of its functions on such terms and conditions as it may determine from time to time. (5) Subject to such conditions and restrictions as may be prescribed, the Board may appoint such other officers and employees as may be necessary for the performance of its functions and pay them such salaries and allowances as it may determine from time to time. **6. Functions of the Board.—(1) Subject to the provisions of this Act and the rules made thereunder,** the Board shall render, in such manner, to such extent and on such terms and conditions as it may deem fit, financial and other assistance for the promotion of all such measures as are, in its opinion, conducive to the development of oil industry. (2) Without prejudice to the generality of the provisions of sub-section (1), the Board may render assistance under that sub-section by— (a) making grants or advancing loans to any oil industrial concern or other person who is engaged or is to engage in any activity referred to in clause (k) of section 2; (b) guaranteeing on such terms and conditions as may be agreed upon loans raised by any oil industrial concern or other person which are repayable within a period not exceeding twenty-five years and are floated in the market or loans raised by an oil industrial concern or other person from any bank which is a scheduled bank, or a State co-operative bank, as defined in the Reserve Bank of India Act, 1934 (2 of 1934); (c) guaranteeing on such terms and conditions as may be agreed upon deferred payments due from any oil industrial concern or other person in connection with import of capital goods from outside India or in connection with purchase of capital goods within India by such concern or other person; (d) guaranteeing on such terms and conditions as may be agreed upon loans raised from, or credit arrangements made with, any bank or financial institution in any country outside India by any oil industrial concern or other person in foreign currency: Provided that no such guarantee shall be given without the prior approval of the Central Government; (e) underwriting the issue of stock, shares, bonds or debentures by any oil industrial concern and retaining as part of its assets any stock, shares, bonds or debentures which it may have to take up in fulfilment of its obligations thereto; (f) acting as agent for the Central Government or, with its approval, for any overseas financial organisation or credit agency in the transaction of any business with any oil industrial concern in respect of loans or advances granted, or debentures subscribed by the Central Government or such organisation or agency; (g) subscribing to the stock or shares of any oil industrial concern; (h) subscribing to the debentures of any oil industrial concern repayable within a period not exceeding twenty-five years from the date on which they are subscribed to: 5 ----- Provided that nothing contained in this clause shall be deemed to preclude the Board from subscribing to the debentures of any oil industrial concern, the amounts outstanding thereon may be convertible at the option of the Board into stock or shares of that concern within the period the debentures are repayable. _Explanation.—In this clause, the expression “amounts outstanding thereon” used in relation to_ any loan or advance shall mean the principal, interest and other charges payable on such loan or advance as at the time when the amounts are sought to be converted into stock or shares. (3) Without prejudice to the generality of the provisions of sub-section (1), the measures for the promotion of which the Board may render assistance under that sub-section may include measures for or by way of— (a) prospecting for and exploration of mineral oil within India (including the continental shelf thereof) or outside India; (b) the establishment of facilities for production, handling, storage and transport of crude oil; (c) refining and marketing of petroleum and petroleum products; (d) the manufacture and marketing of petro-chemicals and fertilisers; (e) scientific, technological and economic research which could be, directly or indirectly, useful to oil industry; (f) experimental or pilot studies in any field of oil industry; (g) training of personnel, whether in India or outside, engaged or to be engaged in any field of oil industry, and such other measures as may be prescribed. (4) The Board may charge such fees or receive such commission as it may deem appropriate for any services rendered by it in the exercise of its functions. (5) The Board may transfer for consideration any instrument relating to loans or advances granted by it to any oil industrial concern or other person. (6) The Board may do all such things as may be incidental to or consequential upon the discharge of its functions under this Act. **7. Principles and conditions of assistance.—(1) Before rendering any assistance to any oil industrial** concern or other person, the Board shall have regard to such directions as the Central Government may issue in this behalf and shall satisfy itself that— (a) such assistance is not contrary to such directions; and (b) such assistance is necessary as a matter of priority in the interests of the development of oil industry. (2) In rendering any assistance to any oil industrial concern or other person, the Board shall impose such conditions as may be prescribed and may also impose such additional conditions as it may think necessary or expedient for protecting the interests of the Board and for securing that the assistance rendered by it is put to the best use by such concern or other person. **8. Power to call for repayment before agreed period.—Notwithstanding anything in any agreement** to the contrary, the Board may, by notice in writing, require any oil industrial concern or other person to which or to whom it has rendered any assistance to discharge forthwith in full its or his liabilities to the Board— (a) if it appears to the Board that false or misleading information in any material particulars was given in the application for such assistance; or (b) if the concern or other person has failed to comply with the terms of its or his contract with the Board in the matter of such assistance; or 6 ----- (c) if there is a reasonable apprehension that the concern or other person is unable to pay its or his debts or that proceedings for liquidation or in insolvency may be commenced in respect of such concern or person; or (d) if the property pledged, mortgaged, hypothecated or assigned to the Board as security is not insured and kept insured by the concern or other person to the satisfaction of the Board; or depreciates in value to such an extent that, in the opinion 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 or not forming part of the security), is removed from the premises of the concern or other person without being replaced; or (f) if for any reason it is necessary to protect the interests of the Board. **9. Special provisions for enforcement of claims by the Board.—(1) Where an oil industrial** concern or other person, in breach of any agreement, makes any default in repayment of any loan or advance or any instalment thereof or in meeting its or his obligations in relation to any other assistance rendered by the Board or otherwise fails to comply with the terms of the agreement with the Board or where the Board requires an oil industrial concern or other person to make immediate repayment of any loan or advance and the concern or other person fails to make such repayment, then, without prejudice to the provisions of section 69 of the Transfer of Property Act, 1882 (4 of 1882), any officer of the Board generally or specially authorised by the Board in this behalf may apply to the court 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 Board as security for the loan or advance; or (b) for an ad interim injunction where there is apprehension of the machinery or the equipment being removed from the premises of the oil industrial concern or other person without the permission of the Board; or (c) in the case of an oil industrial concern, for transferring the management of the concern to the Board. (2) An application under sub-section (1) shall state the nature and extent of the liability of the oil industrial concern or other person to the Board, the ground on which it is made and such other particulars as may be prescribed. (3) When the application is for the relief mentioned in clause (a) or clause (b) of sub-section (1), the court shall pass an ad interim order attaching the property or so much of the property of the oil industrial concern or other person as would on being sold realise in the estimation of the court an amount equivalent in value to the outstanding liability of the concern or other person to the Board together with costs of the proceedings taken under this section with or without an ad interim injunction restraining the oil industrial concern or other person from transferring or removing any machinery or equipment. (4) Where the application is for the relief mentioned in clause (c) of sub-section (1), the court shall grant an _ad interim injunction restraining the oil industrial concern from transferring or removing its_ machinery and equipment and issue a notice calling upon the concern to show cause on a date to be specified in the notice why the management of the concern should not be transferred to the Board. (5) Before passing any order under sub-section (3) or sub-section (4), the court may, if it thinks fit, examine the officer making the application. (6) At the same time as it passed an order under sub-section (3), the court shall issue to the oil industrial concern or other person a notice accompanied by copies of the order, the application and the evidence, if any, recorded by it, calling upon the concern or other person 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. 7 ----- (7) If no cause is shown before the date specified in the notice under sub-sections (4) and (6), the court shall forthwith make the _ad interim order absolute and direct the sale of the attached property or_ transfer the management of the oil industrial concern to the Board or confirm the injunction. (8) If cause is shown, the court shall proceed to investigate the claim of the Board and the provisions of the Code of Civil Procedure, 1908 (5 of 1908) shall, so far as may be, apply to such proceedings. (9) On an investigation made under sub-section (8), the court shall pass an order— (a) confirming the order of attachment and directing the sale of the attached property, or (b) varying the order of attachment so as to release a portion of the property from attachment and directing the sale of the remainder of the attached property, or (c) releasing the property from attachment, if it is satisfied that it is not necessary in the interests of the Board, or (d) confirming or dissolving the injunction, or (e) transferring the management of the oil industrial concern to the Board or rejecting the claim made in this behalf: Provided that when making any order under clause (c), the court may make such other orders as it thinks necessary to protect the interests of the Board, and, may apportion the costs of the proceedings in such manner as it thinks fit: Provided further that unless the Board intimates the court that it will not appeal against any order releasing any property from attachment, such order shall not be given effect to until the expiry of the period fixed under sub-section (12) within which an appeal may be preferred, or if an appeal is preferred, unless the court empowered to hear appeals from the decisions of the said court otherwise directs, until the appeal is disposed of. (10) An order of attachment or sale of property shall be carried into effect, as far as may be 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 Board were the decree-holder. (11) An order under this section transferring the management of an oil industrial concern to the Board shall be carried into effect, as far as may be practicable, in the manner provided in 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 decree, as if the Board were the decree-holder. (12) Any party aggrieved by an order under sub-section (7) or sub-section (9) may, within thirty days from the date of the order, appeal to the court empowered to hear appeals from the decisions of the court which passed the order and the appellate court may after hearing the parties pass such orders as it thinks proper. (13) Nothing in this section shall be construed, where proceedings for liquidation or in insolvency in respect of the oil industrial concern or other person have commenced before an application is made under sub-section (1) as giving to the Board any preference over the other creditors of the concern or other person not conferred on it by any other law. (14) 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 other powers incidental thereto. **10. Power of Board to appoint Directors of oil industrial concern.—When the management of an** oil industrial concern is taken over by the Board, the Board may, by order notified in the Official Gazette, appoint as many persons as it thinks fit to be the Directors of that concern and nothing in the Companies Act, 1956 (1 of 1956) or in any law or instrument relating to the concern, in so far as it makes, in relation to a Director, any provision for the holding of any share qualification, age limit, restrictions on the number of directorships, retirement by rotation or removal from office shall apply to any Director appointed by the Board under this section. 8 ----- **11. Effect of notified order appointing Director.—On the issue of a notified order under** section 10— (a) all persons holding office as Director of the oil industrial concern or in charge of the management of such concern immediately before the issue of the notified order shall be deemed to have vacated their offices as such; (b) the Directors appointed under section 10 shall take such steps as may be necessary to take into their custody or under their control the property, effects and actionable claims to which the oil industrial concern is, or appears to be, entitled and all the property and effects of the concern shall be deemed to be in the custody of the Directors as from the date of the notified order; (c) the Directors appointed under section 10 shall for all purposes be the Directors of the oil industrial concern duly constituted under the Companies Act, 1956 (1 of 1956) and shall alone be entitled to exercise all the powers of the Directors of the concern, whether such powers are derived from the said Act or from the memorandum or articles of association of the concern or from any other source. **12. Powers and duties of the Directors.—(1) Subject to the control of the Board, the Directors** appointed under section 10 shall take such steps as may be necessary for the purpose of efficiently managing the business of the oil industrial concern and shall exercise such powers and perform such duties as may be prescribed. (2) Without prejudice to the generality of the powers vested in them under sub-section (1), the Directors appointed under section 10 may, with the previous approval of the Board, make an application to a court 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 10, between the oil 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 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 accordingly stand cancelled or, as the case may be, have effect as so varied. **13. No right to compensation for loss of office.—(1) Notwithstanding anything contained in any** law for the time being in force, no Director or other person in charge of the management of an oil industrial concern immediately before the issue of a notified order under section 10 in respect of such concern shall be entitled to any compensation for the loss of office or for the premature termination under this Act of the contract entitling him to be in charge of such management. (2) Nothing contained in sub-section (1) shall affect the right of any Director or other person referred to therein to recover from the oil industrial concern moneys recoverable otherwise than by way of such compensation. **14. Application of Act 1 of 1956.—(1) Where the management of an oil industrial concern, being a** company as defined in the Companies Act, 1956, is taken over by the Board, 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 such concern; (b) no resolution passed at any meeting of the shareholders of such concern shall be given effect to unless approved by the Board; (c) no proceeding for the winding up of such concern or for the appointment of a receiver in respect thereof shall lie in any court, except with the consent of the Board. (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 concern in the same manner as it applied thereto before the issue of the notified order under section 10. 9 ----- CHAPTER III FINANCE, ACCOUNTS AND AUDIT **15. Duties of excise.—(1) There shall be levied and collected, as a cess for the purposes of this Act,** on every item specified in column 2 of the Schedule, which is produced in India (including the continental shelf thereof) and— (a) removed to a refinery or factory; or (b) transferred by the person by whom such item is produced to another person, a duty of excise at such rate not exceeding the rate set forth in the corresponding entry in column 3 of the Schedule, as the Central Government may, by notification in the Official Gazette, specify: Provided that until the Central Government specifies by such notification the rate of the duty of excise in respect of crude oil (being an item specified in the Schedule) the duty of excise on crude oil under this sub-section shall be levied and collected at the rate of rupees sixty per tonne. (2) Every duty of excise leviable under sub-section (1) on any item shall be payable by the person by whom such item is produced, and in the case of crude oil, the duty of excise shall be collected on the quantity received in a refinery. (3) The duties of excise under sub-section (1) on the items specified in the Schedule shall be in addition to any cess or duty leviable on those items under any other law for the time being in force. (4) The provisions of the Central Excises and Salt Act, 1944 (1 of 1944) and the rules made thereunder, including those relating to refunds and exemptions from duties shall, as far as may be, apply in relation to the levy and collection of duties of excise leviable under this section and for this purpose the provisions of that Act shall have effect as if that Act provided for the levy of duties of excise on all items specified in the Schedule. **16. Crediting of proceeds of duty to Consolidated Fund of India.—The proceeds of the duties of** excise levied under section 15 shall first be credited to the Consolidated Fund of India and the Central Government may, if Parliament by appropriation made by law in this behalf, so provides, pay to the Board from time to time, from out of such proceeds, after deducting the expenses of collection, such sums of money as it may think fit for being utilised exclusively for the purposes of this Act. **17. Grants and loans by the Central Government.—The Central Government may also, after due** appropriation made by Parliament by law in this behalf, pay to the Board by way of grants or loans such sums of money as the Central Government may consider necessary. **18. Oil Industry Development Fund.—(1) There shall be formed a Fund to be called the Oil** Industry Development Fund and there shall be credited thereto— (a) any sums of money paid under section 16 or section 17; (b) any grants that may be made by any person or institution for the purposes of this Act; (c) any borrowings by the Board; (d) the sums, if any, realised by the Board in carrying out its functions or in the administration of this Act. (2) The Fund shall be applied— (a) for meeting the salaries, allowances, honoraria and other remuneration of the officers and other employees of the Board and of the advisers, consultants or other agencies whose services are availed of by the Board; (b) for meeting the other administrative expenses of the Board; (c) for rendering assistance under section 6; (d) for repayment of any loans taken by the Board or for meeting other liabilities under this Act. 10 ----- 1[(e) for meeting any expenditure incurred by any Central Public Sector Undertaking in the oil and gas sector, on behalf of the Central Government; (f) for meeting expenditure on any scheme or activity by the Central Government relating to oil and gas sector.] **19. Power to borrow.—Subject to such rules as may be made in this behalf, the Board shall have the** power to borrow on the security of the Oil Industry Development Fund or any other asset for carrying out the purposes of this Act. **20. 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 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 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 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 IV CONTROL BY THE CENTRAL GOVERNMENT **21. Power to require persons engaged in oil industry to maintain and produce books, accounts** **and records relating to business and inspection thereof.—The Central Government may, by order** notified in the Official Gazette, require all persons engaged in oil industry or any class of such persons— (a) to maintain such books, accounts and records relating to their business as may be specified in the order; (b) to produce such books, accounts and records for inspection and to furnish such information relating thereto to such officer or authority and at such times or in such circumstances as may be specified in the order. **22. Directions by the Central Government.—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. **22A. [Exemption from liability to pay income-tax.] Omitted by the Finance Act, 2002 (20 of 2002),** _s. 159 (w.e.f. 11-5-2002)._ CHAPTER V MISCELLANEOUS **23. Penalties.—Any person who,—** (a) being required under this Act to produce any books, accounts or records or furnish any information, fails to produce such books, accounts or records or fails to furnish such information or furnishes information which is false, and which he either knows or believes to be false, or does not believe to be true; or 1. Ins. by Act 7 of 2017, s. 140 (w.e.f. 1-4-2017). 11 ----- (b) obstructs any member or any officer or other employee of the Board or any person authorized in this behalf by the Central Government or by the Board in the exercise of any power conferred or in the discharge of any duty imposed on him by or under this Act, shall be punishable with imprisonment which may extend to one year, or with fine which may extend to five thousand rupees, or with both. **24. Other penalties.—Whoever contravenes or attempts to contravene or abets the contravention of** any of the provisions of this Act or of any rule made thereunder (other than the provisions for the contravention of which section 23 applies), 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. **25. Offences by companies.—(1) Where an offence under this Act has been committed by a** company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment, 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 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. **26. Jurisdiction of courts.—No court inferior to that of a Metropolitan Magistrate or a Magistrate of** the first class shall try any offence punishable under this Act. **27. Previous sanction of Central Government.—No prosecution for any offence punishable under** this Act shall be instituted except with the previous sanction of the Central Government. **28. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall** lie against the Central Government or the Board or any committee constituted by the Board or any member of the Board or of such committee or any officer or other employee of the Central Government or of the Board or any agent of or any other person authorised by the Central Government or the Board, for anything which is in good faith done or intended to be done under this Act or the rules made thereunder. **29. Dissolution of the Board.—(1) The Central Government may, if satisfied that it is necessary so** to do in the public interest, direct by notification in the Official Gazette 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),— (a) all members, notwithstanding that their term of office has not expired, 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 properties vested in the Board shall, during the period of dissolution, vest in the Central Government. 12 ----- (3) As soon as the period of dissolution expires, the Board shall be re-constituted in accordance with the provisions of this Act. **30. Act to have overriding effect.—The provisions of this Act shall have effect, notwithstanding** anything inconsistent therewith contained in any enactment other than this Act. **31. 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 other conditions of service of members, the manner of filling vacancies among and the procedure to be followed in the discharge of their functions; (b) the powers which may be exercised and the duties which shall be performed by the Secretary to the Board; (c) the circumstances in which and the authority by which a member may be removed; (d) the holding of minimum number of meetings of the Board every year; (e) the convening of meetings of the Board and of its committees, the procedure to be followed at the meetings of the Board and of its committees for the conduct of business and the number of members which shall form quorum at a meeting; (f) the maintenance by the Board of records of business transacted by the Board and the submission of copies thereof to the Central Government; (g) the powers of the Board, its Chairman and other members, Secretary and committees of the Board with respect to the incurring of expenditure; (h) the conditions subject to which the Board may incur expenditure outside India; (i) the preparation of budget estimates of receipts and expenditure of the Board and the authority by which the estimates are to be sanctioned; (j) the form and manner in which the accounts should be kept by the Board; (k) the custody and investment of the funds of the Board; (l) the conditions to be observed by the Board in borrowing money; (m) the conditions subject to which and the manner in which contracts may be entered into by or on behalf of the Board; (n) the delegation to the Chairman, Secretary or members or officers of the Board of any of the powers and duties of the Board under this Act; (o) the additional measures for the promotion of which the Board may render assistance; (p) the remuneration and other allowances payable to the person or persons referred to in clause (b) of sub-section (2) of section 29; (q) the fees which the Board may charge for any assistance or services rendered by it under this Act; (r) the staff which may be employed by the Board and the pay and allowances and leave and other conditions of service of officers (other than those appointed by the Central Government) and other employees of the Board; (s) any other matter which is to be or may be prescribed or provided for by rules under this Act. (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 before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in 13 ----- 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. 14 ----- THE SCHEDULE [See section 15 (1)] Sl. No. Name of item The maximum rate at which duty of excise may be collected 1. 2 3 1. Crude oil . . . . . . . 1[Rupees two thousand five hundred per tonne.] 2. Natural gas . . . . . . . 2[Rupees three hundred per thousand cubic maters.] 1. Subs. by Act 21 of 2006, s. 73, for “Rupees two thousand per tonne” (w.e.f. 18-4-2006). 2. Subs. by Act 11 of 1987, s. 106, for “Rupees fifty per thousand cubic metres” (w.e.f. 12-5-1987). 15 -----

13-Dec-1974

52

The Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974

https://www.indiacode.nic.in/bitstream/123456789/1618/2/A1974-52.pdf

central

# THE CONSERVATION OF FOREIGN EXCHANGE AND PREVENTION OF SMUGGLING ACTIVITIES ACT, 1974 _________ ARRANGEMENT OF SECTIONS __________ SECTIONS 1. Short title, extent and commencement. 2. Definitions. 3. Power to make orders detaining certain persons. 4. Execution of detention orders. 5. Power to regulate place and conditions of detention. 5A. Grounds of detention severable. 6. Detention orders not to be invalid or inoperative on certain grounds. 7. Powers in relation to absconding persons. 8. Advisory Boards. 9. Cases in which and circumstances under which persons may be detained for periods longer than three months without obtaining the opinion of Advisory Board. 10. Maximum period of detention. 10A. Extension of period of detention. 11.Revocation of detention orders. 12.Temporary release of persons detained. 12A. Special provisions for dealing with emergency. 13.Protection of action taken in good faith. 14.Repeal. 1 ----- # THE CONSERVATION OF FOREIGN EXCHANGE AND PREVENTION OF SMUGGLING ACTIVITIES ACT, 1974 ACT NO. 52 OF 1974 [13th December, 1974.] # An Act to provide for preventive detention in certain cases for the purposes of conservation and augmentation of Foreign Exchange and prevention of smuggling activities and for matters connected therewith. WHEREAS violations of foreign exchange regulations and smuggling activities are having an increasingly deleterious effect on the national economy and thereby a serious adverse effect on the security of the State; AND WHEREAS having regard to the persons by whom and the manner in which such activities or violations are organised and carried on, and having regard to the fact that in certain areas which are highly vulnerable to smuggling, smuggling activities of a considerable magnitude are clandestinely organised and carried on, it is necessary for the effective prevention of such activities and violations to provide for detention of persons concerned in any manner therewith; BE it enacted by Parliament in the Twenty-fifth Year of the Republic of India as follows:— **1. Short title, extent and commencement.—(1) This Act may be called the Conservation of Foreign** Exchange and Prevention of Smuggling Activities Act, 1974. (2) It extends to the whole of India. (3) It shall come into force on such date[1](being a date not later than the twentieth day of December, 1974), 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, as respects a detention order made by the Central Government or by an officer of the Central Government or a person detained under such order, the Central Government, and as respects a detention order made by a State Government or by an officer of a State Government or a person detained under such order, the State Government; (b) “detention order” means an order made under section 3; (c) “foreigner” has the same meaning as in the Foreigners Act, 1946 (31 of 1946); (d) “Indian customs waters” has the same meaning as in clause (28) of section 2 of the Customs Act, 1962; (e) “smuggling” has the same meaning as in clause (39) of section 2 of the Customs Act, 1962 (52 of 1962), and all its grammatical variations and cognate expressions shall be construed accordingly; (f) “State Government”, in relation to a Union territory, means the administrator thereof; (g) any reference in this Act 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. **3. Power to make orders detaining certain persons.—(1) The Central Government or the State** Government or any officer of the Central Government, not below the rank of a Joint Secretary to that 1. 19th December, 1974, vide notification No. G.S.R. 690(E), dated 16th December, 1974, see Gazette of India, Extraordinary, Part II, sec. 3 (i). 2 ----- Government, specially empowered for the purposes of this section by that Government, or any officer of a State Government, not below the rank of a Secretary to that Government, specially empowered for the purposes of this section by that Government, may, if satisfied, with respect to any person (including a foreigner), that, with a view to preventing him from acting in any manner prejudicial to the conservation or augmentation of foreign exchange or with a view to preventing him from— (i) smuggling goods, or (ii) abetting the smuggling of goods, or (iii) engaging in transporting or concealing or keeping smuggled goods, or (iv) dealing in smuggled goods otherwise than by engaging in transporting or concealing or keeping smuggled goods, or (v) harbouring persons engaged in smuggling goods or in abetting the smuggling of goods, it is necessary so to do, make an order directing that such person be detained. 1[Provided that no order of detention shall be made on any of the grounds specified in this sub-section on which an order of detention may be made under section 3 of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 or under section 3 of the Jammu and Kashmir Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Ordinance, 1988 (J & K Ordinance 1 of 1988).] (2) When any order of detention is made by a State Government or by an officer empowered by a State Government, the State Government shall, within ten days, forward to the Central Government a report in respect of the order. (3) For the purposes of clause (5) of article 22 of the Constitution, the communication to a person detained in pursuance of a detention order of the grounds on which the order has been made shall be made as soon as may be after the detention, but ordinarily not later than five days, and in exceptional circumstances and for reasons to be recorded in writing, not later than fifteen days, from the date of detention. **4.Execution of detention orders.—A detention order may be executed at any place in India in the** manner provided for the execution of warrants of arrest under the Code of Criminal Procedure, 1973 (2 of 1974). **5. Power to regulate place and conditions of detention.—Every person in respect of whom a** detention order has been made shall be liable— (a) to be detained in such place and under such conditions including conditions as to maintenance, interviews or communication with others, discipline and punishment for breaches of discipline, as the appropriate Government may, by general or special order, specify; and (b) to be removed from one place of detention to another place of detention, whether within the same State or in another State by order of the appropriate Government: Provided that no order shall be made by a State Government under clause (b) for the removal of a person from one State to another State except with the consent of the Government of that other State. 1. The proviso ins. by Act 46 of 1988, s. 15 (w.e.f. 4-7-1988). 3 ----- **1[5A. Grounds of detention severable.—Where a person has been detained in pursuance of an order** of detention under sub-section (1) of section 3 which has been made on two or more grounds, such order of detention shall be deemed to have been made separately on each of such grounds and accordingly— (a) such order shall not be deemed to be invalid or inoperative merely because one or some of the grounds is or are— (i) vague, (ii) non-existent, (iii) not relevant, (iv) not connected or not proximately connected with such person, or (v) invalid for any other reason whatsoever, and it is not, therefore, possible to hold that the Government or officer making such order would have been satisfied as provided in sub-section (1) of section 3 with reference to the remaining ground or grounds and made the order of detention; (b) the Government or officer making the order of detention shall be deemed to have made the order of detention under the said sub-section (1) after being satisfied as provided in that sub-section with reference to the remaining ground or grounds.] **6. Detention orders not to be invalid or inoperative on certain grounds.—No detention order shall** be invalid or inoperative merely by reason— (a) that the person to be detained thereunder is outside the limits of the territorial jurisdiction of the Government or the officer making the order of detention, or (b) that the place of detention of such person is outside the said limits. **7. Powers in relation to absconding persons.—(1) If the appropriate Government has reason to** believe that a person in respect of whom a detention order has been made has absconded or is concealing himself so that the order cannot be executed, that Government may— (a) make a report in writing of the fact to a Metropolitan Magistrate or a Magistrate of the first class having jurisdiction in the place where the said person ordinarily resides; and thereupon the provisions of sections 82, 83, 84 and 85 of the Code of Criminal Procedure, 1973 (2 of 1974), shall apply in respect of the said person and his property as if the order directing that he be detained were a warrant issued by the Magistrate; (b) by order notified in the Official Gazette direct the said person to appear before such officer, at such place and within such period as may be specified in the order; and if the said person fails to comply with such direction, he shall, unless he proves that it was not possible for him to comply therewith and that he had, within the period specified in the order, informed the officer mentioned in the order of the reason which rendered compliance therewith impossible and of his whereabouts, be punishable with imprisonment for a term which may extend to one year or with fine or with both. (2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), every offence under clause (b) of sub-section (1) shall be cognisable. 1. Ins. by Act 35 of 1975, s. 2 (w.e.f. 1-7-1975). 4 ----- **8. Advisory Boards.—For the purposes of sub-clause (a) of clause (4), and sub-clause (c) of** clause (7), of article 22 of the Constitution,— (a) the Central Government and each State Government shall, whenever necessary, constitute one or more Advisory Boards each of which shall consist of a Chairman and two other persons possessing the qualifications specified in sub-clause (a) of clause (4) of article 22 of the Constitution; (b) save as otherwise provided in section 9, the appropriate Government shall, within five weeks from the date of detention of a person under a detention order make a reference in respect thereof to the Advisory Board constituted under clause (a) to enable the Advisory Board to make the report under sub-clause (a) of clause (4) of article 22 of the Constitution; (c) the Advisory Board to which a reference is made under clause (b) shall after considering the reference and the materials placed before it and after calling for such further information as it may deem necessary from the appropriate Government or from any person called for the purpose through the appropriate Government or from the person concerned, and if, in any particular case, it considers it essential so to do or if the person concerned desires to be heard in person, after hearing him in person, prepare its report specifying in a separate paragraph thereof its opinion as to whether or not there is sufficient cause for the detention of the person concerned and submit the same within eleven weeks from the date of detention of the person concerned; (d) when there is a difference of opinion among the members forming the Advisory Board, the opinion of the majority of such members shall be deemed to be the opinion of the Board; (e) a person against whom an order of detention has been made under this Act shall not be entitled to appear by any legal practitioner in any matter connected with the reference to the Advisory Board, and the proceedings of the Advisory Board and its report, excepting that part of the report in which the opinion of the Advisory Board is specified, shall be confidential; (f) in every case where the Advisory Board has reported that there is in its opinion sufficient cause for the detention of a person, the appropriate Government may confirm the detention order and continue the detention of the person concerned for such period as it thinks fit and in every case where the Advisory Board has reported that there is in its opinion no sufficient cause for the detention of the person concerned, the appropriate Government shall revoke the detention order and cause the person to be released forthwith. **1[9. Cases in which and circumstances under which persons may be detained for periods longer** **than three months without obtaining the opinion of Advisory Board.—(1) Notwithstanding anything** contained in this Act, any person (including a foreigner) in respect of whom an order of detention is made under this Act at any time before the [2][31st day of July, 1999], may be detained without obtaining, in accordance with the provisions of sub-clause (a) of clause (4) of article 22 of the Constitution, the opinion of an Advisory Board for a period longer than three months but not exceeding six months from the date of his detention, where the order of detention has been made against such person with a view to preventing him from smuggling goods or abetting the smuggling of goods or engaging in transporting or concealing or keeping smuggled goods and the Central Government or any officer of the Central Government, not below the rank of an Additional Secretary to that Government, specially empowered for the purposes of this section by that Government, is satisfied that such person— (a) smuggles or is likely to smuggle goods into, out of or through any area highly vulnerable to smuggling; or (b) abets or is likely to abet the smuggling of goods into, out of or through any area highly vulnerable to smuggling; or 1. Subs. by Act 58 of 1984, s. 2, for section 9 (w.e.f. 13-7-1984). 2. Subs. by Act 15 of 1996, s. 2, for “31st day of July, 1996” (w.e.f. 31-7-1996). 5 ----- (c) engages or is likely to engage in transporting or concealing or keeping smuggled goods in any area highly vulnerable to smuggling, and makes a declaration to that effect within five weeks of the detention of such person. _Explanation1.—In this sub-section, “area highly vulnerable to smuggling” means—_ (i) The Indian customs waters contiguous to [1][The States of Goa, Gujarat, Karnataka, Kerala, Maharashtra and Tamil Nadu and the Union territories of Daman and Diu and Pondicherry]; (ii) The inland area fifty kilometres in width from the coast of India falling within the territories of [1][the States of Goa, Gujarat, Karnataka, Kerala, Maharashtra and Tamil Nadu and the Union territories of Daman and Diu and Pondicherry]; (iii) the inland area fifty kilometres in width from the India-Pakistan border in the States of Gujarat, Jammu and Kashmir, Punjab and Rajasthan; (iv) the customs airport of Delhi; and (v) such further or other Indian customs waters, or inland area not exceeding one hundred kilometres in width from any other coast or border of India, or such other customs station, as the Central Government may, having regard to the vulnerability of such waters, area or customs station, as the case may be, to smuggling, by notification in the Official Gazette, specify in this behalf. _Explanation 2.—For the purposes of_ _Explanation 1, “customs airport” and “customs station” shall_ have the same meaning as in clauses (10) and (13) of section 2 of the Customs Act, 1962 (52 of 1962), respectively. (2) In the case of any person detained under a detention order to which the provisions of sub-section (1) apply, section 8 shall have effect subject to the following modifications, namely:— (i) in clause (b), for the words “shall, within five weeks”, the words “shall, within four months and two weeks” shall be substituted; (ii) in clause (c),— (1) for the words “the detention of the person concerned”, the words “the continued detention of the person concerned” shall be substituted; (2) for the words “eleven weeks”, the words “five months and three weeks” shall be substituted; (iii) in clause (f), for the words “for the detention”, at both the places where they occur, the words “for the continued detention” shall be substituted.] **10. Maximum period of detention.—The maximum period for which any person may be detained in** pursuance of any detention order to which the provisions of section 9 do not apply and which has been confirmed under clause (f) of section 8 shall be [2][a period of one year from the date of detention or the specified period, whichever period expires later] and the maximum period for which any person may be detained in pursuance of any detention order to which the provisions of section 9 apply and which has been confirmed under clause (f) of section 8 read with sub-section (2) of section 9 shall be [3][a period of two years from the date of detention or the specified period, whichever period expires later]: Provided that nothing contained in this section shall affect the power of the appropriate Government in either case to revoke or modify the detention order at any earlier time. 1. Subs. by Act 23 of 1987, s. 2, for certain words (w.e.f. 2-7-1987). 2. Subs. by Act 20 of 1976, s. 3, for “one year from the date of detention” (w.e.f. 12-12-1975). 3. Subs. by s. 3, ibid., for “two years from the date of detention” (w.e.f. 12-12-1975). 6 ----- 1[Explanation.—In this section and in section 10A, “specified period” means the period during which the Proclamation of Emergency issued under clause (1) of article 352 of the Constitution on the 3rd day of December, 1971 and the Proclamation of Emergency issued under that clause on the 25th day of June, 1975, are both in operation.] 2[10A. Extension of period of detention.—(1) Notwithstanding anything contained in any other provision of this Act, the detention of every person detained under a detention order which has been confirmed under clause (f) of section 8 before the commencement of the Conservation of Foreign Exchange and Prevention of Smuggling Activities (Amendment) Act, 1976, and which is in force immediately before such commencement shall, unless his detention has been continued by the appropriate Government under the said clause for a period shorter than one year from the date of his detention, continue until the expiry of a period of one year from the date of his detention under such order or until the expiry of the specified period, whichever period expires later: Provided that nothing contained in this sub-section shall affect the power of the appropriate Government to revoke or modify such detention order at any earlier time. (2) Notwithstanding anything contained in any other provision of this Act, the detention of every person detained under a detention order which has been confirmed under clause (f) of section 8 read with sub-section (2) of section 9 before the commencement of the Conservation of Foreign Exchange and Prevention of Smuggling Activities (Amendment) Act, 1976, and which is in force immediately before such commencement, shall, unless his detention has been continued by the appropriate Government under the said clause (f) read with the said sub-section (2), for a period shorter than two years from the date of his detention, continue until the expiry of a period of two years from the date of his detention under such order or until the expiry of the specified period, whichever period expires later: Provided that nothing contained in this sub-section shall affect the power of the appropriate Government to revoke or modify such detention order at any earlier time.] **11. Revocation of detention orders.—(1) Without prejudice to the provisions of section 21 of the** General Clauses Act, 1897 (10 of 1897), a detention order may, at any time, be revoked or modified— (a) notwithstanding that the order has been made by an officer of a State Government, by that State Government or by the Central Government; (b) notwithstanding that the order has been made by an officer of the Central Government or by a State Government, by the Central Government. (2) The revocation of a detention order shall not bar the making of another detention order under section 3 against the same person. **12. Temporary release of persons detained.—[3][(1) The Central Government may, at any time,** direct that any person detained in pursuance of a detention order made by that Government or an officer subordinate to that Government or by a State Government or by an officer subordinate to a State Government, may be released for any specified period either without conditions or upon such conditions specified in the direction as that person accepts, and may, at any time, cancel his release. (1A) A State Government may, at any time, direct that any person detained in pursuance of a detention order made by that Government or by an officer subordinate to that Government may be released for any specified period either without conditions or upon such conditions specified in the direction as that person accepts, and may, at any time, cancel his release.] 1. Ins. by Act 20 of 1976, s. 3 (w.e.f. 12-12-1975). 2. Ins. by s. 3, ibid. (w.e.f. 12-12-1975). 3. Subs. by s. 4, ibid.,for sub-section (1) (w.e.f. 12-12-1975). 7 ----- (2) In directing the release of any person [1][under sub-section (1) or sub-section (1A), the Government directing the release] may require him to enter into a bond with sureties for the due observance of the conditions specified in the direction. (3) Any person released under [2][sub-section (1) or sub-section (1A)] shall surrender himself at the time and place, and to the authority, specified in the order directing his release or cancelling his release, as the case may be. (4) If any person fails without sufficient cause to surrender himself in the manner specified in sub-section (3), he shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both. (5) If any person released under [2][sub-section (1) or sub-section (1A)] fails to fulfil any of the conditions imposed upon him under the said sub-section or in the bond entered into by him, the bond shall be declared to be forfeited and any person bound thereby shall be liable to pay the penalty thereof. 3[(6) Notwithstanding anything contained in any other law and save as otherwise provided in this section, no person against whom a detention order made under this Act is in force shall be released whether on bail or bail bond or otherwise.] 4[12A. Special provisions for dealing with emergency.—(1) notwithstanding anything contained in this Act or any rules of natural justice, the provisions of this section shall have effect during the period of operation of the Proclamation of Emergency issued under clause (1) of article 352 of the Constitution on the 3rd day of December, 1971, or the Proclamation of Emergency issued under that clause on the 25th day of June, 1975, or a period of [5][twenty-four months] from the 25th day of June, 1975, whichever period is the shortest. (2) When making an order of detention under this Act against any person after the commencement of the Conservation of Foreign Exchange and Prevention of Smuggling Activities (Amendment) Act, 1975 (35 of 1975), the Central Government or the State Government or, as the case may be, the officer making the order of detention shall consider whether the detention of such person under this Act is necessary for dealing effectively with the emergency in respect of which the Proclamations referred to in sub-section (1) have been issued (hereafter in this section referred to as the emergency) and if, on such consideration, the Central Government or the State Government or, as the case may be, the officer is satisfied that it is necessary to detain such person for effectively dealing with the emergency, that Government or officer may make a declaration to that effect and communicate a copy of the declaration to the person concerned; Provided that where such declaration is made by an officer, it shall be reviewed by the appropriate Government within fifteen days from the date of making of the declaration and such declaration shall cease to have effect unless it is confirmed by that Government, after such review, within the said period of fifteen days. (3) The question whether the detention of any person in respect of whom a declaration has been made under sub-section (2) continues to be necessary for effectively dealing with the emergency shall be reconsidered by the appropriate Government within four months from the date of such declaration and thereafter at intervals not exceeding four months, and if, on such reconsideration, it appears to the appropriate Government that the detention of the person is no longer necessary for effectively dealing with the emergency, the Government may revoke the declaration. 1. Subs. by Act 20 of 1976, s. 4, for “under sub-section (1), the appropriate Government” (w.e.f. 12-12-1975). 2. Subs. by s. 4, ibid., for “sub-section (1)” (w.e.f. 12-12-1975). 3. Ins. by Act 35 of 1975, s. 3 (w.e.f. 1-7-1975). 4. Ins. by s. 4, ibid. (w.e.f. 1-7-1975). 5. Subs. by Act 90 of 1976, s. 2, for “twelve months” (w.e.f. 16-6-1976). 8 ----- (4) In making any consideration, review or reconsideration under sub-section (2) or (3), the appropriate Government or officer may, if such Government or officer considers it to be against the public interest to do otherwise, act on the basis of the information and materials in its or his possession without disclosing the facts or giving an opportunity of making a representation to the person concerned. (5) It shall not be necessary to disclose to any person detained under a detention order to which the provisions of sub-section (2) apply, the grounds on which the order has been made during the period the declaration made in respect of such person under that sub section is in force, and, accordingly, such period shall not be taken into account for the purposes of sub-section (3) of section 3. (6) In the case of every person detained under a detention order to which the provisions of sub-section (2) apply, being a person in respect of whom a declaration has been made thereunder, the period during which such declaration is in force shall not be taken into account for the purpose of computing— (i) The periods specified in clauses (b) and (c) of section 8; (ii) The periods of “one year” and “five weeks” specified in sub-section (1), the period of “one year” specified in sub-section (2)(i), and the period of “six months” specified in sub-section (3) of section 9.] **13. Protection of action taken in good faith.—No suit or other legal proceeding shall lie against the** Central Government or a State Government, and no suit, prosecution or other legal proceedings shall lie against any person, for anything in good faith done or intended to be done in pursuance of this Act. **14. Repeal.—The Maintenance of Internal Security (Amendment) Ordinance, 1974 (11 of 1974),** shall, on the commencement of this Act, stand repealed and accordingly the amendments made in the Maintenance of Internal Security Act, 1971 (20 of 1971), by the said Ordinance shall, on such commencement, cease to have effect. 9 -----

20-Dec-1974

54

The East Punjab Urban Rent Restriction Act (Extension to Chandigarh) Act, 1974

https://www.indiacode.nic.in/bitstream/123456789/1610/2/A1974-54.pdf

central

# THE EAST PUNJAB URBAN RENT RESTRICTION ACT (EXTENSION TO CHANDIGARH) ACT, 1974 __________ # ARRANGEMENT OF SECTIONS __________ SECTIONS 1. Short title. 2. Definition. 3. Extension of East Punjab Act III of 1949 to Chandigarh. 4. Validation and saving. THE SCHEDULE. ----- # THE EAST PUNJAB URBAN RENT RESTRICTION ACT (EXTENSION TO CHANDIGARH) ACT, 1974 # ACT NO. 54 OF 1974 [20th December, 1974.] # An Act to extend the East Punjab Urban Rent Restriction Act, 1949, to the Union territory of Chandigarh. BE it enacted by Parliament in the Twenty-fifth Year of the Republic of India as follows:— **1. Short title.—This Act may be called the East Punjab Urban Rent Restriction Act (Extension to** Chandigarh) Act, 1974. **2. Definition.—In this Act, “the Act” means the East Punjab Urban Rent Restriction Act, 1949 (East** Punjab Act III of 1949) as it extended to, and was in force in, certain areas in the pre-reorganisation State of Punjab (being areas which were administered by municipal committees, cantonment boards, town committees or notified area committees or areas notified as urban areas for the purposes of that Act) immediately before the 1st day of November, 1966. **3. Extension of East Punjab Act III of 1949 to Chandigarh.—Notwithstanding anything contained** in any judgment, decree or order of any court, the Act shall, subject to the modifications specified in the Schedule, be in force in, and be deemed to have been in force with effect from the 4th day of November, 1972 in, the Union territory of Chandigarh as if the provisions of the Act as so modified had been included in and formed part of this section and as if this section had been in force at all material times. **4. Validation and saving.—(1) Notwithstanding anything contained in any judgment, decree or order** of any court, anything done or any action taken (including any notification or direction issued or rents fixed or permission granted or order made) or purported to have been done or taken under the Act shall be deemed to be as valid and effective as if the provisions of this Act had been in force at all material times when such thing was done or such action was taken. (2) Nothing in this Act shall render any person guilty of any offence for any contravention of the provisions of the Act which occurred before the commencement of this Act. ----- THE SCHEDULE (See section 3) MODIFICATIONS IN THE ACT 1. Throughout the Act, for “State Government”, substitute “Central Government”. 2. Section 1, for sub-sections (2) and (3), substitute— “(2) It extends to all the urban areas in the Union territory of Chandigarh.”. 3. Section 2,— (i) after clause (d), insert— „(dd) “notification” means a notification published in the Official Gazette;‟; (ii) for clause (j), substitute— „(j) “urban area” means the area comprised in Chandigarh as defined in clause (d) of section 2 of the Capital of Punjab (Development and Regulation) Act, 1952 (Punjab Act XXVII of 1952) and includes such other area comprised in the Union territory of Chandigarh as the Central Government may, having regard to the density of the population and the nature and extent of the accommodation available therein and other relevant factors, declare by notification to be urban for the purposes of this Act.‟. 4. For section 20, substitute— “20. Power to make rules.—(1) The Central Government may, by notification, make rules for the purpose of carrying out all or any of the provisions of this Act. (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.”. -----

21-Dec-1974

57

The Sick Textile Undertakings (Nationalisation) Act, 1974

https://www.indiacode.nic.in/bitstream/123456789/1607/1/197457.pdf

central

# THE SICK TEXTILE UNDERTAKINGS (NATIONALISATION) ACT, 1974 _______ ARRANGEMENT OF SECTIONS ________ CHAPTER I PRELIMINARY SECTIONS 1. Short title and commencement. 2. Definitions. CHAPTER II ACQUISITION OF THE RIGHTS OF OWNERS OF SICK TEXTILE UNDERTAKINGS 3. Acquisition of rights of owners in respect of sick textile undertakings. 4. General effect of vesting. 5. Owner to be liable for certain prior liabilities. 6. National Textile Corporation to form subsidiary corporations. 7. Shares to be issued by the National Textile Corporation for the value of the assets transferred to it by the Central Government. CHAPTER III PAYMENT OF AMOUNT 8. Payment of amount to owners of sick textile undertakings. 9. Payment of further amount. 10. Accounts to be rendered by the owners of sick textile undertakings. CHAPTER IV MANAGEMENT, ETC., OF SICK TEXTILE UNDERTAKINGS 11. Management, etc., of sick textile undertakings. 11A. Special provision for disposal of assets of the sick textile undertakings in certain circumstances. 12. Duty of persons in charge of management of sick textile undertakings to deliver all assets, etc. 13. Accounts. CHAPTER V PROVISIONS RELATING TO EMPLOYEES OF SICK TEXTILE UNDERTAKINGS 14. Employment of certain employees to continue. 15. Provident and other funds. 16. Transfer of employees to a Subsidiary Textile Corporation. CHAPTER VI COMMISSIONERS OF PAYMENTS 17. Appointment of Commissioners of Payments. 18. Payment by the Central Government to the Commissioner. 19. Certain powers of the National Textile Corporation. 20. Claims to be made to the Commissioner. 1 ----- 21. Priority of claims. 22. Examination of claims. 23. Admission or rejection of claims. 24. Disbursement of money by the Commissioner to claimants. 25. Disbursement of amounts to the owners of sick textile undertakings. 26. Undisbursed or unclaimed amounts to be deposited to the general revenue account. CHAPTER VII MISCELLANEOUS 27. Assumption of liability. 28. Management to continue to vest in the Custodian until alternative arrangements are made. 29. Act to override all other enactments. 30. Contracts to cease to have effect unless ratified by National Textile Corporation. 31. Transfer of assets, etc., to be void in certain cases. 32. Penalties. 33. Offences by companies. 34. Protection of action taken in good faith. 35. Textile companies not to be wound up by the court. 36. Delegation of powers. 37. Power to make rules. 38. Power to remove difficulties. 39. Declaration as to the policy of the State. 40. Repeal and savings. 41. Validation. THE FIRST SCHEDULE. THE SECOND SCHEDULE. 2 ----- # ACT NO. 57 OF 1974 [21st December, 1974.] # An Act to provide for the acquisition and transfer of the sick textile undertakings, and the right, title and interest of the owners in respect of the sick textile undertakings, specified in the First Schedule with a view to re-organising and rehabilitating such sick textile undertakings so as to subserve the interests of the general public by the augmentation of the production and distribution, at fair prices, of different verieties of cloth and yarn, and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Twenty-fifth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title and commencement.—(1) This Act may be called the Sick Textile Undertakings** (Nationalisation) Act, 1974. (2) The provisions of sections 32 and 33 shall come into force at once and the remaining provisions of this Act shall be deemed to have come into force on the 1st day of April, 1974. **2. Definitions.—(1) In this Act, unless the context otherwise requires,—** (a) “appointed day” means the 1st day of April, 1974; (b) “bank” means— (i) the State Bank of India constituted under the State Bank of India Act, 1955 (23 of 1955); (ii) a subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959 (38 of 1959); (iii) a corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970); (iv) any other bank, being a scheduled bank as defined in clause (e) of section 2 of the Reserve Bank of India Act, 1934 (2 of 1934); (c) “Commissioner” means a Commissioner of Payments appointed under section 17; (d) “Custodian” means a Custodian appointed under section 5 of the Sick Textile Undertakings (Taking Over of Management) Act, 1972 (72 of 1972), and includes the person, or body of persons authorised by the Central Government to take over the management of a textile undertaking under the Industries (Development and Regulation) Act, 1951 (65 of 1951); (e) “National Textile Corporation” means the National Textile Corporation Limited, formed and registered under the Companies Act, 1956 (1 of 1956); (f) “notification” means a notification published in the Official Gazette; (g) “Ordinance” means the Sick Textile Undertakings (Nationalisation) Ordinance, 1974 (12 of 1974); (h) “owner”, when used in relation to a sick textile undertaking, means any person or firm who or which is, immediately before the appointed day, the immediate proprietor or lessee or occupier of the sick textile undertaking or any part thereof, and in the case of a textile company which is being wound up or the business whereof is being carried on by a liquidator or receiver, includes such liquidator or receiver, and also includes any agent or manager or such owner but does not include any person or body of persons authorised under the Industries (Development and Regulation) Act, 1951 (65 of 1951), or the Sick Textile Undertakings (Taking Over of Management) Act, 1972 (72 of 1972), to take over the management of the whole or any part of the sick textile undertaking; (i) “prescribed” means prescribed by rules made under this Act; 3 ----- management of which has, before the appointed day, been taken over by the Central Government under the Industries (Development and Regulation) Act, 1951 (65 of 1951), or as the case may be, vested in the Central Government under the Sick Textile Undertakings (Taking Over of Management) Act, 1972 (72 of 1972); (k) “specified date” means such date as the Central Government may, for the purpose of any provision of this Act, by notification, specify; and different dates may be specified for different provisions of this Act; (l) “Subsidiary Textile Corporation” means a Textile Corporation formed by the National Textile Corporation as its subsidiary; (m) “textile” includes yarn or fabrics made either wholly or partly of cotton, wool, jute, synthetic and artificial (man-made) fibres; (n) “textile company” means a company specified in column (3) of the First Schedule as owning the textile undertaking specified in the corresponding entry in column (2) of that Schedule; (o) “textile undertaking” means an undertaking engaged in the manufacture of textiles and to which the provisions of the Factories Act, 1948 (63 of 1948), apply. (2) Words and expressions used but not defined in this Act and defined in the Industries (Development and Regulation) Act, 1951 (65 of 1951), shall have the meanings respectively assigned to them in that Act. (3) Words and expressions used but not defined either in this Act or in the Industries (Development and Regulation) Act, 1951 (65 of 1951), but defined in the Companies Act, 1956 (1 of 1956), shall have the meanings respectively assigned to them in the Companies Act, 1956. CHAPTER II ACQUISITION OF THE RIGHTS OF OWNERS OF SICK TEXTILE UNDERTAKINGS **3. Acquisition of rights of owners in respect of sick textile undertakings.—(1) On the appointed** day, every sick textile undertaking and the right, title and interest of the owner in relation to every such sick textile undertaking shall stand transferred to, and shall vest absolutely in, the Central Government. (2) Every sick textile undertaking which stands vested in the Central Government by virtue of sub-section (1) shall, immediately after it has so vested, stand transferred to, and vested in, the National Textile Corporation. 1[(3) Notwithstanding the transfer and vesting of any sick textile undertaking to the National Textile Corporation by virtue of sub-section (2), the lease-hold rights of the sick textile undertakings shall continue to remain vested in the Central Government on payment of lease-hold rents and shall be discharged, for and on behalf of that Government, by the National Textile Corporation as and when payment of such lease-hold rents or any amount becomes due and payable. (4) Subject to sub-section (3), no court shall have jurisdiction to order divestment from the National Textile Corporation of the property vested in it by the Central Government.] **4. General effect of vesting.—(1) The sick textile undertaking referred to in section 3 shall be** deemed to include all assets, rights, lease-holds, powers, authorities and privileges and all property, movable and immovable, including lands, buildings, workshops, stores, instruments, machinery and equipment, cash balances, cash on hand, reserve funds, investments and book debts and all other rights and interests in, or arising out of, such property as were immediately before the appointed day in the ownership, possession, power or control of the owner of the sick textile undertaking, whether within or outside India, and all books of account, registers and all other documents of whatever nature relating thereto and shall also be deemed to include the liabilities and obligations specified in sub-section (2) of section 5. 1. Ins. by Act 36 of 2014, s. 2 (w.e.f. 17-12-2014). 4 ----- section 3 shall, by force of such vesting, be freed and discharged from any trust, obligation, mortgage, charge, lien and all other incumbrances affecting it, and any attachment, injunction or decree or order of any court restricting the use of such property in any manner shall be deemed to have been withdrawn. (3) Where any licence or other instrument in relation to a sick textile undertaking had been granted at any time before the date on which the Ordinance was promulgated, to an owner by the Central Government or a State Government or any other authority, the National Textile Corporation shall, on and from such date, be deemed to be substituted in such licence or other instrument in place of the owner referred to therein as if such licence or other instrument had been granted to it and shall hold such licence or the sick textile undertaking specified in such other instrument for the remainder of the period for which the owner would have held such licence or the sick textile undertaking under such other instrument. (4) Every mortgagee of any property which has vested under this Act in the Central Government and every person holding any charge, lien or other interest in or in relation to any such property shall give, within such time and in such manner as may be prescribed, an intimation to the Commissioner of such mortgage, charge, lien or other interest. (5) For the removal of doubts, it is hereby declared that the mortgagee of any property referred to in sub-section (2) or any other person holding any charge, lien or other interest in, or in relation to, any such property shall be entitled to claim, in accordance with his rights and interests, payment of the mortgage money or other dues, in whole or in part, out of the amount specified in relation to such property in the First Schedule, but no such mortgage, charge, lien or other interest shall be enforceable against any property which has vested in the Central Government. (6) If, on the appointed day, any suit, appeal or other proceeding of whatever nature in relation to any matter specified in sub-section (2) of section 5 in respect of the sick textile undertaking, instituted or preferred by or against the textile company, is pending, the same shall not abate, be discontinued or be, in any way, prejudicially affected by reason of the transfer of the sick textile undertaking or of anything contained in this Act but the suit, appeal or other proceeding may be continued, prosecuted and enforced by or against the National Textile Corporation. (7) Any person, who, on the date on which the Ordinance was promulgated, was in possession of, or had under his custody or control, the whole or any part of any sick textile undertaking referred to in section 3, the management of which could not be taken over by the Central Government by reason of any decree, order or injunction of any court or otherwise, shall deliver forthwith the possession of such undertaking or part and all books of account, registers and all other documents of whatever nature relating to such undertaking or part to the Central Government or the National Textile Corporation or such other person as the Central Government or the National Textile Corporation, as the case may be, may specify in this behalf. 1[(8) Notwithstanding the fact that the textile operations have been discontinued in any sick textile undertaking being revived, shall for all effects and purposes be deemed that the textile operations are being continued and no suit or proceeding shall be instituted or if instituted be maintainable against the National Textile Corporation on the ground that it has discontinued such activity in the sick textile undertaking. (9) For the removal of doubts, it is hereby declared that the continued deemed vesting of the lease-hold land in the Central Government shall not affect, impair or in any manner prejudice the rights of the National Textile Corporation to prosecute or defend any proceedings as a subsequent vestee in respect of any such lease-hold rights and no such proceedings shall fail only on account of the non-impleadment of that Government.] **5. Owner to be liable for certain prior liabilities.—(1) Every liability, other than the liability** specified in sub-section (2) of the owner of a sick textile undertaking, in respect of any period prior to the appointed day, shall be the liability of such owner and shall be enforceable against him and not against the Central Government or the National Textile Corporation. 1. Ins. by Act 36 of 2014, s. 3 (w.e.f. 17-12-2014). 5 ----- (a) loans advanced by the Central Government, or a State Government, or both, to a sick textile undertaking (together with interest due thereon) after the management of such undertaking had been taken over by the Central Government. (b) amounts advanced to a sick textile undertaking (after the management of such undertaking had been taken over by the Central Government), by the National Textile Corporation or by a State Textile Corporation, or by both, together with interest due thereon. (c) wages, salaries and other dues of employees of the sick textile undertaking, in respect of any period after the management of such undertaking had been taken over by the Central Government, shall, on and from the appointed day, be the liability of the Central Government and shall be discharged, for and on behalf of that Government, by the National Textile Corporation as and when repayment of such loans or amounts becomes due or as and when such wages, salaries or other dues become due and payable. (3) For the removal of doubts, it is hereby declared that,— (a) save as otherwise expressly provided in this section or in any other section of this Act, no liability, other than the liability specified in sub-section (2), in relation to a sick textile undertaking in respect of any period prior to the appointed day, shall be enforceable against the Central Government or the National Textile Corporation; (b) no award, decree or order of any court, tribunal or other authority in relation to any sick textile undertaking passed after the appointed day in respect of any matter, claim or dispute, in relation to any matter not referred to in sub-section (2), which arose before that day, shall be enforceable against the Central Government or the National Textile Corporation; (c) no liability of any sick textile undertaking or any owner thereof for the contravention, before the appointed day, of any provision of law for the time being in force, shall be enforceable against the Central Government or the National Textile Corporation. _Explanation.—In this section, “State Textile Corporation” means a corporation, formed and_ registered under the Companies Act, 1956 (1 of 1956), in a State, which is in charge of the management of a sick textile undertaking either as a person authorised under the Industries (Development and Regulation) Act, 1951 (65 of 1951), or as the Custodian under the Sick Textile Undertakings (Taking Over of Management) Act, 1972 (72 of 1972) and includes the West Bengal State Textile Corporation Limited which has advanced amounts to sick textile undertakings in the State. **6. National Textile Corporation to form subsidiary corporations.—(1) The National Textile** Corporation may, if it considers it necessary so to do, form subsidiary corporations under the Companies Act, 1956 (1 of 1956), and register them under that Act. (2) The National Textile Corporation may, by order in writing, transfer any sick textile undertaking or part thereof to a Subsidiary Textile Corporation and any such transfer shall be subject to such terms and conditions as may be specified in the said order. (3) The Subsidiary Textile Corporation shall, on and from the date of such transfer, be deemed to be substituted in the licence or other instrument referred to in sub-section (3) of section 4 in place of the National Textile Corporation as if such licence or other instrument had been granted to the Subsidiary Textile Corporation, and shall hold such licence or other instrument for the remainder of the period for which the National Textile Corporation would have held such licence or other instrument. (4) On the transfer to a Subsidiary Textile Corporation of any sick textile undertaking or any part thereof, the liabilities required to be discharged by the National Textile Corporation under sub-section (2) of section 5, shall, in so far as they relate to the sick textile undertaking or part thereof so transferred to the Subsidiary Textile Corporation, be discharged, on and from the date of such transfer, by the Subsidiary Textile Corporation as and when any such liability is required to be discharged. (5) Save as otherwise expressly provided in this Act, references in this Act to the National Textile Corporation shall, in respect of any sick textile undertaking or any part thereof which is transferred to a Subsidiary Textile Corporation, be construed as references to the Subsidiary Textile Corporation. 6 ----- **to it by the Central Government.—(1) An amount equal to the value of the assets of a sick textile** undertaking transferred to, and vested in, the National Textile Corporation under sub-section (2) of section 3, shall be deemed to be the contribution made by the Central Government to the equity capital of the National Textile Corporation; and for the contribution so made, the National Textile Corporation shall issue (if necessary after amending its memorandum and articles of association) to the Central Government paid-up shares, in its equity capital, having a face value equal to the amount specified against the sick textile undertaking in the corresponding entry in column (4) of the First Schedule. (2) Where any liability assumed by the Central Government under this Act is taken over by the National Textile Corporation under section 27, the Central Government shall surrender to that Corporation the shares issued to it under sub-section (1) having the face value equal to the amount to the extent to which the liability has been so taken over by the National Textile Corporation and thereupon the share capital of the National Textile Corporation shall, to the extent of the face value of the shares so surrendered, stand reduced. CHAPTER III PAYMENT OF AMOUNT **8. Payment of amount to owners of sick textile undertakings.—The owner of every sick textile** undertaking shall be given by the Central Government, in cash and in the manner specified in Chapter VI, for the transfer to, and vesting in, it, under sub-section (1) of section 3, of such sick textile undertaking and the right, title and interest of the owner in relation to such sick textile undertaking, an amount equal to the amount specified against it in the corresponding entry in column (4) of the First Schedule. **9. Payment of further amount.—(1) In consideration of the retrospective operation of the provisions** of sections 3, 4 and 5, there shall be given, in cash, by the Central Government, to the owner of every sick textile undertaking, the management of which was taken over by the Central Government, an amount equal to an amount calculated at the rate specified in section 6 of the Sick Textile Undertakings (Taking Over of Management) Act, 1972 (72 of 1972), for the period commencing on the appointed day and ending on the date on which the Ordinance was promulgated. (2) In addition to the amount referred to in section 8, there shall be given by the Central Government, in cash, to the owner of every sick textile undertaking, simple interest at the rate of four per cent. per annum on the amount specified against such owner in the corresponding entry in column (4) of the First Schedule for the period commencing on the date on which the Ordinance was promulgated, and ending on the date on which payment of such amount is made by the Central Government to the Commissioner. (3) The amount representing interest calculated at the rate specified in sub-section (2) shall be given in addition to the amount specified in the First Schedule. **10. Accounts to be rendered by the owners of sick textile undertakings.—(1) Where in pursuance** of any decree, order or injunction of a court or otherwise, the Central Government or the Custodian was prevented from taking over the management of any sick textile undertaking, the owner of such sick textile undertaking shall,— (a) in the case of an undertaking the management of which was subsequently taken over by the Central Government at any time before the date on which the Ordinance was promulgated, within sixty days from such date; or (b) in the case of any other sick textile undertaking, the management of which could not be taken over by the Central Government before the date on which the Ordinance was promulgated, within sixty days from such date, render accounts in relation to the period commencing on the date of the notified order under the Industries (Development and Regulation) Act, 1951 (5 of 1951), or, as the case may be, on the date of commencement of the Sick Textile Undertakings (Taking Over of Management) Act, 1972 (72 of 1972), and ending on the date on which the management of the sick textile undertaking was taken over by the Central Government or the Custodian, as the case may be, with regard to the— (i) assets and stores of the sick textile undertaking acquired or sold during the said period; (ii) textile sold or despatched during the said period; and 7 ----- (2) If on examination of the accounts referred to in sub-section (1), any income is found to have been derived by the owner from the sick textile undertaking during the period referred to in that sub-section, such income shall be recoverable by the Central Government from the amount payable under section 8 to the owner of such sick textile undertaking and the debt due to the Central Government on this account shall rank as an unsecured debt. (3) If no account is rendered by the owner of a sick textile undertaking within the period referred to in sub-section (1) or if the Central Government has any reason to believe that the account rendered by such owner is incorrect or false in material particulars, the Central Government may refer the matter to the Commissioner and thereupon the Commissioner shall determine the income derived by the owner from the sick textile undertaking during the period referred to in sub-section (1), and take steps to recover the said income from the amount payable to the owner of the sick textile undertaking under section 8, as if the debt due to the Central Government on this account were an unsecured debt. (4) No mortgage, charge, lien or other incumbrance in relation to a sick textile undertaking or any asset thereof shall be binding on the Central Government or the National Textile Corporation if such mortgage, charge, lien or other incumbrance was created, at any time during the period in which the Central Government or the Custodian was prevented, by any decree, order or injunction of a court or otherwise, from taking over the management of the said sick textile undertaking. CHAPTER IV MANAGEMENT, ETC., OF SICK TEXTILE UNDERTAKINGS **11. Management, etc., of sick textile undertakings.—The National Textile Corporation or any** person which that Corporation may, by order in writing, specify, shall be entitled to exercise the powers of general superintendence, direction, control and management of the affairs and business of a sick textile undertaking, the right, title and interest of an owner in relation to which have vested in that Corporation under sub-section (2) of section 3, and do all such things as the owner of the sick textile undertaking is authorised to exercise and do. 1[11A. Special provision for disposal of assets of the sick textile undertakings in certain **circumstances.—If the National Textile Corporation considers it necessary or expedient for the better** management, modernisation, restructuring or revival of a sick textile undertaking so to do, it may, with the previous sanction of the Central Government, transfer, mortgage, sell or otherwise dispose of any land, plant, machinery or any other assets of any of the sick textile undertakings: Provided that the proceeds of no such transfer, mortgage, sale or disposal shall be utilised for any purpose other than the purpose for which the sanction of the Central Government has been obtained.] **12. Duty of persons in charge of management of sick textile undertakings to deliver all assets,** **etc.—On the vesting of the management of a sick textile undertaking in the National Textile Corporation** all persons in charge of the management of such sick textile undertaking immediately before such vesting shall be bound to deliver to the National Textile Corporation all assets, books of account, registers or other documents in their custody relating to the sick textile undertaking. **13. Accounts.—The National Textile Corporation shall maintain the accounts of sick textile** undertakings in accordance with the provisions of the Companies Act, 1956 (1 of 1956). CHAPTER V PROVISIONS RELATING TO EMPLOYEES OF SICK TEXTILE UNDERTAKINGS **14. Employment of certain employees to continue.—(1) Every person who is a workman within the** meaning of the Industrial Disputes Act, 1947 (14 of 1947), and has been, immediately before the appointed day, employed in a sick textile undertaking shall become, on and from the appointed day, an employee of the National Textile Corporation, and shall hold office or service in the National Textile Corporation with the same rights and privileges as to pension, gratuity and other matters as would have been admissible to him if the rights in relation to such sick textile undertaking had not been transferred to, and vested in, the National Textile Corporation, and shall continue to do so unless and until his 1. Ins. by Act 40 of 1995, s. 2 (w.e.f. 8-9-1995). 8 ----- conditions of employment are duly altered by the National Textile Corporation. (2) Every person who is not a workman within the meaning of the Industrial Disputes Act, 1947 (14 of 1947), and who has been, immediately before the appointed day, employed in a sick textile undertaking shall, in so far as such person is employed in connection with the sick textile undertaking which has vested in the National Textile Corporation, become, as from the appointed day, an employee of the National Textile Corporation 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 and gratuity and other matters as he would have held the same under the sick textile undertaking if it had not vested in the National Textile Corporation and shall continue to do so unless and until his employment in the National Textile Corporation is duly terminated or until his remuneration, terms and conditions of employment are duly altered by the National Textile Corporation: Provided that in respect of any sick textile undertaking the management of which could not be taken over by the Central Government under the Sick Textile Undertakings (Taking Over of Management) Act, 1972 (72 of 1972), by reason of any decree, order or injunction of any court, any agent, director (including a managing or whole-time director, by whatever name called) or manager shall not become an employee of the National Textile Corporation. (3) 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 person employed in a sick textile undertaking to the National Textile Corporation shall not entitle such officer or other employee to any compensation under this Act or any other law for the time being in force and no such claim shall be entertained by any court, tribunal or other authority. (4) Where, under the terms of any contract of service or otherwise, any person whose services become terminated or whose services become transferred to the National Textile Corporation by reason of the provisions of this Act is entitled to any arrears of salary or wages or any payment for any leave not availed of or other payment, not being payment by way of gratuity or pension, such person may, except to the extent such liability has been taken over by the Central Government under section 5, enforce his claim against the owner of the sick textile undertaking but not against the Central Government or the National Textile Corporation. **15. Provident and other funds.—(1) Where the owner of a sick textile undertaking has established a** provident fund, superannuation, welfare or other fund for the benefit of the persons employed in such sick textile undertaking the monies relatable to the employees, whose services have become transferred by or under this Act to the National Textile Corporation shall, out of the monies standing, on the appointed day, to the credit of such provident fund, superannuation, welfare or other fund, stand transferred to, and shall vest in, the National Textile Corporation. (2) The monies which stand transferred, under sub-section (1), to the National Textile Corporation shall be dealt with by that Corporation in such manner as may be prescribed. **16. Transfer of employees to a Subsidiary Textile Corporation.—Where any sick textile** undertaking or any part thereof is transferred under this Act to a Subsidiary Textile Corporation, every person referred to in sub-section (1) and sub-section (2) of section 14 shall, on and from the date of such transfer, become an employee of the Subsidiary Textile Corporation, and the provisions of sections 14 and 15 shall apply to such employee as they apply to an employee of the National Textile Corporation as if references in the said sections to the National Textile Corporation were references to the Subsidiary Textile Corporation. CHAPTER VI COMMISSIONERS OF PAYMENTS **17. Appointment of Commissioners of Payments.—(1) For the purpose of disbursing the amounts** payable to the owner of each sick textile undertaking, the Central Government shall, by notification in the Official Gazette,— (a) appoint such number of persons as it may think fit to be Commissioners of Payments; and (b) define the local limits within which the Commissioners of Payments shall exercise the powers conferred, and perform the duties imposed, on them by or under this Act. 9 ----- Commissioner and thereupon the Commissioner may authorise one or more of such persons also to exercise all or any of the powers exercisable by him under this Act, and different persons may be authorised to exercise different powers. (3) Any person authorised by the Commissioner to exercise any powers may exercise those powers in the same manner and with the same effect as if they have been conferred on that person directly by this Act and not by way of authorisation. (4) The salaries and allowances of the Commissioner and other persons appointed under this section shall be defrayed out of the Consolidated Fund of India. (5) References in this Act to the Commissioner shall, where more than one Commissioner has been appointed, be construed as references to the Commissioner in relation to the sick textile undertaking within the local limits of the jurisdiction specified under clause (b) of sub-section (1). **18. Payment by the Central Government to the Commissioner.—(1) The Central Government** shall, within thirty days from the specified date, pay in cash to the Commissioner, for payment to the owner of a sick textile undertaking, an amount equal to the amount specified against the sick textile undertaking in the First Schedule and shall also pay to the Commissioner such sums as may be due to the owner of a sick textile undertaking under sub-sections (1) and (2) of section 9. (2) In relation to the sick textile undertakings, the management of which was taken over by the Central Government under the Industries (Development and Regulation) Act, 1951 (5 of 1951), there shall be paid by the Central Government [in addition to the amount referred to in sub-section (1)], to the Commissioner, in cash, an amount calculated at the rate specified in section 6 of the Sick Textile Undertakings (Taking Over of Management) Act, 1972 (72 of 1972), for the period commencing on the date on which such management was taken over by the Central Government and ending on the appointed day. (3) In relation to the sick textile undertakings, the management of which was taken over by the Central Government under the Sick Textile Undertakings (Taking Over of Management) Act, 1972 (72 of 1972), there shall be paid by the Central Government [in addition to the amount referred to in sub-section (1)], to the Commissioner, in cash, such amount payable under section 6 of that Act as remains unpaid in relation to the period commencing on the date on which such management was taken over by the Central Government and ending on the appointed day. (4) A deposit account shall be opened by the Central Government, in favour of the Commissioner, in the Public Account of India, and every amount paid under this Act to the Commissioner shall be deposited by him to the credit of the said deposit account in the Public Account of India, and thereafter the said deposit account shall be operated by the Commissioner. (5) Separate records shall be maintained by the Commissioner in respect of each sick textile undertaking in relation to which payments have been made to him under this Act. (6) Interest accruing on the amounts standing to the credit of the deposit account referred to in sub-section (4) shall inure to the benefit of the owners of the sick textile undertakings. **19. Certain powers of the National Textile Corporation.—(1) The National Textile Corporation** shall be entitled to receive, up to the specified date, to the exclusion of all other persons, any money due to the sick textile undertaking, realised after the appointed day, notwithstanding that the realisations pertain to a period prior to the appointed day. (2) The National Textile Corporation may make a claim to the Commissioner with regard to every payment made by the Custodian after the appointed day but before the date on which the Ordinance was promulgated for discharging any liability of the owner of a sick textile undertaking in relation to any period prior to the appointed day, and every such claim shall have priority, in accordance with the priorities attaching under this Act, to the matter in relation to which such liability has been discharged by the Custodian. (3) Save as otherwise provided in this Act, the liabilities in relation to a sick textile undertaking in respect of any period prior to the appointed day which have not been discharged by the Custodian shall be the liabilities of the owner of that sick textile undertaking. 10 ----- sick textile undertaking shall prefer such claim before the Commissioner within thirty days from the specified date: Provided that if the Commissioner is satisfied that the claimant was prevented by sufficient cause from preferring the claim within the said period of thirty days, he may entertain the claim within a further period of thirty days but not thereafter. **21. Priority of claims.—The claims arising out of the matters specified in the Second Schedule shall** have priorities in accordance with the following principles, namely:— (a) category I will have precedence over all other categories, and category II will have precedence over category III and so on; (b) the claims specified in each of the categories except Category IV, shall rank equally and be paid in full, but if the amount is insufficient to meet such claims in full, they shall abate in equal proportions and be paid accordingly; (c) the liabilities specified in category IV shall be discharged, subject to the priorities specified in this section, in accordance with the terms of the secured loans and the priority, _inter se, of such_ loans; and (d) the question of payment of a liability with regard to a matter specified in a lower category shall arise only if a surplus is left after meeting all the liabilities specified in the immediately higher category. **22. Examination of claims.—(1) On receipt of the claims under section 20, the Commissioner shall** arrange the claims in the order of priority specified in the Second Schedule and examine the same in accordance with the said order. (2) If on examination of the claims, the Commissioner is of the opinion that the amount paid to him under this Act is not sufficient to meet the liabilities specified by any lower category, he shall not be required to examine the liabilities in respect of such lower category. **23. Admission or rejection of claims.—(1) After examining the claims with reference to the priority** set out in the Second Schedule, the Commissioner shall fix a certain date on or before which every claimant shall file the proof of his claim or be excluded from the benefit of the disbursement made by the Commissioner. (2) Not less than fourteen days‟ notice of the date so fixed shall be given by advertisement in one issue of the daily newspaper in the English language and one issue of the daily newspaper in the regional language as the Commissioner may consider suitable, and every such notice shall call upon the claimant to file the proof of his claim with the Commissioner within the time specified in the advertisement. (3) Every claimant who fails to file the proof of his claim within the time specified by the Commissioner shall be excluded from the disbursements made by the Commissioner. (4) The Commissioner shall, after such investigation as may, in his opinion, be necessary and after giving the sick textile undertaking an opportunity of refuting the claim and after giving the claimants a reasonable opportunity of being heard, in writing, admit or reject the claim in whole or in part. (5) The Commissioner shall have the power to regulate his own procedure in all matters arising out of the discharge of his functions including the place or places at which he will hold his sittings and shall, for the purpose of making any investigation under this Act, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit, in respect of the following matters, namely:— (a) the summoning and enforcing the attendance of any witness and examining him on oath; (b) the discovery and production of any document or other material object producible as evidence; 11 ----- (d) the issuing of any commission for the examination of witnesses. (6) Any investigation before the Commissioner shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860) and the Commissioner 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). (7) A claimant who is dissatisfied with the decision of the Commissioner may prefer an appeal against the decision to the principal civil court of original jurisdiction within the local limits of whose jurisdiction the sick textile undertaking is situated: Provided that where a person who is a Judge of a High Court is appointed to be the Commissioner, such appeal shall lie to the High Court for the State in which the sick textile undertaking is situated, and such appeal shall be heard and disposed of by not less than two Judges of that High Court. **24. Disbursement of money by the Commissioner to claimants.—After admitting a claim under** this Act, the amount due in respect of such claim shall be credited by the Commissioner to the relevant fund or be paid to the person or persons to whom such sums are due and on such credit or payment the liability of the owner in respect of such claim shall stand discharged. **25. Disbursement of amounts to the owners of sick textile undertakings.—(1) If out of the monies** paid to him in relation to a sick textile undertaking, there is a balance left after meeting the liabilities as specified in the Second Schedule, the Commissioner shall disburse such balance to the owner of such sick textile undertaking. (2) Before making any payment to the owner of any sick textile undertaking under sub-section (1), the Commissioner shall satisfy himself as to the right of such person to receive the whole or any part of such amount, and in the event of there being a doubt or dispute as to the right of the person to receive the whole or any part of the amount referred to in sections 8 and 9, the Commissioner shall refer the matter to the court and make the disbursement in accordance with the decision of the court. (3) For the removal of doubts, it is hereby declared that the entries in column (3) of the First Schedule shall not be deemed to be conclusive as to the right, title and interest of any person in relation to any sick textile undertaking specified in the corresponding entries in column (2) of the said Schedule and evidence shall be admissible to establish the right, title and interest of any person in relation to such sick textile undertaking. (4) Where any machinery, equipment or other property in a sick textile undertaking has vested in the National Textile Corporation, but such machinery, equipment or other property does not belong to the owner of such sick textile undertaking, the amount specified in column (4) of the First Schedule against such sick textile undertaking shall, on a reference made to it by the Commissioner, be apportioned by the court between the owner of such sick textile undertaking and the owner of such machinery, equipment or other property having due regard to the value of such machinery, equipment or other property on the appointed day. _Explanation.—In this section, “court,” in relation to a sick textile undertaking, means the principal_ civil court of original jurisdiction within the local limits of whose jurisdiction the sick textile undertaking is situated. **26. Undisbursed or unclaimed amounts to be deposited to the general revenue account.—Any** money paid to the Commissioner which remains undisbursed or unclaimed for a period of three years from the last day on which the disbursement was made, shall be transferred by the Commissioner to the general revenue account of the Central Government; but a claim to any money so transferred may be preferred to the Central Government by the person entitled to such payment and shall be dealt with as if such transfer had not been made, the order, if any, for payment of the claim being treated as an order for the refund of revenue. 12 ----- MISCELLANEOUS **27. Assumption of liability.—(1) Where any liability of the owner of a sick textile undertaking** arising out of any item specified in category I of the Second Schedule is not discharged fully by the Commissioner out of the amount paid to him under this Act, the Commissioner shall intimate in writing to the Central Government the extent of the liability which remains undischarged, and that liability shall be assumed by the Central Government. (2) The Central Government may, by order, direct the National Textile Corporation to take over any liability assumed by that Government under sub-section (1), and on receipt of such direction, it shall be the duty of, the National Textile Corporation to discharge such liability. **28. Management to continue to vest in the Custodian until alternative arrangements are** **made.—Notwithstanding the vesting, under this Act, of a sick textile undertaking in the National Textile** Corporation,— (a) the Custodian who has been managing the affairs of such undertaking before the date on which the Ordinance was promulgated shall, until alternative arrangements have been made by the National Textile Corporation, continue to manage the affairs of such undertaking as if the Custodian had been authorised by the National Textile Corporation to manage the affairs of such undertaking; and (b) the Custodian or any person authorised by him for this purpose shall, until alternative arrangements have been made by the National Textile Corporation, continue to be authorised to operate, in relation to the sick textile undertaking, any account of such undertaking in a bank as if such Custodian or the person authorised by the Custodian had been authorised by the National Textile Corporation to operate such account. **29. Act to override all other enactments.—The provisions of this Act shall have effect** notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act or in any decree or order of any court, tribunal or authority. **30. Contracts to cease to have effect unless ratified by National Textile Corporation.—(1) Every** contract entered into by the owner or occupier of any sick textile undertaking for any service, sale or supply and in force immediately before the appointed day shall, on and from the expiry of one hundred and eighty days from the date on which this Act receives the assent of the President, cease to have effect unless such contract is before the expiry of that period, ratified, in writing, by the National Textile Corporation and in ratifying such contract the National Textile Corporation may, with the previous approval of the Central Government, make such alterations or modifications therein as it may think fit: Provided that the National Textile Corporation shall not omit to ratify a contract, and shall not make any alteration or modification in a contract, unless it is satisfied that such contract is unduly onerous or has been entered into in bad faith or is detrimental to the interests of the sick textile undertaking. (2) The National Textile Corporation shall not omit to ratify a contract, and, shall not make any alteration or modification therein, except after giving to the parties to the contract a reasonable opportunity of being heard and except after recording in writing its reasons for refusal to ratify the contract or for making any alteration or modification therein. **31. Transfer of assets, etc., to be void in certain cases.—(1) Except with the prior approval of the** Central Government, no owner of a sick textile undertaking, specified in the Schedule to the Sick Textile Undertakings (Taking Over of Management) Act, 1972 (72 of 1972), the management of which could not be taken over by the Central Government by reason of any decree, order or injunction of any court or otherwise, shall, on and from the date of introduction of the Sick Textile Undertakings (Nationalisation) Bill, 1974, in the House of the People, transfer, by sale, mortgage or otherwise, any property or other assets forming part of the said sick textile undertaking and any such transfer without the previous approval of the Central Government shall be void and inoperative. (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 which may extend to ten thousand rupees, or with both. 13 ----- **32. Penalties.—Any person who,—** (a) having in his possession, custody or control any property forming part of a sick textile undertaking wrongfully withholds such property from the Central Government or the National Textile Corporation, or any person authorised by that Government or Corporation, as the case may be, in this behalf, or (b) wrongfully obtains possession of, or retains, any property forming part of the sick textile undertaking or wilfully withholds or fails to furnish to the Central Government, the National Textile Corporation or any person specified by that Government, or Corporation, as the case may be, any document relating to such sick textile undertaking which may be in his possession, custody or control or fails to deliver to the National Textile Corporation or any person specified by that Corporation any assets, books of account, registers or other documents in his custody relating to the sick textile undertaking, or (c) wrongfully removes or destroys and property forming part of any sick textile undertaking or prefers any claim under this Act which he knows or has reasonable cause to believe to be false or grossly inaccurate, shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to ten thousand rupees, or with both. **33. Offences by companies.—(1) Where an offence under this Act has been committed by a** company, every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be 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. **34. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall** lie against the Central Government or any officer of that Government or the Custodian or the National Textile Corporation or any Subsidiary Textile Corporation or any officer or other person authorised by either of such Corporations for anything which is, in good faith done or intended to be done under this Act. **35. Textile companies not to be wound up by the court.—No proceeding for the winding up of a** textile company, the right, title and interest in relation to the sick textile undertaking owned by which have vested in the National Textile Corporation under this Act or for the appointment of a receiver in respect of the business of the sick textile undertaking shall lie or be proceeded with in any court except with the consent of the Central Government. **36. Delegation of powers.—(1) The Central Government may, by notification, direct that all or any** of the powers exercisable by it under this Act, other than the power under section 37, may also be exercised by any person or persons as may be specified in the notification. (2) Whenever any delegation of power is made under sub-section (1), the person to whom such power has been delegated shall act under the direction, control and supervision of the Central Government. 14 ----- out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the time within which the manner in which an intimation referred to in sub-section (4) of section 4 shall be given; (b) the manner in which monies in any provident or other fund referred to in section 15 shall be dealt with; (c) any other matter which is required to be, or may be, prescribed. (3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of 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. **38. Power to remove difficulties.—If any difficulty arises in giving effect to the provisions of this** Act, the Central Government may, by order not inconsistent with the provisions of this Act, remove the difficulty: Provided that no such order shall be made after the expiry of a period of two years from the date on which this Act receives the assent of the President. **39. Declaration as to the policy of the State.—It is hereby declared that this Act is for giving effect** to the policy of the State towards securing the principles specified in clause (b) of article 39 of the Constitution. _Explanation.—In this section, “State” has the same meaning as in article 12 of the Constitution._ **40. Repeal and savings.—(1) The Sick Textile Undertakings (Nationalisation) Ordinance,** 1974 (Ord. 12 of 1974), as hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the Ordinance so repealed shall be deemed to have been done or taken under the corresponding provisions of this Act. 1[41. Validation.—Notwithstanding anything contained in any judgment, decree or order of any court, tribunal or other authority,— (a) the provisions of this Act, as amended by the Textile Undertakings (Nationalisation) Laws (Amendment and Validation) Act, 2014 (36 of 2014), shall have and shall be deemed always to have effect for all purposes as if the provisions of this Act, as amended by the said Act, had been in force at all material times; (b) any lease-hold property divested from the National Textile Corporation to any person under the provisions of this Act, as it stood immediately before the commencement of the Textile Undertakings (Nationalisation) Laws (Amendment and Validation) Act, 2014 (36 of 2014), shall stand transferred to and vest or continue to vest, free from all encumbrances, in the National Textile Corporation in the same manner as it was vested in the National Textile Corporation before such divesting of that property under the provisions of this Act, as if the provisions of this Act as amended by the aforesaid Act, were in force at all material times; (c) no suit or other proceedings shall, without prejudice to the generality of the foregoing provisions, be maintained or continued in any court or tribunal or authority for the enforcement of any decree or order or direction given by such court or tribunal or authority, notwithstanding any undertaking filed by the National Textile Corporation in any court or tribunal or authority, directing divestment of such lease-hold property from the National Textile Corporation vested in it under section 3 of this Act, as it stood before the commencement of the Textile Undertakings 1. Ins. by Act 36 of 2014, s. 4 (w.e.f. 17-12-2014). 15 ----- property shall continue to vest in the National Textile Corporation under section 3 of this Act, as amended by the aforesaid Act, as if the said section was in force at all material times; (d) any transfer of any property, vested in the National Textile Corporation, by virtue of any order of attachment, seizure or sale in execution of a decree of a civil court or orders of any tribunal or other authority in respect of lease-hold property vested in the National Textile Corporation which is contrary to the provisions of this Act, as amended by the Textile Undertakings (Nationalisation) Laws (Amendment and Validation) Act, 2014 (36 of 2014), shall be deemed to be null and void and notwithstanding such transfer, continue to vest in the National Textile Corporation under this Act.] 16 ----- Sl. No. [See sections 2 (h), 8 and 18] Name of the undertaking Name of the owner Amount (in rupees) (1) (2) (3) (4) 1 Adoni Cotton Mills, Alur Road, Adoni (Andhra Pradesh) 2 Ahmedabad Jupiter Spinning, Weaving and Manufacturing Mills, Mill No. 1, Dadheechi Road, Ahmedabad (Gujarat) 3 Ahmedabad Jupiter Spinning, Weaving and Manufacturing Mills, Mill No. 2, Parel, Bombay-13 (Maharashtra) 4 Ahmedabad New Textile Mills, Outside Raipur Gate, Ahmedabad (Gujarat) 5 Ajudhia Textile Mills, Azadpur Delhi 33 6 Alagappa Textile (Cochin) Mills, Alagappanagar (Kerala) 7 Anantapur Cotton Mills, Tadapatri (Andhra Pradesh) 8 Apollo Mills, N. M. Joshi Marg, Chinchpokli, Bombay-11 (Maharahtra) 9 Arati Cotton Mills, Dassnagar, Howrah (West Bengal) 10 Associate Industries (Assam) (Spinning Unit), Chandrapur, Distt. Kamrup (Assam) 11 Aurangabad Mills, Aurangabad (Maharashtra) 12 Azam Jahi Mills, Warangal (Andhra Pradesh) 13 Balarama Varma Textile Mills, Shencottah (Tamil Nadu) 14 Bangasri Cotton Mills, Sodepur (West Bengal) 15 Bengal Fine Spinning and Weaving Mills, Mill No. 1, Konnagar, District Hooghly (West Bengal) 16 Bengal Fine Spinning and Weaving Mills, Mill No. 2, Kataganj, District Nadia (West Bengal) 17 Bengal Luxmi (Cotton Mills, Serampore, District Hooghly (West Bengal) 18 Bengal Nagpur Cotton Mills, Rajnandgaon (Madhya Pradesh) Adoni Cotton Mills Limited, 22, Bell Building, Sir P. M. Road, Bombay-1. The Ahmedabad Jupiter Spinning, Weaving and Manufacturing Company Limited, Dadheechi Road, Ahmedabad. The Ahmedabad New Textile Mills Company Limited, Outside Raipur Gate, Ahmedabad. The Ajudhia Textile Mills Limited, 23 24, Radha Bazar Street, Calcutta-1. The Alagappa Textiles (Cochin) Limited, Alagappanagar (Kerala). The Anantapur Cotton Mills Limited, Tadapatri (Andhra Pradesh). Apollo Mills Limited, N.M. Joshi Marg, Chinchpokli, Bombay-II (Maharashtra). Arati Cotton Mills Limited, 29, Strand Road, Calcutta-1. Associated Industries (Assam), Chandrapur, Distt. Kamrup (Assam). The Aurungabad Mills Limited, 16, Himgiri Padam Tekri, Pedoor Road, Bombay-26. The Azam Jahi Mills Limited, 159, Gunfoundry Road, Hyderabad. Balarama Varma Textiles, Limited, Shencottah (Tamil Nadu). The Bangasri Cotton Mills Limited, Chandrachur Sadan, Sodepur, 24Parganas (West Bengal). Bengal Fine Spinning and Weaving Mills Limited, 7, Bipin Bihari Ganguli Street, Calcutta. Bengal Luxmi Cotton Mills Limited, 7, Chowringhee Road, Calcutta. Bengal Nagpur Cotton Mills Limited, 4, Lyons Range, Calcutta. 17 10,79,000 1,39,06,000 2,35,68,000 93,44,000 8,41,000 43,62,000 2,97,000 1,20,37,000 4,85,000 14,14,000 1,000 92,95,000 34,00,000 4,85,000 15,16,000 11,96,000 22,00,000 69,71,000 |Col1|Col2| |---|---| ----- 19 Bengal Textile Mills, Cossimbazar Bengal Textile Mills Limited, 3,48,000 (West Bengal) Mercantile Building, Lal Bazar, Calcutta. 20 Bihar Co-operative Weavers‟ Spinning Bihar Co-operative Weavers‟ Spinning 13,07,000 Mills, Mokameh, Patna (Bihar) Mills Limited, Mokameh, Patna. 21 Bijli Cotton Mills, Mendu Road, The Bijli Cotton Mills (Private) Limited, 21,49,000 Hathras (Uttar Pradesh) Agra (Uttar Pradesh). 22 Burhanpur Tapti Mills, Lalbag, The Burhanpur Tapti Mills 86,80,000 Burhanpur R. S. (Nimar) (Madhya Limited, Burhanpur R. S. Nimar Pradesh) (Madhya Pradesh). 23 Combodia Mills, Ondipudur, The Combodia Mills Limited, 64,40,000 Coimbatore-16 (Tamil Nadu) Ondipudur, Coimbatore-16 (Tamil Nadu) 24 Cannanore Spinning and Weaving The Cannanore Spinning and Weaving 47,08,000 Mills, Cannanore (Kerala) Mills Limited, Cannanore (Kerala). 25 Cannanore Spinning and Weaving 61,24,000 Mills, Mahe (Pondicherry) 26 Central Cotton Mills, Howrah Central Cotton Mills 44,10,000 (West Bengal) Limited, 9, Brabourne Road, Calcutta 1. 27 Chhaganlal Textile Mills, Chalisgaon, The Chhaganlal Textile Mills (Private) 5,42,000 East Khandesh (Maharashtra) Limited, Chowk, Bhopal (Madhya Pradesh). 28 Coimbatore Murugan Mills, The Coimbatore Murugan Mills Limited, 18,50,000 Mettupalayam Road, Coimbatore-11 Mettupalayam Road, Coimbatore-11. 29 Coimbatore Spinning and Weaving The Coimbatore Spinning and Weaving 47,03,000 Mills, Krishnaswamy Mudaliar Road, Company Limited, Krishnaswamy Coimbatore-1 Mudaliar Road, Coimbatore-1. 30 Dayalbagh Spinning and Weaving Sir Sahabji Maharaj Mills Limited, 5,74,000 Mills, Amritsar (Punjab) Dayalbagh, Agra (Uttar Pradesh) 31 Digvijay Spinning and Weaving Mills, The Digvijay Spinning and Weaving 75,65,000 Lalbagh, Parel, Bombay-33 (Maha- Company Limited, Lalbagh, rashtra) Parel, Bombay-33 32 Edward Mills, Beawar (Rajasthan) The Edward Mills Company 6,79,000 Limited, Beawar (Rajasthan). 33 Edward Textile Mills, Ferguson Road, Edward Textile Mills Limited, Indu 66,28,000 Lower Parel, Bombay (Maharashtra) House, Dougall Road, Ballard Estate, Bombay (Maharashtra). 34 Fine Knitting Mills, near The Fine Knitting Company Limited, 10,17,000 Chamundamata, Asarva Road, Asarva, near Chamundamata, Ahmedabad (Gujarat) Ahmedabad-16 (Gujarat). 35 Gaya Cotton and Jute Mills, Gaya Gaya Cotton and Jute Mills Limited, 10,49,000 (Bihar) Gaya (Bihar). 36 Himabhai Manufacturing Mills, Outside The Himabhai Manufacturing Company 54,77,000 Saraspur Gate, Ahmedabad (Gujarat) Limited, Opp. Chartoda Kabrastan, Saraspur, Ahmedabad-18 (Gujarat). 37 Hira Mills, 1/10, Hira Mill Marg (Agar The Hira Mills Limited, 1/10, Hira Mill 12,39,000 Road), Ujjain (Madhya Pradesh) Marg (Agar Road), Ujjain (Madhya Pradesh). 38 India United Mills, Mill No.1, Ambedkar Marg, Bombay-12 The India United Mills Limited, Indu 39 India United Mills, Mill No. 2, Bhogale House, Narottam Morarjee Marg Marg, Bombay-33 (Dougall Road), Ballard Estate, Bombay-400001. 18 ----- 44 Indore Malwa United Mills, Indore The Indore Malwa United Mills Limited, 139, Meadows Street, Fort, Bombay. 45 Jayashankar Mills Barsi, Barsi, District The Jayashankar Mills Barsi Limited, Sholapur (Maharashtra) Barsi, 139, District Sholapur (Maharashtra). 46 Jehangir Vakil Mills, Outside Delhi The Jehangir Vakil Mills Company Gate, Ahmedabad (Gujarat) Limited, Outside Delhi Gate, Ahmedabad (Gujarat). 47 Jyoti Weaving Factory, 69, S. K. Dev Jyoti Weaving Factory (Private) Limited Road, Calcutta-48, West Bengal 69, S. K. Dev Road, Patipukur, Calcutta, 48 (West Bengal). 48 Kaleeswarar Mills, „A‟ Unit, Coimbatore (Tamil Nadu) The Kaleeswarar Mills Limited, Coimbatore (Tamil Nadu) 49 Kaleeswarar Mills, „B‟ Unit, Kalaynarkoil (District Ramnad), (Tamil Nadu) 50 Kalyanmal Mills, 15, Silnath Camp, Kalyanmal Mills Limited, 15, Silnath Indore (Madhya Pradesh) Camp, Indore (Madhya Pradesh). 51 Kanoria Industries (Cotton Mills Kanoria Industries Limited, 59, Section), Konnagar (West Bengal) Netaji Subhas Road, Calcutta-1. 52 Kerala Lakshmi Mills, Trichur (Kerala Kerala Lakshmi Mills Limited, Pullazhi, State) Trichur-4, Kerala State. 53 Keshav Mills, Petlad (Gujarat) Keshav Mills Company Limited, Petlad (Gujarat). 54 Kharar Textile Mills, Kharar, near The Panipat Woollen and General Mills Chandigarh Company Limited, Kharar, near Chandigarh. 55 Kishnaveni Textile Mills, Trichy Road, Kishnaveni Textiles Limited, Trichy Singanallur Post, Coimbatore (Tamil Road, Singanallur Post, CoimbatoreNadu) 5. 56 Laxmi Narayan Cotton Mills, Rishra Laxmi Narayan Cotton Mills (West Bengal) Limited, 4B, Garstin Place, Calcutta-1. 57 Lord Krishna Textile Mills, Saharanpur Lord Krishna Sugar Mills Limited, (Uttar Pradesh) Chand Hotel, Chandni Chowk, Delhi. 58 Mahalakshmi Mills, Beawar (Rajasthan) The Mahalakshmi Mills Company Limited Beawar (Rajasthan). |Col1|Col2| |---|---| 59 Mahalaxmi Mills, Vartej Road, Bhavnagar (Gujarat) The Mahalaxmi Mills Limited, Vartej Road, Bhavnagar (Gujarat). 19 94,25,000 31,04,000 98,89,000 1,000 32,08,000 15,97,000 90,64,000 7,88,000 25,71,000 56,28,000 12,89,000 25,50,000 18,77,000 69,92,000 3,68,000 83,61,000 ----- 60 Mahboob Shahi Kulbarga Mills, Mahboob Shahi Kulbarga Mills 1,34,84,000 Gulbarga (Karnataka) Company Limited, Gulbarga (Karnataka). 61 Mahindra Mills, Cossimbazar Mahindra Mills Limited, B. K. Paul 7,71,000 (West Bengal) Avenue, Calcutta. 62 Minerva Mills, Malleswaram, Minerva Mills Limited, 75,41,000 Bangalore-3 (Karnataka) Temple Bar Building, 70, Forbes Street, Fort, Bombay-1 63 Model Mills Nagpur, Umrer Road, The Model Mills Nagpur Limited, Ilace 1,000 Nagpur (Maharashtra) House, Sir Phirozshah Mehta Road, Bombay-1. 64 Muir Mills, Civil Lines, Kanpur (Uttar Muir Mills Company Limited, Civil 1,36,60,000 Pradesh) Lines, Kanpur (Uttar Pradesh). 65 Mysore Spinning and Manufacturing The Mysore Spinning and Manufacturing 84,97,000 Mills, Magadi Road, Bangalore Company Limited, 70, Forbes Street, (Karnataka) Fort, Bombay. 66 Natraj Spinning and Weaving Mills Natraj Spinning and Weaving Mills 17,26,000 Nirmal, Adilabad District (Andhra Limited, 37, Lal Bahadur Stadium, Pradesh) Hyderabad-1. 67 Netha Co-operative Spinning The Netha Co-operative Spinning Mills 28,42,000 Mills, 608, Elechiguda, Limited, Secunderabad-3. Secunderabad-3 (Andhra Pradesh) 68 New Bhopal Textile Mills, Chandbar, The New Bhopal Textile Limited, 7,35,000 Tehsil Huzur, Bhopal (Madhya Chandbar, Tehsil Huzur, Bhopal. Pradesh) 69 New Kaiser-i-Hind Spinning and New Kaiser-i-Hind Spinning and 48,70,000 Weaving Mills, Gorupdeo Road, Weaving Company Limited, Ashoka Chinchpokli, Bombay-33 Apartment, Altamount Road, Bombay. (Maharashtra) 70 New Maneckchock Spinning and The New Maneckchock Spinning and 54,37,000 Weaving Mills, Opp. Idgah Gate, Weaving Company Limited, Opp. Ahmedabad-16 (Gujarat) Idgah Gate, Ahmedabad-16. 71 New Pratap Spinning, Weaving and New Pratap Spinning and Weaving and 70,45,000 Manufacturing Mills, Dhulia, West Manufacturing Company Limited, Khandesh Dhulia, West Khandesh. 72 New Victoria Mills, 14/1, Civil Lines, The New Victoria Mills Company 47,38,000 Kanpur (Uttar Pradesh) Limited, 14/1, Civil Lines, Kanpur (Uttar Pradesh). 73 Om Parasakthi Mills, Kishnarayapuram, Om Parasakthi Mills Limited, 27,99,000 Ganapathy P.O., Coimbatore-6 (Tamil Kishnarayapuram, Ganapathy P.O., Nadu) Coimbatore-6. 74 Orissa Cotton Mills, Bhagatpur, Cuttack Orissa Cotton Mills Limited, 41, Ironside 1,000 Road, Calcutta-1. 75 Osmanshahi Mills, Mill Road, Nanded Osmanshahi Mills Limited, Mill Road, 1,06,71,000 (Maharashtra) Nanded (Maharashtra). 76 Panipat Woollen Mills, Kharar, near The Panipat Woollen and General Mills 6,40,000 Chandigarh Company Limited, Kharar, near Chandigarh. 77 Pankaja Mills, Coimbatore Pankaja Mills Limited, Coimbatore. 26,10,000 78 Parvathi Mills, Quilon (Kerala) Parvathi Mills Limited, Quilon (Kerala). 26,05,000 79 Pioneer Spinners, Pioneernagar, (Tamil Nadu) 80 Prabha Mills, Viramgam (Gujarat) Pioneer Spinners (Private) Limited, Pioneernagar (Tamil Nadu). Prabha Mills Limited, Highway Rose Building, 92, Ambawadi Dixit Road, Vile Parle, Bombay-57. 20 26,44,000 9,10,000 ----- 81 R. B. Bansilal Abirchand Spinning and R. B. Bansilal Abirchand Spinning and 57,50,000 Weaving Mills, Hinghanghat Weaving Mills Company (Private) (Maharashtra) Limited, Hinganghat (Maharashtra). 82 Rajkot Spinning and Weaving Mills, The Rajkot Spinning and Weaving Mills 31,79,000 Karansinhji Cross-Road, Limited, Karansinhji Cross Road, Post Box No. 2, Rajkot (Gujarat) Post Box No. 2, Rajkot. 83 Rajnagar Spinning, Weaving and Manufacturing Mills, Unit No.1, The Rajnagar Spinning, Weaving and Ahmedabad (Gujarat) Manufacturing Company Limited, 84 Rajnagar Spinning, Weaving and Outside Prem Gate, Ahmedabad. 58,81,000 Manufacturing Mills, Unit No. 2, Ahmedabad (Gujarat) 85 Rampooria Cotton Mills, Serampore Rampooria Cotton Mills Limited, 8-B, 47,67,000 (West Bengal) Lall Bazar Street, Calcutta-1. 86 R.S.R. Gopaldas Mohta Spinning and The R.S.R. Gopaldas Mohta Spinning 1,01,88,000 Weaving Mills, Akola (Maharashtra) and Weaving Mills (Private) Limited, Akola, District Akola (Maharashtra). 87 Savatram Ramprasad Mills, Akola Savatram Ramprasad Mills Company 59,34,000 (Maharashtra) Limited, Akola (Maharashtra). 88 Seksaria Cotton Mills, Delisle Road, Seksaria Cotton Mills Limited, Delisle 49,67,000 Parel, Bombay Road, Parel, Bombay. 89 Shree Bijay Cotton Mills, Bijainagar Shree Bijay Cotton Mills Limited, 87,000 (Rajasthan) Bijainagar (Rajasthan). 90 Shree Mahalaxmi Mills, Palta M/s. Gajraj Pannalal Limited, Calcutta. 27,22,000 (West Bengal) 91 Shri Vikram Cotton Mills, Talkatora, Shri Vikram Cotton Mills Limited, 12,46,000 Lucknow (Uttar Pradesh) Lucknow (Uttar Pradesh). 92 Sodepur Cotton Mills, Sodepur Sodepur Cotton Mills Limited, Sodepur 1,000 (West Bengal) (West Bengal). 93 Somasundaram Mills, 10/64, The Somasundaram Mills (Private) 38,25,000 Somasundaram Mill Road, Limited, 10/ 64, Somasundaram Mill Coimbatore Road, Coimbatore (Tamil Nadu). 94 Sree Yallamma Cotton, Woollen and Shree Yallamma Cotton, Woollen and 10,18,000 Silk Mills, Yallamnagar (Tolahunaso Silk Mills Company Limited, Railway Station) Davangere City (Karnataka State). 95 Sri Bharathi Mills, Mudaliarpet P.O., Sri Bharathi Mills Limited, Mudaliarpet 15,22,000 Pondicherry P.O., Pondicherry. 96 Sri Kothandram Spinning Mills, Sri Kothandram Spinning Mills (Private) 97,000 Madurai Limited, Madurai. 97 Sri Ranga Vilas Ginning, Spinning and Sri Ranga Vilas Ginning, Spinning and 35,14,000 Weaving Mills, Avanashi Road, Weaving Mills Limited, Avanashi Peelamedu P.O., Coimbatore (Tamil Road, Peelamedu P.O., Post Box Nadu) No. 828, Coimbatore. 98 Sri Sarada Mills, Podanur (Tamil Nadu) Sri Sarada Mills Limited, Podanur 50,31,000 (Tamil Nadu). 99 Suraj Textile Mills, Malout Mandi, Suraj Textile Mills Limited, Malout 2,37,000 Punjab Mandi, Punjab. 100 Swadeshi Cotton and flour Mills, 7, The Swadeshi Cotton and flour Mills 1,000 Silnath Camp, Indore-3 (Madhya Limited, 7, Shilnath Camp, Pradesh) Indore-3 (Madhya Pradesh). 101 Tirupathi Cotton Mills, Ranigunta Tirupathi Cotton Mills Limited, 8, Boag 23,99,000 (Andhra Pradesh). Road, T. Nagar, Madras-17. 102 Vidarbha Mills (Berar) Ellichpur Vidarbha Mills Berar Limited, Ellichpur 73,26,000 (Maharashtra) (Maharashtra). 103 Vijaymohini Mills, Trivandrum The Vijaymohini Mills Limited, 32,95,000 Trivandrum. 21 ----- THE SECOND SCHEDULE [See sections 21, 22, 23 and 27] _Order of priorities for the discharge of liabilities in respect of a sick textile undertaking_ PART A _Post-take-over management period_ _Category I.—_ (a) Loans advanced by a bank. (b) Loans advanced by an institution other than a bank. (c) Any other loan. (d) Any credit availed of for purpose of trade or manufacturing operations. _Category II.—_ (a) Revenue, taxes, cesses, rates or any other dues to the Central Government or a State Government. (b) Any other dues. PART B _Pre-take-over management period_ _Category III.—_ Arrears in relation to provident fund, salaries and wages, and other amounts, due to an employee. _Category IV.—_ Secured loans. _Category V.—_ Revenue, taxes, cesses, rates or any other dues to the Central Government, a State Government, a local authority or a State Electricity Board. _Category VI.—_ (a) Any credit availed of for purpose of trade or manufacturing operations. (b) Any other dues. 22 -----

19-Mar-1975

04

The Tobacco Board Act, 1975

https://www.indiacode.nic.in/bitstream/123456789/1739/1/197504.pdf

central

# THE TOBACCO BOARD ACT, 1975 _________ # 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 TOBACCO BOARD 4. Establishment and constitution of the Board. 5. Salary and allowances and other conditions of service of Chairman. 6. Officers of the Board and other staff. 7. Committees of the Board. 8. Functions of the Board. 9. Dissolution of the Board. CHAPTER III REGULATION OF PRODUCTION AND DISPOSAL OF VIRGINIA TOBACCO 10. Registration of growers of virginia tobacco. 10A. Registration of growers of virginia tobacco seedlings for commercial purposes. 11. Registration of curers of virginia tobacco. 11A. Registration of processors and manufacturers of virginia tobacco, etc. 11B. Licences to be obtained for grading work and construction of barns, etc. 12. Registration of exporters, packers, auctioneers and dealers. 13. Virginia tobacco to be sold at registered auction platforms 13A. Duty of registered dealers and exporters to purchase at auction platforms, etc. 13B. Duty or buyers of virginia tobacco at places other than auction platforms to refrain from certain unfair practices. 14. Application, cancellation, fees and other matters relating to registration. 14A. Power to levy fees. 15. Power of inspection. CHAPTER IV FINANCE, ACCOUNTS AND AUDIT 16. Grants and loans by the Central Government. 17. Constitution of the Tobacco Fund. 18. Borrowing powers of the Board. 18A. Writing off of losses. ----- SECTIONS 19. Accounts and audit. CHAPTER V CONTROL BY CENTRAL GOVERNMENT 20. Power to prohibit or control import and export of tobacco and tobacco products. 20A. Power of Central Government to authorise purchase of virginia tobacco. 21. Directions by Central Government. 22. Returns and reports. CHAPTER VI MISCELLANEOUS 23. Penalties. 24. Penalties for obstructing a member, officer or other employee of the Board in the discharge of his duties and for failure to produce books and records. 25. Other penalties. 26. Offences by companies. 27. Jurisdiction of court. 28. Previous sanction of Central Government. 29. Protection of action taken in good faith. 30. Suspension of operation of Act. 31. Application of other laws not barred. 32. Power of Central Government to make rules. 33. Power to make regulations. ----- # THE TOBACCO BOARD ACT, 1975 ACT NO. 4 OF 1975 [19th March, 1975.] # An Act to provide for the development under the control of the Union of the tobacco industry. BE it enacted by Parliament in the Twenty-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 Tobacco Board** Act, 1975. (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: Provided that different dates may be appointed for different provisions of this Act and for different States or different parts thereof. **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 tobacco industry. **3. Definitions.—In this Act, unless the context otherwise requires,—** (a) “Board” means the Tobacco Board established under section 4; (b) “Chairman” means Chairman of the Board; (c) “curing” shall have the meaning assigned to it in the Central Excises and Salt Act, 1944 (1 of 1944) and all its grammatical variations and cognate expressions shall be construed accordingly; (d) “dealer” means a dealer in tobacco; (e) “Executive Director” means the Executive Director appointed under section 6; (f) “export” and “import” mean, respectively, taking out of, or bringing into, India, by land, sea or air; (g) “member” means a member of the Board and includes the Chairman; (h) “prescribed” means prescribed by rules made under this Act; (i) “registered” means, except in the expression “registered grower”, registered under Chapter III of this Act and the rules made thereunder; (j) “registered grower” means a person who has obtained a certificate of registration under section 10 for growing virginia tobacco. CHAPTER II THE TOBACCO BOARD **4. Establishment and constitution of the Board.—(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, a Board to be called the Tobacco Board. 1. 28th August, 1976, vide notification No. S.O. 3141, dated 20th August, 1976, see Gazette of India, Extraordinary, Part II, sec. 3(ii). This Act has been extended to the States of Andhra Pradesh and Karnataka in respect of ss. 10 and 11 and ss. 12, 14 and 15 in the whole of India. ----- (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. 1[(3) The head office of the Board shall be at Guntur in the State of Andhra Pradesh and the Board may, with the previous approval of the Central Government, establish offices or agencies at other places in or outside India.] (4) The Board shall consist of the following members, namely:— (a) a Chairman to be appointed by the Central Government; (b) three members of Parliament, of whom two shall be elected by the House of the People and one by the Council of States; (c) [2][eight] members to be appointed by the Central Government to represent respectively:— (i) the Ministry of the Central Government dealing with Agriculture; (ii) the Ministry of the Central Government dealing with Commerce; (iii) the Ministry of the Central Government dealing with Finance; (iv) the Ministry of the Central Government dealing with Industrial Development; (v) the Indian Council of Agricultural Research; (vi) the Government of Andhra Pradesh; [3]*** 4[(via) the Government of Gujarat; and] (vii) the Government of Karnataka; (d) two members to be appointed by the Central Government, by rotation in the alphabetical order, to represent the Governments of tobacco-growing States [5][other than the States of Andhra Pradesh, Gujarat and Karnataka]; (e) not more than [6][ten members] to be appointed by the Central Government from amongst growers of tobacco, dealers and exporters (including packers) of tobacco and tobacco products, manufacturers of tobacco products and from amongst persons who, in the opinion of the Central Government, are experts in tobacco marketing or agricultural economics: 7[Provided that the number of members appointed under this clause from amongst the growers of tobacco shall not exceed six.] 7[(f) the Agricultural Marketing Adviser to the Government of India, Department of Rural Development, ex officio; (g) the Executive Director, ex officio.] 7[(4A) 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.] (5) The Board shall elect, from amongst its members, a Vice-Chairman who shall exercise such of the powers and perform such of the functions of the Chairman as may be prescribed or as may be delegated to him by the Chairman. (6) The term of office of the members and the manner of filling vacancies among, and the procedure to be followed in the discharge of their functions by, the members shall be such as may be prescribed. 1. Subs. by Act 36 of 1978, s. 2, for sub-section (3) (w.e.f. 30-8-1978). 2. Subs. by s. 2, ibid., for “seven” (w.e.f. 30-8-1978). 3. The word “and” omitted by s. 2, ibid. (w.e.f. 30-8-1978). 4. Ins. by s. 2, ibid. (w.e.f. 30-8-1978). 5. Subs. by s. 2, ibid., for “other than the States of Andhra Pradesh and Karnataka” (w.e.f. 30-8-1978). 6. Subs. by Act 57 of 1985, s. 2, for “eight members” (w.e.f. 1-12-1985). 7. Ins. by s. 2, ibid. (w.e.f. 1-12-1985). ----- (7) [1][Any officer] of the Central Government (not being a member of the Board) as is deputed by the Central Government in this behalf, shall have the right to attend the meetings of the Board and take part in the proceedings thereof, but shall not have the right to vote. (8) The Board may associate with itself, in such manner and for such purposes as may be prescribed, any persons whose assistance or advice it may desire in complying with any of the provisions of this Act and a person so associated shall have the right to take part in the discussions of the Board relevant to the purposes for which he has been associated, but shall not have the right to vote. (9) No act or proceeding of the Board or any committee appointed by it under section 7 shall be invalidated merely by reason of— (a) any vacancy in, or any defect in the constitution of, the Board or such committee; or (b) any defect in the appointment of a person acting as a member of the Board or such committee; or (c) any irregularity in the procedure of the Board or such committee not affecting the merits of the case. **5. Salary and allowances and other conditions of service 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. **6. Officers of the Board and other staff.—(1) The Central Government shall appoint an Executive** Director to exercise such powers and perform such duties under the Chairman as may be prescribed or as may be delegated to him by the Chairman. (2) The Central Government shall appoint a Secretary to the Board to exercise such powers and perform such duties under the Chairman as may be prescribed or as may be delegated to him by the Chairman. (3) The Executive Director and the Secretary shall be entitled to such salaries 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. (4) Subject to such control, restrictions and conditions (including conditions as to appointment of the officers and other employees of the Tobacco Export Promotion Council, in the event of the said Council being wound up) as may be prescribed, the Board may appoint such other officers and employees as may be necessary for the efficient performance of its functions. (5) The Chairman, the Executive Director, the 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. **7. Committees of the Board.—(1) The Board may appoint such committees as may be necessary for** the efficient discharge of its duties and performance of its functions under this Act. (2) The Board shall have the power to co-opt as members of any committee appointed under sub-section (1) such number of persons who are not members of the Board as it may think fit and the persons so co-opted shall have the right to attend the meetings of the committee and take part in the proceedings of the committee but shall not have the right to vote. **8. 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 tobacco industry. (2) Without prejudice to the generality of the provisions of sub-section (1), the measures referred to therein may provide for— 2[(a) regulating the production and curing of virginia tobacco having regard to the following factors, namely:— (i) the demand for virginia tobacco in India and abroad; 1. Subs. byAct 57 of 1985, s. 2, for “The Executive Director and any such officer” (w.e.f. 1-12-1985). 2. Subs. by s. 3, ibid., for clause (a) (w.e.f. 1-12-1985). ----- (ii) the suitability of land for growing virginia tobacco; (iii) the differences in soil characteristics and agro-climatic factors in different regions of the country where virginia tobacco is grown and the effect thereof on the quality and quantity of virginia tobacco produced in those regions; (iv) the marketability of different types of virginia tobacco; (v) the need for rotation of crops; and (vi) the nature of the holdings of the growers of virginia tobacco whether owned or leased;] (b) keeping a constant watch on the virginia tobacco market, both in India and abroad, and ensuring that the growers get a fair and remunerative price for the same and that there are no wide fluctuations in the prices of the commodity; (c) maintenance and improvement of existing markets, and development of new markets outside India for Indian virginia tobacco and its products and devising of marketing strategy in consonance with demand for the commodity outside India, including group marketing under limited brand names; 1[(cc) establishment by the Board of auction platforms, with the previous approval of the Central Government, for the sale of virginia tobacco by registered growers or curers, and functioning of the Board as an auctioneer at auction platforms established by or registered with it subject to such conditions as may be specified by the Central Government;] (d) recommending to Central Government the minimum prices which may be fixed for purposes of export of virginia tobacco with a view to avoiding unhealthy competition amongst the exporters; (e) regulating in other respects virginia tobacco marketing in India and export of virginia tobacco having due regard to the interests of growers, manufacturers and dealers and the nation; (f) propagating information useful to the growers, dealers and exporters (including packers) of virginia tobacco and manufacturers of virginia tobacco products and others concerned with virginia tobacco and products thereof; (g) purchasing virginia tobacco from growers when the same is considered necessary or expedient for protecting the interests of the growers and disposal of the same in India or abroad as and when considered appropriate; (h) promoting the grading of tobacco at the level of growers; (i) sponsoring, assisting, co-ordinating or encouraging scientific, technological and economic research for the promotion of tobacco industry; (j) such other matters as may be prescribed. (3) Without prejudice to the generality of the provisions of sub-section (1) and subject to priority being given to matters specified in sub-section (2), the measures referred to in sub-section (1) may also provide in relation to tobacco, other than virginia tobacco, for all or any of the matters specified in clauses (c) to (g) of sub-section (2) and for this purpose any reference in those clauses to virginia tobacco shall be construed as including a reference to tobacco other than virginia tobacco. (4) 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 and such rules may in particular make provisions for ensuring that the Board functions in close liaison with Union agencies, institutions and authorities concerned with the tobacco industry (including growing of tobacco) and avoids duplication of effort. **9. Dissolution of the Board.—(1) The Central Government may, by notification in the Official** Gazette and for reasons to be specified therein, direct that the Board shall be dissolved from such date and for such period as may be specified in the notification: 1. Ins. by Act 36 of 1978, s. 3 (w.e.f. 30-8-1978). ----- Provided that before issuing any such notification, the Central Government shall give a reasonable opportunity to the Board to make representations against the proposed dissolution and shall consider the representations, if any, of the Board. (2) When the Board is dissolved under the provisions of sub-section (1),— (a) all members, notwithstanding that their term of office has not expired, 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 properties 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 REGULATION OF PRODUCTION AND DISPOSAL OF VIRGINIA TOBACCO **10. Registration of growers of virginia tobacco.—(1) No person shall grow virginia tobacco except** under, and in accordance with, the conditions of a certificate of registration obtained from the Board in accordance with the rules made under this Act. (2) In granting or refusing a certificate of registration, the Board shall have regard to the demand for virginia tobacco in India and abroad, and the suitability of the land in relation to which the certificate is applied for and such other factors as may, having regard to the needs of the virginia tobacco industry, be prescribed. (3) A certificate of registration granted in pursuance of this section shall be valid for such period as may be prescribed. (4) Every application for such certificate of registration shall be accompanied by such fees (not exceeding one rupee for 0.4 hectare of the land in relation to which such application has been made) as may be prescribed. 1[10A. Registration of growers of virginia tobacco seedlings for commercial purposes.—(1) No person shall grow virginia tobacco seedlings for commercial purposes unless he registers himself as a nursery grower with the Board in accordance with the rules made under this Act. _Explanation.—For the removal of doubts, it is hereby declared that nothing in this sub-section shall_ apply to the growing by a registered grower of any virginia tobacco seedlings for his own use. (2) No registered nursery grower shall sell or cause to be sold any virginia tobacco seedlings grown by him to any person other than a registered grower.] **11. Registration of curers of virginia tobacco.—No person other than a registered curer shall cure** or undertake the curing of virginia tobacco unless he registers himself as a curer with the Board in accordance with the rules made under this Act. 2[11A. Registration of processors and manufacturers of virginia tobacco, etc.—No person shall process virginia tobacco or manufacture products therefrom unless he registers himself as such processor or manufacturer, as the case may be with the Board in accordance with the rules made under this Act. **11B. Licences to be obtained for grading work and construction of barns etc.—No person** shall— (i) take up grading work relating to virginia tobacco for commercial purposes; or (ii) take up the construction and operation of a barn, unless he obtains a licence from the Board in accordance with the rules made under this Act. 1. Ins. by Act 57 of 1985, s. 4 (w.e.f. 1-12-1985). 2. Ins. by s. 5, ibid. (w.e.f. 1-12-1985). ----- _Explanation.—For the purposes of this section,—_ (i) “barn” means a building or structure with a roof of zinc sheets or tiles having flue pipes, furnace and tiers used for flue curing of tobacco leaves; (ii) “grading work” means separating tobacco leaves into specific grades on the basis of plant position, maturity, colour, body and blemish and in accordance with such specifications as may be prescribed.] **12. Registration of exporters, packers, auctioneers and dealers.—No person shall export tobacco** or any tobacco products or function as a packer, auctioneer of, or dealer in, tobacco unless he registers himself with the Board in accordance with the rules made under this Act. **13. Virginia tobacco to be sold at registered auction platforms.—No registered grower or curer** shall sell or cause to be sold virginia tobacco elsewhere than at an auction platform registered with the Board in accordance with the rules made under this Act [1][or established by the Board under this Act]. 2[13A. Duty of registered dealers and exporters to purchase at auction platforms, etc.—No registered dealer or registered exporter shall purchase or cause to be purchased virginia tobacco elsewhere— (a) than at an auction platform registered with the Board in accordance with the rules made under this Act or established by the Board under this Act; or (b) than from any other registered dealer or a registered grower or curer: Provided that in relation to any State in which the provisions of section 13 are not in force, the condition specified under clause (a) shall not apply. **13B. Duty of buyers of virginia tobacco at places other than auction platforms to refrain from** **certain unfair practices.—Every dealer who purchases virginia tobacco in any State in which the** provisions of section 13 are not in force,— (a) shall pay the full price for the whole quantity of virginia tobacco so purchased by him at the rate at which he agreed to purchase such tobacco and shall refrain from claiming any discount in the weight or other deductions in weight thereof or any deductions from the price as calculated in accordance with such rate; (b) shall pay the full price for virginia tobacco so purchased by him as calculated in accordance with the provisions of clause (a) as expeditiously as possible and in any case within such reasonable time as may be specified in this behalf by the Board; and (c) shall refrain from having recourse to any practices which the Board may, having regard to the need for protection of persons selling virginia tobacco in such State and all other relevant considerations, specify to be unfair practices.] **14. Application, cancellation, fees and other matters relating to registration.—The form of** application and the form of certificate of registration under section 10, the form of application [3][for registration of nursery growers for the purposes of section 10A, for registration of curers for the purposes of section 11, for registration of processors and manufacturers for the purposes of section 11A, for obtaining licences for taking up grading work or construction and operation of barns under section 11B], for registration of exporters, packers or auctioneers of, or dealers in, tobacco, for the purposes of section 12, and for registration of auction platforms for the purposes of section 13, the time within which and the manner in which such applications shall be made, the fees payable on such applications, the particulars to be specified therein, the principles and the procedure to be followed in granting and cancelling certificates of registration or the registration of auction platforms or, as the case may be, [4][the registration as nursery growers, curers, processors, exporters, packers or auctioneers of, or dealers in, 1. Ins. by Act 36 of 1978, s. 4 (w.e.f. 30-8-1978). 2. Ins. by Act 57 of 1985, s. 6 (w.e.f. 1-12-1985). 3. Subs. by s. 7, ibid., for “for registration of curers for the purposes of section 11” (w.e.f. 1-12-1985). 4. Subs. by s. 7, ibid., for certain words (w.e.f. 1-12-1985). ----- virginia tobacco or as manufacturers of the products of virginia tobacco or in granting licences under section 11B, the returns to be submitted and the registers to be maintained by registered growers, nursery growers, curers, processors, exporters, packers or auctioneers of, or dealers in, virginia tobacco or the registered manufacturers of the products of virginia tobacco or the persons licensed under section 11B and the registers to be kept by the Board shall be such as may be prescribed]. 1[14A. Power to levy fees.—(1) Where virginia tobacco is sold at any auction platform established by the Board under this Act, it shall be competent for the Board or for any officer of the Board authorised by it in this behalf to levy fees, for the services rendered by the Board in relation to such sale, at such rate not exceeding two per cent. of the value of such tobacco as the Central Government may, from time to time, by notification in the Official Gazette, specify. (2) The fees levied under sub-section (1) shall be collected by the Board or such officer, equally from the seller of the virginia tobacco and the purchaser of such tobacco, in such manner as may be prescribed.] **15. Power of inspection.—The Board may authorise any of its members, officers or other employees** to inspect in such manner as may be prescribed any land or premises to verify the accuracy of any particulars mentioned in any application or any return referred to in section 14. CHAPTER IV FINANCE, ACCOUNTS AND AUDIT **16. Grants and loans by the Central Government.—The Central Government may, after due** appropriation made by Parliament by law in this behalf, pay to the Board by way of grants or loans such sums of money as the Central Government may think fit for being utilised for the purposes of this Act. **17. Constitution of the Tobacco Fund.—(1) There shall be formed a Fund to be called the Tobacco** Fund and there shall be credited thereto— (a) the fees levied and collected under this Act or the rules made thereunder; (b) any sums of money paid or any loans granted by the Central Government for the purposes of this Act; (c) any grants or loans that may be made by any person for the purposes of this Act; (d) the sums, if any, realised by the Board in carrying out the measures referred to in section 8. (2) The Fund shall be applied— (a) for meeting the cost of the measures referred to in section 8; (b) for meeting the salaries, allowances and other remuneration of the officers and other employees of the Board; (c) for meeting the other administrative expenses of the Board; (d) for repayment of any loans. **18. Borrowing powers of the Board.—Subject to such rules as may be made in this behalf, the** Board shall have the power to borrow on the security of the Tobacco Fund or any other asset for carrying out the purposes of this Act. 2[18A. 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 aggregate in any year such amounts as may be prescribed.] 1. Ins. by Act 36 of 1978, s. 5 (w.e.f. 30-8-1978). 2. Ins. by Act 57 of 1985, s. 8 (w.e.f. 1-12-1985). ----- **19. Accounts and audit.—(1) The Board shall maintain proper accounts and other relevant records** and prepare an annual statement of accounts, including the [1][income and expenditure 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 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 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 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 CENTRAL GOVERNMENT **20. Power to prohibit or control import and export of tobacco and tobacco products.—(1) The** Central Government may, by order published in the Official Gazette, make provision for prohibiting, restricting or otherwise controlling the import or export of tobacco and tobacco products, either generally or in specified classes of cases. (2) All tobacco and tobacco products to which any order under sub-section (1) applies, shall be deemed to be goods of which the import or export has been prohibited under section 11 of the Customs Act, 1962 (52 of 1962), and all the provisions of that Act shall have effect accordingly. (3) If any person contravenes any order made under sub-section (1), he shall, without prejudice to any confiscation or penalty to which he may be liable under the provisions of the Customs Act, 1962 (52 of 1962), as applied by sub-section (2), be punishable with imprisonment for a term which may extend to one year, or with fine, or with both. 2[20A. Power of Central Government to authorise purchase of virginia tobacco.—Without prejudice to the provisions of clause (g) of sub-section (2) of section 8 and notwithstanding anything contained in any other provision of this Act, if the Central Government is satisfied that it is necessary or expedient so to do, it may, by order in writing and subject to such conditions and limitations as may be specified in the order, authorise any body or other agency to purchase virginia tobacco from the growers and dispose of the same in India or abroad.] **21. Directions by Central Government.—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. **22. Returns and reports.—(1) The Board 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 the tobacco industry, as the Central Government may, from time to time, require. (2) Without prejudice to the provisions of sub-section (1), the Board 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 programmes during the previous financial year. 1. Subs. by Act 57 of 1985, s. 9, for “profit and loss account” (w.e.f. 1-12-1985). 2. Ins. by s. 10, ibid. (w.e.f. 1-12-1985). ----- (3) A copy of the report received under sub-section (2) shall be laid, as soon as may be after it is received, before each House of Parliament. CHAPTER VI MISCELLANEOUS **23. Penalties.—Any person who, being required 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 five hundred rupees. **24. Penalties for obstructing a member, officer or other employee of the Board in the discharge** **of his duties and for failure to produce books and records.—Any person who—** (a) obstructs any member or any officer or other employee of the Board or any other person in the exercise of any power conferred, or in the discharge of any duty imposed, on him by or under this Act; or (b) having control over or custody of any account book or other record, fails to produce such book or record when required to do so by or under this Act, 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. **25. Other penalties.—Whoever contravenes or attempts to contravene or abets the contravention of** the provisions of this Act [1][or of any rules or regulations made thereunder] other than the provisions, punishment for the contravention whereof has been provided for in section 20 or section 23 or section 24, shall be punishable with imprisonment for a term which may [2][extend to two years, or with fine which may extend to five thousand rupees, or with both] and in the case of a continuing contravention with an additional fine which may extend to fifty rupees for every day during which such contravention continues after conviction for the first such contravention. **26. Offences by companies.—(1) Where an offence under this Act has been committed by a** company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment, 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 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. **27. Jurisdiction of court.—No court inferior to that of a Metropolitan Magistrate or a Magistrate of** the first class shall try any offence punishable under this Act. **28. Previous sanction of Central Government.—No prosecution for any offence punishable under** this Act shall be instituted except with the previous sanction of the Central Government. 1. Subs. by Act 57 of 1985, s. 11, for “or of any rules made thereunder” (w.e.f. 1-12-1985). 2. Subs. by s. 11, _ibid., for “extend to six months, or with fine which may extend to one thousand rupees, or with both”_ (w.e.f. 1-12-1985). ----- **29. Protection of action taken in good faith.—No suit, prosecution or other legal proceedings shall** lie against the Central Government, or the Board or any committee appointed by it, or any member of the Board or such committee, or any officer or other employee of the Central Government or of the Board or any agent of or any other person authorised by the Board, for anything which is in good faith done or intended to be done under this Act or the rules made thereunder. **30. 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, for such period as may be specified in the notification, the operation of all or any of the provisions of this Act, in all or any of the territories to which this Act extends. (2) Where the operation of any provision of this Act has, under sub-section (1), been suspended or relaxed, 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. (3) Every notification issued under this section 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 previous operation of the notification. **31. Application of other laws not barred.—The provisions of this Act shall be in addition to, and** not in derogation of, the provisions of any other law for the time being in force. **32. Power of Central Government 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 powers and functions of the Vice-Chairman of the Board; (b) the term of office and other conditions of service of members, the manner of filling vacancies among, and the procedure to be followed in the discharge of their functions by, members; (c) the powers which may be exercised and the duties which shall be performed by the Executive Director and the Secretary; (d) the circumstances in which and the authority by which a member may be removed; (e) the holding of a minimum number of meetings of the Board every year; (f) the procedure to be followed at the meetings of the Board for the conduct of business and the number of members which shall form a quorum at a meeting; (g) the maintenance by the Board of records of business transacted by the Board and the submission of copies thereof to the Central Government; 1[(ga) the specifications with regard to grading work referred to in section 11B;] (h) the matters referred to in section 14; 2[(hh) the manner of collection of fees under sub-section (2) of section 14A;] (i) the powers of the Board, its Chairman, the Executive Director and committees of the Board with respect to the incurring of expenditure; 1. Ins. by Act 57 of 1985, s. 12 (w.e.f. 1-12-1985). 2. Ins. by Act 36 of 1978, s. 6 (w.e.f. 30-8-1978). ----- (j) the conditions subject to which the Board may incur expenditure outside India; 1[(ja) the amounts for the purposes of the proviso to section 18A;] (k) the preparation of budget estimates of receipts and expenditure of the Board and the authority by which the estimates are to be sanctioned; (l) the form and manner in which the accounts should be maintained by the Board; (m) the deposit of the funds of the Board in banks and the investment of such funds; (n) the conditions to be observed by the Board in borrowing money; (o) the conditions subject to which, and the manner in which, contracts may be entered into by or on behalf of the Board; (p) the additional matters in respect of which the Board may undertake measures in the discharge of its functions; (q) the remuneration and other allowances payable to the person or persons referred to in clause (b) of sub-section (2) of section 9; (r) the form and manner of, and the particulars to be contained in, any returns or reports to be made to the Board under this Act; (s) the collection of any information or statistics in respect of tobacco or tobacco products; (t) any other matter which has to be, or may be, prescribed by, or provided for by rules under, this Act. (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. **33. Power to make regulations.—(1) The Board may make regulations not inconsistent with this Act** and the rules made thereunder for enabling it to discharge its functions under this Act. (2) Without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:— (a) the procedure to be followed at meetings of the committees appointed by the Board and the number of members which shall form a quorum at a meeting; (b) the delegation to the Chairman, members, Executive Director, Secretary or other officers of the Board, of any of the powers and duties of the Board under this Act; (c) the travelling and other allowances payable to persons associated under sub-section (8) of section 4 or co-opted under sub-section (2) of section 7; (d) the pay and allowances and leave and other conditions of service of officers (other than those appointed by the Central Government) and other employees of the Board; (e) the maintenance of the accounts of the Board; (f) the maintenance of the registers and other records of the Board and its various committees; (g) the appointment by the Board of agents to discharge, on its behalf, any of its functions; 1. Ins. by Act 57 of 1985, s. 12 (w.e.f. 1-12-1985). ----- (h) the persons by whom, and the manner in which, payments, deposits and investments may be made on behalf of the Board. 1[(i) the time within which full price for virginia tobacco shall be paid under clause (b), and the unfair practices for the purpose of clause (c), of section 13B.] (3) No regulation made by the Board shall have effect until it has been approved by the Central Government and published in the Official Gazette, and the Central Government, in approving a regulation, may make any change therein which appears to it to be necessary. (4) The Central Government may, by notification in the Official Gazette, cancel any regulation which it has approved and, thereupon, the regulation shall cease to have effect. 1[(5) 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 57 of 1985, s. 13 (w.e.f. 1-12-1985). -----

8-May-1975

20

The Tokyo Convention Act, 1975

https://www.indiacode.nic.in/bitstream/123456789/1743/1/A1975-20.pdf

central

# THE TOKYO CONVENTION ACT, 1975 ________ ARRANGEMENT OF SECTIONS __________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. CHAPTER II DEFINITIONS 2. Definitions. CHAPTER III OFFENCES 3. Application of criminal law to aircraft. 4. Provisions as to Extradition Act. 5. Powers of commander of aircraft. 6. Jurisdiction. 7. Provisions as to evidence in connection with aircraft. 8. Provisions as to documentary evidence. CHAPTER IV MISCELLANEOUS 9. Power to apply the provisions of Act with modifications to certain aircraft. 10. Contracting parties to Convention. 11. Power to treat certain aircraft to be registered in Convention country. 1 ----- # THE TOKYO CONVENTION ACT, 1975 ACT NO. 20 OF 1975 [8th _May, 1975.]_ # An Act to give effect to the Convention on offences and certain other acts committed on board aircraft. WHEREAS a Convention on offences and certain other acts committed on board aircraft was on the Fourteenth day of September, 1963, signed at Tokyo; AND WHEREAS it is expedient that India should accede to the said Convention and should make provisions for giving effect thereto; BE it enacted by Parliament in the Twenty-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 Tokyo Convention** Act, 1975. (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. CHAPTER II DEFINITIONS **2. Definitions.—(1) In this Act, unless the context otherwise requires,—** (a) “aircraft” means any aircraft, whether or not registered in India, other than— (i) a military aircraft; or (ii) an aircraft belonging to, or exclusively employed in the service of, the State; (b) “appropriate authority” means— (i) in relation to India, any police officer not below the rank of an Assistant Sub-Inspector or any Immigration Officer, and (ii) in relation to any other country, being a Convention country, any officer having functions corresponding to the functions in India either of a police officer not below the rank of an Assistant Sub-Inspector or of an Immigration Officer; (c) “commander”, in relation to an aircraft, means the member of the crew designated as commander of the aircraft by the operator thereof, or failing such a person, the person who is for the time being the pilot in command of the aircraft; (d) “Convention country” means a country in which the Tokyo Convention is for the time being in force; (e) “Indian registered aircraft” means an aircraft— (A) which is for the time being registered in India; 1. 1st January, 1976, vide notification No. S.O. 5426, dated 17th December, 1975, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 2 ----- (B) which is not for the time being registered in any country but in the case of which either the operator of the aircraft or each person entitled as owner to any legal or beneficial interest in it satisfies the following requirements, namely:— (i) that he is a person qualified to be owner of a legal or beneficial interest in an aircraft registered in India; and (ii) that he resides or has his principal place of business in India; or (C) Which, for the time being registered in any country other than India, is for the time being chartered by demise to a person who, or to persons each of whom, satisfies the requirements specified in sub-clause (B) (i) and (ii); (f) “military aircraft” means an aircraft of the naval, military or air force of any country and includes every aircraft, commanded by a person in naval, military or air force service, detailed for the purpose; (g) “operator”, in relation to an aircraft at any time, means the person who at that time has the management of the aircraft; (h) “pilot in command”, in relation to an aircraft, means a person who for the time being is in charge of the piloting of the aircraft without being under the direction of any other pilot in the aircraft and responsible for the operation and safety of the aircraft during flight time; (i) “Tokyo Convention” means the Convention on offences and certain other acts committed on board aircraft signed at Tokyo on the Fourteenth day of September, 1963; (j) any reference to a country or to the territorial limits thereof shall be construed as including a reference to the territorial waters, if any, of that country, and any reference to an aircraft in flight shall include a reference to an aircraft during any period when it is on the surface of the sea or land but not within the territorial limits of any country. (2) For the purposes of this Act, the period during which an aircraft is in flight shall be deemed to include any period from the moment when power is applied for the purpose of the aircraft taking off on a flight until the moment when the landing run, if any, at the termination of that flight ends; and for the purpose of section 5 the aforesaid period shall also be deemed to include— (i) any further period from the moment when all external doors, if any, of the aircraft are closed following embarkation for a flight until the moment when any such door is opened for disembarkation, after that flight; (ii) if the aircraft makes a forced landing, any period thereafter until the time— (a) in a case where the forced landing takes place in India, when the appropriate authority arrives at the place of such forced landing; and (b) in any other case, when the appropriate authority takes over the responsibility for the aircraft and for the persons and property on board the aircraft. CHAPTER III OFFENCES **3. Application of criminal law to aircraft.—(1) Any act or omission taking place on board an** Indian registered aircraft while in flight elsewhere than in or over India which, if taking place in India, would constitute an offence under any law in force in India shall constitute that offence: Provided that this sub-section shall not apply to any act or omission which is expressly or impliedly authorised by or under any law of a country outside India, where the aircraft is in flight. (2) No proceedings for an offence under any law in force in India, committed on board an aircraft while in flight elsewhere than in or over India (other than an offence under the Aircraft Act, 1934 [22 of 1934]) shall be instituted except by or with the consent of the Central Government. 3 ----- (3) Nothing contained in sub-section (2) shall prevent the arrest, or the issue of a warrant for the arrest, of any person in respect of any offence, or the remanding in custody or on bail of any person charged with any offence. **4. Provisions as to Extradition Act.—For the purposes of application of the Extradition** Act, 1962 (34 of 1962), to crimes committed on board an aircraft in flight, any aircraft registered in a Convention country shall, at any time while that aircraft is in flight, be deemed to be within the jurisdiction of that country, whether or not it is for the time being also within the jurisdiction of any other country. **5. Powers of commander of aircraft.—(1) If the commander of an aircraft in flight, wherever the** aircraft may be, has reasonable grounds to believe in respect of any person on board the aircraft— (a) that the person in question has done or is about to do any act on the aircraft while it is in flight which jeopardises or may jeopardise— (i) the safety of the aircraft or of persons or property on board the aircraft; or (ii) the good order and discipline on board the aircraft; or (b) that the person in question has done on the aircraft while in flight any act which in the opinion of the commander is an offence under any law in force in the country in which the aircraft is registered, not being a law of a political nature or based on racial or religious discrimination, then, subject to the provisions of sub-section (4), the commander may take with respect to that person such reasonable measures, including restraint of his person, as may be necessary— (i) to protect the safety of the aircraft or of persons or property on board the aircraft; or (ii) to maintain good order and discipline on board the aircraft; or (iii) to enable the commander to disembark or deliver that person in accordance with the provisions of sub-section (5). (2) The aircraft commander may require the assistance of other crew members and may request, but not require, the assistance of passengers or authorise other crew members and passengers, to restrain any person whom he is entitled to restrain. (3) Any crew member or passenger may also take reasonable preventive measures without any authorisation under sub-section (2) when he has reasonable grounds to believe that such action is immediately necessary to protect the safety of the aircraft, or of persons or property therein. (4) Any restraint imposed on any person on board an aircraft under the powers conferred by the foregoing provisions of this section shall not be continued after the time when the aircraft first thereafter ceases to be in flight unless before or as soon as is reasonably practicable after that time, the commander of the aircraft causes notification of the fact that a person on board the aircraft is under restraint and of the reasons therefor to be sent to the appropriate authority of the country in which the aircraft so ceases to be in flight, but subject to such notification may be continued after that time— (a) for any period (including the period of any further flight) between that time and the first occasion thereafter on which the commander is able with any requisite consent of the appropriate authorities to disembark or deliver the person under restraint in accordance with the provisions of sub-section (5); or (b) if the person under restraint agrees to continue his journey under restraint on board that aircraft. (5) The commander of an aircraft,— (a) if, in the case of any person on board the aircraft, he has reasonable grounds— (i) to believe as mentioned in clause (a) of sub-section (1); and 4 ----- (ii) to believe that it is necessary so to do in order to protect the safety of the aircraft or of persons or property on board the aircraft or to maintain good order and discipline on board the aircraft, may disembark that person in any country in which that aircraft may be; and (b) if, in the case of any person on board the aircraft, he has reasonable grounds to believe as mentioned in clause (b) of sub-section (1), may deliver that person to the appropriate authority. (6) The commander of an aircraft— (a) if he disembarks any person in pursuance of clause (a) of sub-section (5), in the case of an Indian registered aircraft, in any country or, in the case of any other aircraft, in India, shall report the fact of, and the reasons for, that disembarkation to— (i) the appropriate authority in the country of disembarkation; and (ii) the appropriate diplomatic or consular officer of the country of nationality of that person; (b) if he intends to deliver any person in pursuance of clause (b) of sub-section (5) in India, or in the case of an Indian registered aircraft, in any other country which is a Convention country, shall before or as soon as reasonably practicable after landing give notification of his intention and of the reasons therefor— (i) to the appropriate authority; and (ii) in either case, to the appropriate diplomatic or consular officer of the country of nationality of that person, and any commander of an aircraft who without reasonable cause fails to comply with the requirements of this sub-section shall be liable on summary conviction to a fine not exceeding one thousand rupees. **6. Jurisdiction.—(1) For the avoidance of doubt, it is hereby declared that for the purpose of any** proceedings before a court in India, any court having jurisdiction in respect of piracy committed on the high seas shall have jurisdiction in respect of offences and other acts committed on board an aircraft as described in this Act wherever that offence or act is committed. (2) For the purposes of conferring jurisdiction, an offence under any law in force in India, committed on board an aircraft in flight shall be deemed to have been committed in any place in India where the offender may for the time being be. **7. Provisions as to evidence in connection with aircraft.—(1) Where in any proceedings before a** court in India for an offence or other act committed on board an aircraft the testimony of any person is required and the court is satisfied that the person in question cannot be found in India, there shall be admissible in evidence before that court any deposition relating to the subject matter of those proceedings previously made on oath by that person outside India which was so made— (a) in the presence of the person charged with the offence; and (b) before a judge or a magistrate of a country such as is mentioned in the First Schedule to the Citizenship Act, 1955 (57 of 1955) or before a consular officer of the Central Government. (2) Any such deposition shall be authenticated by the signature of the judge, magistrate or consular officer before whom it was made and he shall certify that the person charged with the offence was present at the taking of the deposition. (3) It shall not be necessary in any proceedings to prove the signature or official character of the person appearing so to have authenticated any such deposition or to have given such a certificate, and such a certificate shall, unless the contrary is proved, be sufficient evidence in any proceedings that the person charged with the offence was present at the making of the deposition. (4) If a complaint is made to such a consular officer as aforesaid that any offence has been committed on an Indian registered aircraft while in flight elsewhere than in or over India, that officer may enquire into the case upon oath. 5 ----- (5) In this section— (a) the expression “deposition” includes an affidavit, affirmation or statement made upon oath; and (b) the expression “oath” includes an affirmation or declaration in the case of persons allowed by law to affirm or declare instead of swearing, and noting contained in this section shall prejudice the admission as evidence of any deposition which is admissible in evidence apart from this section. **8. Provisions as to documentary evidence.—(1) In any legal proceedings under this Act, a** document published by the Ministry of the Central Government dealing with Civil Aviation and purporting to be the publication known as “Aeronautical Information Publication” or a publication of the series known as “Notam” and “Aeronautical Information Circular” shall be evidence of the matters appearing from that document. (2) Any message or signal transmitted to or received from an aircraft which relates to the position of the aircraft will be treated as evidence of certain records and shall apply to any legal proceedings. CHAPTER IV MISCELLANEOUS **9. Power to apply the provisions of Act with modifications to certain aircraft.—The Central** Government may, by notification in the Official Gazette, direct that all or any of the provisions of this Act shall apply to an aircraft referred to in sub-clause (B) of clause (e) of sub-section (1) of section 2, subject to such modifications as may be specified in the notification. **10. Contracting parties to Convention.—The Central Government may, by notification in the** Official Gazette, certify as to who are the contracting parties to the Tokyo Convention and to what extent they have availed themselves of the provisions of the Convention, and any such notification by the Central Government shall be conclusive evidence of the matters certified therein. **11. Power to treat certain aircraft to be registered in Convention country.—If the Central** Government is satisfied that the requirements of Article 18 of the Tokyo Convention have been satisfied in relation to any aircraft, it may, by notification in the Official Gazette, direct that such aircraft shall, for the purposes of this Act, be treated as registered in such Convention country as may be specified in the notification. 6 -----

9-May-1975

22

The Rampur Raza Library  Act, 1975

https://www.indiacode.nic.in/bitstream/123456789/1735/1/197522.pdf

central

# THE RAMPUR RAZA LIBRARY ACT, 1975 _______ ARRANGEMENT OF SECTIONS ________ CHAPTER I PRELIMINARY SECTIONS 1. Short title and commencement. 2. Declaration of Rampur Raza Library as an institution of national importance. 3. Definitions. CHAPTER II RAMPUR RAZA LIBRARY BOARD 4. Establishment and incorporation of Board. 5. Composition of Board. 6. Term of office and fresh nomination in certain cases. 7. Vacancies, etc., not to invalidate acts. 8. Duty of Government nominating persons. 9. Meetings of Board. 10. Temporary association of persons with Board for particular purposes. 11. Authentication of orders and other instruments of Board. 12. Staff of Board. 13. Transfer of service of existing employees to Board. 14. Location of library. CHAPTER III PROPERTY, LIABILITIES AND FUNCTIONS OF BOARD 15. Properties and liabilities of Board. 16. Duties of Board. 17. Powers of Board. CHAPTER IV FINANCE, ACCOUNTS, AUDIT AND REPORTS 18. Grants by Central Government to Board. 19. Fund of Board. 20. Budget. 21. Accounts and audit. 22. Returns and reports. CHAPTER V MISCELLANEOUS 23. Power of Central Government to issue directions to Board. 1 ----- SECTIONS 24. Delegation of powers and duties. 25. Officers and employees of Board to be public servants. 26. Protection of action taken under the Act. 27. Power of Central Government to make rules. 28. Power of Board to make regulations. 29. Act to override other enactments and instruments. 2 ----- # THE RAMPUR RAZA LIBRARY ACT, 1975 ACT NO. 22 OF 1975 [9th May, 1975.] # An Act to declare the Rampur Raza Library to be an institution of national importance and to provide for its administration and matters connected therewith or incidental thereto. BE it enacted by Parliament in the Twenty-sixth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title and commencement.—(1) This Act may be called the Rampur Raza Library Act, 1975.** (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 Rampur Raza Library as an institution of national importance.—It is hereby** declared that the Rampur Raza Library, at Rampur, is an institution of national importance. **3. Definitions.—In this Act, unless the contest otherwise requires,—** (a) “Board” means the Board established under section 4; (b) “Chairman” means the Chairman of the Board; (c) “deed of trust” means the deed of trust executed by the late Nawab Sir Syed Raza Ali Khan Bahadur of Rampur, on the 6th August, 1951, and registered as No. 103, Book IV, Volume No. 8, on pages 74 to 93 of the Office of the officiating Chief Sub-Registrar, Rampur; (d) “Fund” means the Fund referred to in section 19; (e) “library” means the Rampur Raza Library, which is declared by this Act to be an institution of national importance; (f) “member” means a member of the Board and includes the Chairman, and also includes the Vice-Chairman, if any; (g) “prescribed” means prescribed by rules made under this Act; (h) “Rampur” means the headquarters of the District of Rampur in the State of Uttar Pradesh; (i) “State Government” means the Government of the State of Uttar Pradesh. CHAPTER II RAMPUR RAZA LIBRARY BOARD **4. Establishment and incorporation of Board.—(1) With effect from such date as the Central** Government may, by notification in the Official Gazette, appoint, there shall be established, for the purposes of this Act, a Board, to be known as the “Rampur Raza Library Board”. (2) The Board shall be a body corporate with the name aforesaid, having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property and to contract, and may, by that name, sue and, be sued. **5. Composition of Board.—(1) The Board shall consist of the following persons, namely:—** (a) the Governor of the State of Uttar Pradesh, ex officio, who shall be the Chairman; 1. 1st July, 1975, _vide_ notification No. G.S.R. 354(E), dated 26th June, 1975, _see Gazette of India, Extraordinary, Part II,_ sec. 3(i). 3 ----- (b) Shri Syed Murtaza Ali Khan, for life, who shall be the Vice-Chairman; (c) Colonel Bashir Hussain Zaidi, for life; (d) the Accountant-General, Uttar Pradesh, ex officio; (e) a descendant of the late Nawab Sir Syed Raza Ali Khan Bahadur of Rampur, to be nominated by the Central Government; (f) four persons to be nominated by the Central Government, out of whom— (i) two shall be persons who, in the opinion of the Central Government, have expert knowledge with regard to the collections in the library or are distinguished historians or scholars of Arabic, Persian or Urdu, (ii) one shall be an officer, not below the rank of a Deputy Secretary to the Government of India in the Department dealing with matters connected with the library, (iii) one shall be a person who, in the opinion of the Central Government, has expert knowledge of, and experience in, management of public libraries; (g) the Collector and District Magistrate, Rampur, ex officio; (h) three other persons, of whom at least two shall be scholars of repute, to be nominated by the State Government; (i) the Director of the Library, ex officio, who shall be the Member-Secretary. (2) Every nomination made under this section shall be notified by the Central Government in the Official Gazette and every nomination so notified shall take effect from the date of the notification. **6. Term of office and fresh nomination in certain cases.—(1) The term of office of nominated** members shall be such as may be prescribed. (2) Any nominated member may resign his office by giving notice in writing to the Government nominating him, and on such resignation being notified by the Central Government in the Official Gazette, he shall be deemed to have vacated his office on the date of publication of such notification. (3) If the office of any nominated member is vacated before the expiry of the term of his office, the resulting vacancy may be filled by fresh nomination by the Government by which such member was nominated, and the member so nominated shall hold office for the remainder of the term of office of the member in whose place he is nominated. (4) An outgoing member shall be eligible for re-nomination. (5) If any nominated member is, by infirmity or otherwise, rendered temporarily incapable of carrying out his duties or is absent on lave or otherwise in circumstances not involving the vacation of his office, the Central Government or the State Government, as the case may be, may nominate another person to act in his place during his absence. **7. Vacancies, etc., not to invalidate acts.—No act of the Board shall be invalid merely by** reason of— (a) any vacancy in, or defect in the constitution of, the Board, or (b) any defect in the nomination of a person acting as a member thereof, or (c) any irregularity in its procedure not affecting the merits of the case. **8. Duty of Government nominating persons.—(1) Before nominating a person to be a member of** the Board, the Central Government or the State Government, as the case may be, shall satisfy itself that the person will have no such financial or other interest as is likely to affect prejudicially the exercise or performance by him of his functions as a member, and the Central Government or the State Government, as the case may be, shall also satisfy itself from time to time with respect to every member nominated by it that he has no such interest; and any person who is or whom the Central Government or the State Government, as the case may be, proposes to nominate and who has consented to be a member shall, 4 ----- whenever requested by the Central Government or the State Government so to do, furnish to it such information with regard to his financial or other interest in the library as that Government considers necessary for the performance by it of its duties under this sub-section. (2) A nominated member 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 or on behalf of the Board shall, as soon as possible, after relevant circumstances have come to his knowledge, disclose the nature of his concern or interest at a meeting of the Board and the disclosure shall be recorded in the minutes of the Board and the member shall not take any part after such disclosure in the discussion, or vote, on the contract or arrangement; and if he does vote, his vote shall be void. **9. Meetings of Board.—(1) The Board shall meet at such times and places and shall, subject to the** provisions of sub-sections (2), (3) and (4), observe such rules of procedure in regard to the transaction of business at its meetings (including the quorum at meetings) as may be provided by regulations made under this Act. (2) The Chairman or, in his absence, the Vice-Chairman, if any, or in the absence of both, any member chosen by the members present from amongst themselves, shall preside at a meeting of the Board. (3) If an officer of Government who is nominated as a member of the Board by virtue of his office is unable to attend any meeting of the Board, he may, with the previous approval of the Chairman, authorise in writing, any person to attend that meeting, but the person so authorised shall not be entitled to vote at that meeting. (4) All questions at a meeting of the Board shall be decided by a majority of the votes of the members present and voting and in the case of an equality of votes, the Chairman or, in his absence, the Vice-Chairman, if any, or, in the absence of both, the member presiding; shall have a second or casting vote. **10. 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 provided by regulations made under this Act, any person whose assistance or advice it may desire to have with regard to the performance of any of its functions under this Act. (2) A person associated with it by the Board under sub-section (1) for any purpose shall have the right to take part in the discussions of the Board relating to that purpose, but shall not, by virtue of this section, be entitled to vote. **11. Authentication of orders and other instruments of Board.—(1) All orders and decisions of the** Board shall be authenticated by the signature of the Chairman or the Vice-Chairman, if any, or any other member authorised by the Board in this behalf, and all other instruments issued by the Board shall be authenticated by the signature of an officer of the Board authorised in like manner in this behalf. (2) Orders, decisions or instruments authenticated in accordance with the provisions of sub-section (1) shall be evidence of the matter recorded therein and shall be admissible in evidence notwithstanding anything contained in the Indian Evidence Act, 1872 (1 of 1872), or in any other law for the time being in force. (3) Any member, officer or other employee of the Board or any other person interested in the library shall be entitled to be furnished, within seven days after he has made a request in that behalf to the library, with a copy of the order, decision or instrument authenticated in the manner specified in sub-section (1), on payment of such fee as may be prescribed. **12. Staff of Board.—(1) Subject to the provisions of sub-section (2), the Board may, for the purpose** of enabling it efficiently to perform its functions under this Act, appoint such number of officers and other employees as it may think fit. 5 ----- (2) The recruitment and conditions of service of such officers and employees shall be such as may be provided by regulations made under this Act. **13. Transfer of service of existing employees to Board.—Subject to the provisions of this Act,** every person employed in the library immediately before the date of establishment of the Board shall, on and from such date, become an employee of the Board with such designation as the Board may determine and shall hold his office or service therein by the same tenure, at the same remuneration and upon the same terms and conditions as he would have held the same on such date if the Board had not been established and shall continue to do so unless and until his employment in the Board is duly terminated or until such tenure, remuneration and terms and conditions are duly altered by the Board: 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. **14. Location of library.—The library and the collections thereof shall continue to be located at** Rampur. CHAPTER III PROPERTY, LIABILITIES AND FUNCTIONS OF BOARD **15. Properties and liabilities of Board.—(1) On the establishment of the Board—** (i) all properties, funds and dues which are vested in, or realisable by, the trustees of the library constituted by the deed of trust, in their capacity as such, shall vest in, and be realisable by, the Board; and (ii) all liabilities in relation to the library, which are enforceable against the said trustees, shall be enforceable only against the Board. (2) All properties, which may, after the establishment of the Board, be given, bequeathed or otherwise transferred to the library or acquired by the Board, shall vest in the Board. **16. Duties of Board.—(1) Subject to the provisions of the deed of trust, it shall be the general duty of** the Board to manage the library and to plan, promote, organise and implement programmes for the development of the library on modern scientific lines (including provision of adequate facilities for preservation and photo-duplication of rare manuscripts) and to perform such other functions as the Central Government may, from time to time, assign to the Board. (2) In particular and without prejudice to the generality of the foregoing provisions, the Board may take such steps as it thinks fit— (a) to provide for instruction and research in matters relating to libraries and for the advancement of learning and dissemination of knowledge in such matters; (b) to protect, enlarge and improve the collections in the library; (c) to promote study and research and to provide facilities to scholars for this purpose; (d) to do all such other things as may be necessary for the discharge of its functions under this Act. **17. Powers of Board.—(1) Subject to such conditions and restrictions as the Central Government** may think fit to impose, the Board may exercise all such powers as may be necessary or expedient for the purpose of carrying out its functions and duties under this Act. (2) Subject to such regulations as may be made by the Board in this behalf, the Board may, from time to time, purchase or otherwise acquire such manuscripts, books, articles or things as may, in the opinion of the Board, be worthy of preservation in the library. 6 ----- CHAPTER IV FINANCE, ACCOUNTS, AUDIT AND REPORTS **18. Grants by Central Government to Board.—For the purpose of enabling the Board to discharge** its functions efficiently under this Act, the Central Government may, after due appropriation made by Parliament by law in this behalf, pay to the Board in each financial year such sums of money as that Government considers necessary by way of grant, loan or otherwise. **19. Fund of Board.—(1) The Board shall maintain a Fund to which shall be credited—** (a) all moneys paid to it by the Central Government; (b) such sums of money as the State Government may pay annually for specified purposes; (c) all fees and other charges levied by it under this Act; (d) all moneys received by the Board by way of grant, gift, donation, benefaction, bequest, subscription, contribution or transfer; (e) all other money received by the Board in any other manner or from any other source. (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. (3) A sum of money, not exceeding such sum as may be specified by regulations made under this Act, shall be kept in current account with any nationalised bank, or any other scheduled or other bank approved by the Central Government in this behalf, but any moneys in excess of that sum shall be deposited in the Reserve Bank of India or with the agents of the Reserve Bank of India or invested in such manner as may be generally or specially approved by the Central Government. _Explanation.—In this sub-section,—_ (a) “nationalised bank” means a corresponding new bank as defined in the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970); (b) “scheduled bank” means a bank included for the time being in the Second Schedule to the Reserve Bank of India Act, 1934 (2 of 1934). **20. Budget.—(1) The Board shall, by such date in each financial year as may be specified by the** Central Government, submit to it for approval a budget for the next financial year in the form specified by that Government, showing therein the estimated receipts and expenditure, and the sums which would be required from the Central Government during that financial year. (2) The budget for a financial year, as approved by the Central Government for any financial year, shall be the budget of the library for that financial year. (3) If any sum granted by the Central Government to the library for any financial year remains wholly or partly unspent in that financial year, the unspent sum may be carried forward to the next financial year and taken into account in determining the sum to be provided for by the Central Government for that year. (4) Subject to the provisions of sub-section (5), no sum shall be expended by or on behalf of the Board, unless the expenditure is covered by provision in the budget proved by the Central Government. (5) Subject to such conditions and restrictions as the Central Government may think fit to impose, the Board may sanction any re-appropriation from one head of expenditure to another or from a provision made for one purpose to that for another purpose. **21. Accounts and audit.—(1) The Board shall maintain proper accounts and other relevant records** and prepare an annual statement of accounts, including the balance-sheet in such form as may be specified, in accordance with such general directions as may be issued by the Central Government in consultation with the Comptroller and Auditor-General of India. 7 ----- (2) The accounts of the Board shall be audited annually by the Comptroller and Auditor-General of India or any officer authorised by him in this behalf, and any expenditure incurred by him in connection with such audit shall be payable by the Board to the Comptroller and Auditor-General of India. (3) The Controller and Auditor-General of India and any person authorised 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 the office of the Board, and the library. (4) The accounts of the Board, as certified by the Comptroller and Auditor-General of India or any other person authorised by him in this behalf, together with the audit report thereon, shall be forwarded annually to the Central Government and that Government shall, as soon as may be after the receipt thereof, cause the same to be laid before each House Parliament. **22. Returns and reports.—(1) The Board shall furnish to the Central Government, at such time and** in such form and in such manner as the Central Government may direct, such returns, statements and particulars as the Central Government may, from time to time, require. (2) Without prejudice to the provisions of sub-section (1), the Board shall, as soon as possible after the commencement of each financial year, submit to the Central Government, within such time as may be specified by the Central Government, a report giving true giving true and full account of the activities of the Board during the previous financial year and an account of activities likely to be undertaken during the current financial year. CHAPTER V MISCELLANEOUS **23. Power of Central Government to issue directions to Board.—In the discharge of its functions** under this Act, the Board shall be bound by such directions on questions of policy as the Central Government may give to it from time to time: Provided that the Board shall be given an opportunity to express its views before any direction is given to it under this sub-section. **24. Delegation of powers and duties.—The Board may, by general or special order in writing, direct** that all or any of the powers or duties, which may be exercised or discharged by it, shall, in such circumstances and under such conditions, if any, as may be specified in the order, be exercised or discharged also by any member, officer or employee of the Board specified in this behalf in the order. **25. Officers and employees of Board to be public servants.—Every officer or employee of the** Board shall, when acting or purporting to act in pursuance of the provisions of this Act or of any rule or regulation made thereunder, be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1960). **26. Protection of action taken under the Act.—No suit, prosecution or other legal proceeding shall** lie against the Board or any member, officer or other employee of the Board for anything which is in good faith done or intended to be done in pursuance of this Act or of any rule or regulation made thereunder. **27. Power of Central Government 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: Provided that when the Board has been established, no such rules shall be made without consulting the Board. (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 of, and the manner of filling casual vacancies among, the members nominated under clause (e), clause (f) or clause (h) of sub-section (1) of section 5; 8 ----- (b) the travelling and other allowances payable to a member other than the Chairman and to a person associated with the Board under section 10; (c) the disqualifications for membership of the Board and the procedure to the followed in removing a member who is or becomes subject to any disqualification; (d) the conditions subject to which, and the mode in which, contracts may be entered into by or on behalf of the Board; (e) any other matter which has 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. **28. Power of Board to make regulations.—(1) The Board may, with the previous approval of the** Central Government, [1][by notification in the Official Gazette,] make regulations, not inconsistent with the provisions of this Act and the rules made thereunder, with regard to the discharge of 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 conditions and restrictions subject to which manuscripts and books in the library may be used; (b) the manner in which, and the purposes for which, persons may be associated with the Board; (c) the time and place of meetings of the Board, the procedure to be followed in regard to the transaction of business at such meetings and the quorum necessary for the transaction of business at a meeting of the Board; (d) the maintenance of minutes of meetings of the Board and the transmission of copies thereof to the Central Government; (e) the recruitment and conditions of service of officers and other employees of the Board; (f) the persons by whom, and the manner in which, payments, deposits and investments may be made on behalf of the Board; (g) the maximum amount that may be kept by the Board in a current account; (h) the maintenance of registers and accounts; (i) the compilation of catalogues and inventories of the manuscripts, books and other articles and things in the library; (j) the steps to be taken for the preservation of the manuscripts, books and other articles and things in the library; (k) the general management of the library; (l) the fees and other charges to be levied for the use of any manuscript or book in the library; (m) any other matter in respect of which provisions is, in the opinion of the Board, necessary for the performance of its functions under this Act. 1. Ins. by Act 52 of 1981, s. 2 (w.e.f. 24-12-1981). 9 ----- (3) The Central Government may, after consultation with the Board, by notification in the Official Gazette, amend, vary or rescind any regulation which it has approved and thereupon the regulation shall have effect as so amended or varied or be of no effect, as the case may be, but without prejudice to the exercise of the powers of the Board under sub-sections (1) and (2). 1[(4) 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.] **29. Act to override other enactments, and instruments.—The provisions of this Act shall have** effect notwithstanding anything inconsistent therewith contained in any law other than this Act for the time being in force or any instrument having effect any virtue of any enactment other than this Act. 1. Ins. by Act 52 of 1975, s. 2 (w.e.f. 24-12-1981). 10 -----

7-Aug-1975

43

The Delhi Sales Tax Act, 1975

https://www.indiacode.nic.in/bitstream/123456789/1637/1/197543.pdf

central

# THE DELHI SALES TAX ACT, 1975 _______ ARRANGEMENT OF SECTIONS ________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. CHAPTER II INCIDENCE AND LEVY OF TAX 3. Incidence of tax. 4. Rate of tax. 5. Power of Administrator to prescribe points at which goods may be taxed. 6. Burden of proof. 7. Tax-free goods. 8. Certain sales and purchases not liable to tax. CHAPTER III SALES TAX AUTHORITIES AND APPELLATE TRIBUNAL 9. Sales tax authorities. 10. Delegation of Commissioner’s powers. 11. Power to transfer proceedings. 12. Disputes regarding territorial jurisdiction. 13. Appellate Tribunal. CHAPTER IV REGISTRATION, AMENDMENT AND CANCELLATION 14. Registration. 15. Voluntary registration. 16. Provisional registration. 17. Special registration. 18. Security from certain class of dealers. 19. Amendment of certificate of registration. 20. Cancellation of certificate of registration. CHAPTER V RETURNS, ASSESSMENT, RECOVERY AND REFUND OF TAX 21. Periodical payment of tax and filing of returns. 22. Collection of tax only by registered dealers. 23. Assessment. 1 ----- SECTIONS 24. Turnover escaping assessment. 25. Payment and recovery of tax. 26. Continuation of certain recovery proceedings. 27. Interest. 28. Special model of recovery. 29. Lump sum payment of tax. 30. Refund. 31. Set-off. CHAPTER VI LIABILITY IN SPECIAL CASES 32. Liability in case of transfer of business. 33. Liability in case of company in liquidation. 34. Liability of partners of firm to pay tax. 35. Liability of guardians, trustees, etc. 36. Liability of Court of Wards, etc. 37. Liability in other cases. CHAPTER VII LIABILITY TO PRODUCE ACCOUNTS AND SUPPLY OF INFORMATION 38. Accounts. 39. Memoranda of sales. 40. Information to be furnished regarding change of business. 41. Production and inspection of accounts and documents and search of premises. 42. Power of Commissioner and other authorities to take evidence on oath, etc. CHAPTER VIII APPEALS, REFERENCE AND REVISION 43. Appeals. 44. Non-appealable orders. 45. Statement of case to the High Court. 46. Revision of orders prejudicial to revenue. 47. Revision of other orders. 48. Rectification of mistakes. 49. Determination of disputed questions. CHAPTER IX OFFENCES AND PENALTIES 50. Offences. 51. Offences by companies. 2 ----- SECTIONS 52. Cognizance of offences. 53. Investigation of offences. 54. Composition of offences. 55. Imposition of Penalty. 56. Penalty for concealment of sales or furnishing inaccurate particulars or making false representations. 57. Penalty for contravening provisions regarding collection of tax by dealers. CHAPTER X MISCELLANEOUS 58. Service of notice when family is disrupted or firm is dissolved. 59. Service of notice in the case of discontinued business. 60. Appearance before any authority in proceedings. 61. Change of an incumbent of an office. 62. Extension of period of limitation in certain cases. 63. Returns, etc., to be confidential. 64. Setting up of check-posts and barriers. 65. Publication of names, etc., of dealers whose certificates of registration are cancelled. 66. Exemptions. 67. Bar of suits in civil courts. 68. Transfers during pendency of proceedings void. 69. Chapter XXXVI of the Code of Criminal Procedure, 1973, not to apply to certain offences. 70. Application of the provisions of the Delhi Land Reforms Act, 1954 for purposes of recovery of sales tax recoverable as arrears of land revenue. 71. Power to make rules. 72. Rules to be laid before Parliament. 73. Repeal and savings. 74. Removal of difficulties. 75. Transitional provisions. THE FIRST SCHEDULE. THE SECOND SCHEDULE. THE THIRD SCHEDULE. 3 ----- # THE DELHI SALES TAX ACT, 1975 ACT NO. 43 OF 1975 [7th August, 1975.] # An Act to consolidate and amend the law relating to the levy of tax on sale of goods in the Union territory of Delhi. BE it enacted by Parliament in the Twenty-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 Delhi Sales Tax** Act, 1975. (2) It extends to the whole of the Union territory of Delhi. (3) It shall come into force on such date[1] as the Administrator may, by notification in the Official Gazette, appoint. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “Administrator” means the Administrator of Delhi appointed by the President under article 239 of the Constitution; (b) “Appellate Tribunal” means the Appellate Tribunal constituted under section 13; (c) “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, 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; (d) “Commissioner” means the Commissioner of Sales Tax appointed under sub-section (1) of section 9; (e) “dealer” means any person who carries on business of selling goods in Delhi and includes— (i) the Central Government or a State Government carrying on such business; (ii) an incorporated society (including a co-operative society), club or association which sells or supplies goods, whether or not in the course of business, to its members for cash or for deferred payment or for commission, remuneration or other valuable consideration; (iii) a manager, factor, broker, commission agent, del credere agent, or any mercantile agent, by whatever name called, and whether of the same description as hereinbefore mentioned or not, who sells goods belonging to any principal whether disclosed or not; and (iv) an auctioneer who sells or auctions 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; (f) “Delhi” means the Union territory of Delhi; (g) “goods” includes all materials, articles, commodities and all other kinds of moveable property, but does not include newspapers, actionable claims, stocks, shares, securities or money; 1. 21st October, 1975, vide Delhi Administrator notification No. F. 4-61-1975- F in (General) (i), dated 10th October, 1975, Published in Delhi, see Gazette of India, Extraordinary, dated 10th October, 1975, Part IV. 4 ----- (h) “manufacture”, with its grammatical variations and cognate expressions, means producing, making, extracting, altering, ornamenting, finishing or otherwise processing, treating or adapting any goods, but does not include any such process or mode of manufacture as may be prescribed; (i) “Official Gazette” means the Delhi Gazette; (j) “prescribed” means prescribed by rules made under this Act; (k) “registered” means registered under this Act; (l) “sale”, with its grammatical variations and cognate expressions, means any transfer of property in goods by one person to another for cash or for deferred payment or for other valuable consideration, and includes— (i) a transfer of goods on hire-purchase or other system of payment by instalments, but does not include a mortgage or hypothecation of, or a charge or pledge on, goods; (ii) supply of goods by a society (including a co-operative society), club, firm or any association to its members for cash or for deferred payment, or for commission, remuneration or other valuable consideration, whether or not in the course of business; and (iii) transfer of goods by an auctioneer referred to in sub-clause (iv) of clause (e); (m) “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 trade, but inclusive of any sum charged for anything done by the dealer in respect of 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; (n) “tax” means sales tax payable under this Act; (o) “turnover” means the aggregate of the amounts of sale price receivable, or, if a dealer so elects, actually received by the dealer, in respect of any sale of goods made during any prescribed period in any year after deducting the amount of sale price, if any, refunded by the dealer to a purchaser in respect of any goods purchased and returned by the purchaser within the prescribed period: Provided that an election as aforesaid once made shall not be altered except with the permission of the Commissioner and on such terms and conditions as he may think fit to impose; (p) “year” means the financial year. CHAPTER II INCIDENCE AND LEVY OF TAX **3. Incidence of tax.—(1) Every dealer whose turnover during the year immediately preceding the** commencement of this Act exceeds the taxable quantum and every denier who at the commencement of this Act, is registered or is liable to pay tax under the Central Sales Tax Act, 1956 (74 of 1956), shall be liable to pay tax under this Act on all sales effected by him on or after such commencement. (2) Every dealer to whom sub-section (1) does not apply, shall— (i) with effect from the date immediately following the day on which his turnover calculated from the commencement of any year first exceeds within such year the taxable quantum, be liable to pay tax under this Act on all sales effected by him after that day; (ii) if he becomes liable to pay tax under the Central Sales Tax Act, 1956 (74 of 1956) or is registered as a dealer under the said Act at any time after the commencement of this Act, be liable to pay tax on all sales effected by him or on his behalf within Delhi on or after the date he becomes so liable or is registered under the said Act, whichever is earlier. 5 ----- (3) Every dealer who has become liable to pay tax under this Act shall continue to be so liable until the expiry of three consecutive years during each of which his turnover has failed to exceed the taxable quantum and such further period after the date of such expiry as may be prescribed and on the expiry of such further period his liability to pay tax shall cease: Provided that any dealer may, after the expiry of one year following the year in which his turnover has failed to exceed the taxable quantum, apply for the cancellation of his certificate of registration, and on such cancellation, his liability to pay tax shall cease: Provided further that in respect of any goods purchased by any dealer before the date of such cancellation and remaining unsold or unutilised for the purpose for which they were purchased, he shall be liable to pay so much of tax as would have been payable had he not been registered as a dealer on the date of purchase of such goods. (4) Every dealer whose liability to pay tax under this Act has ceased under sub-section (3), shall, if his turnover calculated from the commencement of any year again exceeds the taxable quantum on any day within such year, be liable to pay such tax with effect from the date immediately following the day on which his turnover first exceeds the taxable quantum, on all sales effected by him after that day. (5) Any dealer whose certificate of registration has been cancelled under sub-section (3) of section 20, shall— (a) if his turnover calculated from the date of cancellation of such certificate exceeds the taxable quantum on any day within the year; or (b) if his turnover calculated from the commencement of any subsequent year, exceeds the taxable quantum on any day within the year, be liable to pay tax under this Act with effect from the date immediately following the day on which such turnover again first exceeds the taxable quantum on all sales effected by him after that day of goods imported by him from outside Delhi or manufactured by him in Delhi or purchased by him without payment of tax leviable under this Act. (6) No dealer who deals exclusively in one or more classes of goods specified in the Third Schedule shall be liable to pay any tax under this Act. (7) For the purposes of this Act, “taxable quantum” means, — (a) in relation to any dealer who imports for sale any goods into Delhi. . . . . Nil, (b) in relation to any dealer who manufactures goods for sale regardless of the value of goods manufactured . . . . . . . . . Rs. 30,000.00, (c) in relation to any other dealer . . . . . . Rs. 1,00,000.00: Provided that if the Administrator is of opinion that having regard to the difficulty in maintaining accounts or for any other sufficient cause the taxable quantum in respect of any class of dealers falling under clause (b) should be increased, the Administrator may, by notification in the Official Gazette, fix in respect of such class of dealers such taxable quantum, not exceeding rupees one lakh, as may be specified in the notification. _Explanation.—For the purposes of computation of taxable quantum under_ sub-section (7), the turnover of all sales effected by a dealer shall be taken into account irrespective of whether such sales are taxable under this Act or not. **4. Rate of tax.—(1) The tax payable by a dealer under this Act shall be levied—** (a) in the case of taxable turnover in respect of the goods specified in the First Schedule, at the rate of twelve paise in the rupee; (b) in the case of taxable turnover in respect of the goods specified in the Second Schedule, at such rate not exceeding four paise in rupee as the Central Government may, from time to time, by notification in the Official Gazette, determine; 6 ----- (c) in the case of taxable turnover in respect of any food or drink served for consumption in a hotel or restaurant or part thereof, with which a cabaret, floor show or similar entertainment is provided therein, at the rate of forty paise in the rupee; (d) in the case of taxable turnover in respect of any other goods, at the rate of seven paise in the rupee: Provided that the Administrator may with the previous approval of the Central Government and by notification in the Official Gazette, add to, or omit from, or otherwise amend, the First Schedule or the Second Schedule, either retrospectively or prospectively, and thereupon the First Schedule or, as the case may be, the Second Schedule, shall be deemed to be amended accordingly: Provided further that no such amendment shall be made retrospectively if it would have the effect of prejudicially affecting the interests of any dealer: Provided also that in respect of any goods or class of goods the Administrator is of the opinion that it is expedient in the interest of the general public so to do, he may, with the previous approval of the Central Government and by notification in the Official Gazette, direct that the tax in respect of taxable turnover of such goods or class of goods shall, subject to such conditions as may be specified, be levied at such modified rate not exceeding the rate applicable under this section, as may be specified in the notification. (2) For the purposes of this Act, “taxable turnover” means that part of a dealer’s turnover during the prescribed period in any year which remains after deducting therefrom,— (a) his turnover during that period on— (i) sale of goods, the point of sale at which such goods shall be taxable is specified by the Administrator under section 5 and in respect of which due tax is shown to the satisfaction of the Commissioner to have been paid; (ii) sale of goods declared tax-free under section 7; (iii) sale of goods not liable to tax under section 8; (iv) sale of goods which are proved to the satisfaction of the Commissioner to have been purchased within a period of twelve months prior to the date of registration of the dealer and subjected to tax under the Bengal Finance (Sales Tax) Act, 1941 (Bengal Act VI of 1941), as it was then in force, or under this Act; (v) sale to a registered dealer— (A) of goods of the class or classes specified in the certificate of registration of such dealer, as being intended for use by him as raw materials in the manufacture in Delhi of any goods, other than goods specified in the Third Schedule, or newspapers,— (1) for sale by him inside Delhi; or (2) for sale by him in the course of inter-State trade or commerce, being a sale occasioning, or effected by transfer of documents of title to such goods during the movement of such goods from Delhi; or (3) for sale by him in the course of export outside India being a sale occasioning the movement of such goods from Delhi, or a sale effected by transfer of documents of title to such goods effected during the movement of such goods from Delhi, to a place outside India and after the goods have crossed the customs frontiers of India; or (B) of goods of the class or classes specified in the certificate of registration of such dealer as being intended for resale by him in Delhi, or for sale by him in the course of inter-State trade or commerce or in the course of export outside India in the manner specified in sub-item (2) or sub-item (3) of item (A), as the case may be; and 7 ----- (C) of containers or other materials, used for the packing of goods, of the class or classes specified in the certificate of registration of such dealer, other than goods specified in the Third Schedule, intended for sale or resale; (vi) such other sales as are exempt from payment of tax under section 66 or as may be prescribed: Provided that no deduction in respect of any sale referred to in sub-clause (iv) shall be allowed unless the goods, in respect of which deduction is claimed, are proved to have been sold by the dealer within a period of twelve months from the date of his registration and the claim for such deduction is included in the return required to be furnished by the dealer in respect of the said sale: Provided further that no deduction in respect of any sale referred to in sub-clause (v) shall be allowed unless a true declaration duly filled and signed by the registered dealer to whom the goods are sold and containing the prescribed particulars in the prescribed form obtainable from the prescribed authority is furnished in the prescribed manner and within the prescribed time, by the dealer who sells the goods: Provided also that where any goods are purchased by a registered dealer for any of the purposes mentioned in sub-clause (v), but are not so utilised by him, the price of the goods so purchased shall be allowed to be deducted from the turnover of the selling dealer but shall be included in the taxable turnover of the purchasing dealer; and (b) the tax collected by the dealer under this Act as such and shown separately in cash memoranda or bills, as the case may be. **5. Power of Administrator to prescribe points at which goods may be taxed.— Notwithstanding** anything contained in this Act, the Administrator may, by notification in the Official Gazette and subject to such conditions, if any, as may be specified therein, specify the point of sale at which any goods or class of goods may be taxed, and on the issue of such notification, the points of sale in relation to any such goods or class of goods other than the point of sale so notified, shall be exempt from payment of tax under this Act: Provided that no such exemption shall be allowed unless a true declaration duly filled and signed by the registered dealer by whom the goods are sold and containing the prescribed particulars in the prescribed form obtainable from the prescribed authority is furnished in the prescribed manner and within the prescribed time, by the dealer who purchases the goods: Provided further that the Administrator may, if he is of opinion that it is necessary in the public interest so to do, by notification in the Official Gazette, exempt, subject to such restrictions and conditions as may be specified therein, any dealer or class of dealers from furnishing a declaration under the first proviso. **6. Burden of proof.—The burden of proving that in respect of any sale effected by a dealer he is not** liable to pay tax under this Act, shall lie on him. **7. Tax-free goods.—(1) No tax shall be payable under this Act on the sale of goods specified in the** Third Schedule subject to the conditions and exceptions, if any, set out therein. (2) The Administrator may, with the previous approval of the Central Government and by notification in the Official Gazette, add to, or omit from, or otherwise amend, the Third Schedule either retrospectively or prospectively, and thereupon the Third Schedule shall be deemed to be amended accordingly: Provided that no such amendment shall be made retrospectively if it would have the effect of prejudicially affecting the interests of any dealer. 8 ----- **8. Certain sales and purchases not liable to tax.—Nothing in this Act or the rules made** thereunder shall be deemed to impose, or authorise the imposition of a tax on any sale or purchase of any goods when such sale or purchase takes place— (i) in the course of inter-State trade or commerce; or (ii) outside Delhi; or (iii) in the course of the import of the goods into, or export of the goods out of, the territory of India. _Explanation.—Sections 3, 4, and 5 of the Central Sales Tax Act, 1956 (74 of 1956) shall apply for_ determining whether or not a particular sale or purchase takes place in the manner indicated in clause (i), clause (ii) or clause (iii) of this section. CHAPTER III SALES TAX AUTHORITIES AND APPELLATE TRIBUNAL **9. Sales tax authorities.—(1) For carrying out the purposes of this Act, the Administrator shall** appoint a person to be the Commissioner of Sales Tax. (2) To assist the Commissioner in the execution of his functions under this Act, the Administrator may appoint as many Additional Commissioners of Sales Tax, Sales Tax Officers and such other persons with such designations as the Administrator thinks necessary. (3) The Commissioner shall have jurisdiction over the whole of Delhi and the other persons appointed under sub-section (2) shall have jurisdiction over such areas as the Commissioner may specify. (4) The Commissioner and other persons appointed under sub-section (2) shall exercise such powers as may be conferred, and perform such duties as may be required, by or under this Act. **10. Delegation of Commissioner’s powers.—Subject to such restrictions and conditions as may be** prescribed, the Commissioner may, by order in writing, delegate any of his powers under this Act except those under sub-section (3) of section 9 and sub-section (1) of section 52 to any person appointed under sub-section (2) of section 9: Provided that the powers of the Commissioner under clauses (i) to (vi) (both inclusive) of sub-section (3) of section 41 shall not be delegated to any person lower in rank than that of a Sales Tax Officer, and those under sub-section (1) of section 49 shall not be delegated to any person other than an Additional Commissioner of Sales Tax appointed under sub-section (2) of section 9. **11. Power to transfer proceedings.—(1) The Commissioner may, by order in writing, transfer any** proceedings or class of proceedings under any provision of this Act from any person appointed under sub-section (2) of section 9 to any other person so appointed whether or not such other person has jurisdiction in respect of the area to which such proceedings or class of proceedings relate, and the Commissioner may likewise transfer any such proceedings (including a proceeding already transferred under this section) from any such person to himself. (2) The person to whom any proceeding is transferred under sub-section (1) shall proceed to dispose it of as if it had been initiated by himself. (3) The transfer of a proceeding shall not render necessary the reissue of any notice already issued before such transfer and the person to whom the proceeding is transferred may, in his discretion, continue it from the stage at which it was left by the person from whom it was transferred. _Explanation.—For the purposes of this section, “proceedings” in relation to any person whose name_ is specified in any order issued thereunder, means all proceedings under this Act in respect of any year which may be pending on the date of such order or which may have been completed on or before such date, and includes also such proceedings which may be commenced after the date of such order in respect of any year. 9 ----- **12. Disputes regarding territorial jurisdiction.—(1) No person shall be entitled to call in question** the jurisdiction of any sales tax authority appointed under section 9, not being an appellate authority, after the expiry of ninety days from the date of receipt by that person of any notice under this Act issued by such sales tax authority. (2) Any objection as to the jurisdiction of any such sales tax authority may be raised within the period aforesaid by submitting a memorandum to the authority concerned who shall refer the question to the Commissioner and the Commissioner shall after giving the person raising the objection a reasonable opportunity of being heard, make an order determining the question and his decision in this behalf shall be final. **13. Appellate Tribunal.—(1) The Central Government shall, as soon as may be after the** commencement of this Act, constitute an Appellate Tribunal consisting of one or more members, as it thinks fit, to exercise the powers and discharge the functions conferred on the Appellate Tribunal by or under this Act: Provided that where the Appellate Tribunal consists of one member, that member shall be a person who has held a civil judicial post for at least ten years or who has been a member of the Central Legal Service (not below Grade III) for at least three years or who has been in practice as an advocate for at least ten years, and where the Appellate Tribunal consists of more than one member, one such member shall be a person qualified as aforesaid. (2) Where the number of members of the Appellate Tribunal is more than one, the Central Government shall appoint one of those members to be the Chairman of the Appellate Tribunal. (3) Subject to the provisions of sub-section (1), the qualifications and other conditions of service of the member or members constituting the Appellate Tribunal and the period for which such member or members shall hold office, shall be such as may be determined by the Central Government. (4) Any vacancy in the membership of the Appellate Tribunal shall be filled up by the Central Government as soon as practicable. (5) Where the number of members of the Appellate Tribunal is more than one and if the members differ in opinion on any point, the point shall be decided according to the opinion of the majority, if there is a majority, but if the members are equally divided, the decision of the Chairman of the Appellate Tribunal thereon shall be final. (6) Subject to the previous sanction of the Central Government, the Appellate Tribunal shall, for the purpose of regulating its procedure and disposal of its business, make regulations consistent with the provisions of this Act and the rules made thereunder. (7) The regulations made under sub-section (6) shall be published in the Official Gazette. (8) The Appellate Tribunal shall, for the purpose of discharging its functions, have all the powers which are vested in the Commissioner under section 42 and any proceeding before the 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 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). CHAPTER IV REGISTRATION, AMENDMENT AND CANCELLATION **14. Registration.—(1) No dealer shall, while being liable to pay tax under section 3, carry on** business as a dealer unless he has been registered and possesses a certificate of registration. (2) Every dealer required by sub-section (1) to be registered shall make an application for registration within such time, in such manner and to such authority, as may be prescribed. 10 ----- (3) If the said authority is satisfied that the application is in order, it shall, in accordance with such rules as may be prescribed, register the applicant within the prescribed period and grant him a certificate of registration in the prescribed form which shall specify the goods or class of goods for the purposes of sub-clause (v) of clause (a) of sub-section (2) of section 4: Provided that if the said authority is of opinion that the application is not in order, it shall, by an order passed within the said period and for reasons to be recorded in writing, reject the application: Provided further that no goods or class of goods in respect of which the [1][point of sale] has been specified by the Administrator under section 5 shall be specified in a certificate of registration, and where a notification is issued under that section subsequent to the grant of any certificate of registration in respect of any goods or class of goods specified in a certificate, if the said certificate shall be deemed to have been amended to omit the references to such goods or class of goods. (4) For the removal of doubts, it is hereby declared that the goods or class of goods to be specified in a certificate of registration granted under sub-section (3) of this section or sub-section (2) of section 16 shall not include goods referred to in sub-clause (i) or sub-clause (ii) of clause (a) of sub-section (2) of section 4. **15. Voluntary registration.—(1) Any dealer, other than a dealer who deals exclusively in one or** more classes of goods specified in the Third Schedule, whose turnover during a year exceeds twenty-five thousand rupees may, notwithstanding that he may not be liable to pay tax under section 3, apply for registration under this section. (2) The provisions of sub-sections (2), (3) and (4) of section 14 shall, as far as may be, apply in relation to registration of dealers under this section. (3) Every dealer who has been registered under this section shall, for so long as his registration remains in force, be liable to pay tax under this Act. (4) The registration of a dealer under this section shall be in force for a period of not less than three complete years and shall remain in force thereafter unless cancelled under the provisions of this Act. **16. Provisional registration.—(1) Any person who intends to establish a business in Delhi for the** purpose of manufacturing goods of a value exceeding thirty thousand rupees per year, may, notwithstanding that he is not required to be registered under section 14, apply for provisional registration in such manner and to such authority as may be prescribed. (2) If the said authority, after making such inquiry as it may consider necessary, is satisfied as to the _bona fide intention of the person making the application, it may, subject to such restrictions and_ conditions as it may impose, grant a provisional certificate of registration on such person furnishing such security as it may consider necessary and shall specify in such certificate the goods or class of goods for the purposes of sub-clause (v) of clause (a) of sub-section (2) of section 4. (3) Every person who has been granted a provisional certificate of registration under this section shall, for so long as such certificate is in force, be liable to pay tax under this Act. (4) A provisional certificate of registration granted under this section shall be in force for such period as may be specified therein. (5) The authority prescribed under sub-section (1) may, on application made in this behalf in the prescribed manner and subject to such restrictions and conditions as it may impose, extend, from time to time, the period specified in the provisional certificate of registration. (6) The provisions of section 18 shall, so far as may be, apply in relation to security required to be furnished under sub-section (2) of this section. 1. Subs. by Act 38 of 1978, s. 3 and the Second Schedule, for “points of sale” (w.e.f. 26-11-1978). 11 ----- (7) If a person, who has been granted a provisional certificate of registration under this section, fails without sufficient cause to establish a business within the period specified in such certificate or fails to comply with any of the restrictions or conditions subject to which such certificate was granted, he shall be liable to pay a penalty equal to one and a half times the amount of tax which would have been payable had he not been so registered under this section. **17. Special registration.—(1) No dealer shall, while being liable to pay tax under sub-section (5) of** section 3, carry on business as a dealer unless he has obtained a special certificate of registration. (2) Every dealer required to be registered under sub-section (1) shall make an application for registration within such time, in such manner and to such authority, as may be prescribed. (3) If the said authority is satisfied that the application is in order, it shall, in accordance with such rules as may be prescribed, grant a special certificate of registration to the applicant in the prescribed form: Provided that the said authority shall not specify in any such certificate the goods or class of goods for the purposes of sub-clause (v) of clause (a) of sub-section (2) of section 4. **18. Security from certain class of dealers.—(1) The Commissioner may, if it appears to him to be** necessary so to do for the proper realisation of the tax, composition money or other dues payable under this Act or for the proper custody and use of the forms referred to in the second proviso to clause (a) of sub-section (2) of section 4, or the first proviso to section 5, as the case may be, impose, for reasons to be recorded in writing as a condition of the grant of the certificate of registration under section 14, section 15 or section 17 to a dealer or of the continuance in effect of such certificate granted to any dealer, a requirement that the dealer shall furnish in the prescribed manner and within such time as may be specified in the order such security or, as the case may be, such additional security as may be so specified, for all or any of the aforesaid purposes. (2) No dealer shall be required to furnish any security or additional security under sub-section (1) unless he has been given an opportunity of being heard and the amount of security or additional security that may be required to be furnished, shall,— (a) in the case of a dealer liable to pay tax under sub-section (2) of section 3 who has applied for the grant of a certificate of registration under section 14, be such amount as the Commissioner may, having regard to the nature and size of the business of such dealer, determine for the payment of the tax for which the dealer may be or become liable under this Act; (b) in a case where security is to be given for the proper custody and use of the forms referred to in sub-section (1), be the amount of tax determined by the Commissioner which is likely to be saved by a dealer by the issue of such forms; (c) in any other case, not exceed the tax payable, in accordance with the estimate of the Commissioner on the taxable turnover of the dealer, for the year in which such security or additional security is required to be furnished. (3) Where the security or additional security furnished by a dealer is in the form of a security bond and the surety dies or becomes insolvent, the dealer shall, within thirty days of the occurrence of such event, inform the authority granting the certificate of registration and shall, within ninety days of such occurrence, execute a fresh surety bond. (4) The Commissioner may by order, for good and sufficient cause, and after giving the dealer an opportunity of being heard, forfeit the whole or any part of the security furnished by a dealer. (5) Where, by reason of an order under sub-section (4), the security furnished by any dealer is forfeited in whole or is rendered insufficient, he shall furnish a fresh security of the requisite amount or, as the case may be, shall make up the deficiency in such manner and within such period as may be specified in the order. 12 ----- **19. Amendment of certificate of registration.—(1) The Commissioner may, after considering any** information furnished under this Act or otherwise received and after making such inquiry as he may deem fit, amend from time to time any certificate of registration. (2) An amendment of the certificate of registration made under sub-section (1) shall take effect:— (a) in the case of a change in the name, ownership or place of business, or opening of a new place of business, from the date of contingency which necessitates the amendment whether or not information in that behalf is furnished within the time prescribed under section 40; (b) in the case of any addition or modification in the description of any goods or class of goods in the certificate of registration, from the date of the contingency if information in that behalf is furnished within the time prescribed under section 40 and from the date of receipt of request for such addition or modification by the Commissioner, in any other case; (c) in the case of deletion of any goods or class of goods, from the date of order of deletion: Provided that the Commissioner shall, before amending on his own motion a certificate of registration, give the dealer affected by such amendment a reasonable opportunity of being heard: Provided further that where in consequence of a change in the ownership of a business the liability to pay tax of a dealer ceases, the amendment of the certificate of registration shall take effect from the date on which information in respect of such change is furnished under section 40. (3) Any amendment of a certificate of registration under this section shall be without prejudice to any liability for tax or penalty imposable, or for any prosecution for an offence under this Act. (4) For the removal of doubts, it is hereby declared that where a registered dealer— (a) effects a change in the name of his business; or (b) is a firm and there is a change in the constitution of the firm without dissolution thereof; or (c) is a trustee of a trust and there is a change in the trustees thereof; or (d) is a guardian of a ward and there is a change in the guardian; or (e) is a Hindu undivided family and the business of such family is converted into a partnership business with all or any of the co-parceners as partners thereof, then, merely by reason of any of the circumstances aforesaid, it shall not be necessary for the dealer, or 1[the firm which changed the constitution] or the new trustees, or the new guardian, or as the case may be, the partners of such partnership business, to apply for a fresh certificate of registration and on information being furnished in the manner required by section 40 the certificate of registration shall be amended. **20. Cancellation of certificate of registration.—(1) Where—** (a) any business in respect of which a certificate of registration has been granted to a dealer under this Act, is discontinued; or (b) in the case of transfer of business by a dealer, the transferee already holds a certificate of registration under this Act; or (c) a dealer has ceased to be liable to pay tax under this Act, the Commissioner may cancel the certificate of registration of such dealer or the transferor, as the case may be, from such date as may be specified by him: Provided that in a case referred to in clause (a) or clause (b), the certificate of registration shall be deemed to be inoperative with effect from the date of discontinuance or transfer of the business, as the case may be, and in a case referred to in clause (c), from the date on which the dealer’s liability to pay tax has ceased, notwithstanding the fact that the order of cancellation is passed or that the particulars of the dealer regarding cancellation are published, as required by section 65, in the Official Gazette, after the aforesaid date: 1. Subs. by Act 38 of 1978, s. 3 and the Second Schedule, for “the firm who changed constitution” (w.e.f. 26-11-1978). 13 ----- Provided further that where a dealer has failed to furnish information regarding discontinuance of his business as required by section 40, the Commissioner shall before cancelling the certificate from any specified date, publish in the Official Gazette, a notice of his intention so to do for the information of the dealer and shall hear objections, if any, of the dealer before passing the order. (2) A dealer registered under section 15 may, subject to the provisions of sub-section (4) of that section, apply in the prescribed manner not later than six months before the end of a year to the Commissioner for cancellation of his certificate of registration and the Commissioner shall, unless the dealer is liable to pay tax under section 3, cancel the certificate of registration accordingly, and such cancellation shall take effect from the end of the year. (3) Notwithstanding anything contained in sub-sections (1) and (2), the Commissioner may at any time for reasons to be recorded in writing and after giving the dealer an opportunity of being heard, cancel the certificate of registration held by such dealer from such date as the Commissioner may specify in this behalf— (a) if the dealer has failed to pay any tax (including any penalty) due from him under any provisions of this Act; or (b) if the dealer holds or accepts or furnishes or causes to be furnished a declaration for the purposes of sub-clause (v) of clause (a) of sub-section (2) of section 4 or section 5 which he knows or has reason to believe to be false; or (c) if the dealer who has been required to furnish the security under the provisions of section 18 has failed to furnish such security; or (d) if the dealer contravenes or has contravened any of the provisions of this Act; or (e) if the dealer has been convicted of an offence under this Act or under the Bengal Finance (Sales Tax) Act, 1941 (Bengal Act VI of 1941), as then in force in Delhi; or (f) if there is any other reason which in the opinion of the Commissioner warrants such cancellation. (4) (a) If an order of cancellation passed under sub-section (3) is set aside as a result of an appeal or other proceeding under this Act, the certificate of registration of the dealer shall be restored and he shall be liable to pay tax as if his certificate had not been cancelled. (b) If any dealer whose certificate of registration has been restored under clause (a) satisfies the Commissioner that tax has been paid by such dealer on sale of goods made to him during the period his certificate of registration was inoperative which, but for the cancellation of such certificate he would not have paid, then the amount of such tax shall be adjusted or refunded in such manner as may be prescribed. (5) Every dealer who applies for cancellation of his registration shall surrender with his application the certificate of registration granted to him and every dealer whose registration is cancelled otherwise than on the basis of his application shall surrender the certificate of registration within seven days of the date of communication to him of the order of cancellation. (6) If a dealer fails to surrender his certificate of registration as provided in sub-section (5), the Commissioner may, by an order in writing and after giving the dealer an opportunity of being heard, direct that the dealer shall pay, by way of penalty, a sum not exceeding twenty-five rupees for every day of default. (7) The cancellation of a certificate of registration shall not affect the liability of any person to pay tax due for any period prior to the date of such cancellation, whether such tax is assessed before the date of cancellation but remains unpaid or is assessed thereafter notwithstanding that he is not liable to pay tax under this Act. (8) Where by any order passed under this Act it is found that any person registered as a dealer ought not to have been so registered, then, notwithstanding anything contained in this Act, such person shall be liable to pay tax for the period commencing with the date of his registration and ending with the date of such order, as if he were a dealer. 14 ----- CHAPTER V RETURNS, ASSESSMENT, RECOVERY AND REFUND OF TAX **21. Periodical payment of tax and filing of returns.—(1) Tax payable under this Act shall be paid** in the manner hereinafter provided at such intervals as may be prescribed. (2) Every registered dealer and every other dealer who may be required so to do by the Commissioner by notice served in the prescribed manner shall furnish such returns of turnover by such dates and to such authority as may be prescribed. (3) Every registered dealer required to furnish returns under sub-section (2) shall pay into a Government Treasury or the Reserve Bank of India or in such other manner as may be prescribed, the full amount of tax due from him under this Act according to such return, and shall where such payment is made into a Government Treasury or the Reserve Bank of India furnish along with the return a receipt from such Treasury or Bank showing the payment of such amount. (4) If any registered dealer discovers any mistake or error in any return furnished by him, he may at any time, before the expiry of three months next following the last date prescribed for furnishing of the return, furnish a revised return, and if the revised return shows a higher amount of tax to be due than was shown in the original return, it shall be accompanied by a receipt showing payment in the manner provided in sub-section (3) of the excess amount. (5) Every return under this section shall be signed and verified— (a) in the case of an individual, by the individual himself, and where the individual is absent from India by the individual concerned or by some person duly authorised by him in this behalf and where the individual is mentally incapacitated from attending to his affairs, by his guardian or by any other person competent to act on his behalf; (b) in the case of a Hindu undivided family, by a Karta, and where the Karta is absent from India or is mentally incapacitated from attending to his affairs, by any other adult member of such family; (c) in the case of a company or local authority, by the principal officer thereof; (d) in the case of a firm, by any partner thereof, not being a minor; (e) in the case of any other association, by any member of the association or the principal officer thereof; and (f) in the case of any other person, by that person or by some person competent to act on his behalf. (6) For the purposes of sub-section (5) of this section and section 59 the expression “principal officer” shall have the meaning assigned to it under clause (35) of section 2 of the Income-Tax Act, 1961 (43 of 1961). **22. Collection of tax only by registered dealers.—(1) No person who is not a registered dealer shall** collect in respect of any sale of goods by him in Delhi any amount by way of tax under this Act, and no registered dealer shall make any such collection except in accordance with this Act and the rules made thereunder. (2) Notwithstanding anything contained in sub-section (1), a dealer who has been permitted by the Commissioner to make a lump sum payment under section 29 shall not collect any sum by way of tax on the sale of goods if made during the period of which such lump sum payment relates. **23. Assessment.—(1) The amount of tax due from a registered dealer shall be assessed separately for** each year during which he is liable to pay the tax: Provided that when such dealer fails to furnish a return relating to any period of a year by the prescribed date, the Commissioner may, if he thinks fit, assess the tax due from such dealer separately for that period or any other period of such year: 15 ----- Provided further that the Commissioner may, subject to such conditions as may be prescribed and for reasons to be recorded in writing, assess the tax due from any dealer for a part of a year. (2) If the Commissioner is satisfied that the returns furnished in respect of any period are correct and complete, he shall assess the amount of tax due from the dealer on the basis of such returns. (3) (a) If the Commissioner is not satisfied that the returns furnished in respect of any period are correct and complete and he thinks it necessary to require the presence of the dealer or the production of further evidence, he shall serve on such dealer in the prescribed manner a notice requiring him on a date and at a place specified therein either to attend and produce or cause to be produced all evidence on which such dealer relies in support of his returns, or to produce such evidence as is specified in the notice. (b) On the date specified in the notice, or as soon as may be thereafter, the Commissioner shall, after considering all the evidence which may be produced, assess the amount of tax due from the dealer. (4) If a dealer fails to comply with the terms of any notice issued under sub-section (3), the Commissioner shall assess to the best of his judgment the amount of tax, if any, due from him. (5) If a dealer fails to furnish returns in respect of any period by the prescribed date, the Commissioner shall, after giving the dealer a reasonable opportunity of being heard, assess to the best of his judgment the amount of tax, if any, due from him. (6) If, upon information which has come into his possession, the Commissioner is satisfied that any dealer who has been liable to pay tax under this Act in respect of any period, has failed to get himself registered under section 14 or section 17, as the case may be, the Commissioner shall proceed in such manner as may be prescribed to assess to the best of his judgment the amount of tax due from the dealer in respect of such period and all subsequent periods and in making such assessment shall give the dealer a reasonable opportunity of being heard, and the Commissioner may, if he is satisfied that the default was made without reasonable cause, direct that the dealer shall pay, by way of penalty, in addition to the amount of the tax so assessed, a sum not exceeding twice that amount. (7) No assessment under the provisions of sub-sections (1) to (5) shall be made after the expiry of four years, and no assessment under the provisions of sub-section (6) shall be made after the expiry of six years from the end of the year in respect of which or part of which the tax is assessable: Provided that where such assessment is made in consequence of or to give effect to, any order of an appellate or revisional authority or of a court, the period of four years or six years, as the case may be, shall be reckoned from the date of such order and further that the provisions of sub-section (1) of section 24 regarding time limit for service of notice shall not apply for assessment made under this proviso. (8) Any assessment made under this section shall be without prejudice to any prosecution for an offence under this Act. **24. Turnover escaping assessment.—(1) Where after a dealer has been assessed under section 23 for** any year or part thereof, the Commissioner has reason to believe that the whole or any part of the turnover of a dealer in respect of any period has escaped assessment to tax or has been under-assessed or has been assessed at a rate lower than the rate at which it is assessable, or any deduction has been wrongly made therefrom, the Commissioner may— (a) within six years from the date of final order of assessment, in a case where the dealer has concealed, omitted or failed to disclose fully the particulars of such turnover; and (b) within four years from the date of final order of assessment, in any other case, serve a notice on the dealer and after giving the dealer an opportunity of being heard and making such inquiry as he considers necessary, proceed to determine to the best of his judgment, the amount of tax due from the dealer in respect of such turnover, and the provisions of this Act shall, so far as may be, apply accordingly. 16 ----- _Explanation.—For the purposes of this section, production before the Commissioner of account books_ or other evidence from which material evidence could with due diligence have been discovered by the Commissioner will not necessarily amount to disclosure within the meaning of this section. (2) No order of assessment, reassessment or re-computation shall be made under sub-section (1), after— (a) the expiry of four years or, as the case may be, six years as specified in sub-section (7) of section 23; or (b) the expiry of one year from the date of service of notice under sub-section (1), whichever is later. **25. Payment and recovery of tax.—(1) The amount of tax—** (a) due where returns have been furnished without the receipt showing full payment thereof; and (b) assessed, reassessed or re-computed for any period under section 23 or section 24, less the amount if any, already paid by the dealer in respect of the said period, shall together with any penalty that may be directed to be paid under any of the provisions of this section, sub-section (6) of section 23, section 55, section 56 or section 57 be paid by the dealer or the person liable therefor into a Government Treasury or the Reserve Bank of India or in such other manner as may be prescribed within thirty days from the date of service of notice of demand issued by the Commissioner for this purpose: Provided that where the Commissioner has reason to believe that it will be detrimental to revenue if the full period of thirty days aforesaid is allowed, he may direct that the sum specified in the notice of demand shall be paid within such period being a period less than the period of thirty days aforesaid, as may be specified by him in that notice. (2) On an application made before the expiry of the due date under sub-section (1), the Commissioner may, in respect of any particular dealer or person and for reasons to be recorded in writing, extend the time for payment or allow payment by instalments or grant stay, subject to such conditions as he may think fit to impose in the circumstances of the case. (3) If the amount of tax and penalty, if any, is not paid within the time specified in sub-section (1) or extended under sub-section (2), as the case may be, the dealer or the person liable therefor shall be deemed to be in default in respect of that amount. (4) In a case where payment by instalments is allowed under sub-section (2) and the dealer or the person liable for such payment commits default in paying any one of the instalments within the time fixed under that sub-section, the dealer or the person aforesaid shall be deemed to be in default in respect of the whole of the amount then outstanding and the other instalment or instalments shall be deemed to have been due on the same date as the instalment actually in default. (5) When a dealer or a person is in default or is deemed to be in default in making payment of tax and penalty, if any, he shall, in addition to the amount of arrears payable under the foregoing sub-sections, be liable to pay, by way of penalty, an amount which in the case of a continuing default may be increased, from time to time, so however, that total amount of penalty does not exceed the amount in arrears: Provided that before levying any such penalty, the dealer or the person aforesaid shall be given a reasonable opportunity of being heard. (6) Where as a result of any final order the amount of tax and penalty, if any, with respect to the default, in the payment of which the penalty was levied, has been wholly reduced, the penalty levied shall be cancelled and the amount of penalty paid shall be refunded. 17 ----- (7) Any amount of tax or penalty in respect of which a dealer or person is in default, or any composition money due under section 29 or section 54 which remains unpaid, shall be recoverable as an arrear of land revenue: Provided that where security, other than in the form of surety bond, has been furnished by a dealer under sub-section (2) of section 16 or section 18, the Commissioner may, for good and sufficient reasons in writing, realise any amount of tax or penalty or composition money remaining unpaid as aforesaid or part thereof by ordering forfeiture of the whole or any part of the security. **26. Continuation of certain recovery proceedings.—Where any notice of demand in respect of any** tax or penalty or any other amount payable under this Act (hereafter in this section referred to as “government dues”) is served upon any dealer, and any appeal, revision application or other proceeding is filed or taken in respect of such government dues, then,— (a) where such government dues are enhanced in such appeal, revision or other proceeding, the Commissioner shall serve upon the dealer another notice of demand only in respect of the amount by which such government dues are enhanced and any recovery proceedings in relation to such government dues as are covered by the notice of demand served upon him before the disposal of such appeal, revision application or proceeding may, without the service of any fresh notice of demand, be continued from the stage at which such proceedings stood immediately before such disposal; (b) where such government dues are reduced in such appeal, revision or proceeding,— (i) it shall not be necessary for the Commissioner to serve upon the dealer a fresh notice of demand; (ii) the Commissioner shall give intimation of such reduction to him and to the appropriate authority with whom recovery proceedings are pending; (iii) any recovery proceedings initiated on the basis of the notice of demand served upon him before the disposal of such appeal, revision application or proceeding may be continued in relation to the amount so reduced from the stage at which such proceedings stood immediately before such disposal. **27. Interest.—(1) If any dealer fails to pay the tax due as required by sub-section (3) of section 21,** he shall, in addition to the tax (including any penalty) due, be liable to pay simple interest on the amount so due at one per cent. per month from the date immediately following the last date for submission of the return under sub-section (2) of the said section for a period of one month, and at one and a half per cent. per month thereafter for so long as he continues to make default in such payment or till the date of completion of assessment under section 23, whichever is earlier. (2) When a dealer or a person is in default or is deemed to be in default in making the payment of tax, he shall, in addition to the amounts payable under section 23 or section 24, be liable to pay simple interest on such amount at one per cent. per month from the date of such default for a period of one month, and at one and a half per cent. per month thereafter for so long as he continues to make default in the payment of the said amount. (3) Where as a result of any final order the amount of tax (including any penalty) due or in default is wholly reduced, the amount of interest, if any, paid shall be refunded, or if such amount is varied, the interest due shall be calculated accordingly: Provided that where any amount of tax payable is enhanced by any such order, interest shall be payable on the amount by which the tax is enhanced after the expiry of a period of three months from the date of the order: Provided further that where the realisation of any amount remains stayed by the order of any court or authority and such order is subsequently vacated, interest shall be payable also for any period during which such order remained in operation. (4) The interest payable under this section shall be deemed to be tax due under this Act. 18 ----- **28. Special model of recovery.—(1) Notwithstanding anything contained in any law or contract to** the contrary, the Commissioner may, at any time or from time to time, by notice in writing, a copy of which shall be forwarded to the dealer at his last known address, require— (a) any person from whom any amount of money is due, or may become due, to a dealer on whom notice has been served under sub-section (1) of section 25, or (b) any person who holds or may, subsequently hold money for or on account of such dealer, to pay to the Commissioner, either forthwith upon the money becoming due or being held or within the time specified in the first mentioned notice (but not before the money becomes due or is held as aforesaid) so much of the money as is sufficient to pay the amount due by the dealer in respect of the arrears of tax and penalty under this Act, or the whole of the money when it is equal to or less than that amount. _Explanation.—For the purposes of this sub-section, the amount of money due to a dealer from, or_ money held for or on account of a dealer by, any person, shall be calculated by the Commissioner after deducting therefrom such claims (if any) lawfully subsisting, as may have fallen due for payment by such dealer to such person. (2) The Commissioner may amend or revoke any such notice or extend the time for making any payment on pursuance of the notice. (3) Any person making any payment in compliance with a notice under this section shall be deemed to have made the payment under the authority of the dealer, and the receipt thereof by the Commissioner shall constitute a good and sufficient discharge of the liability of such person to the extent of the amount specified in the receipt. (4) Any person discharging any liability to the dealer after receipt of the notice referred to in this section, shall be personally liable to the Commissioner to the extent of the liability discharged or to the extent of the liability of the dealer for tax and penalty, whichever is less. (5) Where a person to whom a notice under this section is sent, proves to the satisfaction of the Commissioner that the sum demanded or any part thereof is not due to the dealer or that he does not hold any money for or on account of the dealer, then, nothing contained in this section shall be deemed to require such person to pay any such sum or part thereof, as the case may be, to the Commissioner. (6) Any amount of money which the aforesaid person is required to pay to the Commissioner, or for which he is personally liable to the Commissioner under this section shall, if it remains unpaid, be recoverable as an arrear of land revenue. (7) The Commissioner may apply to the court in whose custody there is money belonging to the dealer for payment to him of the entire amount of such money or if it is more than the tax and penalty, if any, due, an amount sufficient to discharge such tax and the penalty. **29. Lump sum payment of tax.—The Commissioner may, in such circumstances and subject to such** conditions as may be prescribed, permit any dealer to pay in lieu of the amount of tax payable by him under the provision of this Act, a lump sum determined in the prescribed manner, by way of composition. **30. Refund.—(1) If any person satisfies the Commissioner that the amount of tax paid by him or** on his behalf for any year exceeds the amount payable by him under this Act for that year, he shall, on making a claim in the prescribed form and verified in the prescribed manner, be entitled to refund of the excess either by cash payment or at his option by deduction of such excess from the amount of tax and penalty (if any) due in respect of any other period: Provided that the Commissioner shall first apply such excess towards the recovery of any amount in respect of which a notice under section 25 has been issued and shall then refund the balance, if any. _Explanation.—When no assessment is made, the due tax paid under section 21 by the dealer shall be_ deemed to be the tax payable under this Act. 19 ----- (2) Where on account of death, incapacity, insolvency, liquidation or other cause a person is unable to claim or receive any refund due to him, his legal representative or the trustee or guardian or receiver, as the case may be, shall be entitled to claim or receive such refund for the benefit of such person or his estate. (3) No claim for refund under sub-section (1) shall be allowed unless it is made within a period of twelve months from the date of the order giving rise to a claim for such refund, and the Commissioner shall, except as otherwise provided in this Act, refund any amount which becomes due to a dealer in the prescribed manner: Provided that the Commissioner may allow a claim for refund to be made after the expiry of the said period but not later than twelve months from such expiry, if he is satisfied that there was sufficient cause for not making such claim within that period. (4) Where an amount required to be refunded by the Commissioner to any person as a result of any order passed in appeal or other proceedings under this Act is not so refunded to him within ninety days from the date of his claim under sub-section (3), such person shall be entitled to be paid simple interest on such amount at one per cent. per month from the date immediately following the expiry of the period of ninety days for a period of one month and at one and a half per cent. per month, thereafter for so long as the refund is not made. _Explanation.—If the delay in making the refund during any of the periods referred to in_ this sub-section is attributable to the person making the claim, whether wholly or in part, the period of the delay attributable to him shall be excluded from the period for which interest is payable. (5) Where any question arises as to the period to be excluded for the purposes of calculation of interest under sub-section (4), such question shall be determined by the Commissioner whose decision thereon shall be final. (6) Where an order giving rise to a refund is the subject matter of an appeal or further proceeding or where any other proceeding under this Act is pending and the Commissioner is of opinion that the grant of the refund is likely to adversely affect the revenue, the Commissioner may withhold the refund till such time as the Commissioner may determine. (7) In any claim for refund, it shall not be open to the dealer to question the correctness of any assessment or other matter decided which has become final and conclusive or ask for a review of the same and the dealer shall not be entitled to any relief on such claim except refund of tax wrongly paid or paid in excess. (8) Any tax levied and collected under this Act in respect of sale in Delhi of any declared goods which are subsequently sold in the course of inter-State trade or commerce, shall be reimbursed to the person making the sale on the course of inter-State trade or commerce, in such manner and subject to such conditions as may be prescribed. _Explanation.—For the purposes of sub-section (8), “declared goods” means goods declared by_ section 14 of the Central Sales Tax Act, 1956 (74 of 1956) to be of special importance in inter-State trade or commerce. **31. Set-off.—(1) Where the Commissioner is satisfied that delay beyond the prescribed period has** occurred in the grant of a certificate of registration to a dealer and that such delay was not wholly due to any fault, omission or negligence on the part of the dealer, the amount of tax, if any, paid on sales of goods made to such dealer which would not have been payable but for the delay in the grant of a certificate of registration as aforesaid, shall be adjusted against any amount payable by the dealer under this Act: Provided that— (a) in case the amount of tax so paid by the dealer exceeds his liability to pay any amount under this Act, the adjustment shall be made to the extent of such liability and the balance shall be refunded to the dealer; and 20 ----- (b) in case there is no liability to pay any amount under this Act, the entire amount of tax paid shall be refunded to the dealer: Provided further that the dealer shall not be entitled to any such adjustment or refund in respect of the goods which are not specified in the certificate of registration granted to him. (2) No application for adjustment or refund of tax under this section shall be entertained unless it is made within three months from the date on which a certificate of registration is granted to the dealer. CHAPTER VI LIABILITY IN SPECIAL CASES **32. Liability in case of transfer of business.—(1) Where a dealer, liable to pay tax under this Act,** transfers his business in whole or in part, by sale, gift, lease, leave or licence, hire or in any other manner whatsoever, the dealer and the person to whom the business is so transferred shall jointly and severally be liable to pay the tax (including any penalty) due from the dealer up to the time of such transfer, whether such tax (including any penalty) has been assessed before such transfer, but has remained unpaid or is assessed thereafter. (2) Where the transferee or the lessee of a business referred to in sub-section (1) carries on such business either in his own name or in some other name, he shall be liable to pay tax on the sale of goods effected by him with effect from the date of such transfer and shall, if he is an existing dealer, apply within the prescribed time for amendment of his certificate of registration. **33. Liability in case of company in liquidation.—(1) Every person—** (a) who is a 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 Commissioner. (2) The Commissioner shall, after making such inquiries or calling for such information as he may deem fit, notify the liquidator within three months from the date on which he received notice of the appointment of the liquidator, the amount which, in the opinion of the Commissioner, would be sufficient to provide for any tax (including any penalty) 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 hand until he has been notified by the Commissioner under sub-section (2) and on being so notified, the liquidator shall set aside an amount equal to the amount notified and, until he so sets aside such amount, he shall not part with any of the assets of the company or the properties in his hand: 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 and penalty, if any, 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 Commissioner reasonable. (4) If the liquidator fails to give notice in accordance with sub-section (1) or fails to set aside the amount as required by sub-section (3) or parts with any assets of the company or the properties in his hand in contravention of the provisions of that sub-section, he shall be personally liable for the payment of the tax and penalty, if any, which the company would be liable to pay under this Act: Provided that if the amount of any tax and penalty, if any, 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. 21 ----- (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) When any private company is wound up and any tax and penalty, if any, assessed under this Act on the company for any period, whether before or in the course of or after its liquidation, cannot be recovered, then every person who was 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 and penalty, if any, unless he proves to the satisfaction of the Commissioner that non-recovery cannot be attributed to any gross neglect, misfeasance or breach of duty on his part in relation to the affairs of the company. (7) The provisions of this section shall have effect notwithstanding anything to the contrary contained in any other law for the time being in force. (8) For the purposes of this section, the expressions “company” and “private company” shall have the meanings respectively assigned to them under clauses (i) and (iii) of sub-section (1) of section 3 of the Companies Act, 1956 (1 of 1956). **34. Liability of partners of firm to pay tax.—Notwithstanding any contract to the contrary, where** any firm is liable to pay any tax (including any penalty) under this Act, the firm and each of the partners of the firm shall be jointly and severally liable for such payment: Provided that where any such partner retires from the firm, he shall intimate the date of his retirement to the Commissioner by a notice in that behalf in writing and he shall be liable to pay tax (including any penalty) remaining unpaid at the time of his retirement and any tax (including any penalty) due up to the date of his retirement though unassessed on that date: Provided further that if no such intimation is given within fifteen days from the date of retirement, the liability of the partner under the first proviso shall continue until the date on which such intimation is received by the Commissioner. **35. Liability of guardians, trustees, etc.—Where the business in respect of which tax is payable** under this Act is carried on by, or is in the charge of any guardian, trustee or agent of a minor or other incapacitated person on his behalf and for the benefit of such minor or other incapacitated person, the tax (including any penalty) shall be levied upon and recoverable from such guardian, trustee or agent, as the case may be, in like manner and to the same extent as it would be assessed upon and recoverable from any such minor or other incapacitated person, if he were of full age and of sound mind and if he were conducting the business himself, and all the provisions of this Act shall, so far as may be, apply accordingly. **36. Liability of Court of Wards, etc.—Where the estate or any portion of the estate of a dealer** owning a business in respect of which tax is payable under this Act is under the control of the Court of Wards, the Administrator-General, the Official Trustee or any receiver or manager (including any person, whatever be his designation, who in fact manages the business) appointed by or under any order of a court, the tax (including any penalty) shall be levied upon and be recoverable from such Court of Wards, Administrator-General, Official Trustee, receiver or manager in like manner and to the same extent as it would be assessable upon and be recoverable from the dealer if he were conducting the business himself; and all the provisions of this Act shall, so far as may be, apply accordingly. **37. Liability in other cases.—(1) Where a dealer is a firm or an association of persons or a Hindu** undivided family, and such firm, association or family has discontinued business— (a) the tax payable under this Act, by such firm, association or family up to the date of such discontinuance may be assessed as if no such discontinuance had taken place; and (b) every person who was at the time of such discontinuance a partner of such firm, or a member of such association or family, shall, notwithstanding such discontinuance, be liable jointly and severally for the payment of tax assessed and penalty imposed and payable by such firm, association or family, whether such tax (including any penalty) has been assessed prior to or after such discontinuance, and subject as aforesaid, the provisions of this Act shall, so far as may be, apply as if every such person or partner or member were himself a dealer: 22 ----- Provided that where the partner of a firm liable to pay such tax (including any penalty) dies, the provisions of sub-section (4) shall, so far as may be, apply. (2) Where a change has occurred in the constitution of a firm or association, the partners or members of the firm or association as it existed before and as it exists after its re-constitution, shall, without prejudice to the provisions of section 34, jointly and severally be liable to pay any tax (including any penalty) due from such firm or association for any period before its re-constitution. (3) The provisions of sub-section (1) shall, so far as may be, apply where the dealer, being a firm or association of persons, is dissolved or where the dealer, being a Hindu undivided family, has effected partition with respect to the business carried on by it and accordingly references in that sub-section to discontinuance shall be construed as references to dissolution or, as the case may, to partition. (4) Where a dealer liable to pay tax under this Act dies, than— (a) if the business carried on by the dealer is continued after his death by his legal representative or any other person, such legal representative or other person, shall be liable to pay the tax (including any penalty) due from the dealer under this Act, whether such tax (including any penalty) has been assessed before his death but has remained unpaid, or is assessed after his death; (b) if the business carried on by the dealer is discontinued after his death, his legal representative shall be liable to pay out of the estate of the deceased, to the extent the estate is capable of meeting the charge, the tax (including any penalty) due from the dealer under this Act, whether such tax (including any penalty) has been assessed before his death but has remained unpaid, or is assessed after his death, and the provisions of this Act shall, so far as may be, apply to such legal representative or other person as if he were the dealer himself. _Explanation.—For the purposes of this sub-section and section 40, “legal representative” has_ the meaning assigned to it in clause (11) of section 2 of the Code of Civil Procedure, 1908 (5 of 1908). CHAPTER VII LIABILITY TO PRODUCE ACCOUNTS AND SUPPLY OF INFORMATION **38. Accounts.—(1) Every dealer liable to pay tax under this Act, and every other dealer on whom a** notice has been served to furnish returns under sub-section (2) of section 21 shall keep at his place of business a true account of the value of goods bought and sold by him, and if the Commissioner considers that such account is not sufficiently clear and intelligible to enable him to make a proper check of the returns referred to in that sub-section, he may require such dealer by notice in writing to keep such accounts (including records of purchases and sales) and as may be specified therein. (2) The Commissioner may, by notification in the Official Gazette, direct any class of registered dealers generally to keep such accounts (including records of purchases and sales) as may be specified in the notification subject to such conditions and restrictions as may be prescribed. **39. Memoranda of sales.—If a registered dealer—** (a) sells goods to another registered dealer, or (b) makes sales in the course of inter-State trade or commerce, or (c) sells any goods exceeding ten rupees in value in any one transaction to any other person, he shall issue to the purchaser a bill or cash memorandum serially numbered, signed and dated by him or his servant, manager or agent and showing therein his name and address and such other particulars as may be prescribed and he shall keep a duplicate or copy of such bill or cash memorandum duly signed and dated and preserve it for a period of not less than five years from the end of the year unless any proceedings in respect of that year are pending in which case they shall be preserved till the final decision in those proceedings: 23 ----- Provided that if in respect of any goods or class of goods or any dealers or class of dealers, the Administrator is of the opinion that it is not practicable to issue any bills or cash memoranda for sale of goods exceeding ten rupees in value in any one transaction to any other person, he may, by notification in the Official Gazette,— (i) specify such amount exceeding ten rupees in value as the amount for the issue of such bills or cash memoranda; (ii) exempt such goods or class of goods or dealers or class of dealers from the operation of this section. **40. Information to be furnished regarding change of business.—If any dealer to whom the** provisions of sub-section (2) of section 21 apply— (a) sells or otherwise disposes of his business or any part of his business or any place of business, or effects or comes to know of any other change in the ownership of the business; or (b) discontinues his business or changes his place of business or warehouse, or opens a new place of business; or (c) changes the name or nature of his business, or effects any change in the goods or class of goods in which he carries on his business and which is or are specified in his certificate of registration; or (d) enters into partnership or other association in regard to his business, he shall, within the prescribed time, inform the prescribed authority accordingly, and if any such dealer dies, his legal representative shall in like manner inform the said authority. **41. Production and inspection of accounts and documents and search of premises.—(1) The** Commissioner may, subject to such conditions as may be prescribed, require any dealer— (a) to produce before him such books of accounts, registers or documents, (b) to furnish such information relating to the stock of goods of, or purchases, sales or deliveries of goods by, the dealer or any other information relating to his business, as may be deemed necessary, for the purposes of this Act. (2) (a) All books of accounts, registers and documents relating to the stock of goods of, or purchases, sales and deliveries of goods by, any dealer, and (b) All goods kept in any place of business or warehouse of any dealer, shall at all reasonable times be open to inspection by the Commissioner and the Commissioner may take or cause to be taken such copies or extracts of the said books of accounts, registers or documents and such inventory of the goods found as appear to him necessary for the purposes of this Act. (3) Where the Commissioner, upon information in his possession or otherwise, has reasonable grounds to believe that— (a) any person to whom a notice under this Act was issued to produce, or cause to be produced, any books of accounts or other documents has omitted or failed to produce or caused to be produced such books of accounts or other documents, as required by such notice, or (b) any person to whom a notice as aforesaid has been or might be issued, will not, or would not produce or cause to be produced any books of accounts or other documents which will be useful for, or relevant to, any proceedings under the Bengal Finance (Sales Tax) Act, 1941 (Bengal Act VI of 1941), as it was in force in Delhi, or under this Act, (c) books of accounts, registers or documents of any dealer may be destroyed, mutilated, altered, falsified or secreted or any sales by that dealer have been or may be suppressed, with a view to evade or attempt to evade payment of tax due under the Bengal Finance (Sales Tax) Act, 1941 (Bengal Act VI of 1941), as it was in force in Delhi, or under this Act, 24 ----- the Commissioner or any other person appointed under sub-section (2) of section 9, if so authorised by the Commissioner may, — (i) enter and search any building or place where he has reason to suspect that books of accounts and other documents or the sale proceeds are kept; (ii) break open the lock of any door, box, locker, safe, almirah or other receptacle for exercising the powers conferred by clause (i) where the keys thereof are not available; (iii) seize any such books of accounts or other documents or any inventory of goods as appear to him necessary for the purposes of this Act; (iv) place marks of identification on any books of accounts or other documents or make or cause to be made extracts or copies therefrom; (v) make a note or any inventory of any such money or goods found as a result of such search; (vi) seal the premises including the office, shop, godown, box, locker, safe, almirah or other receptacle if the owner or the person in occupation or in charge of such office, shop, godown, box, locker, safe, almirah or other receptacle leaves the place or is not available or fails or refuses to open it when called upon to do so. (4) The Commissioner may requisition the services of any police officer or any public servant, or of both to assist him for all or any of the purposes specified in sub-section (3). (5) Where the Commissioner seizes any books of accounts or other documents, he shall give the dealer or the person present on his behalf, as the case may be, a receipt for the same and obtain acknowledgement of the receipt so given to him: Provided that if the dealer or person from whose custody the books of accounts or other documents are seized refuses to give an acknowledgement, the Commissioner may leave the receipt at the premises and record this fact: Provided further that the dealer or person aforesaid may file objections before the Commissioner against such search, seizure or inventory within seven days of such search seizure or inventory. (6) The Commissioner shall keep in his custody the books of accounts, registers or documents seized under sub-section (3) for such period not later than the completion of all the proceedings under this Act in respect of years for which those books of accounts, registers or documents are relevant, as he considers necessary, and thereafter shall return the same to the dealer or any other person from whose custody or power they were seized: Provided that the Commissioner may, before returning such books of accounts or other documents as aforesaid, place or cause to be placed such marks of identification thereon as appear to him to be necessary: Provided further that the Commissioner may, before returning the books of accounts and other documents, require that the dealer or the person, as the case may be, shall give a written undertaking that the books of accounts and other documents shall be presented whenever required by any competent authority for any proceedings under this Act. (7) Save as otherwise provided in this section, every search or seizure made under this section shall be carried on in accordance with the provisions of the Code of Criminal Procedure, 1973 (2 of 1974), relating to searches or seizures made under that Code. (8) The Commissioner may, for the purposes of this Act— (a) require any person, including a banking company, post office or any officer thereof, to furnish information in relation to such points or matters or to furnish statements of accounts and affairs verified in the manner specified by him, giving information in relation to such points or matters as in his opinion will be useful for, or relevant to, any proceeding under this Act; 25 ----- (b) require any person— (i) who transports or holds in custody, for delivery to or on behalf of any dealer any goods to give any information likely to be in his possession in respect of such goods or to permit inspection thereof, as the case may be; (ii) who maintains or has in his possession any books of accounts, registers or documents relating to the business of a dealer to produce such books of accounts, registers or documents for inspection. **42. Power of Commissioner and other authorities to take evidence on oath, etc.—(1) The** Commissioner or any person appointed under sub-section (2) of section 9 to assist him shall, for the purposes of this Act, 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) enforcing the attendance of any person and examining him on oath or affirmation; (b) compelling the production of accounts and documents; and (c) issuing commissions for the examination of witnesses, and any proceeding under this Act before the Commissioner or any person appointed under sub-section (2) of section 9 to assist him 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). (2) Subject to any rule made in this behalf, any authority referred to in sub-section (1) may impound and retain in its custody for such period as it thinks fit, any books of accounts or other documents produced before it in any proceedings under this Act: Provided that a person appointed under sub-section (2) of section 9 to assist the Commissioner shall not— (a) impound any books of accounts or other documents without recording his reasons for so doing; or (b) retain in his custody any such books or documents for a period exceeding thirty days, without obtaining the approval of the Commissioner therefor. CHAPTER VIII APPEALS, REFERENCE AND REVISION **43. Appeals.—(1) Any person aggrieved by any order, not being an order mentioned in** section 44 passed under this Act or the rules made thereunder, may appeal to the prescribed authority: Provided that where an order, not being an order mentioned in section 44 or made under section 47 is passed by the Commissioner, the person aggrieved may appeal therefrom to the Appellate Tribunal. (2) The Commissioner or any person aggrieved by an order passed in appeal by the prescribed authority may appeal to the Appellate Tribunal against such order. (3) Subject to the provisions of section 62, no appeal shall be entertained unless it is filed within sixty days from the date of service of the order appealed against. (4) Every appeal filed under this section shall be in the prescribed form and shall be verified in the prescribed manner and in the case of an appeal to the Appellate Tribunal filed by any person other than the Commissioner, shall be accompanied by a fee of fifty rupees. (5) No appeal against an order of assessment with or without penalty or against an order imposing the penalty shall be entertained by an appellate authority unless such appeal is accompanied by a satisfactory proof of the payment of tax with or without penalty or, as the case may be, of the payment of the penalty in respect of which the appeal has been preferred: 26 ----- Provided that the appellate authority may, if it thinks fit, for reasons to be recorded in writing, entertain an appeal against such order— (a) without payment of the tax and penalty, if any, or as the case may be, of the penalty, on the appellant furnishing in the prescribed manner security for such amount as it may direct, or (b) on proof of payment of such smaller sum, with or without security for such amount of tax or penalty which remains unpaid, as it may direct: Provided further that no appeal shall be entertained by the appellate authority unless it is satisfied that such amount of tax as the appellant may admit to be due from him has been paid. (6) The appellate authority may, after giving the appellant an opportunity of being heard,— (a) confirm, reduce, enhance or annul the assessment (including any penalty imposed), or (b) set aside the assessment (including any penalty imposed) and direct the assessing authority to make a fresh assessment after such further inquiry as may be directed, or (c) pass such order as it may think fit. (7) Save as provided in section 45, an order passed by Appellate Tribunal on appeal shall be final. **44. Non-appealable orders.—No appeal and no application for revision shall lie against—** (a) a notice issued under this Act calling upon a dealer for assessment or asking a dealer to show cause as to why he should not be prosecuted for an offence under this Act; or (b) an order pertaining to the seizure or retention of books of accounts, register and other documents; or (c) an order sanctioning prosecution under this Act; or (d) an interim order passed in the course of any proceedings under this Act. **45. Statement of case to the High Court.—(1) Within sixty days from the date of an order passed by** the Appellate Tribunal under sub-section (6) of section 43, the dealer or the Commissioner may, by application in writing, and accompanied, where the application is made by a dealer, by a fee of fifty rupees, require the Appellate Tribunal to refer to the High Court any question of law arising out of such order, and, subject to the other provisions contained in this section, the Appellate Tribunal shall, within one hundred and twenty days of the receipt of such application, draw up a statement of the case and refer it to the High Court: Provided that the Appellate Tribunal may, if it is satisfied that the dealer or the Commissioner was prevented by sufficient cause from presenting the application within the period hereinbefore specified, allow it to be presented within a further period not exceeding thirty days. (2) If the Appellate Tribunal refuses to state the case which it has been required to do, on the ground that no question of law arises, the dealer or the Commissioner, as the case may be, within thirty days of the communication of such refusal either withdraw his application (and if he does so, any fee paid shall be refunded), or apply to the High Court against such refusal. (3) If upon receipt of an application under sub-section (2), the High Court is not satisfied as to the correctness of the decision of the Appellate Tribunal, it may require the Appellate Tribunal to state the case and refer it, and on receipt of such requisition, the Appellate Tribunal shall state the case and refer it accordingly. (4) If the High Court is not satisfied that the statement in a case referred to it are sufficient to enable it to determine the questions raised thereby, the Court may refer the case back to the Appellate Tribunal for the purpose of making such additions thereto or alternations therein as it may direct in that behalf. (5) The High Court upon the hearing of any such case shall decide the question of law raised thereby, and shall deliver its judgment thereon containing the grounds on which such decision is founded, and shall send to the Appellate Tribunal a copy of such judgment under the seal of the Court and the signature of the Registrar, and the Appellate Tribunal shall dispose of the case accordingly. 27 ----- (6) Where a reference is made to the High Court under this section, the costs [which shall not include the fee referred to in sub-section (1)] shall be in the discretion of the Court. (7) The payment of the amount of tax and penalty (if any) due in accordance with the order of the Appellate Tribunal in respect of which an application has been made under sub-section (1) shall not be stayed pending the disposal of such application or any reference made in consequence thereof but if such amount is reduced as a result of such reference, the excess tax paid shall be refunded in accordance with the provisions of section 30. **46. Revision of orders prejudicial to revenue.—The Commissioner may call for and examine the** records of any proceeding under this Act and if he considers that any order passed therein by any person appointed under sub-section (2) of section 9 to assist him, is erroneous in so far as it is prejudicial to the interests of revenue, he may, after giving the dealer an opportunity of being heard and after making or causing to be made such inquiry as he deems necessary, pass such order thereon as the circumstances of the case justify, including an order enhancing or modifying the assessment and penalty (if any) imposed or cancelling the assessment and penalty (if any) imposed and directing a fresh assessment: Provided that a final order under this section shall be made before the expiry of five years from the date of the order sought to be revised. **47. Revision of other orders.—(1) In the case of any order, other than an order referred to in** section 44 or to which section 46 applies, passed by a person appointed under sub-section (2) of section 9 to assist him, the Commissioner may, either on his own motion or on an application filed in accordance with such rules as may be prescribed, call for the record of any proceeding under this Act in which any such order has been passed and may make such inquiry or cause such inquiry to be made and, subject to the provisions of this Act, may pass such orders thereon, not being an order prejudicial to the dealer, as he thinks fit: Provided that the Commissioner shall not revise any order under this sub-section,— (a) where an appeal against the order is pending before the appellate authority under section 43; or (b) where, if such appeal lies, the time within which it may be filed has not expired, or (c) where in the case of the second appeal, the dealer has not waived his right of appeal. (2) The Commissioner shall not on his own motion revise any order under this section after the expiry of two years from the date of the order sought to be revised. (3) In the case of an application for revision under this section by the dealer, the application shall be made within two years from the date on which the order in question was communicated to him or the date on which he otherwise comes to know of it, whichever is earlier. **48.** **Rectification** **of** **mistakes.—(1)** The Commissioner or any person appointed under sub-section (2) of section 9 to assist him, may at any time within two years from the date of any order passed by the Commissioner or by that person, as the case may be, on his own motion, rectify any mistake apparent from the record, and shall within a like period, rectify any such mistake which has been brought to his notice by any person affected by such order: Provided that no such rectification shall be made, if it has the effect of enhancing the tax or reducing the amount of refund, unless the Commissioner or the person appointed under sub-section (2) of section 9 to assist him, as the case may be, has given notice in writing to the person likely to be affected by the order of his intention to do so and has allowed such person a reasonable opportunity of being heard. (2) The provisions of sub-section (1) shall apply to the rectification of a mistake by an appellate authority under section 43 as they apply to the rectification of a mistake by the Commissioner. 28 ----- (3) Where any matter has been considered and decided in any proceeding by way of appeal or revision relating to an order referred to in sub-section (1) or sub-section (2), the authority passing such order may, notwithstanding anything contained in any law for the time being in force, amend the order under sub-section (1) or sub-section (2), as the case may be, in relation to any matter other than the matter which has been so considered and decided. (4) Where any such rectification has the effect of reducing the amount of the tax or penalty, the Commissioner shall, in the prescribed manner, refund any amount due to such person. (5) Where any such rectification has the effect of enhancing the amount of the tax or penalty or reducing the amount of the refund, the Commissioner shall recover the amount due from such person in the manner provided for in Chapter V. (6) Save as provided in the foregoing sub-sections, and subject to such rules as may be prescribed, any assessment made or order passed under this Act or the rules made thereunder by any person appointed under section 9 or by the Appellate Tribunal may be reviewed by such person or by the Appellate Tribunal, as the case may be, suo motu or upon an application made in that behalf. (7) Before any order is passed under sub-section (6) which is likely to affect any person adversely, such person shall be given a reasonable opportunity of being heard. **49. Determination of disputed questions.—(1) If any question arises, otherwise than in proceedings** before a court, or before the Commissioner has commenced assessment or reassessment of a dealer under section 23 or 24, whether for the purposes of this Act,— (a) any person, society, club or association or any firm or any branch or department of any firm is a dealer; or (b) any particular thing done to any goods amounts to or results in the manufacture of goods within the meaning of that term as given in clause (h) of section 2; or (c) any transaction is a sale, and if so, the sale price therefor; or (d) any particular dealer is required to be registered; or (e) any tax is payable in respect of any particular sale, or if the tax is payable, the rate thereof, the Commissioner shall, within such period as may be prescribed, make an order determining such question. _Explanation.—For the purposes of this sub-section, the Commissioner shall be deemed to have_ commenced assessment or reassessment of a dealer under section 23 or section 24, when the dealer is served with any notice by the Commissioner under section 23 or section 24 as the case may be. (2) The Commissioner may direct that the determination shall not affect the liability of any person under this Act as respects any sale effected prior to the determination. (3) If any such question arises from any order already passed under this Act or under the Bengal Finance (Sales Tax) Act, 1941 (Bengal Act VI of 1941), as then in force in Delhi, no such question shall be entertained for determination under this section; but such question may be raised in appeal against, or by way of revision of such order. CHAPTER IX OFFENCES AND PENALTIES **50. Offences.—(1) Whoever—** (a) holds, gives, produces or accepts a declaration under the second proviso to clause (a) of sub-section (2) of section 4, or under the first proviso to section 5, which he knows or has reason to believe to be false; or (b) carries on business as a dealer without obtaining a certificate of registration as required under sub-section (1) of section 14 or sub-section (1) of section 17; or 29 ----- (c) not being a registered dealer, represents when purchasing goods that he is a registered dealer or; (d) being a registered dealer, represents when purchasing any goods or class of goods not covered by his certificate of registration, that such goods or class of goods are covered by such certificate; or (e) fails to comply with the provisions of sub-section (5) of section 20; or (f) fails to submit any return as required by sub-section (2) of section 21 by the prescribed date or submits a false return; or (g) not being a registered dealer, collects any amount by way of tax under this Act or make any collection of such tax otherwise than in accordance with this Act or the rules made thereunder; or (h) fails to keep a true account of the value of goods bought or sold by him as required by section 38, or fails when required so to do under that section, to keep any account or record of purchases or sales specified in any notice or notification referred to in that section; or (i) fails or neglects to issue cash memorandum or bills as required under section 39; or (j) knowingly maintains or produces incorrect accounts, registers or documents or knowingly furnishes incorrect information; or (k) neglects to furnish any information required by section 40; or (l) refuses to comply with any requirements made of him under section 41; or (m) closes his place of business with a view to preventing inspection under section 41; or (n) obstructs or prevents any officer making inspection, search or seizure under section 41, or performing any functions under section 64, as the case may be; or (o) being the owner or person in charge of a goods vehicle fails, neglects or refuses to comply with any of the requirements contained in section 64; or (p) aids or abets any person in the commission of any offence specified in clauses (a) to (o), shall be punishable with rigorous imprisonment for a term which may extend to six months or with fine, or with both, and where the offence is a continuing one, with a daily fine not exceeding two hundred rupees during the period of the continuance of the offence: Provided that no prosecution for an offence under this Act shall be instituted in respect of the same facts in respect of which a penalty has been imposed under sub-section (6) of section 20, sub-section (6) of section 23, section 55, section 56 or section 57: Provided further that a person shall not be deemed to have committed an offence under clause (b) if he had applied for registration under this Act in accordance with the provisions of sub-section (2) of section 14, or sub-section (2) of section 17, as the case may be. (2) Notwithstanding anything contained in sub-section (1), if any person commits an offence under clause (a) or clause (f) or clause (j) or clause (l) or clause (m) or clause (o) of that sub-section and the court is satisfied that the offence has been committed wilfully, he shall be punishable with rigorous imprisonment for a term which may extend to six months and with fine, and where the offence is a continuing one, with a daily fine not exceeding three hundred rupees during the period of the continuance of the offence. **51. Offences by companies.—(1) Where an offence under this Act has been committed by a** company, every person who at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. 30 ----- (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 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. **52. Cognizance of offences.—(1) No court shall take cognizance of any offence under this Act or** rules made thereunder except with the previous sanction of the Commissioner, and no court inferior to that of a Metropolitan Magistrate shall try any such offence. (2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), all offences punishable under this Act or rules made thereunder shall be cognizable and bailable. **53. Investigation of offences.—(1) Subject to such conditions as may be prescribed, the** Commissioner may authorise either generally or in respect of a particular case or class of cases any person appointed under sub-section (2) of section 9 to assist him to investigate all or any of the offences punishable under this Act. (2) Every person so authorised shall, in the conduct of such investigation exercise the powers conferred by the Code of Criminal Procedure, 1973 (2 of 1974), upon an officer in charge of a police station for the investigation of a cognizable offence. **54. Composition of offences.—(1) Subject to such conditions as may be prescribed, the** Commissioner may accept, from any person alleged to have committed an offence under section 50 or under any rules made under this Act, either before or after the commencement of any proceedings against such person in respect of such offence, by way of composition for such offence, a sum not exceeding five thousand rupees or where the offence alleged to have been committed is under any of the clauses (a), (b), (c), (d) and (f) of that section, not exceeding three times the amount of the tax which would thereby have been avoided, whichever is higher. (2) On payment in full of such sum as may be determined by the Commissioner under sub-section (1),— (a) no proceedings shall be commenced against such person as aforesaid; and (b) if any proceedings have already been commenced against such person as aforesaid, such proceedings shall not be further proceeded with. **55. Imposition of Penalty.—(1) If a dealer fails without reasonable cause to furnish any return by the** prescribed date as required under sub-section (2) of section 21, or to pay the tax due according to the return as required by sub-section (3) of that section, the Commissioner may after giving the dealer an opportunity of being heard, direct that the dealer shall pay, by way of penalty, in addition to the amount of tax payable, a sum not exceeding twice that amount or where no tax is payable a sum not exceeding two thousand rupees. (2) The penalties specified under sub-section (1) may be imposed by the Commissioner notwithstanding the fact that assessment proceedings have not been initiated against the dealer under section 23. **56. Penalty for concealment of sales or furnishing inaccurate particulars or making false** **representations.—(1) If the Commissioner or any person appointed under sub-section (2) of section 9 to** assist him, in the course of any proceedings under this Act, is satisfied that a dealer has concealed the particulars of his sales or has furnished inaccurate particulars of his sales, he may, after giving the dealer a reasonable opportunity of being heard, direct that the dealer shall pay, by way of penalty, in addition to 31 ----- the amount of tax payable, a sum not exceeding two and a half times the amount of tax which would thereby have been avoided. (2) If a person commits an offence under clause (a) of section 50, the Commissioner or any person appointed under sub-section (2) of section 9 to assist him may, after giving that person a reasonable opportunity of being heard, by order in writing, impose upon such person by way of penalty, a sum not exceeding two and a half times the amount of tax which would thereby have been avoided. (3) If a person purchasing goods commits an offence under clause (c) or clause (d) of section 50, the authority which granted him, or, as the case may be, is competent to grant 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 two and a half times the tax which could have been levied under this Act in respect of the sale to him of the goods, if the offence had not been committed. **57. Penalty for contravening provisions regarding collection of tax by dealers.—If any person** acts in contravention of the provisions of section 22, he shall be liable to a penalty not exceeding two and a half times the tax wrongly collected: Provided that the Commissioner shall not impose such penalty unless the person concerned has been given an opportunity of being heard. CHAPTER X MISCELLANEOUS **58. Service of notice when family is disrupted or firm is dissolved.—(1) Where a Hindu undivided** family has been partitioned, notices under this Act may be served on the person who was the last manager of the Hindu family, or if such person cannot be found, then on all adults who were members of the Hindu family, immediately before the partition. (2) Where a firm or an association of persons is dissolved, notices under this Act may be served on any person who was a partner (not being a minor) of the firm, or member of the association, as the case may be, immediately before its dissolution. **59. Service of notice in the case of discontinued business.—Where an assessment is to be made in** respect of business which has been discontinued, a notice under this Act shall be served in the case of a firm or an association of persons on any person who was a member of such firm or association at the time of its discontinuance or in the case of a company on the principal officer thereof. **60. Appearance before any authority in proceedings.—(1) Any person, who is entitled or required** to attend before any authority in connection with any proceedings under this Act, may attend,— (a) by a person authorised by him in writing in this behalf, being a relative or a person regularly employed by him; or (b) by a legal practitioner or chartered accountant who is not disqualified by or under sub-section (2); or (c) by a sales tax practitioner who possesses the prescribed qualifications and is entered in the list which the Commissioner shall maintain in that behalf, and who is not disqualified by or under sub-section (2). (2) The Commissioner may, by order in writing and for reasons to be recorded therein, disqualify for such period as is stated in the order from attending before any such authority any legal practitioner, chartered accountant or sales tax practitioner— (i) who has been removed or dismissed from Government service; or (ii) who being a legal practitioner or chartered accountant is found guilty of misconduct in connection with any proceedings under this Act by an authority empowered to take disciplinary action against the members of the profession to which he belongs; or (iii) who being a sales tax practitioner is found guilty of such misconduct by the Commissioner. 32 ----- (3) No order of disqualification shall be made in respect of any particular person unless he has been given a reasonable opportunity of being heard. (4) Any person against whom any order of disqualification is made under this section may, within one month of the date of communication of such order, appeal to the Administrator to have the order cancelled. (5) The order of the Commissioner shall not take effect until one month of the making thereof or when an appeal is preferred, until the appeal is decided. (6) The Commissioner may at any time _suo motu or on an application made to him in this behalf,_ revoke any order made against any person under sub-section (2) and thereupon such person shall cease to be disqualified. **61. Change of an incumbent of an office.—Whenever in respect of any proceeding under this Act** the Commissioner or any person appointed under sub-section (2) of section 9 to assist him, ceases to exercise jurisdiction and is succeeded by another who has and exercises jurisdiction, the person so succeeding may continue the proceeding from the stage at which the proceeding was left by his predecessor: Provided that the dealer concerned may demand that before the proceeding is so continued, the previous proceeding or any part thereof be reopened or that before any order of assessment is passed against him, he be re-heard. **62. Extension of period of limitation in certain cases.—(1) An Appellate authority may admit an** appeal under section 43 after the period of limitation laid down in that section, if the appellant satisfies the appellate authority that he has sufficient cause for not preferring the appeal within such period. (2) In computing the period laid down under sections 43, 45, 46 and 47, the provisions of sections 4 and 12 of the Limitation Act, 1963 (36 of 1963), shall, so far as may be, apply. (3) In computing the period of limitation prescribed by or under any provision of this Act, or the rules made thereunder, other than section 43, 45, 46 or 47, any period during which any proceeding is stayed by an order or injunction of any court shall be excluded. **63. Returns, etc., to be confidential.—(1) All particulars contained in any statement made, return** furnished or accounts or documents produced in accordance with this Act, or in any record of evidence given in the course of any proceedings under this Act, other than proceedings before a criminal court, shall, save as provided in sub-section (3), be treated as confidential, and notwithstanding anything contained in the Indian Evidence Act, 1872 (1 of 1872), no court shall, save as aforesaid, be entitled to require any servant of the Government to produce before it any such statement, return, account, document or record or any part thereof, or to give evidence before it in respect thereof. (2) If, save as provided in sub-section (3), any servant of the Government discloses any of the particulars referred to in sub-section (1), he shall be punishable with imprisonment which may extend to six months, and shall also be liable to fine. (3) Nothing in this section shall apply to the disclosure— (a) of any of the particulars referred to in sub-section (1) for the purposes of investigation or prosecution under this Act or the Indian Penal Code (45 of 1860) or any other enactment for the time being in force; or (b) of such facts to an officer of the Central Government or any State Government as may be necessary for verification of such facts or for the purposes of enabling that Government to levy or realise any tax imposed by it; or (c) of any such particulars where such disclosure is occasioned by the lawful employment under this Act of any process for the service of any notice or the recovery of any demand; or 33 ----- (d) of any such particulars to a civil court in any suit or proceeding to which the Government or any sales tax authority is a party and which relates to any matter arising out of any proceeding under this Act or under any other law for the time being in force authorizing any sales tax authority to exercise any powers thereunder; or (e) of any such particulars by any public servant where the disclosure is occasioned by the lawful exercise by him of his powers under the Indian Stamp Act, 1899 (2 of 1899), to impound an insufficiently stamped document; or (f) of any such particulars to the Reserve Bank of India as are required by that Bank to enable it to compile financial statistics of international investment and balance of payment; or (g) of any such particulars to any officer appointed by the Comptroller and Auditor-General of India for purpose of audit of tax receipts or refunds; or (h) of any such particulars relevant to any inquiry into a charge of misconduct in connection with income-tax proceedings against a legal practitioner or chartered accountant, to the authority empowered to take disciplinary action against members of the profession to which he belongs; or (i) of such particulars to the officers of the Central Government or any State Government for such other purposes, as the Administrator may by general or special order direct. **64. Setting up of check-posts and barriers.—(1) The Administrator may, by notification in the** Official Gazette, set up check-posts or barriers, or both, at any place in Delhi with a view to preventing evasion of tax and other dues payable under this Act. (2) The owner or person in charge of a goods vehicle shall carry with him a goods vehicle record, a trip sheet or a log book, as the case may be, and a bill of sale or a delivery note containing such particulars as may be prescribed in respect of the goods carried in the goods vehicle and produce the same before any officer in charge of a check-post or barrier or any other officer as may be empowered by the Administrator in this behalf. (3) The owner or person in charge of a goods vehicle entering or leaving Delhi shall also file a declaration containing such particulars in the prescribed form obtainable from the prescribed authority and in such manner as may be prescribed, before the officer in charge of a check-post or barrier or before the other officer empowered as aforesaid: Provided that where the owner or person in charge of a goods vehicle after filing a declaration at the time of entering Delhi that the goods are meant to be carried to a place outside Delhi, fails, without reasonable cause, to carry such goods outside Delhi within the prescribed period, he shall, in addition to the payment of tax, if any, be liable to a penalty not exceeding two and a half times the tax that would have been payable had the goods been sold inside Delhi or one thousand rupees, whichever is more. (4) At every check-post or barrier, or at any other place when so required by an officer empowered by the Administrator in this behalf, the driver or any other person in charge of a goods vehicle shall stop the vehicle and keep it stationary so long as may be required by the officer in charge of the check-post or barrier or the officer empowered as aforesaid to search the goods vehicle or part thereof, examine the contents therein and inspect all records relating to the goods carried, which are in the possession of such driver or other person in charge, who shall, if so required, give his name and address and the name and address of the owner of the vehicle as well as those of the consignor and consignee of the goods. (5) If on an examination of the contents in a goods vehicle or the inspection of records relating to the goods carried, any officer empowered by the Administrator in this behalf has reason to believe that the owner or person in charge of such goods vehicle is attempting to evade payment of the tax due under this Act, he may, for reasons to be recorded in writing and after hearing the owner or person in charge of the goods vehicle, detain the goods and the goods so detained shall not be allowed to be transported unless the owner, or his agent or the person in charge of the goods vehicle furnishes to the satisfaction of such officer security in such form and in such manner as may be prescribed for an amount not exceeding one thousand rupees or the amount of tax payable if such goods were sold in Delhi, whichever is more. 34 ----- (6) Where the security required to be furnished under sub-section (5) is not furnished within the prescribed period such goods shall be disposed of in such manner and subject to such conditions as may be prescribed. _Explanation.—For the purposes of this section, “goods vehicle” shall include a motor vehicle, vessel,_ boat, animal and any other form of conveyance. **65. Publication of names, etc., of dealers whose certificates of registration are cancelled.—The** Commissioner shall, at intervals not exceeding three months, publish in the Official Gazette such particulars as may be prescribed of dealers whose certificates of registration are cancelled under the provisions of this Act. **66. Exemptions.—(1) If the Administrator is of opinion that it is necessary or expedient in the public** interest so to do, he may, with the previous approval of the Central Government, exempt, by notification in the Official Gazette, and subject to such conditions, if any, as he may impose, any specified class of sales by any specified class of dealers from payment of the whole or any part of the tax payable under this Act. (2) If in respect of any sales which are exempt from payment of tax under sub-section (1), a breach of any of the conditions subject to which such exemption was granted, is committed, the dealer responsible for such breach shall be liable to pay tax in respect of all such sales as if no such exemption had been granted. **67. Bar of suits in civil courts.—No suit shall be brought in any civil court to set aside or modify** any assessment made or any order passed under this Act or the rules made thereunder and no prosecution, suit or other proceeding shall lie against the Government or any officer of the Government for anything in good faith done or intended to be done under this Act or the rules made thereunder. **68. Transfers during pendency of proceedings void.—Where, during the pendency of any** proceeding under this Act, any person creates a charge on or parts with the possession by way of sale, mortgage, gift or exchange or any other mode of transfer whatsoever, of any of his assets in favour of any other person, such charge or transfer shall be void as against any claim in respect of any tax or any other sum payable by such person as a result of the completion of the said proceedings. **69. Chapter XXXVI of the Code of Criminal Procedure, 1973, not to apply to certain** **offences.—Nothing in Chapter XXXVI of the Code of Criminal Procedure, 1973 (2 of 1974), shall** apply to— (i) any offence punishable under this Act; or (ii) any other offence which under the provisions of that Code, may be tried along with such offence, and every offence referred to in clause (i) or clause (ii) may be taken cognizance of by the court having jurisdiction under this Act as if the provisions of that Chapter were not enacted. **70. Application of the provisions of the Delhi Land Reforms Act, 1954 for purposes of recovery** **of sales tax recoverable as arrears of land revenue.—For the purposes of recovery of any amount** recoverable as arrears of land revenue under this Act, the provisions of the Delhi Land Reforms Act, 1954 (Delhi Act 8 of 1954), as to recovery of arrears of land revenue shall, notwithstanding anything contained in that Act or in any other enactment, be deemed to be in force throughout Delhi and the provisions of the Revenue Recovery Act, 1890 (1 of 1890), shall have effect accordingly. **71. Power to make rules.—(1) The Administrator may 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 further period after the date of expiry of three consecutive years referred to in sub-section (3) of section 3 for which liability to pay tax of a dealer shall continue; 35 ----- (b) the particulars to be contained in a declaration under sub-clause (v) of clause (a) of sub-section (2) of section 4, or under section 5, as the case may be, the form of such declaration, the authority from whom such forms shall be obtainable and the manner in which and the time within which such declaration is to be furnished. (c) the period of turnover, the manner in which the turnover in relation to sale of any goods under this Act shall be determined and the sales turnover which may be deducted under sub-clause (vi) of clause (a) of sub-section (2) of section 4; (d) the restrictions and conditions subject to which the Commissioner may delegate his powers under section 10; (e) the authority to whom applications for registration under sections 14, 15, 16 and 17 may be made and the form of such applications and the fees payable in respect thereof; (f) the procedure for and other matters incidental to registration of dealers, the granting of certificates of registration, the period within which such certificates shall be granted and the forms of such certificates; (g) the intervals at which, and the manner in which, the tax under this Act shall be payable under section 21; (h) the returns to be furnished under sub-section (2) of section 21 and dates by which, and the authority to whom, such returns shall be furnished; (i) the procedure to be followed for assessment under section 23; (j) the circumstances in which, and the conditions subject to which, a dealer may be permitted to pay a lump sum by way of composition under section 29 and the manner of determining such sum; (k) the form in which claims for refund or set-off may be preferred, the manner in which such claims for refund shall be verified and the refunds or set-off under this Act shall be allowed; (l) the authority to whom information shall be furnished under section 40; (m) the conditions under which the production of accounts or documents or the furnishing of information may be required under sub-section (1) of section 41; (n) the form and manner in which, and the authority to whom, appeals against assessment may be filed under section 43, the manner in which such appeals shall be verified and the fees payable in respect thereof and the procedure, to be followed by such authority; (o) the form and manner in which applications for revision under section 47 or for review under sub-section (5) of section 48 may be filed and the fee payable in respect thereof; (p) the conditions subject to which the Commissioner may authorise the persons appointed under sub-section (2) of section 9 to assist him to investigate offences under sub-section (1) of section 53; (q) the conditions under which offences may be compounded under section 54; (r) the manner in which, and the time within which, applications shall be made (including fees payable in respect thereof), information furnished, securities given and notices served under this Act; (s) any other matter which is required to be, or may be, prescribed. (3) Any rules made under this Act may provide that a contravention thereof shall be punishable with fine which may extend to five hundred rupees, and in the case of a continuing contravention, with an additional fine which may extend to twenty-five rupees for every day during which such contravention continues after conviction for the first such contravention. **72. Rules to be laid before Parliament.—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 36 ----- 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. **73. Repeal and savings.—(1) The Bengal Finance (Sales Tax) Act, 1941 (Bengal Act VI of 1941), as** in force in Delhi (hereinafter referred to as the said Act), is hereby repealed: Provided that such repeal shall not affect the previous operation of the said Act or any right, title, obligation or liability already acquired, accrued or incurred thereunder and subject thereto, anything done or any action taken including any appointment, notification, notice, order, rule, form or certificate in the exercise of any power conferred by or under the said Act 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 date on which such thing was done or action was taken, and all arrears of tax and other amounts due at the commencement of this Act may be recovered as if they had accrued under this Act. (2) Any application for revision pending immediately before the date on which the Appellate Tribunal is constituted under section 13 (hereafter in this section referred to as the notified date), before the Commissioner under the Bengal Finance (Sales Tax) Act, 1941 (Bengal Act VI of 1941), as in force in the Union territory of Delhi shall on such date stand transferred to, and be disposed of by the Tribunal: Provided that no application for revision shall be transferred to the Appellate Tribunal if the petitioner making the application for revision waives his right of appeal to the Tribunal within fifteen days after the notified date, in which case the application for revision shall be disposed of by the Commissioner as if it were an application for revision made under section 47. (3) Any application for revision, pending immediately before the notified date, before the Commissioner and transferred to the Appellate Tribunal under sub-section (2) shall be disposed of by the Appellate Tribunal as if it were an appeal made to the Tribunal under and in accordance with the provisions of section 43 of this Act. (4) Where an appeal against an order passed by an officer under this Act lies to the Appellate Tribunal after the notified date, and the period of limitation specified for filing such appeal under this Act has not expired, then, such appeal shall lie to the Tribunal within thirty days of the notified date or within the expiry of the period of limitation specified for filing such appeal, whichever is later. **74. Removal of difficulties.—(1) If any difficultly arises in giving effect to the provisions of this Act,** the Central Government may, by general or special order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for the removal of the difficulty: Provided that no such order shall be made after the expiration of one year from the commencement of this Act. (2) Every order made under sub-section (1) shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the order or both Houses agree that the order should not be made, the order shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that order. **75. Transitional provisions.—Where a dealer liable to pay tax under the Bengal Finance (Sales Tax)** Act, 1941 (Bengal Act VI of 1941), as in force in Delhi immediately before the commencement of this Act is not liable to pay tax under the provisions of this Act, he shall, notwithstanding the repeal of the first mentioned Act, continue to be liable to pay tax on the sales made by him after such commencement of all goods— (i) purchased by him before such commencement, (ii) manufactured by him before or after such commencement out of raw materials purchased before such commencement. 37 ----- THE FIRST SCHEDULE [See section 4 (1) (a)] 1. Motor vehicles, including chassis of motor vehicles, motor tyres and tubes, accessories, component parts and spare parts of motor vehicles and motor bodies. 2. Motor cycle and motor and cycle combinations, motor scooters, motorettes and tyres and tubes, and accessories, component parts and spare parts of motor cycles, motor scooters and motorettes. 3. Refrigerators, air-conditioning and other cooling appliances and apparatus including room coolers and water coolers and component parts, spare parts and accessories thereof. 4. Wireless reception instruments and apparatus, radios and radio-gramophones, television sets, accumulators, amplifiers and loudspeakers and spare parts, component parts and accessories thereof, and electrical valves. 5. Cinematographic equipment including cameras, projectors and sound recording and reproducing equipment, and spare parts, component parts and accessories required for use therewith, and lenses, films and cinema carbons. 6. Photographic and other cameras and enlargers, lenses, films and plates, paper and other component parts, spare parts and accessories required for use therewith including photographic chemicals and photographs but excluding X-ray apparatus and films, plates, photographic chemicals and other equipment required for use with the X-ray apparatus and component parts, spare parts and accessories thereof. 7. All clocks, time pieces, watches, electrical time switches and mechanical timers and component parts, spare parts and accessories thereof. 8. All arms including rifles, revolvers, pistols and ammunition for the same, and component parts, spare parts and accessories thereof. 9. Cigarette cases and lighters. 10. Dictaphone, tape-recorders and other similar apparatus for recording sound and component parts, spare parts and accessories thereof. 11. Sound transmitting equipment including telephones and loudspeakers and component parts, spare parts and accessories thereof but excluding sound amplifying apparatus carried on the person and adapted for use as a hearing aid. 12. Typewriters, tabulating, calculating, cash registering, indexing, card punching, franking and addressing machines, teleprinters and duplicating machines and component parts, spare parts and accessories thereof. 13. Binoculars, telescopes and opera glasses and component parts, spare parts and accessories thereof. 14. Gramophones, record players, record changers and component parts, spare parts and accessories thereof and records and needles. 15. All electronic and electrical goods other than torches, torch cells and filament lighting bulbs. 16. Table cutlery including knives and forks, but not including spoons. 17. All types of sanitary goods and fittings. 18. (i) All goods made of glass but not including plain glass panes, optical lenses, hurricane lantern chimneys, phials, clinical syringes, thermometers, bangles and scientific apparatus and instruments made of glass. (ii) Glazed earthenware. (iii) Chinaware, including crockery. 38 ----- 19. Vacuum flasks of all kinds (including thermoses, thermic jugs, ice buckets or boxes, urns and other domestic receptacles to keep food or beverages hot or cold) and refills thereof. 20. Liquor (foreign liquor and Indian-made foreign liquor). 21. Picnic set sold as a single unit. 22. Iron and steel safes and almirahs. 23. Motor spirit, high speed diesel oil, aviation gasoline, aviation turbine fuel and all other varieties of fuel for motor vehicles and aircrafts. 24. Cosmetics, perfumery and toilet goods including shampoos but not including soap, tooth brush, tooth paste, tooth powder and kumkum. 25. Leather goods excepting footwear, belts and sports articles made of leather. 26. Furniture including iron and steel furniture. 27. Sheets, cushions, pillows, mattresses and other articles made from foam rubber or plastic foam or other synthetic foam. 28. Furs and articles of personal or domestic use made therefrom. 29. Articles and wares made of stainless steel excluding safety razor blades and surgical instruments or parts of industrial machinery and plant. 30. Perambulartors. 31. Plastic, celluloid bakelite and goods and goods made of similar other substances but not including such goods of value not exceeding thirty rupees per piece. 32. Fireworks including coloured matches. 33. Lifts whether operated by electricity or hydraulic power. 34. All types of glazed and vitrum tiles, mosaic tiles, laminated sheets like Sun mica, Formica, etc. __________ THE SECOND SCHEDULE [See section 4 (1) (b)] 1. Coal including coke in all its forms. 2. Cotton as defined in section 14 of the Central Sales Tax Act, 1956 (74 of 1956). 3. Iron and steel as defined in section 14 of the Central Sales Tax Act, 1956 (74 of 1956). 4. Jute as defined in section 14 of the Central Sales Tax Act, 1956 (74 of 1956). 5. Oil seeds as defined in section 14 of the Central Sales Tax Act, 1956 (74 of 1956). 6. Hides and skins, whether in a raw or dressed state. 7. Cotton yarn as defined in section 14 of the Central Sales Tax Act, 1956 (74 of 1956), and cotton thread. 39 ----- THE THIRD SCHEDULE (See section 7) 1. All cereals and pulses including all forms of rice and their brans and cooked dal. 2. Flour including atta, maida, besan and suji. 3. Chapaties, paranthas, stuffed paranthas, puries, stuffed puries, kulchas, nans and bhaturas and bread (double roti). 4. Meat and fish other than canned, preserved, processed, dried, dehydrated or cooked. 5. Fresh eggs. 6. Vegetables, green or dried (except when sold in sealed containers) and vegetables seeds. 7. Fruits other than dry fruits or canned, preserved, dried or dehydrated fruits. 8. Sugar as defined in the Central Excises and Salt Act, 1944 (1 of 1944). 9. Salt. 10. Fresh milk (whole or separated) including boiled and sugared milk. 11. Edible oils produced in indigenous _kohlu or_ _ghani (without employing electricity or any other_ power at any stage) when sold by the person owning such indigenous kohlu or _ghani and dealing_ exclusively in the production of edible oils by such indigenous kohlu and ghani. 12. Dahi and lassi. 13. All varieties of cotton fabrics, rayon or artificial silk fabrics and woollen fabrics. _Explanation.—The expression “cotton fabrics”, “rayon or artificial silk fabrics” and “woollen fabrics”_ shall have the same meanings as are, respectively assigned to them in the Central Excises and Salt Act, 1944 (1 of 1944). 14. Books and periodicals, maps, educational charts, instruments boxes used by students and educational globes and instruments, such as instruments used in mechanical drawing and biology, used by students. 15. Fuel wood and charcoal. 16. School exercise and drawing books. 17. Agricultural implements including chaff cutters and persian wheels or parts thereof and electric motors including monoblock pump sets of 3 to 7 [horse power. ] 18. Cattle feeds, including fodder and poultry feeds. 19. Electric energy. 20. Fertilizers. 21. Water but not aerated water or mineral water or water sold in bottles or sealed containers. 22. Tobacco as defined under the Central Excises and Salt Act, 1944 (1 of 1944). 23. (i) Country made shoes (Juties). When manufactured— (ii) Cane and bamboo handicrafts. (a) without the use of power, and (iii) Earthen wares made by Kumhars. 24. Charkha, takli and charkha accessories. (b) at a place other than a factory as defined in the Factories Act, 1948 (63 of 1948) and sold either by the maker himself or by any member of his family or by a cooperative society consisting wholly of the makers of such articles. 40 ----- 25. Slate, slate pencils, takhties, black ink used for takhties, writing chalks, crayons (excluding colour pencils), foot-rules of the types used in schools and kalams (pens used for takhties). 26. Betel leaves including prepared pans. 27. Pesticides for plant protection. 28. Plant protection machines. 29. Ready-made garments of khadi made out of cloth certified as such under the Khaddar (Protection of Name) Act, 1950 (78 of 1950). 30. Condoms. 31. Blood for transfusion that is to say fresh human blood or plasma, liquid or dried. 32. Handspun yarn. 33. Achar and muraba except when sold in sealed containers. 34. Scientific goods including scientific glass goods, geometrical and drawing goods used in Schools and Colleges for teaching and for use by students. 35. Livestock including poultry. 36. Cotton paddings. 41 -----

18-Aug-1975

51

The Customs Tariff Act, 1975

https://www.indiacode.nic.in/bitstream/123456789/8774/1/a197551.pdf

central

### THE CUSTOMS TARIFF ACT, 1975 ____________ ### ARRANGEMENT OF SECTIONS Last Updated: 08-05-2023 SECTIONS 1. Short title, extent and commencement. 2. Duties specified in the Schedules to be levied. 3. Levy of additional duty equal to excise duty, sales tax, local taxes and other charges. 3A. [Omitted.]. 4. Levy of duty where standard rate and preferential rate are specified. 5. Levy of a lower rate of duty under a trade agreement. 6. Power of Central Government to levy protective duties in certain cases. 7. Duration of protective duties and power of Central Government to alter them. 8. Emergency power to Central Government to increase or levy export duties. 8A. Emergency power of Central Government to increase import duties. 8B. Power of Central Government to apply safefuard measures. 8C. [Omitted.]. 9. Countervailing duty on subsidized articles. 9A. Anti-dumping duty on dumped articles. 9AA. Refund of anti-dumping duty in certain cases. 9B. NO levy under section 9 or section 9A in certain cases. 9C. Appeal. 10. Rules to be laid before Parliament. 11. Power of Central Government to alter duties under certain circumstances. 11A. Power of Central Government to amend First Schedule. 12. Repeal and saving. ### 13. Consequential amendment of Act 52 of 1962. FIRST SCHEDULE-Import Tariff. SECOND SCHEDULE-Export Tariff. ### *Subject to verification and confirmation by the Department. ----- ### THE CUSTOMS TARIFF ACT, 1975 ACT NO 51 OF 1975 [18th August, 1975] An Act to consolidate and amend the law relating to Customs Duties. BE it enacted by Parliament in the Twenty-sixth Year of the Republic of India as follows:— **1. Short title, extent and commencement.—(1) This Act may be called the Customs Tariff Act,** 1975. (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. Duties specified in the Schedules to be levied.—The rates at which duties of customs shall be** levied under the Customs Act, 1962 (52 of 1962), are specified in the First and Second Schedules. **2[3. Levy of additional duty equal to excise duty, sales tax, local taxes and other charges.—(1)** Any article which is imported into India shall, in addition, be liable to a duty (hereafter in this section referred to as the additional duty) equal to the excise duty for the time being leviable on a like article if produced or manufactured in India and if such excise duty on a like article is leviable at any percentage of its value, the additional duty to which the imported article shall be so liable shall be calculated at that percentage of the value of the imported article: Provided that in case of any alcoholic liquor for human consumption imported into India, the Central Government may, by notification in the Official Gazette, specify the rate of additional duty having regard to the excise duty for the time being leviable on a like alcoholic liquor produced or manufactured in different States or, if a like alcoholic liquor is not produced or manufactured in any State, then, having regard to the excise duty which would be leviable for the time being in different States on the class or description of alcoholic liquor to which such imported alcoholic liquor belongs. _Explanation.—In this sub-section, the expression “the excise duty for the time being leviable on a like_ article if produced or manufactured in India” means the excise duty for the time being in force which would be leviable on a like article if produced or manufactured in India or, if a like article is not so produced or manufactured, which would be leviable on the class or description of articles to which the imported article belongs, and where such duty is leviable at different rates, the highest duty. (2) For the purpose of calculating under sub-sections (1) and (3), the additional duty on any imported article, where such duty is leviable at any percentage of its value, the value of the imported article shall, notwithstanding anything contained in section 14 of the Customs Act, 1962 (52 of 1962), be the aggregate of — (i) the value of the imported article determined under sub-section (1) of section 14 of the Customs Act, 1962 (52 of 1962) or the tariff value of such article fixed under sub-section (2) of that section, as the case may be; and 1. 2nd August, 1976, vide notification No. 398-Cus., dated 31st July, 1976, see Gazette of India, Extraordinary, Part II, sec. 3(i). 2. Subs. by Act 18 of 2005, s. 72, for section 3 (w.e.f. 13-5-2005). 2 ----- (ii) any duty of customs chargeable on that article under section 12 of the Customs Act, 1962 (52 of 1962), and any sum chargeable on that article under any law for the time being in force as an addition to, and in the same manner as, a duty of customs, but does not include— 1[(a) the duty referred to in sub-sections (1), (3), (5), (7) and (9)]; (b) the safeguard duty referred to in sections 8B and 8C; (c) the countervailing duty referred to in section 9; and (d) the anti-dumping duty referred to in section 9A: 2[Provided that in case of an article imported into India,— (a) in relation to which it is required, under the provisions of the 3[Legal Metrology Act, 2009 (1 of 2010)] or the rules made thereunder or under any other law for the time being in force, to declare on the package thereof the retail sale price of such article; and (b) where the like article produced or manufactured in India, or in case where such like article is not so produced or manufactured, then, the class or description of articles to which the imported article belongs, is— (i) the goods specified by notification in the Official Gazette under subsection (1) of section 4A of the Central Excise Act, 1944 (1 of 1944), the value of the imported article shall be deemed to be the retail sale price declared on the imported article less such amount of abatement, if any, from such retail sale price as the Central Government may, by notification in the Official Gazette, allow in respect of such like article under sub-section (2) of section 4A of that Act; or 4* - - - _Explanation.—Where on any imported article more than one retail sale price is declared, the_ maximum of such retail sale price shall be deemed to be the retail sale price for the purposes of this section.] 5[Provided further that in the case of an article imported into India, where the Central Government has fixed a tariff value for the like article produced or manufactured in India under sub-section (2) of section 3 of the Central Excise Act, 1944 (1 of 1944), the value of the imported article shall be deemed to be such tariff value.] _Explanation.—Where on any imported article more than one retail sale price is declared, the_ maximum of such retail sale price shall be deemed to be the retail sale price for the purposes of this section. (3) If the Central Government is satisfied that it is necessary in the public interest to levy on any imported article [whether on such article duty is leviable under sub-section (1) or not] such additional duty as would counter-balance the excise duty leviable on any raw materials, components and ingredients of the same nature as, or similar to those, used in the production or manufacture of such article, it may, by notification in the Official Gazette, direct that such imported article shall, in addition, be liable to an 1. Subs. by Act 18 of 2017, s. 4, for item (a) (w.e.f. 1-7-2017). 2. Subs. by Act 14 of 2010, s. 61, for the first proviso (w.e.f. 8-5-2010). 3. Subs. by Act 8 of 2011, s. 57, for “Standards of Weights and Measures Act, 1976 (60 of 1976) (w.e.f. 1-8-2011). 4. Item (ii) omitted by Act 18 of 2017, s. 4 (w.e.f. 1-7-2017). 5. Ins. by Act 33 of 2009, s. 94 (w.e.f. 19-8-2009). 3 ----- additional duty representing such portion of the excise duty leviable on such raw materials, components and ingredients as, in either case, may be determined by rules made by the Central Government in this behalf. (4) In making any rules for the purposes of sub-section (3), the Central Government shall have regard to the average quantum of the excise duty payable on the raw materials, components or ingredients used in the production or manufacture of such like article. (5) If the Central Government is satisfied that it is necessary in the public interest to levy on any imported article [whether on such article duty is leviable under sub-section (1) or, as the case may be, sub-section (3) or not] such additional duty as would counter-balance the sales tax, value added tax, local tax or any other charges for the time being leviable on a like article on its sale, purchase or transportation in India, it may, by notification in the Official Gazette, direct that such imported article shall, in addition, be liable to an additional duty at a rate not exceeding four per cent. of the value of the imported article as specified in that notification. _Explanation.—In this sub-section, the expression “sales tax, value added tax, local tax or any other_ charges for the time being leviable on a like article on its sale, purchase or transportation in India” means the sales tax, value added tax, local tax or other charges for the time being in force, which would be leviable on a like article if sold, purchased or transported in India or, if a like article is not so sold, purchased or transported, which would be leviable on the class or description of articles to which the imported article belongs, and where such taxes, or, as the case may be, such charges are leviable at different rates, the highest such tax or, as the case may be, such charge. (6) For the purpose of calculating under sub-section (5), the additional duty on any imported article, the value of the imported article shall, notwithstanding anything contained in sub-section (2), or section 14 of the Customs Act, 1962 (52 of 1962), be the aggregate of— (i) the value of the imported article determined under sub-section (1) of section 14 of the Customs Act, 1962 (52 of 1962) or the tariff value of such article fixed under sub-section (2) of that section, as the case may be; and (ii) any duty of customs chargeable on that article under section 12 of the Customs Act, 1962, (52 of 1962), and any sum chargeable on that article under any law for the time being in force as an addition to, and in the same manner as, a duty of customs, but does not include— 1[(a) the duty referred to in sub-sections (5), (7) and (9);] (b) the safeguard duty referred to in sections 8B and 8C; (c) the countervailing duty referred to in section 9; and (d) the anti-dumping duty referred to in section 9A. 2[(7) Any article which is imported into India shall, in addition, be liable to integrated tax at such rate, not exceeding forty per cent. as is leviable under section 5 of the Integrated Goods and Services Tax Act, 2017 on a like article on its supply in India, on the value of the imported article as determined under sub-section (8)[3][or sub-section (8A), as the case may be]. 1. Subs. by Act 18 of 2017, s. 4, for item (a) (w.e.f. 1-7-2017). 2. Subs. by s. 4, ibid., for sub-sections (7) and (8) (w.e.f. 1-7-2017). 3. Ins. by Act 13 of 2018, s. 102 (w.e.f. 28-3-2018). 4 ----- (8) For the purposes of calculating the integrated tax under sub-section (7) on any imported article where such tax is leviable at any percentage of its value, the value of the imported article shall, notwithstanding anything contained in section 14 of the Customs Act, 1962 (52 of 1962), be the aggregate of— (a) the value of the imported article determined under sub-section (1) of section 14 of the Customs Act, 1962 (52 of 1962) or the tariff value of such article fixed under sub-section (2) of that section, as the case may be; and (b) any duty of customs chargeable on that article under section 12 of the Customs Act, 1962 (52 of 1962), and any sum chargeable on that article under any law for the time being in force as an addition to, and in the same manner as, a duty of customs, but does not include the tax referred to in sub-section (7) or the cess referred to in sub-section (9). 1[(8A) Where the goods deposited in a warehouse under the provisions of the Customs Act, 1962 (52 of 1962) are sold to any person before clearance for home consumption or export under the said Act, the value of such goods for the purpose of calculating the integrated tax under sub-section (7) shall be,— (a) where the whole of the goods are sold, the value determined under sub-section (8) or the transaction value of such goods, whichever is higher; or (b) where any part of the goods is sold, the proportionate value of such goods as determined under sub-section (8) or the transaction value of such goods, whichever is higher: Provided that where the whole of the warehoused goods or any part thereof are sold more than once before such clearance for home consumption or export, the transaction value of the last such transaction shall be the transaction value for the purposes of clause (a) or clause (b): Provided further that in respect of warehoused goods which remain unsold, the value or the proportionate value, as the case may be, of such goods shall be determined in accordance with the provisions of sub-section (8). _Explanation.— For the purposes of this sub-section, the expression “transaction value”, in relation_ to warehoused goods, means the amount paid or payable as consideration for the sale of such goods.] (9) Any article which is imported into India shall, in addition, be liable to the goods and services tax compensation cess at such rate, as is leviable under section 8 of the Goods and Services Tax (Compensation to States) Cess Act, 2017 on a like article on its supply in India, on the value of the imported article as determined under sub-section (10)[1][or sub-section (10A), as the case may be]. (10) For the purposes of calculating the goods and services tax compensation cess under sub-section (9) on any imported article where such cess is leviable at any percentage of its value, the value of the imported article shall, notwithstanding anything contained in section 14 of the Customs Act, 1962 (52 of 1962), be the aggregate of— (a) the value of the imported article determined under sub-section (1) of section 14 of the Customs Act, 1962 or the tariff value of such article fixed under sub-section (2) of that section, as the case may be; and (b) any duty of customs chargeable on that article under section 12 of the Customs Act, 1962, and any sum chargeable on that article under any law for the time being in force as an addition to, and in 1. Ins. by Act 13 of 2018, s. 102 (w.e.f. 28-3-2018). 5 ----- the same manner as, a duty of customs, but does not include the tax referred to in sub-section (7) or the cess referred to in sub-section (9). 1[(10A) Where the goods deposited in a warehouse under the provisions of the Customs Act, 1962 (52 of 1962) are sold to any person before clearance for home consumption or export under the said Act, the value of such goods for the purpose of calculating the goods and services tax compensation cess under sub-section (9) shall be,— (a) where the whole of the goods are sold, the value determined under sub-section (10) or the transaction value of such goods, whichever is higher; or (b) where any part of the goods is sold, the proportionate value of such goods as determined under sub-section (10) or the transaction value of such goods, whichever is higher: Provided that where the whole of the warehoused goods or any part thereof are sold more than once before such clearance for home consumption or export, the transaction value of the last of such transaction shall be the transaction value for the purposes of clause (a) or clause (b): Provided further that in respect of warehoused goods which remain unsold, the value or the proportionate value, as the case may be, of such goods shall be determined in accordance with the provisions of sub-section (10). _Explanation.—For the purposes of this sub-section, the expression “transaction value”, in relation_ to warehoused goods, means the amount paid or payable as consideration for the sale of such goods.] (11) The duty or tax or cess, as the case may be, chargeable under this section shall be in addition to any other duty or tax or cess, as the case may be, imposed under this Act or under any other law for the time being in force. (12) The provisions of the Customs Act, 1962 (52 of 1962) and the rules and regulations made thereunder, including those relating to drawbacks, refunds and exemption from duties shall, so far as may be, apply to the duty or tax or cess, as the case may be, chargeable under this section as they apply in relation to the duties leviable under that Act.] **3A.[Special additional duty].** _Omitted by The Finance Act, 2005 (18 of 2005),_ _s. 73_ (w.e.f. 13-5-2005). **4. Levy of duty where standard rate and preferential rate are specified.—(1) Where in respect of** any article a preferential rate of revenue duty is specified in the First Schedule, or is admissible by virtue of a notification under Section 25 of the Customs Act, 1962 (52 of 1962), the duty to be levied and collected shall be at the standard rate, unless the owner of the article claims at the time of importation that it is chargeable with a preferential rate of duty, being 2[the produce or manufacture of such preferential area] as is notified under sub-section (3) and the article is determined, in accordance with the rules made under sub-section (2), to be such produce or manufacture. (2)The Central Government may, by notification in the Official Gazette, make rules for determining if any article is 3[the produce or manufacture of any preferential areas]. (3) For the purposes of this section and the First Schedule, 4[preferential area] means any country or territory which the Central Government may, by notification in the Official Gazette, declare to be such area. 1. Ins. by Act 13 of 2018, s. 102 (w.e.f. 28-03-2018). 2. Subs. by Act 26 of 1978, s. 2, for “the produce or manufacture of the United Kingdom or of such other preferential area” (w.e.f. 1-9-1978). 3. Subs. by s. 2, _ibid., for “the produce or manufacture of the United Kingdom or of any other preferential area”_ (w.e.f. 1-9-1978). 4. Subs. by s. 2, _ibid., for ‘”United Kingdom” means the United Kingdom of Great Britain and Northern Ireland and “other_ preferential area”’ (w.e.f. 1-9-1978). 6 ----- (4) Notwithstanding anything contained in sub-section (1), where the Central Government is satisfied that, in the interests of trade including promotion of exports, it is necessary to take immediate action for discontinuing the preferential rate, or increasing the preferential rate to a rate not exceeding the standard rate, or decreasing the preferential rate, in respect of an article specified in the First Schedule, the Central Government may, by notification in the Official Gazette, direct an amendment of the said Schedule to be made so as to provide for such discontinuance of, or increase or decrease, as the case may be, in the preferential rate. (5) Every notification issued under sub-section (3) or sub-section (4) shall, as soon as may be after it is issued, be laid before each House of Parliament. **5. Levy of a lower rate of duty under a trade agreement.—(1) Whereunder a trade agreement** between the Government of India and the Government of a foreign country or territory, duty at a rate lower than that specified in the First Schedule is to be charged on articles which are the produce or manufacture of such foreign country or territory, the Central Government may, by notification in the Official Gazette, make rules for determining if any article is the produce or manufacture of such foreign country or territory and for requiring the owner to make a claim at the time of importation, supported by such evidence as may be prescribed in the said rules, for assessment at the appropriate lower rate under such agreement. (2) If any question arises whether any trade agreement applies to any country or territory, or whether it has ceased to apply to India or any foreign country or territory, it shall be referred to the Central Government for decision and the decision of the Central Government shall be final and shall not be liable to be questioned in any court of law. **6. Power of Central Government to levy protective duties in certain cases.—(1) Where the** Central Government, upon a recommendation made to it in this behalf by the Tariff Commission established under the Tariff Commission Act, 1951 (50 of 1951), is satisfied that circumstances exist which render it necessary to take immediate action to provide for the protection of the interests of any industry established in India, the Central Government may, by notification in the Official Gazette, impose on any goods imported into India in respect of which the said recommendation is made, a duty of customs of such amount, not exceeding the amount proposed in the said recommendation, as it thinks fit. (2) Every duty imposed on any goods under sub-section (1) shall, for the purposes of this Act, be deemed to have been specified in the First Schedule as the duty leviable in respect of such goods. (3) Where a notification has been issued under sub-section (1), the Central Government shall, unless the notification is in the meantime rescinded, have a Bill introduced in Parliament, as soon as may be, but in any case during the next session of Parliament following the date of the issue of the notification to give effect to the proposals in regard to the continuance of a protective duty of customs on the goods to which the notification relates, and the notification shall cease to have effect when such Bill becomes law, whether with or without modifications, but without prejudice to the validity of anything previously done thereunder: 7 ----- Provided that if the notification under sub-section (1) is issued when Parliament is in session, such a Bill shall be introduced in Parliament during that session: Provided further that where, for any reason, a Bill as aforesaid does not become law within six months from the date of its introduction in Parliament, the notification shall cease to have effect on the expiration of the said period of six months, but without prejudice to the validity of anything previously done thereunder. **7. Duration of protective duties and power of Central Government to alter them.—(1) When the** duty specified in respect of any article in the First Schedule is characterised as protective in 1[Column (5)] of that Schedule, that duty shall have effect only up to and inclusive of the date, if any, specified in that Schedule. (2) Where in respect of any such article the Central Government is satisfied after such inquiry as it thinks necessary that such duty has become ineffective or excessive for the purpose of securing the protection intended to be afforded by it to a similar article manufactured in India and that circumstances exist which render it necessary to take immediate action, it may, by notification in the Official Gazette, increase or reduce such duty to such extent as it thinks necessary. (3) Every notification under sub-section (2), insofar as it relates to increase of such duty, shall be laid before each House of Parliament if it is sitting as soon as may be after the issue of the notification, and if it is not sitting within seven days of its re-assembly, and the Central Government shall seek the approval of Parliament to the notification by a resolution moved within a period of fifteen days beginning with the day on which the notification is so laid before the House of the People and if Parliament makes any modification in the notification or directs that the notification should cease to have effect, the notification shall thereafter have effect only in such modified form or be of no effect, as the case may be, but without prejudice to the validity of anything previously done thereunder. (4) For the removal of doubts, it is hereby declared that any notification issued under sub-section (2), including any such notification approved or modified under sub-section (3), may be rescinded by the Central Government at any time by notification in the Official Gazette. **8. Emergency power of Central Government to increase or levy export duties.—(1) Where in** respect of any article, whether included in the Second Schedule or not, the Central Government is satisfied that the export duty leviable thereon should be increased or that an export duty should be levied, and that circumstances exist which render it necessary to take immediate action, the Central Government may, by notification in the Official Gazette, direct an amendment of the Second Schedule to be made so as to provide for an increase in the export duty leviable or, as the case may be, for the levy of an export duty, on that article. (2) The provisions of sub-sections (3) and (4) of Section 7 shall apply to any notification issued under sub-section (1) as they apply in relation to any notification increasing duty issued under sub-section (2) of Section 7. **2[8A. Emergency power of Central Government to increase import duties.—(1) Where in respect** of any article included in the First Schedule, the Central Government is satisfied that the import duty leviable thereon under section 12 of the Customs Act, 1962 (52 of 1962) should be increased and that 1. Subs. by Act 26 of 1978, s. 3, for “column (6)” (w.e.f. 1-9-1978). 2. Ins. by Act 18 of 1992, s. 110 (w.e.f. 14-5-1992). 8 ----- circumstances exist which render it necessary to take immediate action, it may, by notification in the Official Gazette, direct an amendment of that Schedule to be made so as to provide for an increase in the import duty leviable on such article to such extent as it thinks necessary: Provided that the Central Government shall not issue any notification under this subsection for substituting the rate of import duty in respect of any article as specified by an earlier notification issued under this sub-section by that Government before such earlier notification has been approved with or without modifications under sub-section (2). (2) The provisions of sub-sections (3) and (4) of section 7 shall apply to any notification issued under sub-section (1) as they apply in relation to any notification increasing duty issued under sub-section (2) of section 7.] **1[8B.Power of Central Government to apply safefuard measures.—(1) If the Central Government,** after conducting such enquiry as it deems fit, is satisfied that any article is imported into India in such increased quantity and under such conditions so as to cause or threaten to cause serious injury to domestic industry, it may, by notification in the Official Gazette, apply such safeguard measures on that article, as it deems appropriate. (2) The safeguard measures referred to in sub-section (1) shall include imposition of safeguard duty, application of tariff-rate quota or such other measure, as the Central Government may consider appropriate, to curb the increased quantity of imports of an article to prevent serious injury to domestic industry: Provided that no such measure shall be applied on an article originating from a developing country so long as the share of imports of that article from that country does not exceed three per cent. or where the article is originating from more than one developing country, then, so long as the aggregate of the imports from each of such developing countries with less than three per cent. import share taken together, does not exceed nine per cent. of the total imports of that article into India: Provided further that the Central Government may, by notification in the Official Gazette, exempt such quantity of any article as it may specify in the notification, when imported from any country or territory into India, from payment of the whole or part of the safeguard duty leviable thereon. (3) Where tariff-rate quota is used as a safeguard measure, the Central Government shall not fix such quota lower than the average level of imports in the last three representative years for which statistics are available, unless a different level is deemed necessary to prevent or remedy serious injury. (4) The Central Government may allocate such tariff-rate quota to supplying countries having a substantial interest in supplying the article concerned, in such manner as may be provided by rules. (5) The Central Government may, pending the determination under sub-section (1), apply provisional safeguard measures under this sub-section on the basis of a preliminary determination that increased imports have caused or threatened to cause serious injury to a domestic industry: Provided that where, on final determination, the Central Government is of the opinion that increased imports have not caused or threatened to cause serious injury to a domestic industry, it shall refund the safeguard duty so collected: 1. Subs. by Act 12 of 2020, s. 116, for section 8B (w.e.f. 27-3-2020). 9 ----- Provided further that any provisional safeguard measure shall not remain in force for more than two hundred days from the date on which it was applied. (6) Notwithstanding anything contained in the foregoing sub-sections, a notification issued under subsection (1) or any safeguard measures applied under sub-sections (2), (3), (4) and (5), shall not apply to articles imported by a hundred per cent. export-oriented undertaking or a unit in a special economic zone, unless— (i) it is specifically made applicable in such notification or to such undertaking or [1][unit; or] (ii) such article is either cleared as such into the domestic tariff area or used in the manufacture of any goods that are cleared into the domestic tariff area, in which case, safeguard measures shall be applied on the portion of the article so cleared or used, as was applicable when it was imported into India. 2[Explanation.––For the purposes of this sub-section,— (a) the expression “hundred per cent. export-oriented undertaking” shall have the same meaning as assigned to it in clause (i) of _Explanation_ 2 to sub-section (1) of section 3 of the Central Excise Act, 1944(1 of 1944); (b) the expression “special economic zone” shall have the same meaning as assigned to it in clause (za) of section 2 of the Special Economic Zones Act, 2005 (28 of 2005).] (7) The safeguard duty imposed under this section shall be in addition to any other duty imposed under this Act or under any other law for the time being in force. (8) The safeguard measures applied under this section shall, unless revoked earlier, cease to have effect on the expiry of four years from the date of such application: Provided that if the Central Government is of the opinion that the domestic industry has taken measures to adjust to such injury or threat thereof and it is necessary that the safeguard measures should continue to be applied, it may extend the period of such application: Provided further that in no case the safeguard measures shall continue to be applied beyond a period of ten years from the date on which such measures were first applied. (9) The provisions of the Customs Act, 1962 (52 of 1962) and the rules and regulations made thereunder, including those relating to the date for determination of rate of duty, assessment, non-levy, short-levy, refunds, interest, appeals, offences and penalties shall, as far as may be, apply to the duty chargeable under this section as they apply in relation to duties leviable under that Act. (10) The Central Government may, by notification in the Official Gazette, make rules for the purposes of this section, and without prejudice to the generality of the foregoing power, such rules may provide for— (i) the manner in which articles liable for safeguard measures may be identified; (ii) the manner in which the causes of serious injury or causes of threat of serious injury in relation to identified article may be determined; 1. Subs. by Act 13 of 2021, s. 101, for “unit;” (w.e.f. 28-03-2021). 2. Subs. by s. 101, ibid., for the Explanation (w.e.f. 28-03-2021). 10 ----- (iii) the manner of assessment and collection of safeguard duty; (iv) the manner in which tariff-rate quota on identified article may be allocated among supplying countries; (v) the manner of implementing tariff-rate quota as a safeguard measure; (vi) any other safeguard measure and the manner of its application. (11) For the purposes of this section,— (a) “developing country” means a country notified by the Central Government in the Official Gazette; (b) “domestic industry” means the producers–– (i) as a whole of the like article or a directly competitive article in India; or (ii) whose collective output of the like article or a directly competitive article in India constitutes a major share of the total production of the said article in India; (c) “serious injury” means an injury causing significant overall impairment in the position of a domestic industry; (d) “threat of serious injury” means a clear and imminent danger of serious injury. (12) Every notification issued under this section 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.] **8C.[Power of Central Government to impose transitional product specific safeguard duty on imports** _from the People’s Republic of china.]Omitted by The Finance Act, 2016 (28 of 2016), s. 140 (w.e.f…)._ **1[9.Countervailing duty on subsidized articles.—(1) Where any country or territory pays, bestows,** directly or indirectly, any subsidy upon the manufacture or production therein or the exportation therefrom of any article including any subsidy on transportation of such article, then, upon the importation of any such article into India, whether the same is imported directly from the country of manufacture, production or otherwise, and whether it is imported in the same condition as when exported from the country of manufacture or production or has been changed in condition by manufacture, production or otherwise, the Central Government may, by notification in the Official Gazette, impose a countervailing duty not exceeding the amount of such subsidy. _Explanation.—For the purposes of this section, a subsidy shall be deemed to exist if—_ (a) there is financial contribution by a Government, or any public body 2[in the exporting or producing country or territory], that is, where— 1. Subs. by Act 6 of 1995, s. 2, for sections 9, 9A and 9B (w.e.f. 1-1-1995). 2. Subs. by Act 21 of 2006, s. 61, for “within the territory of the exporting or producing country” (w.e.f. 18-4-2006). 11 ----- (i) a Government practice involves a direct transfer of funds (including grants, loans and equity infusion), or potential direct transfer of funds or liabilities, or both; (ii) Government revenue that is otherwise due is foregone or not collected (including fiscal incentives); (iii) a Government provides goods or services other than general infrastructure or purchases goods; (iv) a state Government makes payments to a funding mechanism, or entrusts or directs a private body to carry out one or more of the type of functions specified in clauses (i) to (iii) above which would normally be vested in the Government and the practice in, no real sense, differs from practices normally followed by Governments; or (b) a Government grants or maintains any form of income or price support, which operates directly or indirectly to increase export of any article from, or to reduce import of any article into, its territory, and a benefit is thereby conferred. 1[(1A) Where the Central Government, on such inquiry as it considers necessary, is of the opinion that circumvention of countervailing duty imposed under sub-section (1) has taken place, either by altering the description or name or composition of the article on which such duty has been imposed or by import of such article in an unassembled or disassembled form or by changing the country of its origin or export or in any other manner, whereby the countervailing duty so imposed is rendered ineffective, it may extend the countervailing duty to such other article also[2][from such date, not earlier than the date of initiation of the inquiry, as the Central Government may, by notification in the Official Gazette, specify].] 2[(1B) Where the Central Government, on such inquiry as it considers necessary, is of the opinion that absorption of countervailing duty imposed under sub-section (1) has taken place whereby the countervailing duty so imposed is rendered ineffective, it may modify such duty to counter the effect of such absorption, from such date, not earlier than the date of initiation of the inquiry, as the Central Government may, by notification in the Official Gazette, specify. _Explanation.—For the purposes of this sub-section, “obsorption of countervailing duty” is said to_ have taken place,— (a) if there is a decrease in the export price of an article without any commensurate change in the resale price in India of such article imported from the exporting country or territory; or (b) under such other circumstances as may be provided by rules.] (2) The Central Government may, pending the determination in accordance with the provisions of this section and the rules made thereunder of the amount of subsidy, impose a countervailing duty under this sub-section not exceeding the amount of such subsidy as provisionally estimated by it and if such countervailing duty exceeds the subsidy as so determined,— (a) the Central Government shall, having regard to such determination and as soon as may be after such determination, reduce such countervailing duty; and (b) refund shall be made of so much of such countervailing duty which has been collected as is in excess of the countervailing duty as so reduced. 1. Ins. by Act 23 of 2019, s. 86 (w.e.f. 1-08-2019). 2. Ins. by Act 13 of 2021, s. 102 (w.e.f. 28-03-2021). 12 ----- 1[(2A) Notwithstanding anything contained in sub-sections (1) and (2), a notification issued under sub-section (1) or any countervailing duty imposed under sub-section (2) shall not apply to article imported by a hundred per cent. export-oriented undertaking or a unit in a special economic zone, unless,— (i) it is specifically made applicable in such notification or to such undertaking or unit; or (ii) such articles is either cleared as such into the domestic tariff area or used in the manufacture of any goods that are cleared into the domestic tariff area, in which case, countervailing duty shall be imposed on that portion of the article so cleared or used, as was applicable when it was imported into India. _Explanation.—For the purposed of this sub-section,—_ (a) the expression “hundred per cent. export-oriented undertaking” shall have the same meaning as assigned to it in clause (i) of Explanation 2 to sub-section (1) of section 3 of the Central Excise Act, 1944 (1 of 1944); (b) the expression “special economic zone” shall have the same meaning as assigned to it in clause (za) of section 2 of the Special Economic Zones Act, 2005;] (3)Subject to any rules made by the Central Government, by notification in the Official Gazette, the countervailing duty under sub-section (1) or sub-section (2) shall not be levied unless it is determined that— (a) the subsidy relates to export performance; (b) the subsidy relates to the use of domestic goods over imported goods in the export article; or 2[(c) the subsidy has been conferred on a limited number of persons engaged in the manufacture, production or export of articles;] (4) If the Central Government, is of the opinion that the injury to the domestic industry which is difficult to repair, is caused by massive imports in a relatively short period, of the article benefiting from subsidies paid or bestowed and where in order to preclude the recurrence of such injury, it is necessary to levy countervailing duty retrospectively, the Central Government may, by notification in the Official Gazette, levy countervailing duty from a date prior to the date of imposition of countervailing duty under sub-section (2) but not beyond ninety days from the date of notification under that sub-section and notwithstanding anything contained in any law for the time being in force, such duty shall be payable from the date as specified in the notification issued under this sub-section. (5)The countervailing duty chargeable under this section shall be in addition to any other duty imposed under this Act or any other law for the time being in force. (6)The countervailing duty imposed under this section shall, unless revoked earlier, cease to have effect on the expiry of five years from the date of such imposition: Provided that if the Central Government, in a review, is of the opinion that the cessation of such duty is likely to lead to continuation or recurrence of subsidization and injury, it may, from time to time, 1. Ins. by Act 13 of 2021, s. 102 (w.e.f. 28-03-2021). 2. Subs. by Act 7 of 2017, s. 109, for clause (c) (w.e.f. 31-3-2017). 13 ----- extend the period of such imposition for a further period [1][up to five years] and such further period shall commence from the date of order of such extension: Provided further that where a review initiated before the expiry of the aforesaid period of five years has not come to a conclusion before such expiry, the countervailing duty may continue to remain in force pending the outcome of such a review for a further period not exceeding one year. 2[Povided also that if the said duty is revoked temporarily, the period of such revocation shall not exceed one year at a time.] (7)The amount of any such subsidy as referred to in sub-section (1) or sub-section (2) shall, from time to time, be ascertained and determined by the Central Government, after such inquiry as it may consider necessary and the Central Government may, by notification in the Official Gazette, make rules for the identification of such article and for the assessment and collection of any countervailing duty imposed upon the importation thereof under this section. 3[(7A)The provisions of the Customs Act, 1962 (52 of 1962) and the rules and regulations made thereunder, including those relating to the date for determination of rate of duty, assessment, non-levy, short levy, refunds, interest, appeals, offences and penalties shall, as far as may be, apply to the duty chargeable under this section as they apply in relation to duties leviable under that Act.] (8) Every notification issued under this section shall, as soon as may be after it is issued, be laid before each House of Parliament. **9A. Anti-dumping duty on dumped articles.—(1) Where 4[any article is exported by an exporter or** producer] from any country or territory (hereinafter in this section referred to as the exporting country or territory) to India at less than its normal value, then, upon the importation of such article into India, the Central Government may, by notification in the Official Gazette, impose an anti-dumping duty not exceeding the margin of dumping in relation to such article. _Explanation.—For the purposes of this section,—_ (a) “margin of dumping”, in relation to an article, means the difference between its export price and its normal value; (b) “export price”, in relation to an article, means the price of the article exported from the exporting country or territory and in cases where there is no export price or where the export price is unreliable because of association or a compensatory arrangement between the exporter and the importer or a third party, the export price may be constructed on the basis of the price at which the imported articles are first resold to an independent buyer or if the article is not resold to an independent buyer, or not resold in the condition as imported, on such reasonable basis as may be determined in accordance with the rules made under sub-section (6); (c) “normal value”, in relation to an article, means— 1. Subs. by Act 13 of 2021, s. 102, for “of five years” (w.e.f. 28-03-2021). 2. Ins. by Act 13 of 2021, s. 102 (w.e.f. 28-03-2021). 3. Subs. by Act 33 of 2009, s. 99, for sub-section (7A) (w.e.f. 1-1-1995). 4. Subs. by s. 101,ibid., for “any article is exported” (w.e.f. 19-8-2009). 14 ----- (i) the comparable price, in the ordinary course of trade, for the like article when [1][destined for consumption] in the exporting country or territory as determined in accordance with the rules made under sub-section (6); or (ii) when there are no sales of the like article in the ordinary course of trade in the domestic market of the exporting country or territory, or when because of the particular market situation or low volume of the sales in the domestic market of the exporting country or territory, such sales do not permit a proper comparison, the normal value shall be either— (a) comparable representative price of the like article when exported from the exporting country or 2[territory to] an appropriate third country as determined in accordance with the rules made under sub-section (6); or (b) the cost of production of the said article in the country of origin along with reasonable addition for administrative, selling and general costs, and for profits, as determined in accordance with the rules made under sub-section (6): Provided that in the case of import of the article from a country other than the country of origin and where the article has been merely transhipped through the country of export or such article is not produced in the country of export or there is no comparable price in the country of export, the normal value shall be determined with reference to its price in the country of origin. 3[(1A) Where the Central Government, on such inquiry as it may consider necessary, is of the opinion that circumvention of anti-dumping duty imposed under sub-section (1) has taken place, either by altering the description or name or composition of the article subject to such anti-dumping duty or by import of such article in an unassembled or disassembled form or by changing the country of its origin or export or in any other manner, whereby the antidumping duty so imposed is rendered ineffective, it may extend the anti-dumping duty to such article or an article originating in or exported from such country, as the case may be [4][from such date, not earlier than the date of initiation of the inquiry, as the Central Government may, by notification in the Official Gazette, specify].] 4[(1B) Where the Central Government, on such inquiry as it may consider necessary, is of the opinion that absorption of anti-dumping duty imposed under sub-section (1) has taken place whereby the antidumping duty so imposed is rendered ineffective, it may modify such duty to counter the effect of such absorption, from such date, not earlier than the date of intitiation of the inquiry, as the Central Government may, by notification in the Official Gazette, specify. _Explanation.—For the purposes of this sub-section, “obsorption of anti-sumping duty” is said to have_ taken place,— (a) if there is a decrease in the export price of an article without any commensurate change in the cost of production of such article or export price of such article to countries other than India or resale price in India of such article imported from the exporting country or territory; or (b) under such other circumstances as may be provided by rules.] (2) The Central Government may, pending the determination in accordance with the provisions of this section and the rules made thereunder of the normal value and the margin of dumping in relation to any 1. Subs. by Act 21 of 2006, s. 62, for “meant for consumption” (w.e.f. 18-4-2006). 2. Subs. by Act 32 of 2003, s. 131, for “territory or” (w.e.f. 14-5-2003). 3. Ins. by Act 8 of 2011, s. 58 (w.e.f. 8-4-2011). 4. Ins. by Act 13 of 2021, s. 103 (w.e.f. 28-03-2021). 15 ----- article, impose on the importation of such article into India an anti-dumping duty on the basis of a provisional estimate of such value and margin and if such anti-dumping duty exceeds the margin as so determined:— (a) the Central Government shall, having regard to such determination and as soon as may be after such determination, reduce such anti-dumping duty; and (b) refund shall be made of so much of the anti-dumping duty which has been collected as is in excess of the anti-dumping duty as so reduced. 1[(2A) Notwithstanding anything contained in sub-section (1) and sub-section (2), a notification issued under sub-section (1) or any anti-dumping duty imposed under sub-section (2)shall not apply to articles imported by a hundred per cent. export-oriented undertaking or a unit in a special economic zone,unless,— (i) it is specifically made applicable in such notification or to such undertaking or unit; or (ii) such article is either cleared as such into the domestic tariff area or used in the manufacture of any goods that are cleared into the domestic tariff area, in which case, anti-dumping duty shall be imposed on that portion of the article so cleared or used, as was applicable when it was imported into India. _Explanation.—For the purposes of this section,—]_ _(a)_ the expression “hundred per cent. export-oriented undertaking” shall have the same meaning as assigned to it in clause (i) of _Explanation 2 to sub-section (1) of section 3 of the_ Central Exise Act, 1944 (1 of 1944); (b) the expression “special economic zone” shall have the same meaning as assigned to it in clause (za) of section 2 of the Special Economic Zones Act, 2005 (28 of 2005);] (3) If the Central Government, in respect of the dumped article under inquiry, is of the opinion that— (i) there is a history of dumping which caused injury or that the importer was, or should have been, aware that the exporter practices dumping and that such dumping would cause injury; and (ii) the injury is caused by massive dumping of an article imported in a relatively short time which in the light of the timing and the volume of imported article dumped and other circumstances is likely to seriously undermine the remedial effect of the antidumping duty liable to be levied, the Central Government may, by notification in the Official Gazette, levy anti-dumping duty retrospectively from a date prior to the date of imposition of anti-dumping duty under sub-section (2) but not beyond ninety days from the date of notification under that sub-section, and notwithstanding anything contained in any law for the time being in force, such duty shall be payable at such rate and from such date as may be specified in the notification. (4) The anti-dumping duty chargeable under this section shall be in addition to any other duty imposed under this Act or any other law for the time being in force. (5) The anti-dumping duty imposed under this section shall, unless revoked earlier, cease to have effect on the expiry of five years from the date of such imposition: Provided that if the Central Government, in a review, is of the opinion that the cessation of such duty is likely to lead to continuation or recurrence of dumping and injury, it may, from time to time, extend the 1. Subs. by Act 13 of 2021, s. 103, for sub-section (2A) (w.e.f. 28-03-2021). 16 ----- period of such imposition for a further period [1][up to five years] and such further period shall commence from the date of order of such extension: Provided further that where a review initiated before the expiry of the aforesaid period of five years has not come to a conclusion before such expiry, the anti-dumping duty may continue to remain in force pending the outcome of such a review for a further period not exceeding one year. 2[Provided also that if the said duty is revoked temporarily, the period of such revocation shall not exceed one year at a time.] (6) The margin of dumping as referred to in sub-section (1) or sub-section (2) shall, from time to time, be ascertained and determined by the Central Government, after such inquiry as it may consider necessary and the Central Government may, by notification in the Official Gazette, make rules for the purposes of this section, and without prejudice to the generality of the foregoing, such rules may provide for the manner in which articles liable for any anti-dumping duty under this section may be identified, and for the manner in which the export price and the normal value of, and the margin of dumping in relation to, such articles may be determined and for the assessment and collection of such anti-dumping duty. 3[(6A) The margin of dumping in relation to an article, exported by an exporter or producer, under inquiry under sub-section (6) shall be determined on the basis of records concerning normal value and export price maintained, and information provided, by such exporter or producer: Provided that where an exporter or producer fails to provide such records or information, the margin of dumping for such exporter or producer shall be determined on the basis of facts available.] (7) Every notification issued under this section shall, as soon as may be after it is issued, be laid before each House of Parliament. 4[(8) The provisions of the Customs Act, 1962 (52 of 1962) and the rules and regulations made thereunder, including those relating to the date for determination of rate of duty, assessment, non-levy, short levy, refunds, interest, appeals, offences and penalties shall, as far as may be, apply to the duty chargeable under this section as they apply in relation to duties leviable under that Act.] **5[9AA. Refund of anti-dumping duty in certain cases.—(1)** 6[Where upon determination by an officer authorised in this behalf by the Central Government under clause (ii) of sub-section (2), an importer proves to the satisfaction of the Central Government that he has paid anti-dumping duty imposed under sub-section (1) of section 9A on any article, in excess of the actual margin of dumping in relation to such article, the Central Government shall, as soon as may be, reduce such anti-dumping duty as is in excess of actual margin of dumping so determined, in relation to such article or such importer, and such importer shall be entitled to refund of such excess duty]: Provided that such importer shall not be entitled to refund of so much of such excess duty under this sub-section which is refundable under sub-section (2) of section 9A. _Explanation.—for the purposes of this sub-section, the expressions, “margin of dumping”, “export_ price” and “normal value” shall have the same meaning respectively assigned to them in the Explanation to sub-section (1) of section 9A. 1. Subs. by Act 13 of 2021, s. 103, for “of five years” (w.e.f. 28-03-2021). 2. Ins. by Act 13 of 2021, s. 103 (w.e.f. 28-03-2021). 3. Ins. by Act 33 of 2009, s. 101 (w.e.f. 19-8-2009). 4. Subs. by Act 33 of 2009, s. 101, for sub-section (8) (w.e.f. 1-1-1995). 5. Ins. by Act 10 of 2000, s. 89 (w.e.f. 12-5-2000). 6. Subs. by Act 8 of 2011, s. 59, for certain words (w.e.f. 8-4-2011). 17 ----- (2) the Central Government may, by notification in the Official Gazette, make rules to— (i) provide for the manner in which and the time within which the importer may make application for the purposes of sub-section (1); (ii) authorise the officer of the Central Government who shall dispose of such application on behalf of the Central Government within the time specified in such rules; and (iii) provide the manner in which the excess duty referred to in sub-section (1) shall be— (A) determined by the officer referred to in clause (ii); and (B) refunded by the Deputy Commissioner of Customs or Assistant Commissioner of Customs, as the case may be, after such determination.] **9B. No levy under section 9 or section 9A in certain cases.—(1) Notwithstanding anything** contained in section 9 or section 9A,— (a) no article shall be subjected to both countervailing duty and anti-dumping duty to compensate for the same situation of dumping or export subsidization; (b) the Central Government shall not levy any countervailing duty or antidumping duty— (i) under section 9 or section 9A by reasons of exemption of such articles from duties or taxes borne by the like article when meant for consumption in the country of origin or exportation or by reasons of refund of such duties or taxes; (ii) under sub-section (1) of each of these sections, on the import into India of any article from a member country of the World Trade Organisation or from a country with whom Government of India has a most favoured nation agreement (hereinafter referred as a specified country), unless in accordance with the rules made under sub-section (2) of this section, a determination has been made that import of such article into India causes or threatens material injury to any established industry in India or materially retards the establishment of any industry in India; and (iii) under sub-section (2) of each of these sections, on import into India of any article from the specified countries unless in accordance with the rules made under sub-section (2) of this section, a preliminary findings has been made of subsidy or dumping and consequent injury to domestic industry; and a further determination has also been made that a duty is necessary to prevent injury being caused during the investigation: Provided that nothing contained in sub-clauses (ii) and (iii) of clause (b) shall apply if a countervailing duty or an anti-dumping duty has been imposed on any article to prevent injury or threat of an injury to the domestic industry of a third country exporting the like articles to India; (c) the Central Government may not levy— (i) any countervailing duty under section 9, at any time, upon receipt of satisfactory voluntary undertakings from the Government of the exporting country or territory agreeing to eliminate or limit the subsidy or take other measures concerning its effect, or the exporter agreeing to revise the price of the article and if the Central Government is satisfied that the injurious effect of the subsidy is eliminated thereby; (ii) any anti-dumping duty under section 9A, at any time, upon receipt of satisfactory voluntary undertaking from any exporter to revise its prices or to cease exports to the area in 18 ----- question at dumped price and if the Central Government is satisfied that the injurious effect of dumping is eliminated by such action. (2) The Central Government may, by notification in the Official Gazette, make rules for the purposes of this section, and without prejudice to the generality of the foregoing, such rules may provide for the manner in which any investigation may be made for the purposes of this section, the factors to which regard shall be at in any such investigation and for all matters connected with such investigation. **9C. Appeal.—[1][(1) An appeal against the order of determination or review thereof shall lie to the** Customs, Excise and Service Tax Appellate Tribunal constituted under section 129 of the Customs Act, 1962 (52 of 1962) (hereinafter referred to as the Appellate Tribunal), in respect of the existence, degree and effect of— (i) any subsidy or dumping in relation to import of any article; or (ii) import of any article into India in such increased quantities and under such condition so as to cause or threatening to cause serious injury to domestic industry requiring imposition of safeguard duty in relation to import of that article.] 2[(1A) An appeal under sub-section (1) shall be accompanied by a fee of fifteen thousand rupees. (1B) Every application made before the Appellate Tribunal,— (a) in an appeal under sub-section (1), for grant of stay or for rectification of mistake or for any other purpose; or (b) for restoration of an appeal or an application, shall be accompanied by a fee of five hundred rupees.] (2) Every appeal under this section shall be filed within ninety days of the date of order under appeal: Provided that the Appellate Tribunal may entertain any appeal after the expiry of the said period of ninety days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. (3) The AppellateTribunal 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. (4) The provisions of sub-sections (1), (2), (5) and (6) of section 129C of the Customs Act, 1962 (52 of 1962) shall apply to the Appellate Tribunal in the discharge of its functions under this Act as they apply to it in the discharge of its functions under the Customs Act, 1962 (52 of 1962). (5) Every appeal under sub-section (1) shall be heard by a Special Bench constituted by the President of the Appellate Tribunal for hearing such appeals and such Bench shall consist of the President and not less than two members and shall include one judicial member and one technical member.] **10. Rules to be laid before Parliament.—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 1. Subs. by Act 23 of 2019, s. 87, for sub-section (1) (w.e.f. 1-08-2019). 2. Ins. by Act 23 of 2004, s. 77 (w.e.f. 1-11-2004). 19 ----- 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. **11. Power of Central Government to alter duties under certain circumstances.—(1) Where the** Central Government is satisfied that it is necessary so to do for the purpose of giving effect to any agreement entered into before the commencement of this Act with a foreign Government, it may, by notification in the Official Gazette, increase or reduce the duties referred to in section 2 to such extent as each case may require: Provided that no notification under this sub-section increasing or reducing the duties as aforesaid shall be issued by the Central Government after the expiration of a period of one year from the commencement of this Act. (2) Every notification issued under sub-section (1) shall, as soon as may be after it is issued, be laid before each House of Parliament. **1** **[11A. Power of Central Government to amend First Schedule.—(1) Where the Central** Government is satisfied that it is necessary so to do in the public interest, it may, by notification in the Official Gazette, amend the First Schedule: Provided that such amendment shall not alter or affect in any manner the rates specified in that Schedule in respect of goods at which duties of customs shall be leviable on the goods under the Customs Act, 1962 (52 of 1962). (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.] **12. Repeal and saving.—(1) The Indian Tariff Act, 1934 (32 of 1934), and the Indian Tariff** (Amendment) Act, 1949 (1 of 1949), are hereby repealed. (2) Notwithstanding the repeal of any of the Acts mentioned in sub-section (1), anything done or any action taken (including any notification published and any rules and orders made or deemed to have been made under the provisions of those Acts and in force immediately before the commencement of this Act) shall, insofar as such thing or action is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the provisions of this Act and shall continue in force accordingly until superseded by anything done or any action taken under this Act. **13. Consequential amendment of Act 52 of 1962.— In the Customs Act, 1962, in sub-section (1) of** Section 12 and in sub-section (1) of Section 14, for the words and figures “Indian Tariff Act, 1934”, the words and figures “Customs Tariff Act, 1975” shall be substituted. 1. Ins. by Act 25 of 2003, s. 2 (w.e.f. 1-2-2003). 20 ----- **SECTION-I** **CHAPTER-1** ## THE FIRST SCHEDULE TO THE CUSTOMS TARIFF ACT, 1975 **SECTION I** **LIVE ANIMALS; ANIMAL PRODUCTS** **NOTES:** 1. Any reference in this Section to a particular genus or species of an animal, except where the context otherwise requires, includes a reference to the young of that genus or species. 2. Except where the context otherwise requires, throughout this Schedule, any reference to ―dried‖ products also covers products which have been dehydrated, evaporated or freeze-dried. **CHAPTER** **1** **_Live animals_** **NOTE:** This Chapter covers all live animals except : (a) fish and crustaceans, molluscs and other aquatic invertebrates, of heading 0301, 0306, 0307 or 0308; (b) cultures of micro-organisms and other products of heading 3002; and (c) animals of heading 9508. **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard** **Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **0101** **LIVE** **HORSES,** **ASSES,** **MULES** **AND** **HINNIES** - _Horses:_ 0101 21 00 -- _Pure-bred breeding animals:_ u Free _-_ 0101 29 -- _Other:_ 0101 29 10 --- Horses for polo u 30% 0101 29 90 --- Other u 30% 0101 30 - _Asses_ 0101 30 10 --- _Pure-bred breeding animals:_ u 30% 0101 30 20 --- livestock u 30% 0101 30 90 --- Other u 30% 0101 90 -- _Other:_ 0101 90 30 --- Mules and hinnies as livestock u 30% 0101 90 90 --- Other u 30% **0102** **LIVE** **BOVINE** **ANIMALS** _Cattle:_ ----- **SECTION-I** **CHAPTER-1** **(1)** **(2)** **(3)** **(4)** **(5)** 0102 21 -- _Pure-bred breeding animals:_ 0102 21 10 --- Bulls u 30% 0102 21 20 --- Cows u 30% 0102 29 -- _Other:_ 0102 29 10 --- Bulls u 30% 0102 29 90 --- Other, including calves u 30% - _Buffalo:_ 0102 31 00 -- Pure-bred breeding animals u 30% 0102 39 00 -- Other u 30% 0102 90 - _Other:_ 0102 90 10 --- Pure-bred breeding animals u 30% 0102 90 90 --- Other u 30% **0103** **LIVE** **SWINE** 0103 10 00 - Pure-bred breeding animals u 30% - _Other :_ 0103 91 00 -- Weighing less than 50 kg. u 30% 0103 92 00 -- Weighing 50 kg. or more u 30% **0104** **LIVE** **SHEEP** **AND** **GOATS** 0104 10 - _Sheep:_ 0104 10 10 --- Sheep including lamb for breeding purpose u 30% 0104 10 90 --- Other u 30% 0104 20 00 - Goats u 30% **0105** **LIVE** **POULTRY, THAT** **IS** **TO** **SAY, FOWLS** **OF** **THE** species gallus domesticus, ducks, geese, **TURKEYS AND GUINEA FOWLS** - _Weighing not more than 185 g:_ 0105 11 00 -- Fowls of the species Gallus domesticus u 30% 0105 12 00 -- Turkeys u 30% 0105 13 00 -- Ducks u 30% 0105 14 00 -- Geese u 30% 0105 15 00 -- Guinea fowls u 30% - _Other :_ 0105 94 00 -- Fowls of the species Gallus u 30% _domesticus_ 0105 99 00 -- Other u 30% **0106** **OTHER** **LIVE** **ANIMALS** - _Mammals:_ 0106 11 00 -- Primates u 30% 0106 12 00 -- Whales, dolphins and porpoises (mammals of u 30% ----- **SECTION-I** **CHAPTER-1** **(1)** **(2)** **(3)** **(4)** **(5)** the order Cetacea); manatees and dugongs (mammals of the order Sirenia); seals, sea lions and walruses (mammals of the sub-order Pinnipedia) 0106 13 00 -- Camels and other camelids (Camelidae) u 30% 0106 14 00 -- Rabbits and hares u 30% 0106 19 00 -- Other u 30% 0106 20 00 - Reptiles (including snakes and turtles) u 30% - _Birds:_ 0106 31 00 -- Birds of prey u 30% 0106 32 00 -- Psittaciformes (including parrots, parakeets, u 30% macaws and cockatoos) 0106 33 00 -- Ostriches; emus (Dromaius novaehollandiae) u 30% 0106 39 00 -- Other u 30% - _Insects:_ 0106 41 -- Bees 0106 41 10 --- Pureline stock u 30% 0106 41 90 --- Other u 30% 0106 49 -- _Other:_ 0106 49 10 --- Pureline stock u 30% 0106 49 90 --- Other u 30% 0106 90 00 - Other u 30% ----- **SECTION-I** **CHAPTER-2** **CHAPTER** **2** **Meat and edible meat offal** **NOTE** **:** This Chapter does not cover : (a) products of the kinds described in headings 0201 to 0208 or 0210, unfit or unsuitable for human consumption; (b) edible, non-living insects (heading 0410); (c) guts, bladders or stomachs of animals (heading 0504) or animal blood (heading 0511 or 3002); or (d) animal fat, other than products of heading 0209 (Chapter 15). **SUPPLEMENTARY** **NOTE** **:** In this Chapter, ―wild animal‖ means wild animal as defined in the Wild Life (Protection) Act, 1972 (53 of 1972). **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard** **Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **0201** **MEAT** **OF** **BOVINE** **ANIMALS,** **FRESH** **OR** **CHILLED** 0201 10 00 - Carcasses and half-carcasses kg. 30% 0201 20 00 - Other cuts with bone in kg. 30% 0201 30 00 - Boneless kg. 30% **0202** **MEAT** **OF** **BOVINE** **ANIMALS,** **FROZEN** 0202 10 00 - Carcasses and half-carcasses kg. 30% 0202 20 00 - Other cuts with bone in kg. 30% 0202 30 00 - Boneless kg. 30% **0203** **MEAT** **OF** **SWINE,** **FRESH,** **CHILLED** **OR** **FROZEN** - _Fresh or chilled :_ 0203 11 00 -- Carcasses and half-carcasses kg. 30% 0203 12 00 -- Hams, shoulders and cuts thereof, with bone in kg. 30% 0203 19 00 -- Other kg. 30% - _Frozen :_ 0203 21 00 -- Carcasses and half-carcasses kg. 30% 0203 22 00 0203 29 00 -- Hams, shoulders and cuts thereof, with bone in Other kg. kg. 30% 30% ----- **(1)** **(2)** **(3)** **(4)** **(5)** **0204** **MEAT** **OF** **SHEEP** **OR** **GOATS,** **FRESH,** **CHILLED** **OR FROZEN** 0204 10 00 - Carcasses and half-carcasses of lamb, fresh or kg. 30% chilled kg. 30% - _Other meat of sheep, fresh or chilled:_ 0204 21 00 -- Carcasses and half-carcasses 0204 22 00 -- Other cuts with bone in kg. 30% 0204 23 00 -- Boneless kg. 30% 0204 30 00 - Carcasses and half-carcasses of lamb, frozen kg. 30% - _Other meat of sheep, frozen_ : 0204 41 00 -- Carcasses and half-carcasses kg. 30% 0204 42 00 -- Other cuts with bone in kg. 30% 0204 43 00 -- Boneless kg. 30% 0204 50 00 - Meat of goats kg. 30% **0205 00 00** **MEAT** **OF** **HORSES,** **ASSES,** **MULES** **OR** **HINNIES,** kg. 30% **FRESH,** **CHILLED OR FROZEN** **0206** **EDIBLE** **OFFAL** **OF** **BOVINE** **ANIMALS,** **SWINE,** **SHEEP,** **GOATS,** **HORSES,** **ASSES,** **MULES OR** **HINNIES,** **FRESH,** **CHILLED OR FROZEN** 0206 10 00 - Of bovine animals, fresh or chilled kg. 30% - _Of bovine animals, frozen :_ 0206 21 00 -- Tongues kg. 30% 0206 22 00 -- Livers kg. 30% 0206 29 00 -- Other kg. 30% 0206 30 00 - Of swine, fresh or chilled kg. 30% - _Of swine, frozen :_ 0206 41 00 -- Livers kg. 30% 0206 49 00 -- Other kg. 30% 0206 80 - _Other, fresh or chilled :_ 0206 80 10 --- Of sheep or goats kg. 30% 0206 80 90 --- Other kg. 30% 0206 90 - _Other, frozen :_ 0206 90 10 --- Of sheep or goats kg. 30% 0206 90 90 --- Other kg. 30% **0207** **MEAT** **AND** **EDIBLE** **OFFAL,** **OF** **THE** **POULTRY** **OF** **HEADING** **0105,** **FRESH,** **CHILLED OR FROZEN** - _Of fowls of the species Gallus domesticus :_ 0207 11 00 -- Not cut in pieces, fresh or chilled kg. 30% 0207 12 00 -- Not cut in pieces, frozen kg. 30% 0207 13 00 -- Cuts and offal, fresh or chilled kg. 100% 0207 14 00 -- Cuts and offal, frozen kg. 100% - _Of turkeys :_ 0207 24 00 -- Not cut in pieces, fresh or chilled kg. 30% 0207 25 00 -- Not cut in pieces, frozen kg. 30% 0207 26 00 -- Cuts and offal, fresh or chilled kg. 30% 0207 27 00 -- Cuts and offal, frozen kg. 30% - _Of ducks:_ ----- **SECTION-I** **CHAPTER-2** **(1)** **(2)** **(3)** **(4)** **(5)** 0207 41 00 -- Not cut in pieces, fresh or chilled kg. 30% 0207 42 00 -- Not cut in pieces, frozen kg. 30% 0207 43 00 -- Fatty livers, fresh or chilled kg. 30% 0207 44 00 -- Other, fresh or chilled kg. 30% 0207 45 00 0207 51 00 - - Other, frozen _Of geese:_ Not cut in pieces, fresh or chilled kg. kg. 30% 30% 0207 52 00 -- Not cut in pieces, frozen kg. 30% 0207 53 00 -- Fatty livers, fresh or chilled kg. 30% 0207 54 00 -- Other, fresh or chilled kg. 30% 0207 55 00 -- Other, frozen kg. 30% 0207 60 00 - Of guinea fowls kg. 30% **0208** **OTHER** **MEAT** **AND** **EDIBLE** **MEAT** **OFFAL,** **FRESH,** **CHILLED OR FROZEN** 0208 10 00 - Of rabbits or hares kg. 30% 0208 30 00 - Of primates kg. 30% 0208 40 00 0208 50 00 Of whales, dolphines and porpoises (mammals of the order cetacea); of manatees and dugongs (mammals of the order Sirenia); of seals, sea lions and walruses (mammals of the sub-order _Pinnipedia)_ Of reptiles (including snakes and turtles) kg. kg. 30% 30% 0208 60 00 - Of camels and other camelids (Camelidae) kg. 30% 0208 90 - _Other :_ 0208 90 10 --- Of wild animals kg. 30% 0208 90 90 --- Other kg. 30% **0209** **PIG** **FAT, FREE OF LEAN MEAT AND** **POUTRY** **FAT,** **NOT RENDERED OR OTHERWISE EXTRACTED,** **FRESH,** **CHILLED,** **FROZEN,** **SALTED,** **IN** **BRINE,** **DRIED OR SMOKED** 0209 10 00 - Of pigs kg. 30% 0209 90 00 - Other kg. 30% **0210** **MEAT** **AND** **EDIBLE** **MEAT** **OFFAL,** **SALTED,** **IN** **BRINE,** **DRIED OR SMOKED;** **EDIBLE FLOURS** **AND** **MEALS OF MEAT OR MEAT OFFAL** - _Meat of swine :_ 0210 11 00 -- Hams, shoulders and cuts thereof, with bone in kg. 30% 0210 12 00 -- Bellies (streaky) and cuts thereof kg. 30% 0210 19 00 -- Other kg. 30% ----- **SECTION-I** **CHAPTER-2** **(1)** **(2)** **(3)** **(4)** **(5)** 0210 20 00 - Meat of bovine animals kg. 30% - _Other, including edible flours and meals of_ _meat or meat offal:_ 0210 91 00 -- Of primates kg. 30% 0210 92 00 -- Of whales, dolphins and porpoises (mammals kg. 30% of the order _cetacea); of manatees and dugongs_ (mammals of the order Sirenia); of seals, sea lions and walruses _(mammals of the sub-order_ _Pinnipedia)_ 0210 93 00 -- Of reptiles (including snakes and turtles) kg. 30% 0210 99 00 -- Other kg. 30% ----- **SECTION-I** **CHAPTER-3** **CHAPTER 3** **Fish and crustaceans, molluscs and other aquatic invertebrates** **NOTES** **:** 1. This Chapter does not cover : (a) mammals of heading 0106; (b) meat of mammals of heading 0106 ( heading 0208 or 0210); (c) fish (includinglivers, roes and milt thereof) or crustaceans, molluscs or other aquatic invertebrates, dead and unfit or unsuitable for human consumption by reason of either their species or their condition (Chapter 5); flours, meals or pellets of fish or of crustaceans, molluscs or other aquatic invertebrates, unfit for human consumption (heading 2301); or (d) caviar or caviar substitutes prepared from fish eggs (heading 1604). 2. In this Chapter, the term ―pellets‖ means products which have been agglomerated either directly by compression or by the addition of a small quantity of binder. 3. Headings 0305 to 0308 do not cover flours, meals and pellets, fit for human consumption (heading 0309). **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard** **Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **0301** **LIVE** **FISH** - _Ornamental Fish_ 0301 11 00 -- Freshwater kg. 30% 0301 19 00 -- Other kg. 30% - _Other Live Fish :_ 0301 91 00 -- Trout (Salmo trutta, Oncorhynchus mykiss, kg. 30% _Oncorhynchus clarkii, Oncorhynchus_ _aguabonita, Oncorhynchus gilae,_ _Oncorhynchus apache and Oncorhynchus_ _chrysogaster )_ 0301 92 00 -- Eels _(Anguilla spp.)_ kg. 30% 0301 93 00 -- Carp (Cyprinus spp., Carassius spp., Ctenop- kg. 30% _haryngodon idellus,Hypophthalmichthys spp.,_ _Cirrhinus spp.,Mylopharyngodon piceus, Catla_ _catla, Labeo spp., Osteochilus hasselti, Lepto-_ _barbus hoeveni, Megalobrama spp.)_ 0301 94 00 -- Atlantic and Pacific bluefin tunas (Thunnus kg. 30% _thynnus, Thunnus orientalis)_ 0301 95 00 -- Southern bluefin tunas _(Thunnus maccoyii)_ kg. 30% 0301 99 00 -- Other kg. 30% ----- **SECTION-I** **CHAPTER-3** **(1)** **(2)** **(3)** **(4)** **(5)** **0302** **FISH, FRESH OR CHILLED, EXCLUDING FISH FILLETS AND** **OTHER FISH MEATOF HEADING 0304** - _Salmonidae, excluding edible fish offal of sub-_ _headings 0302 91to 0302 99:_ 0302 11 00 -- Trout _(Salmo trutta, Oncorhyncus mykiss, Oncor-_ kg. 30% _hyncus clarkii, Oncorhyncus aguabonita, Oncor-_ _hyncus gilae, Oncorhyncus apache and Oncor-_ _hyncus_ _chrysogaster)_ 0302 13 00 - - Pacific salmon _(Oncorhynchus nerka, Oncorhy-_ kg. 30% _nchus gorbuscha, Oncorhynchus keta, Oncorhy-_ _nchus_ _tschawytscha,Oncorhynchus_ _kisutch,_ _Oncorhynchus_ _masou andOncorhynchus_ _rhodurus)_ 0302 14 00 - - Atlantic salmon (Salmo salar) and Danube salmon kg. 30% _(Hucho hucho)_ 0302 19 00 - - Other kg. 30% - Flat fish _(Pleuronectidae, Bothidae, Cynoglossidae,_ _Soleidae,Scophthalmidae and Citharidae), excluding_ edible fish offal of sub-headings 0302 91 to 0301 99: 0302 21 00 - - Halibut _(Rheinhardtius hippoglossidae, Hippog-_ kg. 30% _lossus hippoglossus, Hippoglossus stenolepis)_ 0302 22 00 - - Plaice _(Pleuronectes platessa)_ kg. 30% 0302 23 00 - - Sole _(Solea spp.)_ kg. 30% 0302 24 00 - - Turbots (Psetta maxima) kg. 30% 0302 29 00 - - Other kg. 30% _- Tunas (of the genus Thunnus), skipjack tuna (stripe-_ _bellied bonito) (Katsuwonuspelamis), excluding_ _edible fish offal of sub-headings 0302 91 to 0302 99:_ 0302 31 00 - - Albacore or long finned tunas (Thunnus alalunga) kg. 30% 0302 32 00 - - Yellowfin tunas (Thunnus albacares) kg. 30% 0302 33 00 - - Skipjack tuna (stripe-bellied bonito) kg. 30% (Katsuwonuspelamis) 0302 34 00 - - Bigeye tunas _(Thunnus obesus)_ kg. 30% 0302 35 00 - - Atlantic and Pacific bluefin tunas (Thunnus thynnus, kg. 30% _Thunnus orientalis)_ 0302 36 00 - - Southern bluefin tunas (Thunnus maccoyii) kg. 30% 0302 39 00 - - Other kg. 30% - _Herrings (Clupea harengus, Clupea pallasii),_ _anchovies (Engraulis spp.), sardines (Sardina_ _pilchardus, Sardinops spp.), sardinella (Sardinella_ _spp.), brisling or sprats (Sprattus sprattus),_ _mackerel (Scomber scombrus, Scomber austr-_ _alasicus, Scomber japonicus), Indian mackerels_ _(Rastrelliger spp.), seerfishes (Scomberomorus_ _spp.), jack and horse mackerel (Trachurus spp.),_ ----- **SECTION-I** **CHAPTER-3** **(1)** **(2)** **(3)** **(4)** **(5)** _jacks, crevalles (Caranx spp.), cobia (Rachy-_ _centron canadum), silver pomfrets (Pampus spp.),_ _Pacific saury (Cololabis saira), scads (Decapterus_ _spp.), capelin (Mallotus villosus), Sword fish_ _(Xiphias gladius), Kawakawa (Euthynnus affinis),_ _bonitos (Sarda spp.), marlins, sailfishes, spearfish_ _(Istiophoridae), excluding edible fish offal of sub-_ _headings 0302 91 to 0302 99:_ 0302 41 00 - - Herrings _(Clupea harengus, Clupea pallasii)_ kg. 30% 0302 42 00 - - Anchovies _(Engraulis spp.)_ kg. 30% 0302 43 00 - - Sardines _(Sardina pilchardus, Sardinops spp.),_ kg. 30% sardinella (Sardinella spp.), brisling or sprats _(Sprattus sprattus)_ 0302 44 00 - - Mackerel _(Scomber scombrus, Scomber austr-_ kg. 30% _alasicus, Scomber japonicus)_ 0302 45 00 - - Jack and horse mackerel _(Trachurus spp.)_ kg. 30% 0302 46 00 - - Cobia _(Rachycentron canadum)_ kg. 30% 0302 47 00 - - Sword fish (Xiphias gladius) kg. 30% 0302 49 00 - - Other kg. 30% - _Fish of the families Bregmacerotidae, Euclich-_ _thyidae, Gadidae, Macrouridae, Melanonidae,_ _Merlucciidae, Moridae and Muraenolepididae,_ _excluding edible fish offal of sub-headings_ _0302 91 to 0302 99:_ 0302 51 00 - - Cod _(Gadus morhua, Gadus ogac, Gadus_ kg. 30% _macrocephalus)_ 0302 52 00 - - Haddock _(Melangrammus aegllefinus)_ kg. 30% 0302 53 00 - - Coal fish (Pollachinus virens) kg. 30% 0302 54 00 - - Hake _(Merluccius spp., Urophycis spp.)_ kg. 30% 0302 55 00 - - Alaska Pollock (Theragrachalcogramma) kg. 30% 0302 56 00 - - Blue whittings (Micromesistius poutassou, Micro- kg. 30% _mesistius australis)_ 0302 59 00 - - Other kg. 30% _- Tilapias (Oreochromis spp.), catfish (Pangasius_ _spp., Silurus spp., Clarias spp., Ictalurus spp.),_ _carp (Cyprinus spp.,Carassius spp., Ctenophary-_ _ngodon idellus, Hypophthalmichthys spp.,_ _Cirrhinus spp., Mylopharyngodon piceus, Catla_ _catla, Labeo spp., Osteochilus hasselti, Leptobar-_ _bus hoeveni, Megalobrama spp.), eels (Anguilla_ _spp.), Nile perch (Lates niloticus) and snakeheads_ _(Channa spp.), excluding edible fish offal of sub-_ _headings 0302 91 to 0302 99:_ 0302 71 00 - - Tilapias (Oreochromis spp.), kg. 30% 0302 72 00 - - Catfish _(Pangasius spp., Silurus spp., Clarias spp.,_ kg. 30% ----- **SECTION-I** **CHAPTER-3** **(1)** **(2)** **(3)** **(4)** **(5)** _Ictalurus spp.)_ 0302 73 00 _- - Carp (Cyprinus spp., Carassius spp., Cteno-_ kg. 30% _pharyngodon idellus, Hypophthalmichthys spp.,_ _Cirrhinus spp., Mylopharyngodon piceus, Catla_ _catla, Labeo spp., Osteochilus hasselti, Leptobar-_ _bus hoeveni, Megalobrama spp.):_ 0302 74 00 - - Eels _(Anguilla spp.)_ kg. 30% 0302 79 00 - - Other kg. 30% - _Other fish exculding edible fish offal of sub-_ _headings 0302 91 to 0302 99:_ 0302 81 00 - - Dogfish and other sharks kg. 30% 0302 82 00 - - Rays and skates _(Rajidae)_ kg. 30% 0302 83 00 - - Tooth fish (Dissostichus spp.) kg. 30% 0302 84 00 - - Seabass _(Dicentrarchus spp.)_ kg. 30% 0302 85 00 - - Seabream _(Sparidae)_ kg. 30% 0302 89 - - _Other:_ 0302 89 10 - - - Hilsa ( Tenualosa ilisha) kg. 30% 0302 89 20 - - - Dara kg. 30% 0302 89 30 - - - Pomfret kg. 30% 0302 89 90 - - - Other kg. 30% _- Livers, roes, milt, fish fins, heads, tails, maws_ _and other edible fish offal:_ 0302 91 00 - - Livers, roes and milt kg. 30% 0302 92 00 - - Shark fins kg. 30% 0302 99 - - Other: 0302 99 10 - - - Fish fins other than shark fins; heads, tails and maws kg. 30% 0302 99 90 - - - Other edible fish offal kg. 30% **0303** **FISH, FROZEN, EXCLUDING FISH FILLETS AND OTHER FISH** **MEAT OF HEADING 0304** _- Salmonidae, excluding edible fish offal of sub-_ _headings 0303 91 to 0303 99:_ 0303 11 00 - - Sockeye salmon _(red salmon) (Oncorhynchus_ kg. 30% _nerka)_ 0303 12 00 - - Other Pacific salmon _(Oncorhynchus gorbuscha,_ kg. 30% _Oncorhynchus_ _keta,_ _Oncorhynchus_ _tschawytscha,_ _Oncorhynchus kisutch,Oncorhynchus_ _masou_ _and_ _Oncorhynchus_ _rhodurus)_ 0303 13 00 - - Atlantic salmon (Salmo salar) and Danube salmon kg. 30% _(Hucho hucho)_ 0303 14 00 - - Trout _(Salmo trutta, Oncorhynchus mykiss, Oncor-_ kg. 30% _hynchus_ _clarki, Oncorhynchus aguabonita,_ _Oncorhynchus gilae, Oncorhynchus apache and_ ----- **SECTION-I** **CHAPTER-3** **(1)** **(2)** **(3)** **(4)** **(5)** _Oncorhynchus chrysogaster)_ 0303 19 00 - - Other kg. 30% _- Tilapias (Oreochromis spp.), catfish (Pangasius_ _spp., Silurus spp., Clarias spp., Ictalurus spp.),_ _carp (Cyprinus spp., Carassius spp.,_ _Ctenopharyngodon_ _idellus,_ _Hypophthalmichthys_ _spp., Cirrhinus spp., Mylopharyngodon piceus,_ _Catla catla, Labeo spp., Osteochilus hasselti,_ _Leptobarbus hoeveni, Megalobrama spp.) eels_ _(Anguilla spp.),Nile perch (Lates niloticus) and_ _snakeheads, (Channa spp.), excluding edible fish_ _offal of sub-headings 0303 91 to 0303 99:_ 0303 23 00 - - Tilapias (Oreochromis spp.) kg. 30% 0303 24 00 - - Catfish _(Pangasius spp., Silurus spp., Clarias spp.,_ kg. 30% _Ictalurus spp.)_ 0303 25 00 - - Carp _(Cyprinus spp., Carassius spp.,_ kg. 30% _Ctenopharyngodon_ _idellus,_ _Hypophthalmichthys_ _spp., Cirrhinus spp., Mylopharyngodon piceus,_ _Catla catla, Labeo spp., Osteochilus hasselti,_ _Leptobarbus hoeveni, Megalobrama spp.)_ 0303 26 00 - - Eels (Anguilla spp.) kg. 30% 0303 29 00 - - Other kg. 30% _- Flat fish (Pleuronectidae, Bothidae, Cynog-_ _lossidae, Soleidae, Scophthalmidae and_ _Citharidae), excluding edible fish offal of sub-_ _headings 0303 91 to 0303 99:_ 0303 31 00 - - Halibut _(Rheinhardtius hippoglossoides, Hippog-_ kg. 30% _lossus_ _hippoglossus,Hippoglossus_ _stenolepis)_ 0303 32 00 - - Plaice _(Pleuronectes platessa)_ kg. 30% 0303 33 00 - - Sole _(Solea spp.)_ kg. 30% 0303 34 00 - - Turbots (Psetta maxima) kg. 30% 0303 39 00 - - Other kg. 30% _- Tunas (of the genus Thunnus), skipjack tuna (stripe-_ _bellied_ _bonito)_ (Katsuwonuspelamis), _excluding_ _edible fish offal of sub-headings 0303 91 to 0303 99:_ 0303 41 00 - - Albacore or long finned tunas (Thunnus alalunga) kg. 30% 0303 42 00 - - Yellowfin tunas (Thunnus albacares) kg. 30% 0303 43 00 - - Skipjack tuna (stripe-bellied bonito) kg. 30% (Katsuwonuspelamis) 0303 44 00 - - Bigeye tunas _(Thunnus obesus)_ kg. 30% 0303 45 00 - - Atlantic and Pacific bluefin tunas (Thunnus thynnus, kg. 30% _Thunnus orientalis)_ 0303 46 00 - - Southern bluefin tunas (Thunnus maccoyii) kg. 30% 0303 49 00 - - Other kg. 30% _- Herrings (Clupea harengus, Clupea pallasii),_ ----- **SECTION-I** **CHAPTER-3** **(1)** **(2)** **(3)** **(4)** **(5)** _anchovies (Engraulis spp.), sardines (Sardina_ _pilchardus, Sardinops spp.), sardinella (Sardinella_ _spp.), brisling or sprats (Sprattus sprattus),_ _mackerel (Scomber scombrus, Scomber austr-_ _alasicus, Scomber japonicus), Indian mackerels_ _(Rastrelliger spp.), seerfishes (Scomberomorus_ _spp.), jack and horse mackerel (Trachurus spp.),_ _jacks, crevalles (Caranx spp.), cobia (Rachy-_ _centron canadum), silver pomfrets (Pampus spp.),_ _Pacific saury (Cololabis saira), scads (Decap-_ _terus spp.), capelin (Mallotus villosus), Sword fish_ _(Xiphias gladius), Kawakawa (Euthynnus affinis),_ _bonitos (Sarda spp.), marlins, sailfishes, spearfish_ _(Istiophoridae), excluding edible fish offal of sub-_ _headings 0303 91 to 0303 99:_ 0303 51 00 - - Herrings _(Clupea harengus, Clupea pallasii)_ kg. 30% 0303 53 00 - - Sardines _(Sardina pilchardus, Sardinops spp.),_ kg. 30% sardinella (Sardinella spp.), brisling or sprats _(Sprattus sprattus)_ 0303 54 00 - - Mackerel _(Scomber scombrus, Scomber_ kg. 30% _australasicus, Scomber japonicus)_ 0303 55 00 - - Jack and horse mackerel _(Trachurus spp.)_ kg. 30% 0303 56 00 - - Cobia _(Rachycentron canadum)_ kg. 30% 0303 57 00 - - Sword fish (Xiphias gladius) kg. 30% 0303 59 - - Others: 0303 59 10 - - - Indian mackerels (Rastrelliger spp.) kg. 30% 0303 59 90 - - - Other kg. 30% - _Fish of the families Bregmacerotidae, Euclichth-_ _yidae, Gadidae, Macrouridae, Melanonidae,_ _Merlucciidae, Moridae and Muraenolepididae,_ _excluding edible fish offal of sub-headings_ _0303 91 to 0303 99:_ 0303 63 00 - - Cod _(Gadus morhua, Gadus ogac, Gadus_ kg. 30% _macrocephalus)_ 0303 64 00 - - Haddock _(Melanogrammus aeglefinus)_ kg. 30% 0303 65 00 - - Coal fish (Pollachius virens) kg. 30% 0303 66 00 - - Hake _(Merluccius spp., Urophycis spp.)_ kg. 30% 0303 67 00 - - Alaska Pollock (Theragra chalcogramma) kg. 30% 0303 68 00 - - Blue whitings (Micromesistius poutassou, kg. 30% _Micromesistiusaustralis)_ 0303 69 00 - - Other kg. 30% - _Other fish, excluding edible fish offal of_ _sub-headings 0303 91 to 0303 99:_ 0303 81 - - _Dogfish and other sharks:_ 0303 81 10 - - - Dogfish kg. 30% ----- **SECTION-I** **CHAPTER-3** **(1)** **(2)** **(3)** **(4)** **(5)** 0303 81 90 - - - Other Sharks kg. 30% 0303 82 00 - - Rays and skates _(Rajidae)_ kg. 30% 0303 83 00 - - Tooth fish (Dissostichus spp.) kg. 30% 0303 84 00 - - Seabass _(Dicentrarchus spp.)_ kg. 30% 0303 89 - - _Other:_ 0303 89 10 - - - Hilsa (Tenualosa ilisha) kg. 30% 0303 89 20 - - - Dara kg. 30% 0303 89 30 - - - Ribbon fish kg. 30% 0303 89 40 - - - Seer kg. 30% 0303 89 50 - - - Pomfret (white or silver or black) kg. 30% 0303 89 60 - - - Ghol kg. 30% 0303 89 70 - - - Threadfin kg. 30% 0303 89 80 - - - Croakers, groupers and flounders kg. 30% 0303 89 90 - - - Other kg. 30% _- Livers, roes, milt, fish fins, heads, tails, maws_ _and other edible fish offal:_ 0303 91 - - _Livers, roes and milt:_ 0303 91 10 - - - Egg or egg yolk of fish kg. 30% 0303 91 90 - - - Other kg. 30% 0303 92 00 - - Shark fins kg. 30% 0303 99 - - _Other:_ 0303 99 10 - - - _Fish fins other than shark fins, heads, tails_ kg. 30% _and maws_ 0303 99 90 - - - Other edible fish offal kg. 30% **0304** **FISH FILLETS AND OTHER FISH MEAT (WHETHER OR** **NOT MINCED), FRESH, CHILLED OR FROZEN** - _Fresh or chilled fillets of tilapias_ _(Oreochromis spp.), catfish (Pangasius spp.,_ _Silurus spp., Clarias spp., Ictalurus spp.),_ _carp_ _(Cyprinus_ _spp.,_ _Carassius_ _spp.,_ _Ctenopharyngodon_ _idellus,_ _Hypophthalmi-_ _chthys spp., Cirrhinus spp., Mylopharyngodon_ _piceus, Catla catla, Labeo spp., Osteochilus_ _hasselti, Leptobarbus hoeveni, Megalobrama_ _spp.), eels (Anguilla spp.), Nile perch (Lates_ _niloticus) and snakeheads (Channa spp.):_ 0304 31 00 -- Tilapias (Oreochromis spp.) kg. 30% 0304 32 00 -- Catfish (Pangasius spp., Silurus spp.,Clarias spp., kg. 30% Ictalurus spp.) 0304 33 00 -- Nile Perch (Lates niloticus) kg. 30% 0304 39 00 -- Other kg. 30% - Fresh or chilled fillets of other fish : ----- **SECTION-I** **CHAPTER-3** **(1)** **(2)** **(3)** **(4)** **(5)** 0304 41 00 -- Pacific salmon _(Oncorhynchus nerka, Oncorhy-_ kg. 30% _nchus gorbuscha, Oncorhynchus keta, Oncor-_ _hynchus tschawytscha, Oncorhynchus kisutch,_ _Oncorhynchus masou and Oncorhynchus rhodurus),_ Atlantic salmon (Salmo salar) and Danube salmon _(Hucho hucho)_ 0304 42 00 -- Trout _(Salmo trutta, Oncorhynchus mykiss,_ kg. 30% _Oncorhynchus_ _clarki, Oncorhynchus aguabonita,_ _Oncorhynchus gilae, Oncorhynchus apache and_ _Oncorhynchus chrysogaster)_ 0304 43 00 -- Flat fish _(Pleuronectidae, Bothidae, Cynoglossidae,_ kg. 30% _Soleidae, Scophthalmidae_ _and Citharidae)_ 0304 44 00 -- Fish of the families Bregmacerotidae, kg. 30% Euclichthyidae, Gadidae, Macrouridae, Melanonidae, Merlucciidae, Moridae and Muraenolepididae 0304 45 00 -- Swordfish _(Xiphias gladius)_ kg. 30% 0304 46 00 - - Tooth fish (Dissostichus spp.) kg. 30% 0304 47 00 - - Dogfish and other sharks kg. 30% 0304 48 00 - - Rays and skates _(Rajidae)_ kg. 30% 0304 49 - - _Other:_ 0304 49 10 - - - Hilsa _(Tenualosa ilisha)_ kg. 30% 0304 49 30 - - - Seer kg. 30% 0304 49 40 - - - Tuna kg. 30% 0304 49 90 - - - Other kg. 30% - _Other, fresh or chilled:_ 0304 51 00 - - Tilapias (Oreochromis spp.), catfish (Pangasius kg. 30% _spp.,Silurus spp., Clarias spp., Ictalurus spp.),_ carp _(Cyprinus spp., Carassius spp., Ctenoph-_ _aryngodon idellus, Hypophthalmichthys spp.,_ _Cirrhinus spp., Mylopharyngodon piceus, Catla_ _catla, Labeo spp., Osteochilus hasselti, Lepto-_ _barbus hoeveni, Megalobrama spp.), eels (Anguilla_ _spp.), Nile perch (Lates niloticus) and snakeheads_ _(Channa spp.)_ 0304 52 00 - - Salmonidae kg. 30% 0304 53 00 - - Fish of the families Bregmacerotidae, Euclichthyidae, kg. 30% Gadidae, Macrouridae, Melanonidae, Merlucciidae, Moridae and Muraenolepididae 0304 54 00 - - Sword fish (Xiphias gladius) kg. 30% 0304 55 00 - - Tooth fish (Dissostichus spp.) kg. 30% 0304 56 00 - - Dogfish and other sharks kg. 30% 0304 57 00 - - Rays and skates _(Rajidae)_ kg. 30% 0304 59 - - _Other:_ 0304 59 10 - - - Hilsa _(Tenualosa ilisha)_ kg. 30% ----- **SECTION-I** **CHAPTER-3** **(1)** **(2)** **(3)** **(4)** **(5)** 0304 59 30 - - - Seer kg. 30% 0304 59 40 - - - Tuna kg. 30% 0304 59 90 - - - Other kg. 30% - _Frozen fillets of tilapias (Oreochromis spp.),_ _catfish (Pangasius spp., Silurus spp., Clarias spp.,_ _Ictalurus spp.), carp (Cyprinus spp., Carassius_ _spp.,_ _Ctenopharyngodon_ _idellus,Hypophthal-_ _michthys spp., Cirrhinus spp., Mylopharyngodon_ _piceus, Catla catla, Labeo spp., Osteochilus_ _hasselti, Leptobarbus hoeveni, Megalobrama spp.),_ _eels (Anguilla spp.), Nile perch (Lates niloticus)_ _and snakeheads (Channa spp.):_ 0304 61 00 - - Tilapias (Oreochromis spp.) kg. 30% 0304 62 00 - - Catfish _(Pangasius spp., Silurus spp., Clarias spp.,_ kg. 30% _Ictalurus spp.)_ 0304 63 00 - - Nile Perch _(Lates niloticus)_ kg. 30% 0304 69 00 - - Other kg. 30% - _Frozen fillets of fish of Bregmacerotidae, Euclich-_ _thyidae, Gadidae, Macrouridae, Melanonidae,_ _Merlucciidae, Moridae and Muraenolepididae:_ 0304 71 00 - - Cod _(Gadus morhua, Gadus ogac, Gadus_ kg. 30% _macrocephalus)_ 0304 72 00 - - Haddock _(Melanogrammus aeglefinus)_ kg. 30% 0304 73 00 - - Coal fish (Pollachius virens) kg. 30% 0304 74 00 - - Hake _(Merluccius spp., Urophycis spp.)_ kg. 30% 0304 75 00 - - Alaska Pollock (Theragra chalcogramma) kg. 30% 0304 79 00 - - Other kg. 30% - _Frozen fillets of other fish:_ 0304 81 00 - - Pacific salmon _(Oncorhynchus nerka, Oncor-_ kg. 30% _hynchus gorbuscha, Oncorhynchus keta, Oncor-_ _hynchus tschawytscha, Oncorhynchus kisutch,_ _Oncorhynchus masou and Oncorhynchus_ _rhodurus), Atlantic salmon (Salmo salar) and_ Danube salmon _(Hucho hucho)_ 0304 82 00 - - Trout _(Salmo trutta, Oncorhynchus mykiss, Oncor-_ kg. 30% _hynchus clarki, Oncorhynchus aguabonita,_ _Oncorhynchus gilae, Oncorhynchus apache and_ _Oncorhynchus chrysogaster)_ 0304 83 00 - - Flat fish _(Pleuronectidae, Bothidae, Cynog-_ kg. 30% _lossidae, Soleidae,_ _Scophthalmidae and_ _Citharidae)_ 0304 84 00 - - Sword fish (Xiphias gladius) kg. 30% 0304 85 00 - - Tooth fish (Dissostichus spp.) kg. 30% 0304 86 00 - - Herrings _(Clupea harengus, Clupea pallasii)_ kg. 30% 0304 87 00 - - Tunas (of the genus Thunnus), skipjack tuna (stripe bellied bonito) (Katsuwonus pelamis) kg. 30% ----- **SECTION-I** **CHAPTER-3** **(1)** **(2)** **(3)** **(4)** **(5)** 0304 88 0304 88 - - Dogfish, other sharks Rays and skates (Rajidae): 0304 88 10 - - - Dogfish kg. 30% 0304 88 20 - - - Other sharks kg. 30% 0304 88 30 - - - Rays and skates _(Rajidae)_ kg. 30% 0304 89 - - Other: 0304 89 10 - - - Hilsa _(Tenualosa ilisha)_ kg. 30% 0304 89 30 - - - Seer kg. 30% 0304 89 40 - - - Tuna kg. 30% 0304 89 90 - - - Other kg. 30% - _Other, frozen:_ 0304 91 00 - - Sword fish (Xiphias gladius) kg. 30% 0304 92 00 - - Tooth fish (Dissostichus spp.) kg. 30% 0304 93 00 - - Tilapias (Oreochromis spp.), catfish (Pangasius kg. 30% _spp., Silurus spp., Clarias spp., Ictalurus spp.),_ carp _(Cyprinus spp.,Carassius spp., Ctenophary-_ _ngodon idellus, Hypophthalmichthys spp.,_ _Cirrhinus spp., Mylopharyngodon piceus, Catla_ _catla, Labeo spp., Osteochilus hasselti, Lepto-_ _barbus hoeveni, Megalobrama spp.), eels (Anguilla_ _spp.), Nile perch (Lates niloticus) and snakeheads_ (Channa spp.) 0304 94 00 - - Alaska Pollock (Theragra chalcogramma) kg. 30% 0304 95 00 - - Fish of the families (Bregmacerotidae, kg. 30% _Euclichthyidae,_ _Gadidae,_ _Macrouridae,_ _Melanonidae,_ _Merlucciidae,_ _Moridae_ _and_ _Muraenolepididae,) other than Alaska Pollock_ (Theragra chalcogramma) 0304 96 00 - - Dogfish and other sharks kg. 30% 0304 97 00 - - Rays and skates (Rajidae) kg. 30% 0304 99 00 - - Other kg. 30% **0305** **FISH, DRIED, SALTED OR IN BRINE; SMOKED FISH, WHETHER** **OR NOT COOKED BEFORE OR DURING THE SMOKING** **PROCESS** 0305 20 00 - Livers, roes and milt of fish, dried, smoked, kg. 30% - salted or in brine Fish fillets, dried, salted or in brine, but not smoked: Tilapias (Oreochromis spp.), catfish (Pangasius _spp., Silurus spp., Clarias spp., Ictalurus spp.),_ carp _(Cyprinus spp.,Carassius spp., Cteno-_ kg. 0305 31 00 - 30% ----- **SECTION-I** **CHAPTER-3** **(1)** **(2)** **(3)** **(4)** **(5)** _pharyngodon idellus, Hypophthalmichthys spp.,_ _Cirrhinus spp., Mylopharyngodon piceus, Catla_ _catla, Labeo spp., Osteochilus hasselti,_ _Leptobarbus hoeveni, Megalobrama spp.),_ eels (Anguilla spp.), Nile perch (Lates niloticus) and snakeheads _(Channa spp.)_ 0305 32 00 -- Fish of the familes Bregmacerotidae, kg. 30% Euclichthyidae, Gadidae,Macrouridae, Melanonidae, Merlucciidae, Moridae and Muraenolepididae 0305 39 00 -- Other kg. 30% – _Smoked fish, including_ _fillets, other_ _than_ _edible_ _fish_ _offal:_ 0305 41 00 -- Pacific salmon (Oncorhynchus nerka, kg. 30% Oncorhynchus gorbuscha, Oncorhynchus keta, Oncorhynchus tschawytscha, Oncorhynchus kisutch, Oncorhynchus masou and Oncorhynchus rhodurus), Atlantic salmon (Salmo Salar) and Danube salmon (Hucho hucho) 0305 42 00 -- Herrings (Clupea harengus, Clupea pallasii) kg. 30% 0305 43 00 -- Trout (Salmo trutta, Oncorhynchus mykiss, kg. 30% Oncorhynchus clarki, Oncorhynchus aguabonita, Oncorhynchus gilae, Oncorhynchus apache and Oncorhynchus chrysogaster) 0305 44 00 -- Tilapias (Oreochromis spp.), catfish (Pangasius kg. 30% _spp., Silurus spp., Clarias spp., Ictalurus spp.),_ carp _(Cyprinus spp.,Carassius spp., Ctenophar-_ _yngodon idellus, Hypophthalmichthys spp.,_ _Cirrhinus spp., Mylopharyngodon piceus, Catla_ _catla, Labeo spp., Osteochilus hasselti, Lepto-_ _barbus hoeveni, Megalobrama spp.), eels_ _(Anguilla spp.), Nile perch (Lates niloticus)_ and snakeheads _(Channa spp.)_ 0305 49 00 -- Other kg. 30% - Dried fish, other than edible fish offal, whether or not salted but not smoked : 0305 51 00 -- Cod (Gadus morhua, Gadus ogac, Gadus kg. 30% macrocephalus) 0305 52 00 - - Tilapias (Oreochromis spp.), catfish (Pangasius kg. 30% _spp., Silurus spp., Clarias spp., Ictalurus spp.),_ carp _(Cyprinus spp.,Carassius spp., Cteno-_ _pharyngodon idellus, Hypophthalmichthys spp.,_ _Cirrhinus spp., Mylopharyngodon piceus, Catla_ _catla, Labeo spp., Osteochilus hasselti,Lepto-_ ----- **SECTION-I** **CHAPTER-3** **(1)** **(2)** **(3)** **(4)** **(5)** _barbus hoeveni, Megalobrama spp.), eels_ _(Anguilla spp.), Nile perch (Lates niloticus) and_ snakeheads _(Channa spp.)_ 0305 53 00 - - Fish of the families Bregmacerotidae, Euclichthyidae, kg. 30% Gadidae, Macrouridae, Melanonidae, Merlucciidae, Moridae and Muraenolepididae, other than cod _(Gadus morhua, Gadus ogac, Gadus macro-_ _cephalus)_ 0305 54 00 - - Herrings _(Clupea harengus, Clupea pallasii),_ kg. 30% anchovies (Engraulis spp.), sardines _(Sardina_ _pilchardus, Sardinops spp.), sardinella_ _(Sardinella_ _spp.), brisling or sprats (Sprattus sprattus), mackerel_ _(Scomber scombrus, Scomber australasicus,_ _Scomber japonicus), Indian mackerels_ _(Rastrelliger_ _spp.), seerfishes_ _(Scomberomorus spp.), jack and_ horse mackerel (Trachurus spp.), jacks, crevalles _(Caranx spp.), cobia (Rachycentron canadum),_ silver pomfrets (Pampus spp.), Pacific saury _(Cololabis saira), scads_ _(Decapterus spp.), capelin_ _(Mallotus villosus), Sword fish_ _(Xiphias gladius),_ Kawakawa _(Euthynnus affinis), bonitos_ _(Sarda_ _spp.), marlins, sailfishes, spearfish (Istiophoridae)_ 0305 59 -- Other : 0305 59 10 --- Mumbai duck kg. 30% 0305 59 20 --- Seer without head kg. 30% 0305 59 30 --- Sprats kg. 30% 0305 59 90 --- Other kg. 30% - Fish, salted but not dried or smoked and fish in brine, other than edible fish offal 0305 61 00 -- Herrings (Clupea harengus, Clupea pallasii) kg. 30% 0305 62 00 -- Cod (Gadus morhua, Gadus ogac, Gadus kg. 30% _macrocephalus)_ 0305 63 00 -- Anchovies (Engraulis _spp.)_ kg. 30% 0305 64 00 -- Tilapias (Oreochromis spp.), catfish (Pangasius kg. 30% _spp., Silurus kg. spp., Clarias spp., Ictalurus_ _spp.), carp_ _(Cyprinus spp.,Carassius spp., Cteno-_ _pharyngodon idellus, Hypophthalmichthys spp.,_ _Cirrhinus spp., Mylopharyngodon piceus, Catla_ _catla, Labeo spp., Osteochilus hasselti,Lepto-_ _barbus hoeveni, Megalobrama spp.),_ eels _(Anguilla spp.), Nile perch (Lates niloticus) and_ snakeheads _(Channa spp.)_ 0305 69 -- _Other:_ 0305 69 10 --- Mumbai duck kg. 30% ----- **SECTION-I** **CHAPTER-3** **(1)** **(2)** **(3)** **(4)** **(5)** 0305 69 20 --- Seer without head kg. 30% 0305 69 30 --- Sprats kg. 30% 0305 69 90 0305 71 00 -- - Other Fish fins, heads, tails, maws and other edible fish offal: Shark fins kg. kg. 30% 30% 0305 72 00 -- Fish heads, tails and maws kg. 30% 0305 79 00 -- Other kg. 30% **0306** **CRUSTACEANS, WHETHER IN SHELL OR NOT, LIVE, FRESH,** **CHILLED, FROZEN, DRIED, SALTED OR IN BRINE; SMOKED** **CRUSTACEANS, WHETHER IN SHELL OR NOT, WHETHER OR** **NOT COOKED BEFORE OR DURING THE SMOKING PROCESS;** **CRUSTACEANS, IN SHELL, COOKED BY STEAMING OR BY** **BOILING IN WATER, WHETHER OR NOT CHILLED, FROZEN,** **DRIED, SALTED OR IN BRINE** - _Frozen :_ 0306 11 00 -- Rock lobster and other sea craw fish kg. 30% (Palinurus spp., Panulirus spp., Jasus spp.) 0306 12 -- _Lobsters_ (Homarus spp.) : 0306 12 10 --- Whole, cooked kg. 30% 0306 12 90 --- Other kg. 30% 0306 14 00 -- Crabs kg. 30% 0306 15 00 -- Norway lobsters (Nephrops norvegicus) kg. 30% 0306 11 00 0306 12 - - 0306 16 0306 16 10 - -- Cold-water shrimps and prawns (Pandalus spp., Crangon crangon): Accelerated Freeze Dried (AFD) kg. 30% 0306 16 90 --- Other kg. 30% 0306 17 0306 17 11 - -- --- Other shrimps and prawns: Scampi (Macrobrachium spp.): Accelerated Freeze Dried (AFD) kg. 30% 0306 17 19 ---- Other kg. 30% 0306 17 20 --- Vannamei shrimp (Litopenaeus vannamei) kg. 30% 0306 17 30 --- Indian white shrimp (Fenneropenaeus indicus) kg. 30% 0306 17 40 --- Black tiger shrimp (Penaeus monodon) kg. 30% 0306 17 50 --- Flower shrimp (Penaeus semisulcatus) kg. 30% 0306 17 90 --- Other kg. 30% 0306 19 00 - Other _Live, fresh or chilled:_ 0306 31 00 - - Rock lobster and other sea crawfish (Palinurus _spp., Jasus spp.)_ kg. 30% kg. 30% ----- **SECTION-I** **CHAPTER-3** 0306 32 00 - - Lobsters _(Homarus spp.)_ kg. 30% 0306 33 00 - - Crabs kg. 30% 0306 34 00 - - Norway lobsters _(Nephrops norvegicus)_ kg. 30% 0306 35 00 - - Cold water shrimps and prawns (Pandalus spp., kg. 30% _Crangon crangon)_ 0306 36 - - _Other shrimps and prawns:_ 0306 36 10 --- Scampi (Macrobachium spp.) kg. 30% 0306 36 20 --- Vannamei shrimp (Litopenaeus vannamei) kg. 10% 0306 36 30 --- Indian white shrimp (Fenneropenaeus indicus) kg. 30% 0306 36 40 --- Black tiger shrimp (Penaeus monodon) kg. 10% 0306 36 50 --- Flower Shrimp(Penaeus semisulcatus) kg. 30% 0306 36 60 --- Artemia kg. 5% 0306 36 90 --- Other kg. 30% 0306 39 00 - - Other kg. 30% - _Other:_ 0306 91 00 -- Rock lobster and other sea crawfish (Palinurus kg. 30% _spp., Jasus spp.)_ 0306 92 00 - - Lobsters _( Homarus spp.)_ kg. 30% 0306 93 00 - - Crabs kg. 30% 0306 94 00 - - Norway lobsters _(Nephrops norvegicus)_ kg. 30% 0306 95 00 - - Shrimps and prawns kg. 30% 0306 99 00 - - Other kg. 30% **0307** **MOLLUSCS, WHETHER IN SHELL OR NOT, LIVE, FRESH,** **CHILLED, FROZEN, DRIED, SALTED OR IN BRINE;** **SMOKED MOLLUSCS, WHETHER IN SHELL OR NOT,** **WHETHER OR NOT COOKED BEFORE OR DURING THE** **SMOKING PROCESS** - Oysters: kg. 30% 0307 11 00 -- Live, fresh or chilled kg. 30% 0307 12 00 - - Frozen kg. 30% 0307 19 00 -- Other - Scallops and other molluscs of the family _Pectinidae_ 0307 21 00 -- Live, fresh or chilled kg. 30% kg. 30% 0307 22 00 - - Frozen kg. 30% 0307 29 00 -- Other kg. 30% - _Mussels (Mytilus spp., Perna spp.) :_ 0307 31 00 -- Live, fresh or chilled kg. 30% 0307 32 00 - - Frozen kg. 15% 0307 39 -- _Other :_ 0307 39 10 --- Clams, clam meat (bivalves-Victorita, spp., kg. 30% _Mertrix spp. and Katalysia spp.)_ 0307 39 90 --- Other kg. 30% - _Cuttle fish and squid:_ 0307 42 - - Live, fresh or chilled: 0307 42 10 - - - Cuttle fish kg. 30% 0307 42 20 - - - Squid kg. 30% 0307 43 - - _Frozen:_ 0307 43 10 - - - Cuttle fish kg. 30% ----- **SECTION-I** **CHAPTER-3** 0307 43 20 - - - Whole squids kg. 15% 0307 43 30 - - - Squid tubes kg. 30% 0307 43 90 - - - Other kg. 30% 0307 49 - - _Other:_ 0307 49 10 - - - Cuttle fish kg. 30% 0307 49 20 - - - Whole squids kg. 30% 0307 49 30 - - - Squid tubes kg. 30% 0307 49 40 - - - Dried squids kg. 30% 0307 49 90 0307 51 00 0307 49 90 - - - Other kg. 30% - Octopus (Octopus spp.): 0307 51 00 - - Live, fresh or chilled kg. 30% 0307 52 00 - - Frozen kg. 30% 0307 59 00 - - Other kg. 30% 0307 60 00 - Snails, other than sea snails kg. 30% - Clams, cockles and ark shells (families Arcidae, Arcticidae, Cardiidae, Donacidae, Hiatellidae, Mactridae, Mesodesmatidae, Myidae, Semelidae, Solecurtidae, Solenidae, Tridacnidae and Veneridae) : 0307 71 00 - - Live, fresh or chilled kg. 30% 0307 72 00 - - Frozen kg. 30% 0307 79 00 - - Other kg. 30% - Abalone (Haliotis Spp.) and stromboid conchs _(Strombus spp.):_ 0307 81 00 - - Live, fresh or chilled abalone (Haliotis spp.) kg. 30% 0307 82 00 - - Live, fresh or chilled stromboid conchs kg. 30% _(Strombus spp.)_ 0307 83 00 - - Frozen abalone (Haliotis spp.) kg. 30% 0307 84 00 - - Frozen stromboid conchs (Strombus spp.) kg. 30% 0307 87 00 - - Other abalone (Haliotis spp.) kg. 30% - - - 0307 88 00 0307 91 00 - - Other stromboid conchs (Strombus spp.) _Other:_ Live, fresh or chilled kg. kg. 30% 30% 0307 92 00 - - Frozen kg. 30% 0307 99 00 - - Other kg. 30% **0308** **AQUATIC INVERTEBRATES OTHER THAN CRUSTACEANS AND** **MOLLUSCS, LIVE, FRESH, CHILLED, FROZEN, DRIED, SALTED** **OR IN BRINE; SMOKED AQUATIC INVERTEBRATES OTHER** **THAN CRUSTACEANS AND MOLLUSCS, WHETHER OR NOT** **COOKED BEFORE OR DURING THE SMOKING PROCESS** - _Sea cucumbers (Stichopus japonicus,_ _Holothurioidea) :_ 0308 11 00 -- Live, fresh or chilled kg. 30% 0308 12 00 -- Frozen kg. 30% 0308 19 00 -- Other kg. 30% - _Sea urchins (Strongylocentrotus spp.,_ _Paracentrotus lividus, Loxechinus albus,_ _Echinus esculentus) :_ 0308 21 00 -- Live, fresh or chilled kg. 30% ----- 0308 30 10 --- Live, fresh or chilled kg. 30% 0308 30 20 --- Dried, salted or frozen kg. 30% 0308 30 90 --- Other kg. 30% 0308 90 00 - Other kg. 30% **0309** 0309 10 **FLOURS, MEALS AND PELLETS OF FISH, CRUSTACEANS,** **MOLLUSCS AND OTHER AQUATIC INVERTEBRATES, FIT** **FOR HUMAN CONSUMPTION** Of fish: 0309 10 10 --- Fresh or chilled kg. 30% 0309 10 20 --- Frozen kg. 30% 0309 10 30 --- Salted, in brine, dried or smoked kg. 30% 0309 10 90 --- Other kg. 30% 0309 90 - Other --- _Of crustaceans, fresh or chilled:_ 0309 90 11 ---- Vannamei shrimp (Litopenaeus vannamei) kg. 30% 0309 90 12 ---- Indian white shrimp (Fenneropenaeus indicus) kg. 30% 0309 90 13 ---- Black tiger shrimp (Penaeus monodon) kg. 30% 0309 90 14 ---- Flower shrimp (Penaeus semisulcatus) kg. 30% 0309 90 19 ---- Other kg. 30% --- _Of crustaceans, frozen:_ 0309 90 21 ---- Vannamei shrimp (Litopenaeus vannamei) kg. 30% 0309 90 22 ---- Indian white shrimp (Fenneropenaeus indicus) kg. 30% 0309 90 23 ---- Black tiger shrimp (Penaeus monodon) kg. 30% 0309 90 24 ---- Flower shrimp (Penaeus semisulcatus) kg. 30% 0309 90 29 ---- Other kg. 30% --- _Of crustaceans, salted, in brine, dried or smoked:_ 0309 90 31 ---- Vannamei shrimp (Litopenaeus vannamei) kg. 30% 0309 90 32 ---- Indian white shrimp (Fenneropenaeus indicus) kg. 30% 0309 90 33 ---- Black tiger shrimp (Penaeus monodon) kg. 30% 0309 90 34 ---- Flower shrimp (Penaeus semisulcatus) kg. 30% 0309 90 39 ---- Other kg. 30% 0309 90 40 --- Of crustaceans, other kg. 30% 0309 90 50 --- Of molluscs, fresh or chilled kg. 30% 0309 90 60 --- Of molluscs, frozen kg. 30% 0309 90 70 --- Of molluscs, salted, in brine, dried or smoked kg. 30% 0309 90 80 --- Of molluscs, other kg. 30% 0309 90 90 --- Other kg. 30% ----- **SECTION-I** **CHAPTER-4** **CHAPTER** **4** **Dairy produce; birds’ eggs; natural honey; edible products** **of animal origin, not elsewhere specified or included** **NOTES** **:** 1. The expression ―milk‖ means full cream milk or partially or completely skimmed milk. 2. For the purposes of heading 0403, yogurt may be concentrated or flavoured and may contain added sugar or other sweetening matter, fruit, nuts, cocoa, chocolate, spices, coffee or coffee extracts, plants, parts of plants, cereals or bakers‗ wares, provided that any added substance is not used for the purpose of replacing, in whole or in part, any milk constituent, and the product retains the essential character of yogurt. 3. For the purposes of heading 0405 : (a) the term ―butter‖ means natural butter, whey butter or recombined butter (fresh, salted or rancid, including canned butter) derived exclusively from milk, with a milkfat content of 80% or more but not more than 95% by weight, a maximum milk solids-not-fat content of 2% by weight and a maximum water content of 16% by weight. Butter does not contain added emulsifiers, but may contain sodium chloride, food colours, neutralising salts and cultures of harmless lactic- acid-producing bacteria; (b) the expression ―dairy spreads‖ means a spreadable emulsion of the water-in-oil type, containing milkfat as the only fat in the product, with a milkfat content of 39% or more but less than 80% by weight. 4. Products obtained by the concentration of whey and with the addition of milk or milkfat are to be classified as cheese in heading 0406 provided that they have the three following characteristics : (a) a milkfat content, by weight of the dry matter, of 5 % or more; (b) a dry matter content, by weight, of at least 70 % but not exceeding 85 %; and (c) they are moulded or capable of being moulded. 5. This Chapter does not cover: (a) non-living insects, unfit for human consumption (heading 0511); (b) products obtained from whey, containing by weight more than 95% lactose, expressed as anhydrous lactose, calculated on the dry matter (heading 1702); (c) products obtained from milk by replacing one or more of its natural constituents (for example, butyric fats) by another substance (for example, oleic fats) (heading 1901 or 2106); or (d) Albumins (including concentrates of two or more whey proteins, containing by weight more than 80% whey proteins, calculated on the dry matter) (heading 3502) or globulins (heading 3504). 6. For the purposes of heading 0410, the term ―insects‖ means edible non-living insects, whole or in parts, fresh, chilled, frozen, dried, smoked, salted or in brine, as well as flours and meals of insects, fit for human consumption. However, it does not cover edible non-living insects otherwise prepared or preserved (generally Section IV). **SUB-HEADING** **NOTES** **:** 1. For the purposes of sub-heading 0404 10, the expression ―modified whey‖ means products consisting of whey constituents, that is, whey from which all or part of the lactose, proteins or minerals have been removed, whey to which natural whey constituents have been added, and products obtained by mixing natural whey constituents. 2. For the purposes of sub-heading 0405 10, the term ―butter‖ does not include dehydrated butter or ghee ( b h di 0405 90) ----- **SECTION-I** **CHAPTER-4** **SUPPLEMENTARY** **NOTE** **:** In this Chapter, ―wild animal‖ means wild animal as defined in the Wild Life (Protection) Act, 1972 (53 of 1972). **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard** **Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **0401** **MILK** **AND** **CREAM,** **NOT** **CONCENTRATED** **NOR CONTAINING ADDED SUGAR OR OTHER** **SWEETENING MATTER** 0401 10 00 - Of a fat content, by weight, not exceeding 1% kg. 30% 0401 20 00 - Of a fat content, by weight, exceeding 1% kg. 30% but not exceeding 6% 0401 40 00 - Of a fat content, by weight, exceeding 6% kg. 30% but not exceeding 10% 0401 50 00 - Of a fat content, by weight, exceeding 10% kg. 30% **0402** **MILK** **AND** **CREAM,** **CONCENTRATED** **OR CONTAINING** **ADDED SUGAR OR OTHER SWEETENING MATTER** 0402 10 - _In powder, granules or other solid forms, of a_ _fat content, by weight not exceeding 1.5% :_ 0402 10 10 --- Skimmed Milk kg. 60% 0402 10 20 --- Milk food for babies kg. 60% 0402 10 90 --- Other - In powder, granules or other solid forms,of a fat _content, by weight exceeding 1.5% :_ 0402 21 00 -- Not containing added sugar or other sweetening matter 0402 29 -- _Other :_ kg. 60% kg. 60% 0402 29 10 --- Whole milk kg. 30% 0402 29 20 --- Milk for babies kg. 30% 0402 29 90 --- Other kg. 30% _-_ _Other :_ 0402 91 _-- Not containing added sugar or other sweetening_ _matter :_ 0402 91 10 --- Condensed milk kg. 30% 0402 91 90 --- Other kg. 30% ----- **SECTION-I** **CHAPTER-4** **(1)** **(2)** **(3)** **(4)** **(5)** 0402 99 _-- Other :_ 0402 99 10 --- Whole milk kg. 30% 0402 99 20 --- Condensed milk kg. 30% 0402 99 90 --- Other kg. 30% **0403** **YOGURT; BUTTERMILK, CURDLED MILK AND CREAM,** **KEPHIR AND OTHER FERMENTED OR ACIDIFIED MILK** **AND CREAM, WHETHER OR NOT CONCENTRATED OR** **CONTAINING ADDED SUGAR OR OTHER SWEETENING** **MATTER OR FLAVOURED OR CONTAINING ADDED FRUIT,** **NUTS OR COCOA** 0403 20 00 - Yogurt kg. 30% 0403 90 _- Other :_ 0403 90 10 --- Butter milk kg. 30% 0403 90 90 --- Other kg. 30% **0404** **WHEY,** **WHETHER** **OR** **NOT** **CONCENTRATED** **OR** **CONTAINING ADDED SUGAR OR OTHER SWEETENING** **MATTER;** **PRODUCTS CONSISTING OF NATURAL MILK** **CONSTITUENTS,** **WHETHER** **OR** **NOT** **CONTAINING** **ADDED SUGAR OR OTHER SWEETENING MATTER,** **NOT ELSEWHERE SPECIFIED OR INCLUDED** 0404 10 _- Whey and modified whey, whether or_ _not_ _concentrated_ _or containing_ _added_ _sugar_ _or_ _other sweetening matter :_ 0404 10 10 --- Whey, concentrated, evaporated or kg. 40% condensed, liquid or semi-solid 0404 10 20 --- Whey, dry, blocks and powdered kg. 40% 0404 10 90 --- Other kg. 40% 0404 90 00 - Other kg. 40% **0405** **BUTTER** **AND** **OTHER** **FATS** **AND** **OILS** **DERIVED** **FROM MILK; DAIRY SPREADS** 0405 10 00 - Butter kg. 40% 0405 20 00 - Dairy spreads kg. 40% 0405 90 _- Other :_ 0405 90 10 --- Butter oil kg. 40% 0405 90 20 --- Ghee kg. 40% 0405 90 90 --- Other kg. 40% **0406** **CHEESE** **AND** **CURD** 0404 10 20 -- kg. kg. 0406 10 0406 10 10 0406 10 90 ---- _Fresh (unripened or uncured) cheese,_ _including_ _whey cheese, and curd :_ Mozzarella cheese Other 30% 30% ----- **SECTION-I** **CHAPTER-4** **(1)** **(2)** **(3)** **(4)** **(5)** 0406 20 00 - Grated or powdered cheese, of all kinds kg. 30% 0406 30 00 - Processed cheese, not grated or powdered kg. 30% 0406 40 00 - Blue-veined cheese and other cheese containing kg. 30% 0406 90 00 veins produced by Penicillium roqueforti Other cheese 40% 30% **0407** **BIRDS’** **EGGS,** **IN** **SHELL,** **FRESH,** **PRESERVED** **OR** **COOKED** kg. _u_ **_-_** _Fertilised eggs for incubation:_ 0407 11 00 **- -** Of fowls of the species _Gallus domesticus_ _u_ 30% 0407 19 - - _Other:_ 0407 19 10 --- Of ducks u 30% 0407 11 00 0407 19 90 0407 21 00 -- - Other Other fresh eggs: Of fowls of the species _Gallus domesticus_ u u 30% 30% 0407 29 00 - - Other u 30% 0407 90 00 - Other u 30% **0408** **BIRDS’ EGGS, NOT IN** **SHELL,** **AND EGG YOLKS, FRESH,** **DRIED, COOKED BY STEAMING OR BY BOILING IN WATER,** **MOULDED, FROZEN OR OTHERWISE PRESERVED,** **WHETHER** **OR** **NOT** **CONTAINING** **ADDED** **SUGAR** **OR** **OTHER SWEETENING MATTER** _- Egg yolks :_ 0408 11 00 -- Dried kg. 30% 0408 19 00 0408 91 00 - _-_ - Other _Other :_ Dried kg. kg. 30% 30% 0408 99 00 -- Other kg. 30% **0409 00 00** **NATURAL** **HONEY** kg. 60% **0410** **-** **[INSECTS AND OTHER EDIBLE PRODUCTS OF ANIMAL ORIGIN, ]** **NOT ELSEWHERE SPECIFIED OR INCLUDED** 0410 10 _- Insects:_ 0410 10 10 --- Fresh, chilled or frozen kg. 30% 0410 10 20 --- Salted, in brine, dried or smoked kg. 30% 0410 10 90 --- Other kg. 30% 0410 90 - _Other:_ 0410 90 10 --- Of wild animals kg. 30% 0410 90 20 --- Turtle eggs and Salanganes‗ nests (―birds‗ nests‖) kg. 30% 0410 90 90 --- Other kg. 30% ----- **SECTION-I** **CHAPTER-5** **CHAPTER** **5** **_Products of animal origin, not elsewhere specified or included_** **NOTES** : 1. This Chapter does not cover: (a) edible products (other than guts, bladders and stomachs of animals, whole and pieces thereof, and animal blood, liquid or dried); (b) hides or skins (including furskins) other than goods of heading 0505 and parings and similar waste of raw hides or skins of heading 0511 (Chapter 41 or 43); (c) animal textile materials, other than horsehair and horsehair waste (Section XI); or (d) prepared knots or tufts for broom or brush making (heading 9603). 2. For the purposes of heading 0501, the sorting of hair by length (provided the root ends and tip ends respectively are not arranged together) shall be deemed not to constitute working. 3. Throughout this Schedule, elephant, hippopotamus, walrus, narwhal and wild boar tusks, rhinoceros horns and the teeth of all animals are regarded as ―ivory‖. 4. Throughout the Schedule, the expression "horsehair" means hair of the manes or tails of equine or bovine animals. Heading 0511 covers, inter alia, horsehair and horsehair waste, whether or not put up as a layer with or without supporting material. **SUPPLEMENTARY** **NOTE** **:** In this Chapter, the expressions ―wild animal‖ and ―wild life‖ have the meanings respectively assigned to them in clauses (36) and (37) of section 2 of the Wild Life (Protection) Act, 1972 (53 of 1972); and the expression "wild bird" means any bird specified in Schedules to that Act. **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **0501** **-** **HUMAN** **HAIR,** **UNWORKED,** **WHETHER** **OR** **NOT** **WASHED OR SCOURED; WASTE OF HUMAN HAIR** 0501 00 - _Human hair, unworked, whether or not_ _washed or scoured; Waste of human hair_ : 0501 00 10 --- Human hair, unworked, whether or not kg. 30% washed or scoured 0501 00 20 --- Waste of human hair kg. 30% **0502** **PIGS’,** **HOGS’** **OR BOARS’** **BRISTLES** **AND** **HAIR;** **BADGER** **HAIR** **AND** **OTHER** **BRUSH** **MAKING** **HAIR;** **WASTE OF SUCH BRISTLES OR HAIR** 0502 10 - _Pigs’, hogs’ or boars’ bristles and hair and_ _waste thereof:_ ----- **SECTION-I** **CHAPTER-5** **(1)** **(2)** **(3)** **(4)** **(5)** 0502 10 10 --- Pigs‗, hogs‗ or boars‗ bristles and hair kg. 30% 0502 10 20 --- Waste of pigs‗, hogs‗ or boars‗ bristles and kg. 30% hair 0502 90 - _Other:_ 0502 90 10 --- Badger hair and other brush making hair kg. 30% 0502 90 20 --- Yak tail hair kg. 30% 0502 90 90 --- Other kg. 30% **0504** **GUTS,** **BLADDERS** **AND** **STOMACHS** **OF** **ANIMALS(OTHER** **THAN** **FISH),** **WHOLE** **AND** **PIECES** **THEREOF,** **FRESH,** **CHILLED,** **FROZEN,** **SALTED,** **IN** **BRINE,** **DRIED** **OR** **SMOKED** 0504 00 **-** _Guts, bladders and stomachs of animals(other_ _than fish), whole and pieces thereof, fresh, chilled,_ _frozen, salted, in brine, dried or smoked:_ 0504 00 10 --- Guts of cattle for natural food casings kg. 30% 0504 00 20 --- Guts of sheep and goats for natural kg. 30% food casings --- _Guts of other animals for natural_ _food casings_ : 0504 00 31 ---- Of wild animals kg. 30% 0504 00 39 ---- Other kg. 30% --- _Guts other than for natural food castings_ : 0504 00 41 ---- Of wild animals kg. 30% 0504 00 49 ---- Other kg. 30% --- _Bladders and stomachs_ : 0504 00 51 ---- Of wild animals kg. 30% 0504 00 59 ---- Other kg. 30% **0505** **SKINS** **AND** **OTHER** **PARTS** **OF** **BIRDS,** **WITH** **THEIR** **FEATHERS OR DOWN,** **FEATHERS AND PARTS OF** **FEATHERS** **(WHETHER OR NOT WITH TRIMMED** **EDGES)** **AND DOWN,** **NOT FURTHER WORKED THAN** **CLEANED,** **DISINFECTED OR TREATED FOR** **PRESERVATION; POWDER AND WASTE OF** **FEATHERS OR PARTS OF FEATHERS** 0505 10 - _Feathers of a kind used for stuffing; down :_ 0505 10 10 --- Of wild birds kg. 30% 0505 10 90 --- Other kg. 30% 0505 90 - _Other:_ 0505 90 10 --- Peacock tail and wing feather kg. 30% (trimmed or not) ----- **SECTION-I** **CHAPTER-5** **(1)** **(2)** **(3)** **(4)** **(5)** --- _Other feather (excluding for stuffing_ _purpose) :_ 0505 90 21 ---- Of wild birds kg. 30% 0505 90 29 0505 90 31 0505 90 39 0505 90 91 --- -- --- --- -- --- Other _Powder and waste of feathers or parts of_ _feathers:_ Of wild birds Other _Skins and other parts_ : Of wild birds kg. kg. kg. kg. 30% 30% 30% 30% 0505 90 99 ---- Other kg. 30% **0506** **BONES** **AND** **HORN-CORES,** **UNWORKED,** **DEFATTED,** **SIMPLY PREPARED (BUT NOT CUT TO** **SHAPE),** **TREATED WITH** **ACID OR** **DEGELATINISED;** **POWDER AND WASTE OF THESE PRODUCTS** 0506 10 - _Ossein and bones treated with acid :_ --- _Bones, including horn-cores, crushed_ _:_ 0506 10 11 ---- Of wild animals kg. 30% 0506 10 19 0506 10 21 0506 10 29 0506 10 31 0506 10 39 0506 10 41 --- -- --- --- -- --- --- -- --- Other _Bone grist :_ Of wild animals Other _Ossein :_ Of wild animals Other _Bones, horn-cones and parts thereof, not_ _crushed :_ Of wild animals kg. kg. kg. kg. kg. kg. 30% 30% 30% 30% 30% 30% 0506 10 49 ---- Other kg. 30% 0506 90 - _Other :_ --- _Bone meal :_ 0506 90 11 ---- Of wild animals kg. 30% 0506 90 19 0506 90 91 --- -- --- Other _Other :_ Of wild animals kg. kg. 30% 30% 0506 90 99 ---- Other kg. 30% **0507** **IVORY, TORTOISE-SHELL, WHALEBONE AND** **WHALEBONE HAIR, HORNS, ANTLERS,** **HOOVES,** **NAILS,** **CLAWS AND BEAKS,** **UNWORKED OR SIMPLY** **PREPARED BUT NOT CUT TO SHAPE;** **POWDER AND** **WASTE OF THESE PRODUCTS** 0507 10 - _Ivory; ivory powder and waste :_ 0507 10 10 --- Ivory kg. 30% 20% ----- **SECTION-I** **CHAPTER-5** **(1)** **(2)** **(3)** **(4)** **(5)** 0507 10 20 --- Ivory powder and waste kg. 30% 20% 0507 90 - _Other :_ 0507 90 10 --- Hoof meal kg. 30% 0507 90 20 --- Horn meal kg. 30% 0507 90 30 --- Hooves, claws, nails and beaks kg. 30% 0507 90 40 --- Antlers kg. 30% 0507 90 50 --- Buffalo horns kg. 30% 0507 90 60 --- Tortoise-shell kg. 30% 0507 90 70 --- Claws and waste of tortoise shell kg. 30% 0507 90 90 --- Other kg. 30% **0508** **CORAL AND SIMILAR MATERIALS, UNWORKED OR** **SIMPLY PREPARED BUT NOT OTHERWISE WORKED;** **SHELLS** **OF** **MOLLUSCS,** **CRUSTACEANS** **OR** **ECHINODERMS AND CUTTLE-BONE, UNWORKED OR** **SIMPLY** **PREPARED** **BUT** **NOT** **CUT** **TO** **SHAPE,** **POWDER** **AND WASTE THEREOF** 0508 00 - _Coral and similar materials, unworked or_ _simply prepared but not otherwise worked;_ _shells_ _of_ _molluscs,_ _crustaceans_ _or_ kg. 0508 00 10 -- _echinoderms and cuttle-bone, unworked or_ _simply prepared but not cut to shape, powder_ _and waste thereof :_ Coral 30% 0508 00 20 --- Chanks kg. 30% 0508 00 30 --- Cowries kg. 30% 0508 00 40 --- Cuttlefish bones kg. 30% 0508 00 50 --- Shells kg. 30% 0508 00 90 --- Other kg. 30% **0510** **AMBERGRIS, CASTOREUM, CIVET AND MUSK;** **CANTHARIDES;** **BILE,** **WHETHER** **OR** **NOT** **DRIED;** **GLANDS AND OTHER ANIMAL PRODUCTS USED** **IN THE PREPARATION OF PHARMACEUTICAL** **PRODUCTS,** **FRESH,** **CHILLED,** **FROZEN OR** **OTHERWISE PROVISIONALLY PRESERVED** 0510 00 - _Ambergris, castoreum, civet and musk;_ _cantharides;_ _bile, whether_ _or_ _not_ _dried;_ _glands and other_ _animal products used_ _in the_ _preparation_ _of pharmaceutical_ _products,_ _fresh,_ _chilled,_ _frozen_ _or_ _otherwise_ _provisionally_ _preserved_ _:_ 0510 00 10 --- Bezoar, cow _(goolochan)_ kg. 30% ----- **(1)** **(2)** **(3)** **(4)** **(5)** 0510 00 20 --- Ox Gallstone kg. 30% 0510 00 30 0510 00 91 ---- --- Placenta, frozen _Other_ : Of wild animals kg. kg. 30% 30% 0510 00 99 ---- Other kg. 30% **0511** **ANIMAL** **PRODUCTS** **NOT** **ELSEWHERE** **SPECIFIED** **OR** **INCLUDED;** **DEAD** **ANIMALS** **OF** **CHAPTER** **1** **OR** **3,** **UNFIT FOR HUMAN CONSUMPTION** 0511 10 00 - Bovine semen kg. 30% - _Other :_ 0511 91 -- Products of fish or crustaceans, molluscs or other aquatic invertebrates; dead animals of Chapter 3 : 0511 91 10 --- Fish nails kg. 30% 0511 91 20 --- Fish tails kg. 30% 0511 91 30 --- Other fish waste kg. 30% 0511 91 40 --- Artemia cyst kg. 5% 0511 91 90 --- Other kg. 30% 0511 99 -- _Other :_ 0511 99 10 --- Silkworm pupae kg. 30% --- _Sinews and tendons :_ 0511 99 21 ---- Of wild life kg. 30% 0511 99 29 ---- Other kg. 30% --- _Other :_ 0511 99 91 ---- Frozen semen, other than bovine; kg. 30% bovine embryo 0511 99 92 ---- Of wild life kg. 30% 0511 99 99 ---- Other kg. 30% 0511 99 21 0511 99 29 0511 99 91 0511 99 92 -- --- --- -- --- --- ----- **SECTION-II** **CHAPTER-6** **SECTION II** **VEGETABLE PRODUCTS** **NOTE** : In this Section, the term ―pellets‖ means products which have been agglomerated either directly by compression or by the addition of a binder in a proportion not exceeding 3 (percent) by weight. **CHAPTER** **6** **_Live trees and other plants ; bulbs, roots and the like ; cut flowers and_** **_ornamental foliage_** **NOTES** **:** 1. Subject to the second part of heading 0601, this Chapter covers only live trees and goods (including seedling vegetables) of a kind commonly supplied by nursery gardeners or florists for planting or for ornamental use; nevertheless it does not include potatoes, onions, shallots, garlic or other products of Chapter 7. 2. Any reference in heading 0603 or 0604 to goods of any kind shall be construed as including a reference to bouquets, floral baskets, wreaths and similar articles made wholly or partly of goods of that kind, account not being taken of accessories of other materials. However, these headings do not include collages or similar decorative plaques of heading 9701. **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **0601** **BULBS,** **TUBERS,** **TUBEROUS** **ROOTS,** **CORMS, CROWNS** **AND RHIZOMES,** **DORMANT,** **IN GROWTH OR** **IN** **FLOWER; CHICORY PLANTS AND ROOTS OTHER THAN** **ROOTS OF HEADING** **1212** 0601 10 00 - Bulbs, tubers, tuberous roots, corms, kg. 10% crowns and rhizomes, dormant 0601 20 - _Bulbs, tubers, tuberous roots, corms,_ _crowns and rhizomes, in growth or in_ _flower; chicory plants and roots :_ 0601 20 10 --- Bulbs, horticultural kg. 10% --- _Chicory plants and roots :_ 0601 20 21 ---- Plants kg. 10% 0601 20 22 ---- Roots kg. 10% 0601 20 90 --- Other kg. 10% ----- **SECTION-II** **CHAPTER-6** **(1)** **(2)** **(3)** **(4)** **(5)** **0602** 0602 10 00 0602 20 0602 20 10 -- kg. kg. **OTHER** **LIVE** **PLANTS** **(INCLUDING** **THEIR** **ROOTS),** **CUTTINGS** **AND** **SLIPS;** **MUSHROOM SPAWN** Unrooted cuttings and slips _Trees, shrubs and bushes, grafted or not, of_ _kinds, which bear edible fruits or nuts :_ Edible fruit or nut trees, grafted or not 10% 10% 0602 20 20 --- Cactus kg. 10% 0602 20 90 --- Other kg. 10% 0602 30 00 - Rhododendrons and azaleas, grafted or not kg. 10% 0602 40 00 - Roses, grafted or not kg. 10% 0602 90 - _Other:_ 0602 90 10 --- Mushroom spawn kg. 10% 0602 90 20 --- Flowering plants (excluding roses and kg. 10% rhododendrons) 0602 90 30 --- Tissue culture plant kg. 10% 0602 90 90 --- Other kg. 10% **0603** **CUT** **FLOWERS** **AND** **FLOWER** **BUDS** **OF** **A** **KIND** **SUITABLE FOR BOUQUETS OR FOR ORNAMENTAL** **PURPOSES,** **FRESH,** **DRIED,** **DYED,** **BLEACHED,** **IMPREGNATED OR OTHERWISE PREPARED** - Fresh: 0603 11 00 -- Roses kg. 60% 0603 12 00 -- Carnations kg. 60% 0603 13 00 -- Orchids kg. 60% 0603 14 00 -- Chrysanthemums kg. 60% 0603 15 00 -- Lilies (Lilium Spp.) kg. 60% 0603 19 00 -- Other kg. 60% 0603 90 00 - Other kg. 60% **0604** **FOLIAGE, BRANCHES AND** **OTHER PARTS OF PLANTS,** **WITHOUT FLOWERS** **OR FLOWER BUDS, AND GRASSES,** **MOSSES AND LICHENS, BEING GOODS OF A KIND** **SUITABLE FOR BOUQUETS OR FOR ORNAMENTAL** **PURPOSES,** **FRESH,** **DRIED,** **DYED,** **BLEACHED,** **IMPREGNATED OR** **OTHERWISE** **PREPARED** 0604 20 00 - Fresh kg. 30% 0604 90 00 - Other kg. 30% 0602 90 30 -- ----- **SECTION-II** **CHAPTER-7** **CHAPTER** **7** **_Edible vegetables and certain roots and tubers_** **NOTES** **:** 1. This Chapter does not cover forage products of heading 1214. 2. In headings 0709, 0710, 0711 and 0712, the word ―vegetables‖ includes edible mushrooms, truffles, olives, capers, marrows, pumpkins, aubergines, sweet corn (Zea mays var. saccharata), fruits of the genus _Capsicum or of the genus Pimenta, fennel, parsley, chervil, tarragon, cress and sweet marjoram (Majorana_ _hortensis_ or _Origanum majorana)._ 3. Heading 0712 covers all dried vegetables of the kinds falling in headings 0701 to 0711, other than : (a) dried leguminous vegetables, shelled (heading 0713); (b) sweet corn in the forms specified in headings 1102 to 1104; (c) flour, meal, powder, flakes, granules and pellets of potatoes (heading 1105); (d) flour, meal and powder of the dried leguminous vegetables of heading 0713 (heading 1106). 4. However, dried or crushed or ground fruits of the genus _Capsicum or of the genus Pimenta are_ excluded from this Chapter (heading 0904). 5. Heading 0711 applies to vegetables which have been treated solely to ensure their provisional preservation during transport or storage prior to use (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), provided they remain unsuitable for immediate consumption in that state. Supplementary Note: (1) (a) For the purposes of this Chapter, ―Rose Onion‖ refers to a variety of onion defined and recognised by the Geographical Indication (GI) Registry against the GI no. 212 under the Geographical Indication of Goods (Registration and Protection) Act, 1999 (48 of 1999). (b) Produced/cultivated by a person certified/recognised and mentioned as a user in the Geographical Indication Registry against the said GI no.212‖; **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard** **Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **0701** **POTATOES,** **FRESH** **OR** **CHILLED** 0701 10 00 - Seed kg. 30% 20% 0701 90 00 - Other kg. 30% 20% **0702 00 00** **TOMATOES,** **FRESH** **OR** **CHILLED** kg. 30% 20% **0703** **ONIONS, SHALLOTS, GARLIC, LEEKS AND** **OTHER** **ALLIACEOUS** **VEGETABLES,** **FRESH** **OR CHILLED** 0703 10 _- Onions and shallots:_ --- _Onions:_ 0703 10 11 ---- Rose onion kg. 30% 20% 0703 10 19 ---- Other kg. 30% 20% 0703 10 20 --- Shallots kg. 30% 20% 0703 20 00 - Garlic kg. 100% 90% ----- **0704** **CABBAGES, CAULIFLOWERS, KOHLRABI, KALE** **AND SIMILAR EDIBLE BRASSICAS,** **FRESH OR** **CHILLED** 0704 10 00 - Cauliflowers and broccoli kg. 30% 20% 0704 20 00 - Brussels sprouts kg. 30% 20% 0704 90 00 - Other kg. 30% 20% ----- **SECTION-II** **CHAPTER-7** **(1)** **(2)** **(3)** **(4)** **(5)** **0705** **LETTUCE** **(LACTUCASATIVA)** **AND CHICORY** **(CICHORIUM SPP.** **),** **FRESH OR CHILLED** - _Lettuce:_ 0705 11 00 -- Cabbage lettuce (head lettuce) kg. 30% 20% 0705 19 00 -- Other kg. 30% 20% _- Chicory :_ 0705 21 00 -- Witloof chicory _(Cichorium intybus var._ kg. 30% 20% _foliosum)_ 0705 29 00 -- Other kg. 30% 20% **0706** **CARROTS,** **TURNIPS,** **SALAD** **BEETROOT,** **SALSIFY,** **CELERIAC,** **RADISHES AND SIMILAR EDIBLE** **ROOTS,** **FRESH OR CHILLED** 0706 10 00 - Carrots and turnips kg. 30% 20% 0706 90 _- Other :_ 0706 90 10 --- Horse radish kg. 30% 20% 0706 90 20 --- Other Radish kg. 30% 20% 0706 90 30 --- Salad beetroot kg. 30% 20% 0706 90 90 --- Other kg. 30% 20% **0707 00 00** **CUCUMBERS** **OR** **GHERKINS,** **FRESH** **OR** **CHILLED** kg. 30% 20% **0708** **LEGUMINOUS** **VEGETABLES,** **SHELLED** **OR** **UNSHELLED,** **FRESH OR CHILLED** 0708 10 00 - Peas (Pisum sativum) kg. 30% 20% 0708 20 00 - Beans _(Vigna_ _spp., Phaseolus spp.)_ kg. 30% 20% 0708 90 00 - Other leguminous vegetables kg. 30% 20% **0709** **OTHER** **VEGETABLES,** **FRESH** **OR** **CHILLED** 0709 20 00 - Asparagus kg. 30% 20% 0709 30 00 - Aubergines _(egg-plants)_ kg. 30% 20% 0709 40 00 - Celery other than celeraic kg. 30% 20% - _Mushrooms_ _and_ _truffles:_ 0709 51 00 -- Mushrooms of the genus agaricus kg. 30% 20% 0709 52 00 -- Mushrooms of the genus Boletus kg. 30% 20% 0709 53 00 -- Mushrooms of the genus Cantharellus kg. 30% 20% 0709 54 00 -- Shiitake (Lentinus edodes) kg. 30% 20% 0709 55 00 -- Matsutake (Tricholoma matsutake, Tricholoma kg. 30% 20% _magnivelare, Tricholoma anatolicum, Tricholoma_ _dulciolens, Tricholoma caligatum)_ 0709 56 00 -- Truffles (Tuber spp.) kg. 30% 20% 0709 59 00 -- Other kg. 30% 20% 0709 60 _- Fruits of the genus Capsicum or of the_ _genus Pimenta :_ 0709 60 10 --- Green chilly kg. 30% 20% 0709 60 90 --- Other kg. 30% 20% 0709 70 00 - Spinach, New Zealand spinach and orache kg. 30% 20% spinach _(garden_ _spinach)_ ----- 0709 92 00 -- Olives kg. 30% 20% 0709 93 -- Pumpkins, squash and gourds (Cucurbita spp.): 0709 93 10 --- Pumpkins kg. 30% 20% 0709 93 20 --- Squash kg. 30% 20% 0709 93 30 --- Bitter gourd kg. 30% 20% 0709 93 40 --- Bottle gourd kg. 30% 20% 0709 93 50 --- Snake gourd kg. 30% 20% 0709 93 60 --- Coccinia (Kundru) kg. 30% 20% 0709 93 90 --- Other kg. 30% 20% 0709 99 -- Other : 0709 99 10 --- Green Pepper kg. 30% 20% 0709 99 30 --- Okra/lady finger (Bhindi) kg. 30% 20% 0709 99 90 --- Other kg. 30% 20% **0710** **VEGETABLES (UNCOOKED OR COOKED BY** **STEAMING OR BOILING IN WATER),** **FROZEN** 0710 10 00 - Potatoes kg. 30% 20% _- Leguminous_ _vegetables,_ _shelled_ _or_ _unshelled:_ 0710 21 00 -- Peas _(Pisum sativum)_ kg. 30% 20% 0710 22 00 -- Beans (Vigna spp., Phaseolus spp.) kg. 30% 20% 0710 29 00 -- Other kg. 30% 20% 0710 30 00 - Spinach, New Zealand spinach and orache kg. 30% 20% spinach _(garden_ _spinach)_ 0710 40 00 - Sweet corn kg. 30% 20% 0710 80 - _Other vegetables:_ 0710 80 10 --- Terragon kg. 30% 20% 0710 80 90 --- Other kg. 30% 20% 0710 90 00 - Mixtures of vegetables kg. 30% 20% **0711** **VEGETABLES PROVISIONALLY PRESERVED, BUT** **UNSUITABLE IN THAT STATE FOR IMMEDIATE** **CONSUMPTION** 0711 20 00 - Olives kg. 30% 20% 0711 40 00 0711 51 00 - Cucumbers and gherkins _Mushrooms_ _and_ _truffles:_ Mushrooms of the gensus _agaricus_ kg. kg. 30% 30% 20% 20% 0711 59 00 -- Other kg. 30% 20% 0711 90 _- Other_ _vegetables;_ _mixtures_ _of_ _vegetables:_ 0711 90 10 --- Green pepper in brine kg. 30% 20% 0711 90 20 --- Assorted canned vegetables kg. 30% 20% 0711 90 90 --- Other kg. 30% 20% **0712** **DRIED** **VEGETABLES,** **WHOLE,** **CUT,** **SLICED,** **BROKEN OR IN POWDER,** **BUT NOT FURTHER** **PREPARED** ----- **SECTION-II** **CHAPTER-7** **(1)** **(2)** **(3)** **(4)** **(5)** 0712 20 00 0712 31 00 - Onions _Mushrooms, wood ears (Auricularia spp.),_ _jelly fungi (Tremella spp.) and truffles:_ Mushrooms of the genus lgaricus kg. kg. 30% 30% 20% 20% 0712 32 00 -- Wood ears _(Auricularia spp.)_ kg. 30% 20% 0712 33 00 -- Jelly fungi _(Tremella spp.)_ kg. 30% 20% 0712 34 00 -- Shiitake (Lentinus edodes) kg. 30% 20% 0712 39 00 -- Other kg. 30% 20% 0712 90 _- Other_ _vegetables;_ _mixtures_ _of_ _vegetables:_ 0712 90 10 --- Asparagus kg. 30% 20% 0712 90 20 --- Dehydrated garlic powder kg. 30% 20% 0712 90 30 --- Dehydrated garlic flakes kg. 30% 20% 0712 90 40 --- Dried garlic kg. 30% 20% 0712 90 50 --- Marjoram, Oregano kg. 30% 20% 0712 90 60 --- Potatoes kg. 30% 20% 0712 90 90 --- Other kg. 30% 20% **0713** **DRIED** **LEGUMINOUS** **VEGETABLES,** **SHELLED,** **WHETHER OR NOT SKINNED OR SPLIT** 0713 10 - Peas (Pisum sativum): 0713 10 10 --- Yellow peas kg. 50% 40% 0713 10 20 --- Green peas kg. 50% 40% 0713 10 90 --- Other kg. 50% 40% 0713 20 - Chickpeas (garbanzos): 0713 20 10 --- Kabuli chana kg. 70 % 20 % 0713 20 20 --- Bengal gram (desi chana) kg. 70 % 20 % 0713 20 90 0713 31 0713 31 10 -- ### - -- Other _Beans (Vigna spp.,_ _Phaseolus spp.):_ Beans of the species Vigna mungo (L.) Hepper or Vigna radiata (L.) Wilczek Beans of the species Vigna mungo (L.) Hepper kg. 70 % 20 % kg. 30% 20% 0713 31 90 --- Beans of the species Vigna radiata (L.) Wilczek kg. 30% 20% 0713 32 00 -- Small red (Adzuki) beans (Phaseolus or kg. 30% 20% _Vigna_ _angularis)_ 0713 33 00 -- Kidney beans, including white pea beans kg. 30% 20% (Phaseolus vulgaris) 0713 34 00 -- Bambara beans _(Vigna subterranea or Voandzeia_ kg. 40% 20% _subterranea)_ 0713 35 00 -- Cow peas _(Vigna unguiculata)_ kg. 30% 20% 0713 39 **_--_** _Other :_ 0713 39 10 --- Guar seeds kg. 30% 20% 0713 39 90 --- Other kg. 30% 20% 0713 40 00 - Lentils kg. 50% 20% 0713 50 00 - Broad beans _(Vicia faba var major)_ and horse kg. beans _(Vicia faba var equina, Vicia faba var_ _minor)_ 30% 20% ----- **SECTION-II** **CHAPTER-7** **(1)** **(2)** **(3)** **(4)** **(5)** 0713 60 00 - Pigeon peas _(Cajanus cajan)_ kg. 30% 20% 0713 90 _- Other :_ 0713 90 10 --- Split kg. 30% 20% 0713 90 90 --- Other kg. 30% 20% **0714** **MANIOC,** **ARROWROOT,** **SALEP,** **JERUSALEM** **ARTICHOKES,** **SWEET POTATOES AND SIMILAR** **ROOTS AND TUBERS WITH HIGH STARCH OR** **INULIN CONTENT,** **FRESH,** **CHILLED,** **FROZEN OR** **DRIED, WHETHER OR NOT SLICED OR IN THE** kg. 0714 10 00 **FORM OF PELLETS;** **SAGO PITH** Manioc (cassava) 30% 20% 0714 20 00 - Sweet potatoes kg. 30% 20% 0714 30 00 - Yams _(Dioscorea spp.)_ kg. 30% 20% 0714 40 00 - Taro _(Colocasia spp.)_ kg. 30% 20% 0714 50 00 - Yautia _(Xanthosoma spp.)_ kg. 30% 20% 0714 90 - _Other:_ 0714 90 10 --- Sago pith kg. 30% 20% 0714 90 90 --- Other kg. 30% 20% ----- **SECTION-II** **CHAPTER-8** **CHAPTER** **8** **_Edible fruit and nuts; peel of citrus fruit or melons_** **NOTES** **:** 1. This Chapter does not cover inedible nuts or fruits. 2. Chilled fruits and nuts are to be classified in the same headings as the correspon-ding fresh fruits and nuts. 3. Dried fruit or dried nuts of this Chapter may be partially rehydrated, or treated for the following purposes: (a) for additional preservation or stabilisation (for example, by moderate heat treatment, sulphuring, the addition of sorbic acid or potassium sorbate); (b) to improve or maintain their appearance (for example, by the addition of vegetable oil or small quantities of glucose syrup), provided that they retain the character of dried fruit or dried nuts. 4. Heading 0812 applies to fruit and nuts which have been treated solely to ensure their provisional preservation during transport or storage prior to use (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), provided they remain unsuitable for immediate consumption in that state. **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **0801** **COCONUTS,** **BRAZIL** **NUTS** **AND** **CASHEW** **NUTS,** **FRESH OR DRIED,** **WHETHER OR NOT SHELLED OR** **PEELED** _Coconuts :_ Desiccated kg. 0801 11 00 - 70% 60% 0801 12 -- _In the inner shell (endocarp) :_ 0801 12 10 --- Fresh kg. 70% 60% 0801 12 20 --- Dried kg. 70% 60% 0801 12 90 --- Other kg. 70% 60% 0801 19 _-- Other:_ 0801 19 10 --- Fresh kg. 70% 60% 0801 19 20 --- Dried kg. 70% 60% 0801 19 90 0801 21 00 0801 22 00 0801 31 00 -- - - - Other _Brazil nuts :_ In shell Shelled _Cashew nuts :_ In shell kg. kg. kg. kg. 70% 30% 30% 2.5% 60% 20% 20% Free 0801 32 -- Shelled : 0801 32 10 --- Cashew kernel, broken kg. 30% 20% 0801 32 20 --- Cashew kernel, whole kg. 30% 20% 0801 32 90 --- Other kg. 30% 20% ----- **SECTION-II** **CHAPTER-8** **(1)** **(2)** **(3)** **(4)** **(5)** **0802** 0802 11 00 **OTHER NUTS,** **FRESH** **OR** **DRIED,** **WHETHER** **OR NOT SHELLED OR PEELED** - _ALMONDS:_ -- In shell kg. 0802 11 00 -- In shell kg. Rs. 42 Rs. 30 per kg. per kg. 0802 12 00 -- Shelled kg. Rs. 120 Rs. 95 per kg. per kg. - _Hazelnuts or filberts (Corylus spp.):_ 0802 21 00 -- In shell kg. 30% 20% 0802 22 00 -- Shelled kg. 30% 20% - _Walnuts :_ 0802 31 00 -- In shell kg. 120% 20% 0802 32 00 -- Shelled kg. 100% 20% Chestnuts In shell kg. _(Castanea spp.)_ 0802 41 00 - 30% 20% 0802 42 00 -- Shelled kg. 30% 20% - Pistachios : 0802 51 00 -- In shell kg. 10% 20% 0802 52 00 -- Shelled kg. 10% 20% _Macadamia nuts:_ In shell kg. 0802 61 00 - 30% 20% 0802 62 00 -- Shelled kg. 30% 20% 0802 70 00 - Kola nuts (Cola Spp.) kg. 30% 20% 0802 80 - _Areca nuts :_ 0802 80 10 --- Whole kg. 100% 90% 0802 80 20 --- Split kg. 100% 90% 0802 80 30 --- Ground kg. 100% 90% 0802 80 90 --- Other kg. 100% 90% - _Other:_ 0802 91 00 -- Pine nuts, in shell kg. 100% 90% 0802 92 00 -- Pine nuts, shelled kg. 100% 90% 0802 99 00 -- Other kg. 100% 90% **0803** **BANANAS,** **INCLUDING** **PLANTAINS,** **FRESH OR DRIED** 0803 10 - Plantains 0803 10 10 --- Curry plantain kg. 30% 20% 0803 10 90 --- Other kg. 30% 20% 0803 90 - Other : 0803 90 10 --- Bananas, Fresh kg. 30% 20% 0803 90 90 --- Other kg. 30% 20% **0804** **DATES,** **FIGS, PINEAPPLES,** **AVOCADOS,** **GUAVAS,** **MANGOES,** **AND MANGOSTEENS,** **FRESH OR DRIED** 0804 10 _-_ _Dates :_ 0804 10 10 --- Fresh _(excluding wet dates)_ kg. 30% 20% 0804 10 20 --- Soft _(khayzur or wet dates)_ kg. 20% 20% 0804 10 30 --- Hard _(chhohara_ _or_ _kharek)_ kg. 20% 20% 0804 10 _-_ ----- **SECTION-II** **CHAPTER-8** **(1)** **(2)** **(3)** **(4)** **(5)** 0804 10 90 --- Other kg. 30% 20% 0804 20 _- Figs :_ 0804 20 10 --- Fresh kg. 30% 20% 0804 20 90 --- Other kg. 30% 20% 0804 30 00 - Pineapples kg. 30% 20% 0804 40 00 - Avocados kg. 30% 20% 0804 50 _- Guavas, mangoes and mangosteens:_ 0804 50 10 --- Guavas, fresh or dried kg. 30% 20% --- Mangoes, fresh: 0804 50 21 ---- Alphonso (Hapus) kg. 30% 20% 0804 50 22 ---- Banganapalli kg. 30% 20% 0804 50 23 ---- Chausa kg. 30% 20% 0804 50 24 ---- Dasheri kg. 30% 20% 0804 50 25 ---- Langda kg. 30% 20% 0804 50 26 ---- Kesar kg. 30% 20% 0804 50 27 ---- Totapuri kg. 30% 20% 0804 50 28 ---- Mallika kg. 30% 20% 0804 50 29 ---- Other kg. 30% 20% 0804 50 30 --- Mangoes, sliced dried kg. 30% 20% 0804 50 40 --- Mango pulp kg. 30% 20% 0804 50 90 --- Other kg. 30% 20% **0805** **CITRUS** **FRUIT,** **FRESH** **OR** **DRIED** 0805 10 00 - Oranges kg. 30% 30% - _Mandarins_ _(including_ _tangerines_ _and satsumas);_ _clementines,_ _wilkings and_ _similar citrus_ _hybrids:_ 0805 21 00 -- Mandarins (including tangerines and satsumas) kg. 30% 0805 22 00 -- Clementines kg. 30% 0805 29 00 -- Other kg. 30% 0805 40 00 - Grapefruit and pomelos kg. 25% 15% 0805 50 00 - Lemon _(Citrus limon, Citrus limonum)_ and kg. 30% 30% limes _(Citrus aurantifolia, Citrus latifolia)_ 0805 90 00 - Other kg. 30% 20% **0806** **GRAPES,** **FRESH** **OR** **DRIED** 0806 10 00 - Fresh kg. 30% 30% 0806 20 _- Dried :_ 0806 20 10 --- Raisins kg. 100% 95% 0806 20 90 --- Other kg. 100% 95% **0807** **MELONS** **(INCLUDING** **WATERMELONS)** **AND** **PAPAWS** **(PAPAYAS),** **FRESH** - _Melons (including watermelons) :_ 0807 11 00 -- Water melons kg. 30% 20% 0807 19 -- Other: ----- **SECTION-II** **CHAPTER-8** **(1)** **(2)** **(3)** **(4)** **(5)** 0807 19 10 --- Musk melons kg. 30% 20% 0807 19 90 --- Other kg. 30% 20% 0807 20 00 - Papaws _(papayas)_ kg. 30% 20% **0808** **APPLES,** **PEARS** **AND** **QUINCES,** **FRESH** 0808 10 00 - Apples kg. 50% 40% 0808 30 00 - Pears kg. 30% 25% 0808 40 00 - Quinces kg. 30% 25% **0809** 0809 10 00 kg. **APRICOTS,** **CHERRIES,** **PEACHES** **(INCLUDING** **NECTARINES), PLUMS AND SLOES, FRESH** Apricots 30% 20% - Cherries: 0809 21 00 -- Sour cherries (Prunus cerasus) kg. 30% 20% 0809 29 00 -- Other kg. 30% 20% 0809 30 00 - Peaches, including nectarine kg. 30% 20% 0809 40 00 - Plums and sloes kg. 25% 15% **0810** **OTHER FRUIT,** **FRESH** 0810 10 00 - Strawberries kg. 30% 20% 0810 20 00 - Raspberries, blackberries, mulberries and kg. 30% 20% 0810 30 00 loganberries Black, white or red currants and gooseberries kg. 30% 20% 0810 40 00 - Cranberries, bilberries and other fruits of the kg. 30% 20% kg. 0810 50 00 genus Vaccinium Kiwi fruit 30% 20% 0810 60 00 - Durians kg. 30% 20% 0810 70 00 - Persimmons kg. 30% 20% 0810 90 _- Other :_ 0810 90 10 --- Pomegranates kg. 30% 20% 0810 90 20 --- Tamarind, fresh kg. 30% 20% 0810 90 30 --- Sapota _(chico)_ kg. 30% 20% 0810 90 40 --- Custard-apple _(Ata)_ kg. 30% 20% 0810 90 50 --- Bore kg. 30% 20% 0810 90 60 --- Lichi kg. 30% 20% 0810 90 90 --- Other kg. 30% 20% **0811** **FRUIT** **AND** **NUTS,** **UNCOOKED OR** **COOKED BY STEAMING** **OR** **BOILING** **IN** **WATER,** **FROZEN,** **WHETHER** **OR** **NOT** **CONTAINING ADDED SUGAR OR OTHER SWEETENING** **MATTER** 0811 10 _- Strawberries :_ 0811 10 10 --- Containing added sugar kg. 30% 20% 0811 10 20 --- Not containing added sugar kg. 30% 20% 0811 10 90 --- Other kg. 30% 20% ----- **SECTION-II** **CHAPTER-8** **(1)** **(2)** **(3)** **(4)** **(5)** 0811 20 _- Raspberries, blackberries, mulberries,_ _loganberries, black, white or red currants_ _and gooseberries :_ 0811 20 10 --- Containing added sugar kg. 30% 20% 0811 20 20 --- Not containing added sugar kg. 30% 20% 0811 20 90 --- Other kg. 30% 20% 0811 90 _- Other :_ 0811 90 10 --- Containing added sugar kg. 30% 20% 0811 90 90 --- Other kg. 30% 20% **0812** **FRUIT AND NUTS PROVISIONALLY PRESERVED, BUT** **UNSUITABLE** **IN** **THAT** **STATE** **FOR** **IMMEDIATE** **CONSUMPTION** 0812 10 00 - Cherries kg. 30% 20% 0812 90 _- Other :_ 0812 90 10 --- Mango slices in brine kg. 30% 20% 0812 90 90 --- Other kg. 30% 20% **0813** **FRUIT,** **DRIED,** **OTHER** **THAN** **THAT** **OF** **HEADINGS 0801** **TO 0806;** **MIXTURES OF NUTS OR DRIEDFRUITS OF THIS** **CHAPTER** 0813 10 00 - Apricots kg. 30% 20% 0813 20 00 - Prunes kg. 25% 15% 0813 30 00 - Apples kg. 30% 20% 0813 40 _- Other fruit:_ 0813 40 10 --- Tamarind, dried kg. 30% 20% 0813 40 20 --- Singoda whole (water nut) kg. 30% 20% 0813 40 90 --- Other kg. 30% 20% 0813 50 _- Mixtures of nuts or dried fruits of this Chapter:_ 0813 50 10 --- Mixtures of nuts kg. 30% 20% 0813 50 20 --- Mixtures of dried fruits kg. 30% 20% **0814 00 00** **PEEL** **OF** **CITRUS** **FRUIT** **OR** **MELONS** **(INCLUDING** **WATERMELONS),** **FRESH,** **FROZEN,** **DRIED** **OR** **PROVISIONALLY** **PRESERVED** **IN** **BRINE,** **IN** **SULPHUR** **WATER OR IN OTHER PRESERVATIVE SOLUTIONS** kg. 30% 20% ----- **SECTION-II** **CHAPTER-9** **CHAPTER** **9** **_Coffee, tea, mate and spices_** **NOTES** **:** 1. Mixtures of the products of headings 0904 to 0910 are to be classified as follows: (a) mixtures of two or more of the products of the same heading are to be classified in that heading; (b) mixtures of two or more of the products of different headings are to be classified in heading 0910. The addition of other substances to the products of headings 0904 to 0910 [or to the mixtures referred to in paragraph (a) or (b) above] shall not affect their classification provided the resulting mixtures retain the essential character of the goods of those heading. Otherwise such mixtures are not classified in this Chapter; those constituting mixed condiments or mixed seasonings are classified in heading 2103. 2. This Chapter does not cover Cubeb pepper (Piper cubeba) or other products of heading 1211. **SUPPLEMENTARY** **NOTES** **:** (1) Heading 0901 includes coffee in powder form. (2) ―Spice‖ means a group of vegetable products (including seeds, etc.), rich in essential oils and aromatic principles, and which, because of their characteristic taste, are mainly used as condiments. These products may be whole or in crushed or powdered form. (3) The addition of other substances to spices shall not affect their inclusion in spices provided the resulting mixtures retain the essential character of spices and spices also include products commonly known as ―masalas‖. **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard** **Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **0901** **COFFEE, WHETHER** **OR** **NOT** **ROASTED** **OR** **DACAFFEINATED;** **COFFEE HUSKS AND SKINS;** **COFFEE SUBSTITUTES** **CONTAINING COFFEE IN ANY PROPORTION** 100% _Coffee, not roasted :_ _Not decaffeinated :_ _Arabica plantation :_ A Grade kg. 100% B Grade 0901 11 0901 11 11 0901 11 12 _--_ _---_ --- --- less 13 kg. 100% paise per kg. 100% less 13 paise per kg. ----- **SECTION-II** **CHAPTER-9** **(1)** **(2)** **(3)** **(4)** **(5)** 0901 11 13 ---- C Grade kg. 100% 100% less 13 paise per kg. 0901 11 19 ---- Other kg. 100% 100% less 13 paise per kg. _--- Arabica cherry :_ 0901 11 21 ---- AB Grade kg. 100% 100% less 13 paise per kg. 0901 11 22 ---- PB Grade kg. 100% 100% less 13 paise per kg. 0901 11 23 ---- C Grade kg. 100% 100% less 13 paise per kg. 0901 11 24 ---- B/B/B Grade kg. 100% 100% less 13 paise per kg. 0901 11 29 ---- Other kg. 100% 100% less 13 paise per kg. _--- Rob Parchment_ : 0901 11 31 ---- AB Grade kg. 100% 100% less 13 paise per kg. 0901 11 32 ---- PB Grade kg. 100% 100% less 13 paise per kg. 0901 11 33 ---- C Grade kg. 100% 100% less 13 paise per kg. 0901 11 39 ---- Other kg. 100% 100% less 13 paise per kg. _--- Rob cherry :_ 0901 11 41 ---- AB Grade kg. 100% 100% less 13 paise per kg. 0901 11 42 ---- PB Grade kg. 100% 100% less 13 paise per kg. 0901 11 43 ---- C Grade kg. 100% 100% less 13 paise per kg. 0901 11 44 ---- B/B/B Grade kg. 100% 100% less 13 paise per kg. 0901 11 45 ---- Bulk kg. 100% 100% less 13 paise per kg. 0901 11 49 ---- Other kg. 100% 100% less 13 paise per kg. 0901 11 90 --- Other kg. 100% 100% less 13 paise per kg. 0901 12 00 _-- Decaffeinated_ kg. 100% 100% less13 paise per kg. - _Coffee, roasted :_ 0901 21 -- Not decaffeinated _:_ 0901 21 10 --- In bulk packing kg. 100% 100% less 13 paise per kg. ----- **SECTION-II** **CHAPTER-9** **(1)** **(2)** **(3)** **(4)** **(5)** 0901 21 90 0901 22 -- _--_ Other _Decaffeinated_ : kg. 100% 100% less 13 paise per kg. 0901 22 10 --- In bulk packing kg. 100% 100% less 13 0901 22 90 -- Other kg. 100% paise per kg. 100% less 13 paise per kg. 0901 90 - _Other:_ 0901 90 10 --- Coffee husks and skins kg. 100% 100% less 13 0901 90 20 0901 90 90 -- -- Coffee substitutes containing coffee Other 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% paise per kg. 100% less 13 paise per kg. 100% less 13 paise per kg. 100% less 26 paise per kg. 100% less 26 paise per kg. 100% less 26 paise per kg. 100% less 26 paise per kg. 100% less 26 paise per kg. 100% less 26 paise per kg. 100% less 26 paise per kg. 100% less 26 paise per kg. 100% less 26 paise per kg. 100% less 26 paise per kg. 100% less 26 paise per kg. 100% less 26 paise per kg. **0902** **TEA,** **WHETHER** **OR** **NOT** **FLAVOURED** 0902 10 0902 10 10 0902 10 20 0902 10 30 0902 10 90 -- -- -- -- Content exceeding 25 g. but not exceeding 1 kg.kg. Content exceeding 1 kg. but not exceeding 3 kg.kg. Other kg. _Green tea (not fermented) in immediate_ _packings of a content not exceeding 3 kg :_ Content not exceeding 25 g . kg. kg. kg. 0902 20 - _Other green tea (not fermented):_ 0902 20 10 0902 20 20 0902 20 30 0902 20 40 0902 20 90 -- -- -- -- -- Green tea in packets with contents exceeding kg. 3 kg. but not exceeding 20 kg. Green tea in bulk kg. Green tea agglomerated in forms such as ball, kg. brick and tablets Green tea waste kg. Other kg. 0902 30 - _Black tea (fermented) and partly fermented tea, in_ 0902 30 10 0902 30 20 0902 30 30 -- -- -- _immediate packings of a content not exceeding_ _3 kg. :_ Content not exceeding 25 g. kg. Content exceeding 25 g. but not exceeding 1 kg.kg. Content exceeding 1 kg. but not exceeding 3 kg.kg. ----- **SECTION-II** **CHAPTER-9** **(1)** **(2)** **(3)** **(4)** **(5)** 0902 30 90 --- Other kg. 100% 100% less 26 paise per kg. 0902 40 0902 40 10 -- 0902 40 - _Other black tea (fermented) and other partly_ _fermented tea :_ 0902 40 10 --- Content exceeding 3 kg. but not exceeding 20 kg.kg.100% 100% less 26 paise per kg. 0902 40 20 --- Black tea, leaf in bulk kg. 100% 100% less 26 paise per kg. 0902 40 30 --- Black tea, dust in bulk kg. 100% 100% less 26 paise per kg. 0902 40 40 --- Tea bags kg. 100% 100% less 26 paise per kg. 0902 40 50 --- Black tea, agglomerated in forms such as ball, kg. 100% 100% less 26 brick and tablets paise per kg. 0902 40 60 --- Black tea, waste kg. 100% 100% less 26 paise per kg. 0902 40 90 --- Other kg. 100% 100% less 26 paise per kg. **0903 00 00** **MATE** kg. 30% 30% less 26 paise per kg. **0904** **PEPPER** **OF** **THE** **GENUS** **PIPER;** **DRIED** **OR** **CRUSHED** **OR** **GROUNDFRUITS OF THE GENUS CAPSICUM OR OF** **THE** **GENUS** **PIMENTA** - _Pepper :_ 0904 11 _-- Neither crushed nor ground:_ 0904 11 10 --- Pepper, long kg. 30% 62.5% 0904 11 20 --- Light black pepper kg. 70% 62.5% 0904 11 30 --- Black pepper, garbled kg. 70% 62.5% 0904 11 40 --- Black pepper ungarbled kg. 70% 62.5% 0904 11 50 --- Green pepper, dehydrated kg. 70% 62.5% 0904 11 60 --- Pepper pinheads kg. 70% 62.5% 0904 11 70 --- Green pepper, frozen or dried kg. 70% 62.5% 0904 11 80 --- Pepper other than green, frozen kg. 70% 62.5% 0904 11 90 --- Other kg. 70% 62.5% 0904 12 00 -- Crushed or ground kg. 70% 62.5% _- Fruits of the genus Capsicum or of the genus_ _Pimenta:_ 0904 21 -- Dried, neiher crushed nor ground: 0904 21 10 --- Of genus Capsicum kg. 70% 0904 21 20 --- Of genus Pimenta kg. 70% 0904 22 -- Crushed or ground : kg. 70% --- Of genus Capsicum : 0904 22 11 ---- Chilly Power kg. 70% ----- **SECTION-II** **CHAPTER-9** **(1)** **(2)** **(3)** **(4)** **(5)** 0904 22 19 ---- Other kg. 70% --- Of genus Pimenta : 0904 22 21 ---- Powder kg. 70% 0904 22 29 ---- Other kg. 70% **0905** **VANILLA** 0905 10 00 _- Neither crushed nor ground_ kg. 30% 0905 20 00 - Crushed or ground kg. 30% **0906** **CINNAMON** **AND** **CINNAMON-TREE** **FLOWERS** _- Neither crushed nor ground:_ 0906 11 -- Cinnamon (Cinnamomum Zeylanicum Blume) 0906 11 10 --- Cinnamon bark kg. 30% 22.5% 0906 11 20 --- Cinnamon tree flowers kg. 30% 22.5% 0906 11 90 --- Other kg. 30% 22.5% 0906 19 -- Other: 0906 19 10 - cassia kg. 30% 22.5% 0906 19 90 - other kg. 30% 22.5% 0906 20 00 - Crushed or ground kg. 30% 22.5% **0907** **CLOVES** **(WHOLE** **FRUIT,** **CLOVES** **AND** **STEMS)** 0907 10 - Neither crushed nor ground : 0907 10 10 --- Extracted kg. 35% 62.5% 0907 10 20 --- Not Extracted (other than stem) kg. 35% 62.5% 0907 10 30 --- Stem kg. 35% 62.5% 0907 10 90 --- Other kg. 35% 62.5% 0907 20 00 - Crushed or ground kg. 35% 62.5% **0908** **NUTMEG,** **MACE** **AND** **CARDAMOMS** _- Nutmeg :_ 0908 11 -- Neither crushed nor ground : 0908 11 10 --- In shell kg. 30% 22.5% 0908 11 20 --- Shelled kg. 30% 22.5% 0908 12 00 _--_ Crushed or ground kg. 30% 22.5% - Mace : 0908 21 00 -- Neither crushed nor ground kg. 30% 0908 22 00 -- Crushed or ground kg. 30% - Cardamoms : 0908 31 -- Neither crushed nor ground : 0908 31 10 --- Large (amonum) kg. 70% 62.5% 0908 31 20 --- Small (ellettaria), alleppey green kg. 70% 62.5% 0908 31 30 --- Small, coorge green kg. 70% 62.5% ----- **SECTION-II** **CHAPTER-9** **(1)** **(2)** **(3)** **(4)** **(5)** 0908 31 40 --- Small, bleached, half bleached or bleachable kg. 70% 62.5% 0908 31 50 --- Small, mixed kg. 70% 62.5% 0908 31 90 --- Other kg. 70% 62.5% 0908 32 -- Crushed or ground : 0908 32 10 --- Powder kg. 70% 62.5% 0908 32 20 --- Small cardamom seeds kg. 70% 62.5% 0908 32 30 --- Cardamom husk 0908 32 90 --- Other kg. 70% 62.5% **0909** **SEEDS** **OF** **ANISE,** **BADIAN,** **FENNEL,** **CORIANDER,** **CUMIN OR CARAWAY; JUNIPER BERRIES** Seeds of coriander : 0909 21 _-- Neither crushed nor ground :_ 0909 21 10 --- Of seed quality kg. 30% 0909 21 90 --- Other kg. 30% 0909 22 00 - _-_ Crushed or ground _Seeds of cumin :_ kg. 30% 0909 31 -- Neither crushed nor ground : --- Cumin, black : 0909 31 11 _----_ Of seed quality kg. 30% 0909 31 19 --- -- Other Cumin, other than black : kg. 30% 0909 31 21 _----_ Of seed quality kg. 30% 0909 31 29 _----_ Other kg. 30% 0909 32 00 -- Crushed or ground kg. 30% - _Seeds of anise, badian, caraway or fennel;_ _juniper berries :_ 0909 61 -- _Neither crushed nor ground :_ --- Seeds of anise : 0909 61 11 _----_ Of seed quality kg. 30% 0909 61 19 0909 61 21 --- -- --- Other Seeds of badian : Of seed quality Other _Seeds of caraway or fennel :_ kg. kg. 30% 30% 0909 61 29 _----_ _---_ kg. 30% 0909 61 31 ---- Of seed quality kg. 30% 0909 61 39 --- _---_ Other _Juniper berries :_ kg. 30% 0909 61 41 ---- Of seed quality kg. 30% 0909 61 49 ---- Other kg. 30% 0909 62 -- _Crushed or ground :_ 0909 62 10 --- Anise kg. 30% 0909 62 20 --- Badian kg. 30% 0909 62 30 --- Caraway or fennel kg. 30% ----- **SECTION-II** **CHAPTER-9** **(1)** **(2)** **(3)** **(4)** **(5)** 0909 62 40 --- Juniper berries kg. 30% **0910** **GINGER,** **SAFFRON,** **TURMERIC** **(CURCUMA),** **THYME,** **BAY LEAVES, CURRY AND OTHER SPICES** **- GINGER:** 0910 11 -- Neither crushed nor ground: 0910 11 10 --- Fresh Kg. 30% 0910 11 20 --- Dried, unbleached kg. 30% 0910 11 30 --- Dried, bleached kg. 30% 0910 11 90 --- Other kg. 30% 0910 12 -- _Crushed or ground:_ 0910 12 10 --- Powder kg. 30% 0910 12 90 --- Other kg. 30% 0910 20 - _Saffron :_ 0910 20 10 --- Saffron stigma kg. 30% 0910 20 20 --- Saffron stamen kg. 30% 0910 20 90 --- Other kg. 30% 0910 30 _- Turmeric (Curcuma):_ 0910 30 10 --- Fresh kg. 30% 0910 30 20 --- Dried kg. 30% 0910 30 30 --- Powder kg. 30% 0910 30 90 --- Other kg. 30% _- Other spices :_ 0910 91 00 -- Mixtures referred to in Note 1(b) to this Chapter kg. 30% 0910 99 -- Other : _--- Seed :_ 0910 99 11 ---- Celery kg. 30% 0910 99 12 ---- Fenugreek kg. 30% 0910 99 13 ---- Dill kg. 30% 0910 99 14 ---- Ajwain kg. 30% 0910 99 15 ---- Cassia torea kg. 30% 0910 99 19 ---- Other kg. 30% _--- Powder :_ 0910 99 21 ---- Cassia kg. 30% 0910 99 23 ---- Celery kg. 30% 0910 99 24 ---- Fenugreek kg. 30% 0910 99 25 ---- Dill kg. 30% 0910 99 26 ---- Poppy kg. 30% 0910 99 27 ---- Mustard kg. 30% 0910 99 29 ---- Other kg. 30% 0910 99 30 --- Husk kg. 30% 0910 99 90 --- Other kg. 30% ----- **SECTION-II** **CHAPTER-10** **CHAPTER** **10** **_Cereals_** **NOTES** **:** 1. (a) The products specified in the headings of this Chapter are to be classified in those headings onlyif grains are present, whether or not in the ear or on the stalk. (b) This Chapter does not cover grains which have been hulled or otherwise worked. However, rice, husked, milled, polished, glazed, parboiled or broken remains classified in heading 1006. Similarly, quinoa from which the pericarp has been wholly or partly removed in order to separate thesaponin, but which has not undergone any other processes, remains classified in heading 1008. 2. Heading 1005 does not cover sweet corn (Chapter 7). **SUB-HEADING** **NOTE** **:** The term ―Durum wheat‖ means wheat of the Triticum durum species and the hybrids derived from the inter-specific crossing of Triticum durum which have the same number (28) of chromosomes as that species. **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard** **ential** **Areas** **Prefer-** **(1)** **(2)** **(3)** **(4)** **(5)** **1001** **WHEAT** **AND** **MESLIN** - Durum wheat : 1001 11 00 - - Seed kg. 100% 1001 19 00 - - Other kg. 40% - Other : 1001 91 00 - - Seed kg. 100% 1001 99 - - Other: 1001 99 10 - - - Wheat kg. 40% 1001 99 20 - - - Meslin kg. 100% **1002** **RYE** 1002 10 00 - Seed kg. Free 1002 90 00 - Other kg. Free **1003** **BARLEY** 1003 10 00 - Seed kg. Free 1003 90 00 - Other kg. Free **1004** **OATS** 1004 10 00 - Seed kg. Free 1004 90 00 - Other kg. Free ----- **SECTION-II** **CHAPTER-10** **(1)** **(2)** **(3)** **(4)** **(5)** **1005** **MAIZE** **(CORN)** 1005 10 00 - Seed kg. 50% 1005 90 - Other: --- Dent corn (Zea mays var. indenta): 1005 90 11 ---- Yellow kg. 50% 1005 90 19 ---- Other kg. 50% 1005 90 20 --- Flint corn (Zea mays var. indurata) kg. 50% 1005 90 30 --- Pop corn (Zea mays var. everta) kg. 50% 1005 90 90 --- Other kg. 50% **1006** **RICE** 1006 10 _- Rice in the husk (paddy or rough):_ 1006 10 10 --- Of seed quality kg. 80% 1006 10 90 --- Other kg. 80% 1006 20 00 - Husked _(brown)_ rice kg. 80% 1006 30 _- Semi-milled or wholly-milled rice, whether_ _or not polished or glazed :_ 1006 30 10 --- Rice, parboiled kg. 70% 1006 30 20 --- Basmati rice kg. 70% 1006 30 90 --- Other kg. 70% 1006 40 00 - Broken rice kg. 80% **1007** **GRAIN** **SORGHUM** 1007 10 00 **-** Seed kg. 50% 1007 90 00 - Other kg. 50% **1008** **BUCKWHEAT** **MILLET** **AND** **CANARY** **SEEDS;** **OTHER CEREALS** 1008 10 _- Buckwheat_ _:_ 1008 10 10 --- Of seed quality kg. Free 1008 10 90 --- Other kg. Free - _Millet_ 1008 21 -- Seed: 1008 21 10 - - - Jawar kg. 50% 1008 21 20 - - - Bajra kg. 50% 1008 21 30 - - - Ragi kg. 50% 1008 21 40 - - - Barnyard (Echinochloa esculenta (L.)) kg. 50% 1008 21 50 - - - Proso (Panicum miliaceum (L.)) kg. 50% 1008 21 60 - - - Foxtail (Setaria italica (L.)) kg. 50% 1008 21 70 - - - Kodo (Paspalum scrobiculatum (L.)) kg. 50% 1008 21 80 - - - Little (Panicum sumatrense (L.)) kg. 50% - - - _Other :_ 1008 21 91 - - - - Amaranth (Amaranthus (L.)) kg. 50% 1008 21 99 - - - - Other kg. 50% 1008 29 - - _Other :_ 1008 29 10 - - - Jawar kg. 50% 1008 29 20 - - - Bajra kg. 50% ----- **SECTION-II** **CHAPTER-10** 1008 29 50 - - - Proso (Panicum miliaceum (L.)) kg. 50% 1008 29 60 - - - Foxtail (Setaria italica (L.)) kg. 50% 1008 29 70 - - - Kodo (Paspalum scrobiculatum (L.)) kg. 50% 1008 29 80 - - - Little (Panicum sumatrense (L.)) kg. 50% - - - _Other :_ 1008 29 91 - - - - Amaranth (Amaranthus (L.)) kg. 50% 1008 29 99 - - - - Other kg. 50% 1008 30 - _Canary seeds :_ 1008 30 10 - - - of seed quality kg. Free 1008 30 90 - - - other kg. Free 1008 40 00 - Fonio (Digitaria spp.) kg. Free 1008 50 00 - Quinoa (Chenopodium quinoa) kg. Free 1008 60 00 - Triticale kg. Free 1008 90 - other cereals: 1008 90 10 - - - of seed quality kg. Free 1008 90 90 - - - other kg. Free ----- **SECTION-II** **CHAPTER-11** **CHAPTER** **11** **_Products of the milling industry; malt; starches; inulin; wheat gluten_** **Notes:** 1. This Chapter does not cover : (a) roasted malt put up as coffee substitutes (heading 0901 or 2101); (b) prepared flours, groats, meals or starches of heading 1901; (c) corn flakes or other products of heading 1904; (d) vegetables, prepared or preserved, of heading 2001, 2004 or 2005; (e) pharmaceutical products (Chapter 30); or (f) starches having the character of perfumery, cosmetic or toilet preparations (Chapter 33). 2. (A) Products from the milling of the cereals listed in the table below fall in this Chapter if they have, by weight on the dry product : (a) a starch content (determined by the modified Ewers polarimetric method) exceeding that indicated in column (2); and (b) an ash content (after deduction of any added minerals) not exceeding that indicated in column (3). Otherwise, they fall in heading 2302. However, germ of cereals, whole, rolled, flaked or ground, is always classified in heading 1104. (B) Products falling in this Chapter under the above provisions shall be classified in heading 1101 or 1102 if the percentage passing through a woven metal wire cloth sieve with the aperture indicated in column (4) or (5) is not less, by weight, than that shown against the cereal concerned. Otherwise, they fall in heading 1103 or 1104. **Cereal** **Starch** **Ash** **Rate of passage through a sieve with an** **content** **content** **aperture of** **315** **500** **micrometres** **micrometres** **(microns)** **(microns)** **(1)** **(2)** **(3)** **(4)** **(5)** Wheat and rye 45% 2.5% 80% Barley 45% 3% 80% Oats 45% 5% 80% Maize (corn) and 45% 2% - 90% Rice 45% 1.6% 80% Buckwheat 45% 4% 80% 3. For the purposes of heading 1103, the terms ―groats‖ and ―meal‖ mean products obtained by the fragmentation of cereal grains, of which : (a) in the case of maize (corn) products, at least 95% by weight passes through a woven metal wire cloth sieve with an aperture of 2 mm; (b) in the case of other cereal products, at least 95% by weight passes through a woven metal wire cloth sieve with an aperture of 1.25 mm. ----- **SECTION-II** **CHAPTER-11** **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard** **ential** **Areas** **Prefer-** **(1)** **(2)** **(3)** **(4)** **(5)** **1101 00 00** **WHEAT** **OR** **MESLIN** **FLOUR** kg. 30% **1102** **CEREAL** **FLOURS** **OTHER** **THAN** **THAT** **OF** **WHEAT** **OR** **MESLIN** 1102 20 00 - Maize (corn) flour kg. 30% 1102 90 - Other : 1102 90 10 - - - Rye flour kg. 30% --- Rice flour: 1102 90 21 ---- Brown rice flour kg. 30% 1102 90 22 ---- White rice flour kg. 30% 1102 90 29 ---- Other kg. 30% 1102 90 90 --- Other kg. 30% **1103** **CEREAL** **GROATS,** **MEAL** **AND** **PELLETS** - _Groats and meal :_ 1103 11 _--_ _Of wheat :_ 1103 11 10 --- Groat kg. 30% 1103 11 20 --- Meal kg. 30% 1103 13 00 -- Of maize (corn) kg. 30% 1103 19 00 -- Of other cereals kg. 30% 1103 20 00 - Pellets kg. 30% **1104** **CEREAL** **GRAINS** **OTHERWISE** **WORKED** **(FOR** **EXAMPLE, HULLED, ROLLED, FLAKED, PEARLED,** **SLICED,** **OR KIBBLED),** **EXCEPT RICE OF HEADING** **1006; GERM OF CEREALS, WHOLE, ROLLED,** **FLAKED OR GROUND** - _Rolled or flaked grains :_ 1104 12 00 -- Of oats kg. 30% 1104 19 00 - _-_ Of other cereals _Other worked grains (for example, hulled,_ _pearled, sliced or kibbled) :_ kg. 30% 1104 22 00 -- Of oats kg. 15% 1104 23 00 -- Of maize (corn) kg. 30% 1104 29 00 -- Of other cereals kg. 30% 1104 30 00 - Germ of cereals, whole, rolled, flaked or ground kg. 30% **1105** **FLOUR,** **MEAL,** **POWDER,** **FLAKES,** **GRANULES** **AND** ----- **SECTION-II** **CHAPTER-11** **(1)** **(2)** **(3)** **(4)** **(5)** **PELLETS OF POTATOES** 1105 10 00 - Flour, meal and powder kg. 30% 1105 20 00 - Flakes, granules and pellets kg. 30% **1106** **FLOUR, MEAL AND POWDER OF THE DRIED LEGUMINOUS** **VEGETABLES OF HEADING 0713, OF SAGO OR OF ROOTS OR** **TUBERS** **OF** **HEADING** **0714** **OR** **OF** **THE** **PRODUCTS** **OF** **CHAPTER** **8** 1106 10 - Of the dried leguminous vegetables of heading 0713 1106 10 10 --- Guar Meal kg. 30% 1106 10 90 --- Others kg. 30% 1106 20 - _Of sago or of roots or tubers of heading 0714:_ 1106 20 10 --- Of sago kg. 30% 1106 20 20 --- Of manioc (cassava) kg. 30% 1106 20 90 --- Of other roots and tubers kg. 30% 1106 30 _- Of the products of Chapter 8 :_ 1106 30 10 --- Of tamarind kg. 30% 1106 30 20 --- Of singoda kg. 30% 1106 30 30 --- Mango flour kg. 30% 1106 30 90 --- Other kg. 30% **1107** **MALT,** **WHETHER** **OR** **NOT** **ROASTED** 1107 10 00 - Not roasted kg. 30% 1107 20 00 - Roasted kg. 30% **1108** **STARCHES;** **INULIN** - _Starches :_ 1108 11 00 -- Wheat starch kg. 30% 1108 12 00 -- Maize (corn) starch kg. 30% 1108 13 00 -- Potato starch kg. 30% 1108 14 00 -- Manioc (cassava) starch kg. 50% 1108 19 -- Other : 1108 19 10 --- Sago kg. 50% 1108 19 90 --- Other kg. 50% 1108 20 00 - Inulin kg. 30% **1109 00 00** **WHEAT** **GLUTEN,** **WHETHER** **OR** **NOT** **DRIED** kg. 30% ----- **SECTION-II** **CHAPTER-12** **CHAPTER** **12** **_Oil seeds and oleaginous fruits, miscellaneous grains,_** **_seeds and fruit; industrial or medicinal plants; straw and fodder_** **NOTES** **:** 1. Heading 1207 applies, inter alia, to palm nuts and kernels, cotton seeds, castor oil seeds, sesamum seeds, mustard seeds, safflower seeds, poppy seeds and shea nuts (karite nuts). It does not apply to products of heading 0801 or 0802 or to olives (Chapter 7 or Chapter 20). 2. Heading 1208 applies not only to non-defatted flours and meals but also to flours and meals which have been partially defatted or defatted and wholly or partially refatted with their original oils. It does not, however, apply to residues of headings 2304 to 2306. 3. For the purposes of heading 1209, beet seeds, grass and other herbage seeds, seeds of ornamental flowers, vegetable seeds, seeds of forest trees, seeds of fruit trees, seeds of vetches (other than those of the species Vicia faba) or of lupines are to be regarded as ―seeds of a kind used for sowing‖. Heading 1209 does not, however, apply to the following even if for sowing : (a) leguminous vegetables or sweet corn (Chapter 7); (b) spices or other products of Chapter 9; (c) cereals (Chapter 10); or (d) products of headings 1201 to 1207 or 1211. 4. Heading 1211 applies, inter alia, to the following plants or parts thereof: basil, borage, ginseng, hyssop, liquorice, all species of mint, rosemary, rue, sage and wormwood. Heading 1211 does not, however, apply to : (a) medicaments of Chapter 30; (b) perfumery, cosmetic or toilet preparations of Chapter 33; or (c) insecticides, fungicides, herbicides, disinfectants or similar products of heading 3808. 5. For the purposes of heading 1212, the term ―seaweeds and other algae‖ does not include : (a) dead single-cell micro-organisms of heading 2102; (b) cultures of micro-organisms of heading 3002; or (c) fertilizers of heading 3101 or 3105. **SUB-HEADING** **NOTE** **:** For the purposes of sub-heading 1205 10, the expression ―low erucic acid rape or colza seeds‖ means rape or colza seeds yielding a fixed oil which has an erucic acid content of less than 2% by weight and yielding a solid component which contains less than 30 micromoles of glucosinolates per gram. ----- **SECTION-II** **CHAPTER-12** **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard** **ential** **Areas** **Prefer-** **(1)** **(2)** **(3)** **(4)** **(5)** **1201** **SOYA** **BEANS,** **WHETHER** **OR** **NOT** **BROKEN** 1201 10 00 - Seed kg. 45% 20% 1201 90 00 - Other kg. 45% 20% **1202** **GROUND-NUTS,** **NOT ROASTED OR OTHERWISE** **COOKED,** **WHETHER** **OR** **NOT** **SHELLED** **OR BROKEN** 1202 30 - Seed: 1202 30 10 - - - H. P. S. kg. 30% 20% 1202 30 90 1202 41 - - - Other Other: In shell: kg. 30% 20% 1202 41 10 - - - H.P.S. kg. 30% 20% 1202 41 90 - -- Other kg. 30% 20% 1202 42 - - Shelled, whether or not broken: 1202 42 10 - - - Kernels, H.P.S. kg. 30% 20% 1202 42 20 - - - Kernels,other kg. 30% 20% 1202 42 90 - - - Other kg. 30% 20% **1203 00 00** **COPRA** kg. 70% 60% **1204** **LINSEED,** **WHETHER** **OR** **NOT** **BROKEN** 1204 00 - _Linseed, whether or not broken:_ 1204 00 10 --- Of seed quality kg. 30% 20% 1204 00 90 --- Other kg. 30% 20% **1205** **RAPE** **OR** **COLZA** **SEEDS,** **WHETHER** **OR** **NOT** **BROKEN** 1205 10 00 - Low erucic acid rape or colza seeds kg. 30% 20% 1205 90 00 - Other kg. 30% 20% **1206** **SUNFLOWER** **SEEDS,** **WHETHER** **OR** **NOT** **BROKEN** 1206 00 - _Sunflower seeds, whether or not broken:_ 1206 00 10 --- Of seed quality kg. 30% 20% 1206 00 90 --- Other kg. 30% 20% **1207** **OTHER** **OIL** **SEEDS** **AND** **OLEAGINOUS** **FRUITS,** **WHETHER OR NOT BROKEN** 1207 10 - Palm nuts and kernels: 1207 10 10 - - - Palm nuts kg. 30% 20% ----- **SECTION-II** **CHAPTER-12** **(1)** **(2)** **(3)** **(4)** **(5)** kg. kg. 1207 10 90 1207 21 00 - - - Palm kernels Cotton seeds : Seed 30% 30% 20% 20% 1207 29 00 -- Other kg. 30% 20% 1207 30 - Castor oil seeds: 1207 30 10 - - - Of seed quality kg. 30% 20% 1207 30 90 - -- Other kg. 30% 20% 1207 40 - Sesamum seeds: 1207 40 10 - - - Of seed quality kg. 30% 20% 1207 40 90 - -- Other kg. 30% 20% 1207 50 - Mustard seeds: 1207 50 10 - - - Of seed quality kg. 30% 20% 1207 50 90 - -- Other kg. 30% 20% 1207 60 - Safflower (Carthamus tinctorius) seeds: 1207 60 10 - - - Of seed quality kg. 30% 20% 1207 60 90 - -- Other kg. 30% 20% 1207 70 - Melon seeds: 1207 70 10 - - - Of seed quality kg. 30% 20% 1207 70 90 1207 91 00 - - - Other _Other :_ Poppy seeds kg. kg. 30% 20% 20% 60% 1207 99 -- Other : 1207 99 10 --- Ajams kg. 30% 20% 1207 99 20 --- Mango kernel kg. 30% 20% 1207 99 30 --- Niger seed kg. 30% 20% 1207 99 40 --- Kokam kg. 30% 20% 1207 99 90 --- Other kg. 30% 20% **1208** **FLOURS AND** **MEALS** **OF** **OIL** **SEEDS** **OR OLEAGINOUS** **FRUITS,** **OTHER** **THAN** **THOSE** **OF MUSTARD** 1208 10 00 - Of soya beans kg. 30% 1208 90 00 - Other kg. 30% **1209** **SEEDS,** **FRUIT** **AND** **SPORES,** **OF** **A** **KIND** **USED** **FOR** **SOWING** 1209 10 00 1209 21 00 - Sugar beet seeds Seeds of forage plants : Lucerne (alfalfa) seeds kg. kg. 30% 30% 1209 22 00 - - Clover ( Trifolium spp. ) seeds kg. 30% 1209 23 00 - - Fescue seeds kg. 30% 1209 24 00 - - Kentucky blue grass ( Poa pratensis L. ) seeds kg. 30% 1209 25 00 - - Rye grass ( Lolium multiflorum Lam., Lolium perenne L .) seeds kg. 30% ----- **SECTION-II** **CHAPTER-12** **(1)** **(2)** **(3)** **(4)** **(5)** 1209 29 -- Other : 1209 29 10 --- Australian lupin seeds kg. 30% 1209 29 90 --- Other kg. 30% 1209 30 00 - Seeds of herbaceous plants cultivated kg. 30% principally for their flowers - _Other :_ 1209 91 _-- Vegetable seeds :_ 1209 91 10 --- Of Cabbage kg. 5% 1209 91 20 --- Of Cauliflower kg. 5% 1209 91 30 --- Of Onion kg. 5% 1209 91 40 --- Of Pea kg. 5% 1209 91 50 --- Of Radish kg. 5% 1209 91 60 --- Of Tomato kg. 5% 1209 91 70 --- Of chilly of genus Capsicum kg. 5% 1209 91 90 --- Other kg. 5% 1209 99 -- Other : 1209 99 10 --- Fruit seeds for planting or sowing kg. 5% 1209 99 90 --- Other kg. 5% **1210** **HOP CONES,** **FRESH** **OR** **DRIED,** **WHETHER** **OR** **NOT** **GROUND,** **POWDERED** **OR** **IN** **THE** **FORM** **OF PELLETS;** **LUPULIN** 1210 10 00 - Hop cones, neither ground nor powdered nor kg. 30% in the form of pellets 1210 20 00 - Hop cones, ground, powdered or in the form kg. 30% of pellets; lupulin **1211** **PLANTS AND PARTS OF PLANTS(INCLUDING SEEDS AND** **FRUITS), OF A KIND USED PRIMARILY IN PERFUMERY, IN** **PHARMACY** **OR** **FOR** **INSECTICIDAL,** **FUNGICIDAL** **OR** **SIMILAR PURPOSE, FRESH, CHILLED, FROZEN OR DRIED,** **WHETHER OR NOT CUT, CRUSHED OR POWDERED** 1211 20 00 - Ginseng roots kg. 30% 1211 30 00 - Coca leaf kg. 30% 1211 40 00 - Poppy straw kg. 30% 1211 50 00 - Ephedra kg. 30% 1211 60 00 - Bark of African cherry (Prunus africana) kg. 30% 1211 90 - _Other :_ --- _Seeds, Kernel, Aril, Fruit, Pericarp, Fruit rind,_ _Endosperm, Mesocarp, Endocarp :_ 1211 90 11 ---- Ambrette seeds kg. 30% 1211 90 12 ---- Nuxvomica, dried ripe seeds kg. 30% 1211 90 13 ---- Psyllium seed (isobgul) kg. 30% 1211 90 14 ---- Neem seed kg. 30% ----- **SECTION-II** **CHAPTER-12** **(1)** **(2)** **(3)** **(4)** **(5)** 1211 90 15 ---- Jojoba seed kg. 30% 1211 90 16 ---- Garcinia kg. 30% 1211 90 19 ---- Other kg. 30% --- _Leaves, Leaf bud, Galls, flowers, Inflorescence,_ _Spadix, Flower bud, Style and Stigma, Stamen_ _and pods :_ 1211 90 21 ---- Belladona leaves kg. 30% 1211 90 22 ---- Senna leaves and pods kg. 30% 1211 90 23 ---- Neem leaves kg. 30% 1211 90 24 ---- Gymnema kg. 30% 1211 90 25 ---- Cubeb kg. 30% 1211 90 26 ---- Pyrethrum kg. 30% 1211 90 29 1211 90 31 --- -- --- Other _Bark, husk and rind :_ Cascara sagrada bark kg. kg. 30% 30% 1211 90 32 ---- Psyllium husk (isobgul husk) kg. 30% 1211 90 33 ---- Gamboge fruit rind kg. 30% 1211 90 34 ---- Ashoka (Saraca asoca.) kg. 30% 1211 90 35 ---- Arjuna (Terminalia arjuna) kg. 30% 1211 90 39 ---- Other kg. 30% --- _Roots, Root stalk, Bulb, Corn, Tuber, Stolon and_ _rhizome:_ 1211 90 41 ---- Belladona roots kg. 30% 1211 90 42 ---- Galangal rhizomes and roots kg. 30% 1211 90 43 ---- Ipecac dried rhizome and roots kg. 30% 1211 90 44 ---- Serpentina roots (rowwalfia serpentina and kg. 30% _other species of rowwalfias)_ 1211 90 45 ---- Zedovary roots kg. 30% 1211 90 46 ---- Kuth root kg. 30% 1211 90 47 ---- Sarasaparilla roots kg. 30% 1211 90 48 ---- Sweet flag rhizomes kg. 30% 1211 90 45 --- 1211 90 49 ---- Other kg. 30% --- _Whole Plant, Aerial Part, Stem, Shoot and Wood :_ 1211 90 51 ---- Sandalwood chips and dust kg. 30% 1211 90 52 ---- Vinca rosea herbs kg. 30% 1211 90 53 ---- Mint kg. 30% 1211 90 54 ---- Agarwood kg. 30% 1211 90 55 ---- Chirata kg. 30% 1211 90 56 ---- Basil, hyssop, rosemary, sage and savory kg. 30% 1211 90 57 ---- Ashwagandha (Withania somnifera) kg. 30% 1211 90 58 ---- Giloy (Tinospora cordifolia) kg. 30% 1211 90 59 --- Other kg. 30% 1211 90 90 --- Other kg. 30% **1212** **LOCUST BEANS, SEAWEEDS AND OTHER ALGAE, SUGAR** **BEET AND SUGARCANE, FRESH, CHILLED, FROZEN OR** **DRIED, WHETHER OR NOT GROUND; FRUIT STONES** **AND KERNELS AND OTHER VEGETABLE PRODUCTS** **(INCLUDING UNROASTED CHICORY ROOTS OF THE** **VARIETY CICHORIUM INTYBUS SATIVUM) OF A KIND** ----- **SECTION-II** **CHAPTER-12** **(1)** **(2)** **(3)** **(4)** **(5)** _Other :_ _Fit for human consumption:_ kg. 1212 21 - 30% 1212 21 10 --- Seaweeds kg. 30% 1212 21 90 --- Other algae kg. 30% 1212 29 -- _Other:_ kg. 30% 1212 29 10 --- Seaweeds kg. 30% 1212 29 90 --- Other algae kg. 30% 1212 91 00 -- Sugar beet kg. 30% 1212 92 00 - - Locust beans (carob) kg. 30% 1212 93 00 - - Sugar cane kg. 30% 1212 94 00 - - Chicory roots kg. 30% 1212 99 -- Other: 1212 99 10 --- Kokam (cocum) flowers kg. 30% 1212 99 20 --- Mohua flowers kg. 30% 1212 99 90 --- Other kg. 30% **1213 00 00** **CEREAL** **STRAW** **AND** **HUSKS, UNPREPARED,** **WHETHER** **OR** **NOT** **CHOPPED,** **GROUND,** **PRESSED** **OR IN THE FORM OF PELLETS** **1214** **SWEDES, MANGOLDS, FODDER ROOTS, HAY,** **LUCERNE (alfalfa), CLOVER, SAINFOIN, FORAGE** **KALE, LUPINES, VETCHES AND SIMILAR FORAGE** **PRODUCTS,** **WHETHER OR NOT IN THE FORM OF** **PELLETS** kg. 30% 1214 10 00 - Lucerne (alfalfa) meal and pellets kg. 30% 1214 90 00 - Other kg. 30% ----- **SECTION-II** **CHAPTER-13** **CHAPTER** **13** **_Lac; gums, resins and other vegetable saps and extracts_** **NOTE** **:** 1.- Heading 1302 applies, inter alia, to liquorice extract and extract of pyrethrum, extract of hops, extractof aloes and opium. The heading does not apply to: (a) liquorice extract containing more than 10% by weight of sucrose or put up as confectionery (heading 1704); (b) malt extract (heading 1901); (c) extracts of coffee, tea or mate (heading 2101); (d) vegetable saps or extracts constituting alcoholic beverages (Chapter 22); (e) camphor, glycyrrhizin or other products of heading 2914 or 2938; (f) concentrates of poppy straw containing not less than 50% by weight of alkaloids (heading 2939); (g) medicaments of heading 3003 or 3004 or blood - grouping reagents (heading 3822); (h) tanning or dyeing extracts (heading 3201 or 3203); (i) essential oils, concretes, absolutes, resinoids, extracted oleoresins, aqueous distillates or aqueous solutions of essential oils or preparations based on odoriferous substances of a kind used for the manufacture of beverages (Chapter 33); or (j) natural rubber, balata, gutta-percha, guayule, chicle or similar natural gums (heading 4001). **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard** **Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **1301** **LAC;** **NATURAL** **GUMS,** **RESINS,** **GUM-RESINS** **AND OLEORESINS** **(FOR EXAMPLE, BALSAMS)** 1301 20 00 - Gum Arabic kg. 30% 20% 1301 90 - _Other :_ --- _Natural gums :_ 1301 90 11 ---- Asian gum kg. 30% 1301 90 12 ---- African gum kg. 30% 1301 90 13 ---- Asafoetida kg. 5% 1301 90 14 ---- Benjamin ras kg. 30% 1301 90 15 ---- Benjamin cowrie kg. 30% 1301 90 16 ---- Karaya gum (Indian tragacanth) hastab kg. 30% 1301 90 17 ---- Tragacanth (adraganth) kg. 30% 1301 90 18 ---- Storax kg. 30% ----- **SECTION-II** **CHAPTER-13** **(1)** **(2)** **(3)** **(4)** **(5)** kg. kg. 1301 90 19 1301 90 21 --- -- --- Other _Resins :_ Copal 30% 30% 1301 90 22 ---- Dammar batu kg. 30% 1301 90 29 1301 90 31 --- -- --- Other _Gum resins :_ Myrrh kg. kg. 30% 30% 1301 90 32 ---- Oilbanum or frankincense kg. 30% 1301 90 33 ---- Mastic gum kg. 30% 1301 90 34 ---- Xanthium gum kg. 30% 1301 90 39 1301 90 41 --- -- --- Other _Oleoresins :_ Of seeds kg. kg. 30% 30% 1301 90 42 ---- Of fruits kg. 30% 1301 90 43 ---- Of leaves kg. 30% 1301 90 44 ---- Of spices kg. 30% 1301 90 45 ---- Of flowers kg. 30% 1301 90 46 ---- Of roots kg. 30% 1301 90 49 1301 90 99 --- -- --- Other Other Other kg. kg. 30% 30% **1302** **VEGETABLE SAPS AND EXTRACTS; PECTIC** **SUBSTANCES, PECTINATES AND PECTATES;** **AGAR-AGAR AND OTHER MUCILAGES AND** **THICKENERS,** **WHETHER** **OR** **NOT** **MODIFIED,** **DERIVED FROM VEGETABLE PRODUCTS** - _Vegetable saps and extracts :_ 1302 11 00 -- Opium kg. 30% 1302 12 00 -- Of liquorice kg. 30% 1302 13 00 -- Of hops kg. 30% 1302 14 00 -- Of ephedra kg. 30% 1302 19 1302 19 11 - -- --- _Other :_ _Extracts :_ Of belladona kg. 30% 1302 19 12 ---- Of cascara sagrada kg. 30% 1302 19 13 ---- Of nuxvomica kg. 30% 1302 19 14 ---- Of ginseng (including powder) kg. 30% 1302 19 15 ---- Of agarose kg. 30% 1302 19 16 ---- Of neem kg. 30% 1302 19 17 ---- Of gymnema kg. 30% 1302 19 18 ---- Of garcinia and gamboge kg. 30% 1302 19 19 ---- Other kg. 30% 1302 19 20 --- Cashew shell liquid (CNSL), crude kg. 30% 1302 19 30 --- Purified and distilled CNSL (Cardanol) kg. 30% ----- **SECTION-II** **CHAPTER-13** **(1)** **(2)** **(3)** **(4)** **(5)** 1302 19 90 --- Other kg. 30% 1302 20 00 - Pectic substances, pectinates and pectates kg. 30% - _Mucilages and thickeners, whether or not_ _modified, derived from vegetable products :_ 1302 31 00 -- Agar-agar kg. 30% 1302 32 -- Mucilages and thickeners, whether or not _modified, derived from locust beans, locust_ _bean seeds or guar seeds:_ --- _Guargum :_ 1302 32 31 ---- Chemically treated kg. 30% 1302 32 39 ---- Other kg. 30% 1302 32 90 --- Other kg. 30% 1302 39 1302 39 10 1302 39 20 1302 39 90 - ------ _Other :_ Tamarind Kernel Powder Kappa carrageenan Other kg. kg. kg. 30% 30% 30% ----- **SECTION-II** **CHAPTER-14** **CHAPTER** **14** **_Vegetable plaiting materials; vegetable products not elsewhere specified or included_** **NOTES** **:** 1. This Chapter does not cover the following products which are to be classified in Section XI : vegetable materials or fibres of vegetable materials of a kind used primarily in the manufacture of textiles, however prepared, or other vegetable materials which have undergone treatment so as to render them suitable for use only as textile materials. 2. Heading 1401 applies, inter alia, to bamboos (whether or not split, sawn lengthwise, cut to length, rounded at the ends, bleached, rendered non-inflammable, polished or dyed), split osier, reeds and the like, to rattan cores and to drawn or split rattans. The heading does not apply to chipwood (heading 4404). 3. Heading 1404 does not apply to wood wool (heading 4405) and prepared knots or tufts for broom or brush making (heading 9603). **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard** **ential** **Areas** **Prefer-** **(1)** **(2)** **(3)** **(4)** **(5)** **1401** **VEGETABLE** **MATERIALS** **OF** **A KIND** **USED PRIMARILY** **FOR PLAITING** **(FOR EXAMPLE, BAMBOOS, RATTANS,** **REEDS,** **RUSHES,** **OSIER,** **RAFFIA,** **CLEANED,** **BLEACHED OR DYED CEREAL STRAW,** **AND** **LIME** **BARK)** 1401 10 00 - Bamboos kg. 25% 1401 20 00 - Rattans kg. 30% 1401 90 - _Other :_ 1401 90 10 --- Canes kg. 30% 1401 90 90 --- Other kg. 30% **1404** **VEGETABLE** **PRODUCTS** **NOT** **ELSEWHERE** **SPECIFIED OR INCLUDED** 1404 20 00 - Cotton linters kg. 30% 1404 90 - _Other :_ 1404 90 10 --- Bidi wrapper leaves (tendu) kg. 30% --- _Soap-nuts :_ 1404 90 21 ---- Powder kg. 30% 1404 90 29 ---- Other kg. 30% ----- **SECTION-II** **CHAPTER-14** **(1)** **(2)** **(3)** **(4)** **(5)** 1404 90 30 --- Hard seeds, pips, hulls and nuts, of a kind used kg. 30% primarily for carving 1404 90 40 --- Betel leaves kg. 30% 1404 90 50 --- Indian katha kg. 30% 1404 90 60 --- Coconut shell, unworked kg. 30% 1404 90 70 --- Rudraksha seeds kg. 30% 1404 90 90 --- Other kg. 30% ----- **SECTION-III** **CHAPTER-15** **SECTION III** **ANIMAL, VEGETABLE OR MICROBIAL FATS AND OILS AND THEIR CLEAVAGE** **PRODUCTS; PREPARED EDIBLE FATS; ANIMAL OR VEGETABLE WAXES** **CHAPTER** **15** **_Animal, vegetable or microbial fats and oils and their cleavage products; prepared edible fats;_** **_animal or vegetable waxes_** **NOTES** **:** 1. This Chapter does not cover : (a) pig fat or poultry fat of heading 0209; (b) cocoa butter, fat or oil (heading 1804); (c) edible preparations containing by weight more than 15% of the products of heading 0405 (generally Chapter 21); (d) greaves (heading 2301) or residues of headings 2304 to 2306; (e) fatty acids, prepared waxes, medicaments, paints, varnishes, soap, perfumery, cosmetic or toilet preparations, sulphonated oils or other goods of Section VI; or (f) factice derived from oils (heading 4002). 2. Heading 1509 does not apply to oils obtained from olives by solvent extraction (heading 1510). 3. Heading 1518 does not cover fats or oils or their fractions, merely denatured, which are to be classified in the heading appropriate to the corresponding undenatured fats and oils and their fractions. 4. Soap-stocks, oil foots and dregs, stearin pitch, glycerol pitch and wool grease residues fall in heading 1522. **SUB-HEADING** **NOTES** **:** 1. For the purposes of sub-heading 1509 30, virgin olive oil has a free acidity expressed as oleic acid not exceeding 2.0 g/ 100 g and can be distinguished from the other virgin olive oil categories according to the characteristics indicated in the Codex Alimentarius Standard 33-1981. 2. For the purposes of sub-headings 1514 11 and 1514 19, the expression "low erucic acid rape or colza oil" means the fixed oil which has an erucic acid content of less than 2% by weight. **SUPPLEMENTARY** **NOTES** **:** 1. In this Chapter, ―edible grade‖, in respect of a goods (i.e. edible oil) specified in Appendix B to the Prevention of Food Adulteration Rules, 1955, means the standard of quality specified for such goods in that Appendix. 2. In this Chapter, ―fixed vegetable oil‖ means oils which cannot easily be distilled without decomposition, which are not volatile and which cannot be carried off by superheated steam(which decomposes and saponifies them). ----- **SECTION-III** **CHAPTER-15** **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard** **ential** **Areas** **Prefer-** **(1)** **(2)** **(3)** **(4)** **(5)** **1501** **PIG** **FATS** **(INCLUDING** **LARD)** **AND** **POULTRY** **FAT,** 1501 10 00 **OTHER THAN THAT OF HEADING** **0209 OR 1503** kg. 30% Lard 1501 20 00 - Other pig fat kg. 30% 1501 90 00 - Other kg. 30% **1502** **FATS OF BOVINE ANIMALS, SHEEP OR GOATS,** **OTHER THAN THOSE OFHEADING 1503** 1502 10 - Tallow: 1502 10 10 --- Mutton tallow kg. 15% 1502 10 90 --- Other kg. 15% 1502 90 - Other: 1502 90 10 --- Unrendered fats kg. 15% 1502 90 20 --- Rendered fats or solvent extraction fats kg. 15% 1502 90 90 --- Other kg. 15% **1503 00 00** **LARD STEARIN,** **LARD OIL,** **OLEOSTEARIN,** **OLEO-** **OIL** **AND TALLOW** **OIL,** **NOT** **EMULSIFIED OR** **MIXED OR OTHERWISE PREPARED** **1504** **FATS** **AND** **OILS** **AND** **THEIR** **FRACTIONS,** **OF** **FISH** **OR MARINE** **MAMMALS,** **WHETHER** **OR** **NOT** **REFINED, BUT NOT CHEMICALLY MODIFIED** 1504 10 _- Fish liver oils and their fractions:_ kg. 30% 1504 10 10 1504 10 91 -- -- --- Cod liver oil _Other :_ Squid liver oil kg. kg. 30% 30% 1504 10 99 ---- Other kg. 30% 1504 20 - _Fats and oils and their fractions of fish, other_ _than liver oils :_ 1504 20 10 --- Fish body oil kg. 30% 1504 20 20 --- Fish lipid oil kg. 30% 1504 20 30 --- Sperm oil kg. 30% ----- **SECTION-III** **CHAPTER-15** **(1)** **(2)** **(3)** **(4)** **(5)** 1504 20 90 --- Other kg. 30% 1504 30 00 - Fats and oils and their fractions, of marine kg. 30% mammals **1505** 1505 00 1505 00 10 -- kg. **WOOL GREASE AND FATTY SUBSTANCES DERIVED** **THEREFROM (INCLUDING LANOLIN)** _Wool grease and fatty substances derived_ _therefrom (including lanolin) :_ Wool alcohol (including lanolin alcohol) 30% 1505 00 20 --- Wool grease, crude kg. 30% 1505 00 90 --- Other kg. 30% **1506** **OTHER** **ANIMAL** **FATS** **AND** **OILS** **AND** **THEIR** **FRACTIONS,** **WHETHER** **OR** **NOT** **REFINED,** **BUT** **NOT** **CHEMICALLY MODIFIED** 1506 00 - _Other animal fats and oils and their fractions,_ _whether or not refined, but not chemically_ _modified :_ 1506 00 10 --- Neats Foot oil and fats from bone or waste kg. 30% 1506 00 90 --- Other kg. 30% **1507** **SOYA-BEAN** **OIL** **AND** **ITS** **FRACTIONS,** **WHETHER** **OR NOT REFINED,** **BUT NOT CHEMICALLY MODIFIED** 1507 10 00 - Crude oil, whether or not degummed kg. 45% 35% 1507 90 - _Other :_ 1507 90 10 --- Edible grade kg. 45% 35% 1507 90 90 --- Other kg. 45% 35% **1508** **GROUND-NUT** **OIL** **AND** **ITS** **FRACTIONS,** **WHETHER** **OR NOT REFINED,** **BUT NOT CHEMICALLY MODIFIED** 1508 10 00 - Crude oil kg. 100% 90% 1508 90 - _Other :_ 1508 90 10 1508 90 91 ---- --- Deodorized (Salad Oil) _Other :_ Edible grade kg. kg. 100% 100% 90% 90% 1508 90 99 ---- Other kg. 100% 90% **1509** **OLIVE** **OIL** **AND** **ITS** **FRACTIONS,** **WHETHER** **OR** **NOT** **REFINED, BUT NOT CHEMICALLY MODIFIED** 1509 20 00 - Extra virgin olive oil kg. 45% 35% 1509 30 00 - Virgin olive oil kg. 45% 35% 1509 40 00 - Other virgin olive oil kg. 45% 35% 1509 90 - _Other :_ 1509 90 10 --- Edible grade kg. 40% 30% 1509 90 90 --- Other kg. 40% 30% ----- **SECTION-III** **CHAPTER-15** **(1)** **(2)** **(3)** **(4)** **(5)** **OTHER OILS** **AND** **THEIR FRACTIONS, OBTAINED** **1510** **SOLELY FROM OLIVES, WHETHER OR NOT REFINED,** **BUT NOT CHEMICALLY MODIFIED, INCLUDING BLENDS** **OF THESE OILS OR FRACTIONS WITH OILS OR** **FRACTIONS OF HEADING 1509** 1510 10 00 - Crude olive pomace oil kg. 45% 35% 1510 90 - _Other:_ 1510 90 10 --- Refined olive pomace oil kg. 45% 35% 1510 90 90 --- Other kg. 45% 35% **1511** **PALM OIL AND ITS** **FRACTIONS,** **WHETHEROR** **NOT REFINED,** **BUT NOT CHEMICALLY MODIFIED** 1511 10 00 - Crude oil kg. 100% 90% 1511 90 - _Other :_ 1511 90 10 --- Refined bleached deodorised palm oil kg. 100% 90% 1511 90 20 --- Refined bleached deodorised palmolein kg. 100% 90% 1511 90 30 --- Refined bleached deodorised palm stearin kg. 100% 90% 1511 90 90 --- Other kg. 100% 90% **1512** **SUNFLOWER** **SEED,** **SAFFLOWER** **OR** **COTTON** **SEED** **OIL AND THEIR FRACTIONS THEREOF,** **WHETHER** **OR NOT REFINED,** **BUT NOT CHEMICALLY MODIFIED** - _Sunflower seed or safflower oil and fractions_ _thereof :_ 1512 11 -- Crude _oil:_ 1512 11 10 --- Sunflower seed oil kg. 100% 90% 1512 11 20 --- Safflower seed oil (kardi seed oil) kg. 100% 90% 1512 19 -- Other : 1512 19 10 --- Sunflower oil, edible grade kg. 100% 90% 1512 19 20 --- Sunflower oil, non-edible grade (other than kg. 100% 90% kg. 1512 19 30 -- crude oil) Safflower oil, edible grade 100% 90% 1512 19 40 --- Safflower oil, non-edible grade kg. 100% 90% 1512 19 90 --- Other kg. 100% 90% - _Cotton-seed oil and its fractions:_ 1512 21 00 -- Crude oil, whether or not gossypol has kg. 100% 90% been removed 1512 29 -- _Other :_ 1512 29 10 --- Edible grade kg. 100% 90% ----- **SECTION-III** **CHAPTER-15** **(1)** **(2)** **(3)** **(4)** **(5)** 1512 29 90 --- Other kg. 100% 90% **1513** **COCONUT** **(COPRA),** **PALM** **KERNEL OR BABASSU** **OIL AND FRACTIONS THEREOF, WHETHER OR NOT** **REFINED, BUT NOT CHEMICALLY MODIFIED** - _Coconut (copra) oil and its fractions:_ 1513 11 00 -- Crude oil kg. 100% 90% 1513 19 00 -- Other kg. 100% 90% - _Palm kernel or babassu oil and fractions_ _thereof :_ 1513 21 -- Crude Oil : 1513 21 10 --- Palm kernel oil kg. 100% 90% 1513 21 20 --- Babassu oil kg. 100% 90% 1513 29 -- Other: 1513 29 10 --- Palm kernel oil and its fractions kg. 100% 90% 1513 29 20 --- Babassu oil and its fractions edible grade kg. 100% 90% 1513 29 30 1513 29 90 -- -- Babassu oil and its fractions, other than edible grade Other kg. kg. 100% 100% 90% 90% **1514** **RAPE,** **COLZA** **OR** **MUSTARD** **OIL** **AND** **ITS** **FRACTIONS** **THEREOF,** **WHETHER** **OR** **NOT** **REFINED,** **BUT** **NOT** **CHEMICALLY MODIFIE** - _Low erucic acid rape or colza oil and its_ _fractions :_ 1514 11 -- _Crude_ _oil:_ 1514 11 10 --- Colza oil kg. 75% 65% 1514 11 20 --- Rape oil kg. 75% 65% 1514 11 90 --- Other kg. 75% 65% 1514 19 -- _Other :_ 1514 19 10 --- Refined colza oil of edible grade kg. 75% 65% 1514 19 20 --- Refined rapeseed oil of edible grade kg. 75% 65% 1514 19 90 --- Other kg. 75% 65% - _Other :_ 1514 91 -- _Crude oil :_ 1514 91 10 --- Colza oil kg. 75% 65% 1514 91 20 --- Mustard oil kg. 75% 65% 1514 91 90 --- Rapeseed oil kg. 75% 65% 1514 99 -- _Other:_ 1514 99 10 --- Refined colza oil of edible grade kg. 75% 65% 1514 99 20 --- Refined mustard oil of edible grade kg. 75% 65% 1514 99 30 --- Refined rapeseed oil of edible grade kg. 75% 65% 1514 99 90 --- Other kg. 75% 65% **1515** **OTHER** **FIXED** **VEGETABLE OR MICROBIAL** **FATS** **AND** **OILS** 1514 11 - ----- **SECTION-III** **CHAPTER-15** **(1)** **(2)** **(3)** **(4)** **(5)** **(INCLUDING** **JOJOBA OIL)** **AND THEIR FRACTIONS,** **WHETHER OR NOT REFINED, BUT NOT CHEMICALLY** **MODIFIED** _Linseed oil and its fractions :_ Crude oil kg. 1515 11 00 - 100% 90% 1515 19 -- Other: 1515 19 10 --- Edible grade kg. 100% 90% 1515 19 90 1515 21 00 -- - Other _Maize (Corn) oil and its fractions:_ Crude oil kg. kg. 100% 100% 90% 90% 1515 29 -- Other : 1515 29 10 --- Edible grade kg. 100% 90% 1515 29 90 --- Other kg. 100% 90% 1515 30 - _Castor oil and its fractions:_ 1515 30 10 --- Edible grade kg. 100% 90% 1515 30 90 --- Other kg. 100% 90% 1515 50 - _Seasame oil and its fractions:_ 1515 50 10 --- Crude oil --- _Other :_ 1515 50 91 ---- Edible grade 1515 50 99 ---- Other 1515 60 00 - Microbial fats and oils and their fractions 1515 90 - _Other :_ 100% 100% 100% 100% 100% 100% 100% 100% 90% 90% 90% 90% 90% 90% 90% 90% 1515 90 10 1515 90 20 1515 90 30 1515 90 40 -- -- -- -- -- Fixed vegetable oils, namely the following: chul moogra oil, mawra oil, kokam oil, tobacco seed oil, sal oil Fixed vegetable oils, namely the following: neem seed oil, karanj oil, silk cotton seed oil, khakhon oil, water melon oil, kusum oil, rubber seed oil, dhup oil, undi oil, maroti oil, pisa oil, nahar oil Fixed vegetable oils, namely the following: cardamom oil, chillies or capsicum oil, turmeric oil, ajwain seed oil, niger seed oil, garlic oil Fixed vegetable oils of edible grade namely the following: mango kernel oil, mahua oil, rice bran oil _Other :_ kg. kg. kg. kg. kg. kg. kg. kg. 1515 90 91 ---- Edible grade kg. 100% 90% 1515 90 99 ---- Other kg. 100% 90% **1516** **ANIMAL,** **VEGETABLE OR MICROBIAL** **FATS AND** **OILS** **AND THEIR FRACTIONS, PARTLY OR WHOLLY** **HYDROGENATED,** **INTER-ESTERIFIED,** **RE-ESTERIFIED** **OR ELAIDINISED,** **WHETHER OR NOT REFINED,** **BUT** **NOT FURTHER PREPARED** ----- **SECTION-III** **CHAPTER-15** **(1)** **(2)** **(3)** **(4)** **(5)** 1516 10 00 - Animal fats and oils and their fractions kg. 100% 1516 20 - _Vegetable fats and oils and their fractions:_ --- _Cotton Seed oil :_ 1516 20 11 ---- Edible grade kg. 100% 1516 20 19 1516 20 21 1516 20 29 1516 20 31 1516 20 39 1516 20 91 --- -- --- --- -- --- --- -- --- Other _Groundnut oil :_ Edible grade Other _Hydrogenated_ _castor_ _oil_ _(opal-wax):_ Edible grade Other _Other:_ Edible grade kg. kg. kg. kg. kg. kg. 100% 100% 100% 100% 100% 100% _-_ 1516 20 99 ---- Other kg. 100% 1516 30 00 - Microbial fats and oils and their fractions kg. 100% **1517** **MARGARINE;** **EDIBLE** **MIXTURE** **OR** **PREPARATIONS OF** **ANIMAL, VEGETABLE O R M I C R O B I A L FATS OR** **OILS OR OF FRACTIONS OF DIFFERENT FATS OR OILS** **OF** **THIS CHAPTER,** **OTHER THAN EDIBLE FATS AND** **O I L S OR THEIR FRACTIONS OF HEADING 1516** 1517 10 - _Margarine,_ _excluding_ _liquid_ _margarine:_ 1517 10 10 --- Of animal origin kg. 100% _-_ --- _Of_ _vegetable origin :_ 1517 10 21 ---- Edible grade kg. 100% 1517 10 22 ---- Linoxyn kg. 100% 1517 10 29 ---- Other kg. 100% _-_ 1517 90 _- Other :_ 1517 90 10 --- Sal fat (processed or refined) kg. 100% 1517 90 30 --- Imitation lard of animal origin kg. 100% 1517 90 40 --- Imitation lard of vegetable origin kg. 100% 1517 90 90 --- Other kg. 100% **1518** **ANIMAL, VEGETABLE OR MICROBIAL FATS AND OILS AND** **THEIR** **FRACTIONS,** **BOILED,** **OXIDISED,** **DEHYDRATED,** **SULPHURISED, BLOWN, POLYMERISED BY HEAT IN VACUUM** **OR IN INERT GAS OR OTHERWISE CHEMICALLY MODIFIED,** **EXCLUDING THOSE OF HEADING 1516; INEDIBLE MIXTURES** **OR PREPARATIONS OF ANIMAL, VEGETABLE OR MICROBIAL** **FATS OR OILS OR OF FRACTIONS OF DIFFERENT FATS OR** **OILS OF THIS CHAPTER, NOT ELSEWHERE SPECIFIED OR** **INCLUDED** --- _Linseed oil:_ 1518 00 11 ---- Edible grade kg. 100% _-_ 1518 00 19 ---- Other kg. 100% _Castor oil, dehydrated:_ Edible grade kg. 1518 00 21 -- --- 100% 1518 00 29 ---- Other kg. 100% _-_ **_---_** _Other vegetable oil and its fats:_ 1518 00 31 ---- Edible grade kg. 100% 1518 00 39 ---- Other kg. 100% ----- **SECTION-III** **CHAPTER-15** **(1)** **(2)** **(3)** **(4)** **(5)** **1520 00 00** **GLYCEROL,** **CRUDE;** **GLYCEROL WATERS** **AND** kg. 30% **GLYCEROL LYES** **1521** **VEGETABLE WAXES (OTHER THAN TRIGLYCERIDES),** **BEESWAX,** **OTHER INSECT** **WAXES** **AND SPERMACETI,** **WHETHER OR NOT REFINED OR COLOURED** 1521 10 1521 10 11 1521 10 19 -- --- --- 1521 10 - _Vegetable Waxes :_ --- _Carnauba Waxes :_ 1521 10 11 ---- Edible wax for waxing fresh fruits and kg. 30% vegetables 1521 10 19 ---- Other kg. 30% 1521 10 90 --- Other kg. 30% 1521 90 - _Other :_ 1521 90 10 --- Beewax whether or not coloured kg. 30% 1521 90 20 --- Shellac wax whether or not coloured kg. 30% 1521 90 90 --- Other kg. 30% **1522** **DEGRAS:** **RESIDUES** **RESULTING** **FROM** **THE TREATMENT** **OF FATTY SUBSTANCES OR ANIMAL OR VEGETABLE** **WAXES** 1522 00 _- Degras: residues resulting from the treatment_ _of fatty substances or animal or vegetable_ _waxes :_ 1522 00 10 --- Degras kg. 30% 1522 00 20 --- Soap stocks kg. 30% 1522 00 90 --- Other kg. 30% ----- **SECTION-IV** **CHAPTER-16** **SECTION IV** **PREPARED FOODSTUFFS; BEVERAGES, SPIRITS AND VINEGAR; TOBACCO** **AND MANUFACTURED TOBACCO SUBSTITUTES; PRODUCTS, WHETHER OR** **NOT CONTAINING NICOTINE, INTENDED FOR INHALATION WITHOUT** **COMBUSTION; OTHER NICOTINE CONTAINING PRODUCTS INTENDED FOR** **THE** **INTAKE** **OF** **NICOTINE** **INTO** **THE** **HUMAN** **BODY** **NOTE** **:** In this Section the term ―pellets‖ means products which have been agglomerated either directly bycompression or by the addition of a binder in a proportion not exceeding 3 % by weight. **CHAPTER** **16** **_Preparations of meat, of fish, of crustaceans, molluscsor other aquatic invertebrates or of_** **_insects_** **NOTES** **:** 1. This Chapter does not cover meat, meat offal, fish, crustaceans, molluscs or other aquatic invertebrates, as well as insects, prepared or preserved by the processes specified in Chapter 2 or 3, Note 6 to Chapter 4 or in heading 0504. 2. Food preparations fall in this Chapter provided that they contain more than 20% by weight of sausage, meat, meat offal, blood, insect, fish, crustaceans, molluscs or other aquatic invertebrates, or any combinationthereof. In cases where the preparation contains two or more of the products mentioned above, it is classified in the heading of Chapter 16 corresponding to the component or components which predominate by weight. These provisions do not apply to the stuffed products of heading 1902 or to the preparations of heading 2103or 2104. **SUB-HEADING** **NOTES** **:** 1. For the purposes of sub-heading 1602 10, the expression ―homogenised preparations‖ means preparations of meat, meat offal, blood or insects, finely homogenised, put up for retail sale as food suitable for infantsor young children or for dietetic purposes, in containers of net weight content not exceeding 250 g. For theapplication of this definition no account is to be taken of small quantities of any ingredients which may havebeen added to the preparation for seasoning, preservation or other purposes. These preparations may contain a small quantity of visible pieces of meat or meat offal or insects. This sub-heading takes precedence over all other sub-headings of heading 1602. 2. The fish, crustaceans molluscs and other aquatic invertebrates specified in the sub-headings of heading 1604 or 1605 under their common names only, are of the same species as those mentioned in Chapter 3 under the same name. **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard** **Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **1601** **00** **00** **SAUSAGES** **AND** **SIMILAR** **PRODUCTS,** **OF** **MEAT,** kg. 100% **MEAT** **OFFAL,** **BLOOD** **OR** **INSECTS;** **FOOD** ----- **SECTION-IV** **CHAPTER-16** **(1)** **(2)** **(3)** **(4)** **(5)** **1602** **OTHER** **PREPARED** **OR** **PRESERVED** **MEAT,** **MEAT** **OFFAL BLOOD OR INSECTS** 1602 10 00 - Homogenised preparations kg. 30% 1602 20 00 1602 31 00 - Of liver of any animal _Of poultry of heading 0105 :_ Of turkeys kg. kg. 30% 30% 1602 32 00 -- Of fowls of the species _Gallus domesticus_ kg. 100% 1602 39 00 1602 41 00 - - Other _Of swine :_ Hams and cuts thereof kg. kg. 30% 30% 1602 42 00 -- Shoulders and cuts thereof kg. 30% 1602 49 00 -- Other, including mixtures kg. 30% 1602 50 00 - Of bovine animals kg. 30% 1602 90 00 - Other, including preparations of blood of any animal **1603** **EXTRACTS** **AND** **JUICES** **OF** **MEAT,** **FISH** **OR** **CRUSTACEANS,** **MOLLUSCS** **OR OTHER** **AQUATIC** **INVERTEBRATES** kg. 30% 1603 00 1603 00 10 -- _Extracts and juices of meat, fish or_ _crustaceans, molluscs or other aquatic_ _invertebrates :_ Extracts and juices of meat kg. 30% 1603 00 20 --- Extracts of fish kg. 30% 1603 00 90 --- Other kg. 30% **1604** **PREPARED** **OR** **PRESERVED** **FISH;** **CAVIAR** **AND** **CAVIAR SUBSTITUTES PREPARED FROM FISH EGGS** _Fish, whole or in pieces, but not minced :_ Salmon kg. 1604 11 00 - 30% 1604 12 -- Herrings : 1604 12 10 --- Pickled kg. 30% 1604 12 90 --- Other kg. 30% 1604 13 -- Sardines, sardinella and brisling or sprats: 1604 13 10 --- Sardines, sardinella and brisling kg. 30% 1604 13 20 --- Sprats kg. 30% 1604 14 -- _Tunas, skipjack t una and bonito (Sarda spp.):_ 1604 14 10 --- Tunas kg. 30% 1604 14 90 --- Other kg. 30% 1604 15 00 -- Mackerel kg. 30% 1604 16 00 -- Anchovies kg. 30% 1604 17 00 -- Eels kg. 30% 1604 18 00 -- Shark fins kg. 30% 1604 19 00 -- Other kg. 30% 1604 20 00 - Other prepared or preserved fish kg. 30% ----- **SECTION-IV** **CHAPTER-16** **(1)** **(2)** **(3)** **(4)** **(5)** - _Caviar and caviar substitutes :_ 1604 31 00 -- Caviar kg. 30% 1604 32 00 -- Caviar substitutes kg. 30% **1605** **CRUSTACEANS,** **MOLLUSCS** **AND** **OTHER** **AQUATIC** **INVERTEBRATES,** **PREPARED OR PRESERVED** 1605 10 00 - Crab kg. 30% - _Shrimps and prawns :_ 1605 21 00 -- Not in airtight container kg. 30% 1605 29 00 -- Other kg. 30% 1605 30 00 - Lobster kg. 30% 1605 40 00 - Other crustaceans kg. 30% - _Molluscs:_ 1605 51 00 -- Oysters kg. 30% 1605 52 00 -- Scallops, including queen scallops kg. 30% 1605 53 00 -- Mussels kg. 30% 1605 54 00 -- Cuttle fish and squid kg. 30% 1605 55 00 -- Octopus kg. 30% 1605 56 00 -- Clams, cockles and arkshells kg. 30% 1605 57 00 -- Abalone kg. 30% 1605 58 00 -- Snails, other than sea snails kg. 30% 1605 59 00 -- Other kg. 30% - _Other aquatic invertebrates :_ 1605 61 00 -- Sea cucumbers kg. 30% 1605 62 00 -- Sea urchins kg. 30% 1605 63 00 -- Jellyfish kg. 30% 1605 69 00 -- Other kg. 30% ----- **SECTION-IV** **CHAPTER-17** **CHAPTER** **17** **_Sugars and sugar confectionery_** **NOTE** **:** This Chapter does not cover: (a) sugar confectionery containing cocoa (heading 1806); (b) chemically pure sugars (other than sucrose, lactose, maltose, glucose and fructose) or other products of heading 2940; or (c) medicaments or other products of Chapter 30. **SUB-HEADING** **NOTES** **:** 1. For the purposes of sub-headings 1701 12, 1701 13 and 1701 14 ―raw sugar‖ means sugar whose content of sucrose by weight, in the dry state, corresponds to a polarimeter reading of less than 99.5 degree. 2. Sub-heading 1701 13 covers only cane sugar obtained without centrifugation, whose content of sucrose by weight, in the dry state, corresponds to a polarimeter reading of 69 degree or more but less than 93 degree. The product contains only natural anhedral microcrystals, of irregular shape, not visible to the naked eye, which are surrounded by residues of molasses and other constituents of sugar cane. **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard** **ential** **Areas** **Prefer-** **(1)** **(2)** **(3)** **(4)** **(5)** **1701** **CANE** **OR** **BEET** **SUGAR** **AND** **CHEMICALLY** **PURE** **SUCROSE, IN** **SOLID** **FORM** _Raw sugar not containing added flavouring or_ _colouring matter :_ Beet sugar Cane sugar specified in Sub-heading Note 2 to this Chapter: Cane jaggery kg. kg. 1701 12 00 1701 13 1701 13 10 - - -- 100% 100% 1701 13 20 --- Khandsari sugar kg. 100% 1701 13 90 --- Other kg. 100% 1701 14 -- Other cane sugar: 1701 14 10 --- Cane jaggery kg. 100% 1701 14 20 --- Khandsari sugar kg. 100% 1701 14 90 --- Other kg. 100% - _Other :_ 1701 91 00 -- Refined sugar containing added flavouring or kg. 100% colouring matter 1701 99 -- _Other :_ 1701 99 10 --- Sugar cubes kg. 100% ----- **SECTION-IV** **CHAPTER-17** **(1)** **(2)** **(3)** **(4)** **(5)** 1701 99 90 --- Other kg. 100% **1702** **OTHER** **SUGARS,** **INCLUDING** **CHEMICALLY** **PURE** **LACTOSE,** **MALTOSE,** **GLUCOSE AND FRUCTOSE,** **IN SOLID FORM;** **SUGAR SYRUPS NOT CONTAINING** **ADDED FLAVOURING OR COLOURING MATTER;** **ARTIFICIAL HONEY,** **WHETHER OR NOT MIXED** **WITH NATURAL HONEY; CARAMEL** - _Lactose and lactose syrup:_ 1702 11 -- Containing by weight 99% or more lactose, _expressed as anhydrous lactose, calculated on_ _the dry matter:_ 1702 11 10 --- In solid form kg. 25% 1702 11 90 --- Other kg. 25% 1702 19 -- Other : 1702 19 10 --- In solid form kg. 25% 1702 19 90 --- Other kg. 25% 1702 20 - _Maple sugar and maple syrup:_ 1702 20 10 --- In solid form kg. 30% 1702 20 90 --- Other kg. 30% 1702 30 - _Glucose and glucose syrup, not containing_ _fructose or containing in the dry state less_ _than 20% by weight of fructose:_ 1702 30 10 --- Glucose, liquid kg. 30% 1702 30 20 --- Glucose, solid kg. 30% --- _Dextrose :_ 1702 30 31 ---- In solid form kg. 30% 1702 30 39 ---- Other kg. 30% 1702 40 - _Glucose and glucose syrup, containing in the_ _dry state at least 20% but less than 50% by_ _weight of fructose, excluding invert sugar :_ 1702 40 10 --- Glucose, liquid kg. 30% 1702 40 20 --- Glucose, solid kg. 30% --- _Dextrose :_ 1702 40 31 ---- In solid form kg. 30% 1702 40 39 ---- Other kg. 30% 1702 50 00 - Chemically pure fructose kg. 30% 1702 60 - _Other fructose and fructose syrup, containing_ _in the dry state more than 50% by weight of_ _fructose, excluding invert sugar:_ 1702 60 10 --- In solid form kg. 30% 1702 60 90 --- Other kg. 30% 1702 90 - _Other, including invert sugar and other sugar_ _and sugar syrup blends containing in the dry_ _state 50% by weight of fructose :_ ----- **SECTION-IV** **CHAPTER-17** **(1)** **(2)** **(3)** **(4)** **(5)** 1702 90 10 --- Palmyra sugar kg. 30% 1702 90 20 --- Chemically pure maltose kg. 30% 1702 90 30 --- Artificial honey, whether or not mixed with kg. 30% natural honey 1702 90 40 --- Caramel kg. 30% 1702 90 50 --- Insulin syrup kg. 30% 1702 90 90 --- Other kg. 30% **1703** **MOLASSES** **RESULTING** **FROM** **THE** **EXTRACTION** **OR REFINING OF SUGAR** 1703 10 00 - Cane molasses kg. 30% 1703 90 - _Other :_ 1703 90 10 --- Molasses, edible kg. 30% 1703 90 90 --- Other kg. 30% 1702 90 40 -- **1704** 1704 10 00 kg. **SUGAR CONFECTIONERY (INCLUDING** **WHITE** **CHOCOLATE), NOT** **CONTAINING** **COCOA** Chewing gum, whether or not sugar coated 45% 1704 90 - _Other :_ 1704 90 10 --- Jelly confectionary kg. 30% 1704 90 20 --- Boiled sweets, whether or not filled kg. 30% 1704 90 30 --- Toffees, caramels and similar sweets kg. 30% 1704 90 90 --- Other kg. 30% ----- **SECTION-IV** **CHAPTER-18** **CHAPTER** **18** **_Cocoa and cocoa preparations_** **NOTES** **:** 1. This Chapter does not cover: (a) food preparations containing more than 20 % by weight of sausage, meat, meat offal, blood, insects, fish or crustaceans, molluscs or other aquatic invertebrates, or any combination thereof (Chapter 16); (b) preparations of headings 0403, 1901, 1902, 1904, 1905, 2105, 2202, 2208, 3003 or 3004.‖;. 2. Heading 1806 includes sugar confectionery containing cocoa and, subject to Note 1 to this Chapter, other food preparations containing cocoa. **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard** **Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **1801 00 00** **COCOA BEANS,** **WHOLE** **OR** **BROKEN,** **RAW OR ROASTED** kg. 15% **1802 00 00** **COCOA** **SHELLS,** **HUSKS,** **SKINS** **AND** **OTHER COCOA** kg. 30% **WASTE** **1803** **COCOA** **PASTE,** **WHETHER** **OR** **NOT** **DEFATTED** 1803 10 00 - Not defatted kg. 30% 1803 20 00 - Wholly or partly defatted kg. 30% **1804 00 00** **COCOA BUTTER,** **FAT** **AND** **OIL** kg. 30% **1805 00 00** **COCOA** **POWDER,** **NOT** **CONTAINING** **ADDED SUGAR** **OR** kg. 30% **OTHER SWEETENING MATTER** **1806** **CHOCOLATE** **AND** **OTHER** **FOOD** **PREPARATIONS** **CONTAINING COCOA** 1806 10 00 - Cocoa powder, containing added sugar or other kg. 30% 1806 20 00 sweetening matter Other preparations in blocks, slabs or bars weighing more than 2 kg. or in liquid, paste, powder, granular or other bulk form in containers or immediate packings, of a content exceeding 2 kg. _Other, in blocks, slabs or bars :_ kg. 30% 1806 31 00 -- Filled kg. 30% 1806 32 00 -- Not filled kg. 30% 1806 90 - _Other :_ ----- **SECTION-IV** **CHAPTER-18** **(1)** **(2)** **(3)** **(4)** **(5)** 1806 90 10 --- Chocolate and chocolate products kg. 30% 1806 90 20 --- Sugar confectionary containing cocoa kg. 30% 1806 90 30 --- Spreads containing cocoa kg. 30% 1806 90 40 --- Preparations containing cocoa for making kg. 30% beverages 1806 90 90 --- Other kg. 30% ----- **SECTION-IV** **CHAPTER-19** **CHAPTER** **19** **_Preparations of cereals, flour, starch or milk; pastrycooks’ products_** **NOTES** **:** 1. This Chapter does not cover : (a) except in the case of stuffed products of heading 1902, food preparations containing more than 20% by weight of sausage, meat, meat offal, blood, insect, fish or crustaceans, molluscs or other aquaticinvertebrates, or any combination thereof (Chapter 16); (b) biscuits or other articles made from flour or from starch, specially prepared for use in animal feeding (heading 2309); or (c) medicaments or other products of Chapter 30. 2. For the purposes of heading 1901: (a) the term ―groats‖ means cereal groats of Chapter 11; (b) the terms ―flour‖ and ―meal‖ means : (1) cereal flour and meal of Chapter 11, and (2) flour, meal and powder of vegetable origin of any Chapter, other than flour, meal or powder of dried vegetables (heading 0712), of potatoes (heading 1105) or of dried leguminous vegetables (heading 1106). 3. Heading 1904 does not cover preparations containing more than 6% by weight of cocoa calculated on a totally defatted basis or completely coated with chocolate or other food preparations containing cocoa of heading 1806 (heading 1806). 4. For the purposes of heading 1904, the expression ―otherwise prepared‖ means prepared or processed to an extent beyond that provided for in the headings of, or Notes to, Chapter 10 or 11. **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard** **Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **1901** **MALT EXTRACT; FOOD PREPARATIONS OF FLOUR,** **GROATS, MEAL, STARCH OR MALT EXTRACT, NOT** **CONTAINING** **COCOA** **OR** **CONTAINING** **LESS** **THAN 40%** **BY WEIGHT OF COCOA CALCULATED ON A TOTALLY** **DEFATTED BASIS,** **NOT ELSEWHERE SPECIFIED OR** **INCLUDED;** **FOOD** **PREPARATIONS** **OF** **GOODS** **OF** **HEADINGS** **0401** **TO** **0404,** **NOT CONTAINING COCOA** **OR CONTAINING** **LESS** **THAN** **5%** **BY WEIGHT OF** **COCOA CALCULATED ON A TOTALLY DEFATTED BASIS,** **NOT ELSEWHERE SPECIFIED OR INCLUDED** ----- **SECTION-IV** **CHAPTER-19** **(1)** **(2)** **(3)** **(4)** **(5)** 1901 10 - _Preparations suitable for infants or young_ _Children, put up for retail sale:_ 1901 10 10 --- Malted milk (including powder) kg. 50% 1901 10 90 --- Other kg. 50% 1901 20 00 1901 90 Mixes and doughs for the preparation of bakers‗ wares of heading 1905 _Other :_ kg. 30% 1901 90 10 --- Malt extract kg. 30% 1901 90 90 --- Other kg. 30% **1902** **PASTA, WHETHER OR NOT COOKED OR STUFFED** **(WITH MEAT OR OTHER SUBSTANCES) OR** **OTHERWISE PREPARED, SUCH AS SPAGHETTI,** **MACARONI, NOODLES, LASAGNE, GNOCCHI,** **RAVIOLI,** **CANNELLONI;** **COUSCOUS,** **WHETHER OR** **NOT PREPARED** _Uncooked pasta, not stuffed or otherwise_ _prepared :_ Containing eggs kg. 1902 11 00 - 30% 1902 19 00 -- Other kg. 30% 1902 20 1902 20 10 -- _Stuffed pasta, whether or not cooked or_ _otherwise prepared:_ Cooked kg. 30% 1902 20 90 --- Other kg. 30% 1902 30 - _Other Pasta :_ 1902 30 10 --- Dried kg. 30% 1902 30 90 --- Other kg. 30% 1902 40 - _Couscous :_ 1902 40 10 --- Unprepared kg. 30% 1902 40 90 --- Other kg. 30% **1903 00 00** **TAPIOCA AND SUBSTITUTES THEREFOR PREPARED** **FROM STARCH, IN THE FORM OF FLAKES, GRAINS,** **PEARLS,** **SIFTINGS OR IN SIMILAR FORMS** **1904** **PREPARED** **FOODS** **OBTAINED** **BY** **THE** **SWELLING** **OR** **ROASTING OF CEREALS OR CEREAL PRODUCTS** **(FOR EXAMPLE, CORN FLAKES); CEREALS [OTHER** **THAN MAIZE (CORN)]** **IN GRAIN FORM OR IN THE** **FORM OF FLAKES OR OTHER WORKED GRAINS** **(EXCEPT FLOUR,** **GROATS AND MEAL),** **PRE-COOKED** **OR OTHERWISE PREPARED, NOT ELSEWHERE** **SPECIFIED OR INCLUDED** 1904 10 - _Prepared foods obtained by the swelling or_ _roasting of cereals or cereal products:_ kg. 50% ----- **SECTION-IV** **CHAPTER-19** **(1)** **(2)** **(3)** **(4)** **(5)** 1904 10 10 --- Corn flakes kg. 30% 1904 10 20 --- Paws, Mudi and the like kg. 30% 1904 10 30 --- Bulgur wheat kg. 30% 1904 10 90 --- Other kg. 30% 1904 20 1904 20 10 1904 20 90 1904 30 00 ---- 1904 20 - _Prepared_ _foods_ _obtained_ _from_ _unroasted_ _cereal flakes or from mixtures of unroasted_ _cereal flakes and roasted cereal flakes or_ _swelled cereals :_ 1904 20 10 --- With millet content 15% or more by weight kg. 30% 1904 20 90 --- Other kg. 30% 1904 30 00 - Bulgur wheat kg. 30% 1904 90 00 - Other kg. 30% **1905** **BREAD, PASTRY, CAKES, BISCUITS AND OTHER** **BAKERS’ WARES, WHETHER OR NOT CONTAINING** **COCOA; COMMUNION WAFERS, EMPTY** **CACHETS** **OF A KIND SUITABLE FOR PHARMACEUTICAL USE,** **SEALING** **WAFERS,** **RICE** **PAPER** **AND** **SIMILAR** **PRODUCTS** 1905 10 00 - Crispbread kg. 30% 1905 20 00 - Gingerbread and the like kg. 30% _Sweet biscuits; waffles and wafers:_ Sweet biscuits _Waffles and wafers :_ _Communion wafers :_ kg. 1905 31 00 - 30% 1905 32 - -- 1905 32 11 ---- Coated with chocolate or containing chocolate kg. 30% 1905 32 19 ---- Other kg. 30% 1905 32 90 --- Other kg. 30% 1905 40 00 1905 90 Rusks, toasted bread and similar toasted products _Other :_ kg. 30% 1905 90 10 --- Pastries and cakes kg. 30% 1905 90 20 --- Biscuits not elsewhere specified or included kg. 30% 1905 90 30 --- Extruded or expanded products, savoury kg. 30% or salted 1905 90 40 --- Papad kg. 30% 1905 90 90 --- Other kg. 30% 1905 90 40 -- ----- **SECTION-IV** **CHAPTER-20** **CHAPTER** **20** **_Preparations of vegetables, fruit, nuts or other parts of plants_** **NOTES** **:** 1. This Chapter does not cover : (a) vegetables, fruit or nuts, prepared or preserved by the processes specified in Chapter 7, 8 or 11; (b) vegetable fats and oils (Chapter 15); (c) food preparations containing more than 20% by weight of sausage, meat, meat offal, blood, insect, fish or crustaceans, molluscs or other aquatic invertebrates, or any combination thereof (Chapter 16); (d) bakers' wares and other products of heading 1905; or (e) homogenised composite food preparations of heading 2104. 2. Headings 2007 and 2008 do not apply to fruit jellies, fruit pastes, sugar-coated almonds or the like in the form of sugar confectionery (heading 1704) or chocolate confectionery (heading 1806). 3. Headings 2001, 2004 and 2005 cover, as the case may be, only those products of Chapter 7 or of heading 1105 or 1106 (other than flour, meal and powder of the products of Chapter 8) which have been prepared or preserved by processes other than those referred to in Note 1(a). 4. Tomato juice, the dry weight content of which is 7% or more is to be classified in heading 2002. 5. For the purposes of heading 2007, the expression ―obtained by cooking‖ means obtained by heat treatment at atmospheric pressure or under reduced pressure to increase the viscosity of a product through reduction of water content or other means. 6. For the purposes of heading 2009, the expression ―juices, unfermented and not containing added spirit‖ means juices of an alcoholic strength by volume (see Note 2 to Chapter 22) not exceeding 0.5% volume. **SUB-HEADING** **NOTES** **:** 1. For the purposes of sub-heading 2005 10, the expression ―homogenised vegetables‖ means preparations of vegetables, finely homogenised, put up for retail sale as food suitable for infants or young children or for dietetic purposes, in containers of a net weight content not exceeding 250 g. For the application of this definition no account is to be taken of small quantities of any ingredients which may have been added to the preparation for seasoning, preservation or other purposes. These preparations may contain a small quantity of visible pieces of vegetables. Sub-heading 2005 10 takes precedence over all other sub-headings of heading 2005. 2. For the purposes of sub-heading 2007 10, the expression ―homogenised preparations‖ means preparations of fruit, finely homogenised, put up for retail sale as food suitable for infants or young children or for dietetic purposes, in containers of a net weight content not exceeding 250 g. For the application of this definition no account is to be taken of small quantities of any ingredients which may have been added to the preparation for seasoning, preservation or other purposes. These preparations may contain a small quantity of visible pieces of fruit. Sub-heading 2007 10 takes precedence over all other Sub-headings of heading 2007. 3. For the purposes of sub-headings 2009 12, 2009 21, 2009 31, 2009 41, 2009 61 and 2009 71, the expression ―Brix value‖ means the direct reading of degrees Brix obtained from a Brix hydrometer or of ----- **SECTION-IV** **CHAPTER-20** refractive index expressed in terms of percentage sucrose content obtained from a refractometer, at a temperature of 20°C or corrected for 20°C if the reading is made at a different temperature. **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard** **Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **2001** **VEGETABLES,** **FRUIT,** **NUTS** **AND** **OTHER** **EDIBLE** **PARTS OF PLANTS,** **PREPARED OR PRESERVED BY** **VINEGAR OR ACETIC ACID** 2001 10 00 - Cucumbers and gherkins kg. 30% 2001 90 00 - Other kg. 30% **2002** **TOMATOES** **PREPARED** **OR** **PRESERVED** **OTHERWISE** **THAN BY VINEGAR OR ACETIC ACID** 2002 10 00 - Tomatoes, whole or in pieces kg. 30% 2002 90 00 - Other kg. 30% **2003** **MUSHROOMS** **AND** **TRUFFLES,** **PREPARED** **OR** **PRESERVED OTHERWISE THAN BY VINEGAR OR** **ACETIC ACID** 2003 10 00 - Mushrooms of the genus Agaricus kg. 30% 2003 90 - Other: 2003 90 10 --- Truffles kg. 30% 2003 90 90 --- Other kg. 30% **2004** **OTHER VEGETABLES PREPARED** **OR PRESERVED** **OTHERWISE THAN BY VINEGAR OR ACETIC** **ACID, FROZEN, OTHER THAN PRODUCTS OF** **HEADING 2006** 2004 10 00 - Potatoes kg. 35% 2004 90 00 - Other vegetables and mixtures of vegetables kg. 30% **2005** **OTHER** **VEGETABLES** **PREPARED** **OR** **PRESERVED** **OTHERWISE THAN BY VINEGAR OR ACETIC** **ACID,** **NOT** **FROZEN,** **OTHER** **THAN** **PRODUCTS** **OF** **HEADING 2006** 2005 10 00 - Homogenised vegetables kg. 30% 2005 20 00 - Potatoes kg. 30% 2005 40 00 - Peas _(pisum, sativum)_ kg. 30% - _Beans (Vigna spp. Phaseolus spp.):_ 2005 51 00 -- Beans, shelled kg. 30% 2005 59 00 -- Other kg. 30% ----- **SECTION-IV** **CHAPTER-20** **(1)** **(2)** **(3)** **(4)** **(5)** 2005 60 00 - Asparagus kg. 30% 2005 70 00 - Olives kg. 30% 2005 80 00 2005 91 00 - Sweet corn _(Zea mays var. saccharata)_ Other vegetables and mixtures of vegetables: Bamboo shoots kg. kg. 30% 30% 2005 99 00 -- Other kg. 30% **2006 00 00** **VEGETABLES, FRUITS, NUTS, FRUIT-PEEL AND** **OTHER PARTS OF PLANTS, PRESERVED BY SUGAR** **(DRAINED, GLACE** **OR** **CRYSTALLISED)** **2007** **JAMS, FRUIT** **JELLIES, MARMALADES,** **FRUITOR NUT** **PUREE AND FRUIT OR NUT PASTES, OBTAINED BY** **COOKING,** **WHETHER** **OR** **NOT** **CONTAINING** **ADDED** **SUGAR OR OTHER SWEETENING MATTER** kg. 30% 2007 10 00 2007 91 00 - Homogenised preparations _Other :_ Citrus fruit kg. kg. 30% 30% 2007 99 -- Other: 2007 99 10 --- Mango kg. 30% 2007 99 20 --- Guava kg. 30% 2007 99 30 --- Pine apple kg. 30% 2007 99 40 --- Apple kg. 30% 2007 99 90 --- Other kg. 30% **2008** **FRUIT, NUTS AND OTHER EDIBLE PARTS OF PLANTS,** **OTHERWISE PREPARED OR PRESERVED, WHETHER OR** **NOT** **CONTAINING** **ADDED** **SUGAR** **OR** **OTHER** **SWEETENING** **MATTER** **OR** **SPIRIT,** **NOT** **ELSEWHERE** **SPECIFIED OR INCLUDED** - _Nuts, ground-nuts and other seeds, whether or_ _not mixed together :_ 2008 11 00 -- Ground-nuts kg. 30% 2008 19 -- _Other, including mixtures:_ 2008 19 10 --- Cashew nut, roasted, salted or roasted kg. 45% 2008 19 20 -- and salted Other roasted nuts and seeds kg. 30% 2008 19 30 --- Other nuts, otherwise prepared or preserved kg. 30% 2008 19 40 --- Other roasted and fried vegetable products kg. 30% 2008 19 90 --- Other kg. 30% 2008 20 00 - Pineapples kg. 30% 2008 30 - _Citrus fruit :_ 2008 30 10 --- Orange kg. 30% 2008 30 90 --- Other kg. 30% ----- **SECTION-IV** **CHAPTER-20** **(1)** **(2)** **(3)** **(4)** **(5)** 2008 40 00 - Pears kg. 30% 2008 50 00 - Apricots kg. 30% 2008 60 00 - Cherries kg. 30% 2008 70 00 - Peaches, including nectarines kg. 30% 2008 80 00 2008 91 00 - Strawberries _Other, including mixtures other than those of_ _sub-heading 2008 19 :_ Palm hearts kg. kg. 30% 30% 2008 93 00 -- Cranberries (Vaccinium macrocarpon, Vaccinium kg. 30% _oxycoccos); lingonberries (Vaccinium vitis-idaea)_ 2008 97 00 -- Mixtures kg. 30% 2008 99 -- _Other:_ --- _Squash :_ 2008 99 11 ---- Mango kg. 30% 2008 99 12 ---- Lemon kg. 30% 2008 99 13 ---- Orange kg. 30% 2008 99 14 ---- Pineapple kg. 30% 2008 99 19 2008 99 91 --- -- --- Other _Other :_ Fruit cocktail kg. kg. 30% 30% 2008 99 92 ---- Grapes kg. 30% 2008 99 93 ---- Apples kg. 30% 2008 99 94 ---- Guava kg. 30% 2008 99 99 ---- Other kg. 30% **2009** **FRUIT OR NUT JUICES (INCLUDING GRAPE MUST AND** **COCONUT WATER) AND VEGETABLE JUICES, UNFERMENTED** **AND NOT CONTAINING ADDED SPIRIT, WHETHER OR NOT** **CONTAINING ADDED SUGAR OR OTHER SWEETENING** **MATTER** - _Orange juice :_ 2009 11 00 -- Frozen kg. 35% 2009 12 00 -- Not frozen, of a Brix value not exceeding 20 kg. 35% 2009 19 00 2009 21 00 2009 29 00 2009 31 00 2009 39 00 2009 41 00 - - - - - - Other _Grapefruit juice; pomelo juice:_ Of a Brix value not exceeding 20 Other _Juice of any other single citrus fruit:_ Of a Brix value not exceeding 20 Other _Pineapple juice :_ Of a Brix value not exceeding 20 kg. kg. kg. kg. kg. kg. 35% 50% 50% 50% 50% 50% 2009 49 00 -- Other kg. 50% 2009 50 00 - Tomato juice kg. 50% - _Grape_ _juice_ _(including grape_ _must):_ ----- **SECTION-IV** **CHAPTER-20** **(1)** **(2)** **(3)** **(4)** **(5)** 2009 61 00 -- Of a Brix value not exceeding 30 kg. 50% 2009 69 00 2009 71 00 2009 79 00 2009 81 00 2009 89 - - - - - Other _Apple juice :_ Of a Brix value not exceeding 20 Other _Juice of any other single fruit, nut or vegetable:_ Cranberries (Vaccinium macrocarpon, Vaccinium _oxycoccos) juice; lingonberries (Vaccinium vitis-_ _idaea)Vaccinium vitis-idaea ) juice_ Other: kg. kg. kg. kg. 50% 50% 50% 50% 2009 89 10 --- Mango juice kg. 50% 2009 89 90 --- Other kg. 50% 2009 90 00 - Mixtures of juices kg. 50% ----- **SECTION-IV** **CHAPTER-21** **CHAPTER** **21** **_Miscellaneous edible preparations_** **NOTES** **:** 1. This Chapter does not cover: (a) mixed vegetables of heading 0712; (b) roasted coffee substitutes containing coffee in any proportion (heading 0901); (c) flavoured tea (heading 0902); (d) spices or other products of headings 0904 to 0910; (e) food preparations, other than the products described in heading 2103 or 2104, containing more than 20 % by weight of sausage, meat, meat offal, blood, insect, fish or crustaceans, molluscs or other aquaticinvertebrates, or any combination thereof (Chapter 16); (f) products of heading 2404; (g) yeast put up as a medicament or other products of heading 3003 or 3004; or (h) prepared enzymes of heading 3507. 2. Extracts of the substitutes referred to in Note 1 (b) above are to be classified in heading 2101. 3. For the purposes of heading 2104, the expression ―homogenised composite food preparations‖ means preparations consisting of a finely homogenised mixture of two or more basic ingredients such as meat, fish, vegetables, fruit or nuts, put up for retail sale as food suitable for infants or young children or for dietetic purposes, in containers of a net weight content not exceeding 250g . For the application of this definition, no account is to be taken of small quantities of any ingredients which may be added to the mixture for seasoning, preservation or other purposes. Such preparations may contain a small quantity of visible pieces of ingredients. **SUPPLEMENTRY** **NOTES** **:** 1. In this Chapter, ―Pan masala‖ means any preparation containing betel nuts and any one or more of the following ingredients, namely: lime, katha (catechu) and tobacco whether or not containing any other ingredient, such as cardamom, copra or menthol. 2. In this Chapter ―betel nut product known as Supari‖ means any preparation containing betel nuts, but not containing any one or more of the following ingredients, namely: lime, katha (catechu) and tobacco whether or not containing any other ingredients, such as cardamom, copra or menthol. 3. For the purposes of tariff item 2106 90 11, the expression ―Sharbat‖ means any non-alcoholic sweetened beverage or syrup containing not less than 10% fruit juice or flavoured with non-fruit flavours, such as rose, Khus, Kevara, but not including aerated preperations. 4. Tariff item 2106 90 50, inter alia, includes preparations for lemonades or other beverages, consisting, for example, of flavoured or coloured syrup, syrup flavoured with an added concentrated extract, syrup flavoured with fruit juice and intended for use in the manufacture of aerated water, such as in automatic vending machines. 5. Heading 2106 (except tariff items 2106 90 20 and 2106 90 30), inter alia, includes: ----- **SECTION-IV** **CHAPTER-21** (a) protein concentrates and textured protein substances; (b) preparations for use, either directly or after processing (such as cooking, dissolving or boiling in water, milk or other liquids), for human consumption; (c) preparations consisting wholly or partly of foodstuffs, used in the making of beverages of food preparations for human consumption; (d) powders for table creams, jellies, ice-creams and similar preparations, whether or not sweetened; (e) flavouring powders for making beverages, whether or not sweetened; (f) preparations consisting of tea or coffee and milk powder, sugar and any other added ingredients; (g) preparations (for example, tablets) consisting of saccharin and foodstuff, such as lactose, used for sweetening purposes; (h) pre-cooked rice, cooked either fully or partially and their dehydrates; and (i) preparations for lemonades or other beverages, consisting, for example, of flavoured or coloured syrups, syrup flavoured with an added concentrated extract, syrup flavoured with fruit juices and concentrated fruit juice with added ingredients. 6. Tariff item 2106 90 99 includes sweet meats commonly known as ―Misthans‖ or ―Mithai‖ or called by any other name. They also include products commonly known as ―Namkeens‖, ―mixtures‖, ―Bhujia‖, ―Chabena‖ or called by any other name. Such products remain classified in these sub-headings irrespective of the nature of their ingredients. **Tariff Item** **Description of goods** **Unit** **Rate of d uty** **Standard Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **2101** **EXTRACTS,** **ESSENCES** **AND** **CONCENTRATES,** **OF** **COFFEE,** **TEA** **OR** **MATE** **AND** **PREPARATIONS** **WITH A BASIS OF THESE PRODUCTS OR WITH A** **BASIS OF COFFEE,** **TEA OR MATE;** **ROASTED** **CHICORY AND OTHER ROASTED COFFEE** **SUBSTITUTES,** **AND EXTRACTS,** **ESSENCES** **AND CONCENTRATES THEREOF** - _Extracts, essences and concentrates of coffee,_ _and preparations with a basis of these_ _extracts, essences or concentrates or with a_ _basis of coffee :_ 2101 11 -- _Extracts, essences and concentrates:_ 2101 11 10 --- Instant coffee, flavoured kg. 30% 2101 11 20 --- Instant coffee, not flovered kg. 30% 2101 11 30 --- Coffee aroma kg. 30% 2101 11 90 --- Other kg. 30% 2101 12 00 -- Preparations with basis of extracts, essences, concentrates or with a basis of coffee kg. 30% ----- **SECTION-IV** **CHAPTER-21** **(1)** **(2)** **(3)** **(4)** **(5)** 2101 20 2101 20 10 -- _Extracts, essences and concentrates, of tea_ _or mate, and preparations with a basis of_ _these extracts, essences or concentrates or_ _with a basis of tea or mate :_ Instant tea kg. 30% 2101 20 20 --- Quick brewing black tea kg. 30% 2101 20 30 --- Tea aroma kg. 30% 2101 20 90 --- Other kg. 30% 2101 30 - _Roasted chicory and other roasted coffee_ _substitutes, and extracts, essences and_ _concentrates thereof :_ 2101 30 10 --- Roasted chicory kg. 30% 2101 30 20 --- Roasted coffee substitutes kg. 30% 2101 30 90 --- Other kg. 30% **2102** **YEASTS** **(ACTIVE** **OR** **INACTIVE);** **OTHER** **SINGLE** **CELL MICRO-ORGANISMS,** **DEAD (BUT NOT** **INCLUDING** **VACCINES** **OF HEADING** **3002);** **PREPARED BAKING POWDERS** 2102 10 - _Active yeasts :_ 2102 10 10 --- Culture yeast kg. 30% 2102 10 20 --- Baker‗s yeast kg. 30% 2102 10 90 --- Other kg. 30% 2102 20 00 - Inactive yeasts, other single-cell kg. 30% kg. 2102 30 00 micro-organisms, dead Prepared baking powders 30% **2103** **SAUCES AND PREPARATIONS THEREFOR;** **MIXED** **CONDIMENTS** **AND** **MIXED** **SEASONINGS;** **MUSTARD FLOUR AND MEAL AND PREPARED** **MUSTARD** 2103 10 00 - Soya sauce kg. 30% 2103 20 00 - Tomato ketchup and other tomato sauces kg. 30% 2103 30 00 - Mustard flour and meal and prepared mustard kg. 30% 2103 90 - _Other:_ 2103 90 10 --- Curry paste kg. 30% 2103 90 20 --- Chilli sauce kg. 30% 2103 90 30 --- Majonnaise and salad dressings kg. 30% 2103 90 40 --- Mixed, condiments and mixed seasoning kg. 30% 2103 90 90 --- Other kg. 30% **2104** **SOUPS AND BROTHS AND PREPARATIONS** **THEREFOR;** **HOMOGENISED** **COMPOSITE** **FOOD** **PREPARATIONS** 2104 10 - _Soups and broths and preparations therefor:_ ----- **SECTION-IV** **CHAPTER-21** **(1)** **(2)** **(3)** **(4)** **(5)** 2104 10 10 --- Dried kg. 30% 2104 10 90 --- Other kg. 30% 2104 20 00 - Homogenised composite food preparations kg. 30% **2105 00 00** **ICECREAM** **AND** **OTHER** **EDIBLE** **ICE,** **WHETHER** kg. 30% **OR NOT CONTAINING COCOA** **2106** **FOOD** **PREPARATIONS** **NOT** **ELSEWHERE** **SPECIFIED** **OR INCLUDED** 2106 10 00 2106 90 Protein concentrates and textured protein substances _Other:_ kg. 40% --- _Soft drink concentrates :_ 2106 90 11 ---- Sharbat kg. 150% 2106 90 19 ---- Other kg. 150% 2106 90 20 --- Pan masala kg. 150% 2106 90 30 --- Betel nut product known as ―Supari‖ kg. 150% 2106 90 40 2106 90 50 2106 90 60 2106 90 40 --- Sugar-syrups containing added flavouring or kg. 150% colouring matter, not elsewhere specified or included; lactose syrup; glucose syrup and malto dextrine syrup 2106 90 50 --- Compound preparations for making kg. 150% non-alcoholic beverages 2106 90 60 --- Food flavouring material kg. 150% 2106 90 70 --- Churna for pan kg. 150% -- -- -- 2106 90 80 2106 90 91 ---- --- Custard powder _Other :_ Diabetic foods kg. kg. 150% 150% 2106 90 92 ---- Sterilized or pasteurized millstone kg. 150% 2106 90 99 ---- Other kg. 150% ----- **SECTION-IV** **CHAPTER-22** **CHAPTER** **22** **_Beverages, spirits and vinegar_** **NOTES** **:** 1. This Chapter does not cover: (a) products of this Chapter (other than those of heading 2209) prepared for culinary purposes and thereby rendered unsuitable for consumption as beverages (generally heading 2103); (b) sea water (heading 2501); (c) distilled or conductivity water or water of similar purity (heading 2853); (d) acetic acid of concentration exceeding 10 % by weight of acetic acid (heading 2915); (e) medicaments of heading 3003 or 3004; or (f) perfumery or toilet preparations (Chapter 33). 2. For the purposes of this Chapter and of Chapters 20 and 21, the ―alcoholic strength by volume‖ shall be determined at a temperature of 20° C. 3. For the purposes of heading 2202, the term ―non-alcoholic beverages‖ means beverages of an alcoholic strength by volume not exceeding 0.5 % vol. Alcoholic beverages are classified in headings 2203 to 2206 or heading 2208 as appropriate. **SUB-HEADING** **NOTE** **:** For the purposes of sub-heading 2204 10, the expression ―sparkling wine‖ means wine which, when kept at a temperature of 20°C in closed containers, has an excess pressure of not less than 3 bars. **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard** **Prefer-** **ential** **(1)** **(2)** **(3)** **(4)** **(5)** **2201** **WATERS,** **INCLUDING** **NATURAL** **OR** **ARTIFICIAL** **MINERAL WATERS AND AERATED WATERS, NOT** **CONTAINING ADDED SUGAR OR OTHER** **SWEETENING MATTER NOR FLAVOURED;** **ICE** **AND SNOW** 2201 10 - _Mineral waters and aerated waters :_ 2201 10 10 --- Mineral waters _l_ 30% 2201 10 20 --- Aerated waters _l_ 30% 2201 90 - _Other :_ 2201 90 10 --- Ice and snow _l_ 30% 2201 90 90 --- Other _l_ 30% **2202** **WATERS,** **INCLUDING** **MINERAL** **WATERS** **AND** **AERATED WATERS,** **CONTAINING ADDED SUGAR** **OR OTHER SWEETENING MATTER OR FLAVOURED,** ----- **SECTION-IV** **CHAPTER-22** **(1)** **(2)** **(3)** **(4)** **(5)** **AND OTHER NON-ALCOHOLIC BEVERAGES,** **NOT** **INCLUDING FRUIT, NUT OR VEGETABLE JUICES OF** **HEADING** **2009** 2202 10 - _Waters, including mineral waters and aerated_ _waters, containing added sugar or other_ _sweetening matter or flavoured :_ 2202 10 10 --- Aerated waters _l_ 30% 2202 10 20 --- Lemonade _l_ 30% 2202 10 90 -- Other _Other :_ _l_ 30% 2202 91 00 -- Non alcoholic beer _l_ 30% 2202 99 -- Other: 2202 99 10 --- Soya milk drinks, whether or not sweetened _l_ 30% or flavoured 2202 99 20 --- Fruit pulp or fruit juice based drink _l_ 30% 2202 99 30 --- Beverages containing milk _l_ 30% 2202 99 90 --- Other _l_ 30% **2203 00 00** **BEER MADE** **FROM** **MALT** _l_ 100% **2204** **WINE** **OF** **FRESH** **GRAPES,** **INCLUDING** **FORTIFIED** **WINES;** **GRAPE MUST OTHER THAN THAT OF** **HEADING** **2009** 2204 10 00 - Sparkling wine _l_ 150% - _Other wine; grape must with fermentation_ _prevented or arrested by the addition of alcohol :_ 2204 21 _-- In containers holding 2 l or less:_ 2204 21 10 --- Port and other red wines _l_ 150% 2204 21 20 --- Sherry and other white wines _l_ 150% 2204 21 90 --- Other _l_ 150% 2204 22 -- _In containers holding more than 2 l but not more_ _than 10 l:_ 2204 22 10 --- Port and other red wines _l_ 150% 2204 22 20 --- Sherry and other white wines _l_ 150% 2204 22 90 --- Other _l_ 150% 2204 29 -- Other : 2204 29 10 --- Port and other red wines _l_ 150% 2204 29 20 --- Sherry and other white wines _l_ 150% 2204 29 90 --- Other _l_ 150% 2204 30 00 - Other grape must _l_ 150% **2205** **VERMOUTH** **AND** **OTHER** **WINE** **OF** **FRESH** **GRAPES FLAVOURED WITH PLANTS OR** **AROMATIC SUBSTANCES** 2205 10 00 - In containers holding 2 l or less _l_ 150% ----- **SECTION-IV** **CHAPTER-22** **(1)** **(2)** **(3)** **(4)** **(5)** 2205 90 00 - Other _l_ 150% **2206 00 00** **OTHER** **FERMENTED** **BEVERAGES** **(FOR** _l_ 150% **EXAMPLE,** **CIDER,** **PERRY,** **MEAD** **SAKE);** **MIXTURES** **OF FERMENTED BEVERAGES AND MIXTURES OF** **FERMENTED BEVERAGES AND NON-ALCOHOLIC** **BEVERAGES,** **NOT ELSEWHERE SPECIFIED** **OR INCLUDED** **2207** **UNDENATURED** **ETHYL** **ALCOHOL** **OF** **AN** **ALCOHOLIC STRENGTH BY VOLUME OF** **80%** **VOL.** **OR HIGHER;** **ETHYL ALCOHOL AND OTHER** **SPIRITS,** **DENATURED,** **OF ANY STRENGTH** 2207 10 - _Undenatured ethyl alcohol of an alcoholic_ _strength by volume of 80% vol. or higher:_ --- _Rectified spirit :_ 2207 10 11 ---- Concentrates of alcoholic beverages _l_ 150% 2207 10 19 ---- Other _l_ 150% 2207 10 90 --- Other _l_ 150% 2207 20 00 - Ethyl alcohol and other spirits, denatured, of any strength **2208** **UNDENATURED ETHYL ALCOHOL OF AN ALCOHOLIC** **STRENGTH BY VOLUME OF LESS THAN 80% VOL.;** **SPIRIT,** **LIQUEURS** **AND** **OTHER** **SPIRITNOUS** **BEVERAGES** 2208 20 - _Spirits obtained by distilling grape_ _wine or grape marc :_ _--- In containers holding 2 l or less:_ _l_ 5% 2208 20 11 ---- Brandy _l_ 150% 2208 20 19 --- -- Other Other _l_ 150% 2208 20 91 ---- Brandy _l_ 150% 2208 20 99 ---- Other _l_ 150% 2208 30 - _Whiskies :_ _l_ 150% --- _In containers holding 2_ l _or less :_ 2208 30 11 ---- Bourbon whiskey _l_ 150% 2208 30 12 ---- Scotch _l_ 150% 2208 30 13 ---- Blended _l_ 150% 2208 30 19 ---- Other _l_ 150% --- Other 2208 30 91 ---- Bourbon whiskey _l_ 150% 2208 30 92 ---- Scotch _l_ 150% ----- **SECTION-IV** **CHAPTER-22** **(1)** **(2)** **(3)** **(4)** **(5)** 2208 30 93 ---- Blended _l_ 150% 2208 30 99 ---- Other _l_ 150% 2208 40 - _Rum and other spirits obtained by distilling_ _fermented_ _sugarcane products:_ _--- In containers holding 2 l or less :_ 2208 40 11 ---- Rum _l_ 150% 2208 40 12 --- -- Other Other: _l_ 150% 2208 40 91 ---- Rum _l_ 150% 2208 40 92 ---- Other _l_ 150% --- Other 2208 50 - _Gin and Geneva :_ _--- In containers holding 2 l or less :_ 2208 5011 ---- Gin _l_ 150% 2208 50 12 ---- Geneva _l_ 150% --- Other : 2208 50 91 ---- Gin _l_ 150% 2208 50 92 ---- Geneva _l_ 150% 2208 60 00 - Vodka _l_ 150% 2208 70 - _Liqueurs and cordials :_ _--- In containers holding 2 l or less :_ 2208 70 11 ---- Liqueurs _l_ 150% 2208 70 12 ---- Cordials _l_ 150% --- _Other :_ 2208 70 91 ---- Liqueurs _l_ 150% 2208 70 92 ---- Cordials _l_ 150% 2208 90 - _Other :_ _--- In containers holding 2 l or less :_ 2208 90 11 ---- Tequila _l_ 150% 2208 90 12 ---- Indenatured ethyl alcohol _l_ 150% 2208 90 19 ---- Other _l_ 150% --- Other 2208 90 91 ---- Tequila _l_ 150% 2208 90 92 ---- Indenatured ethyl alcohol _l_ 150% 2208 90 99 ---- Other _l_ 150% **2209** **VINEGAR** **AND** **SUBSTITUTES** **FOR** **VINEGAR** **OBTAINED FROM ACETIC ACID** 2209 00 - _Vinegar and substitutes for vinegar_ _obtained from acetic acid:_ 2209 00 10 --- Brewed vinegar _l_ 30% 2209 00 20 --- Synthetic vinegar _l_ 30% 2209 00 90 --- Other _l_ 30% ----- **SECTION-IV** **CHAPTER-23** **CHAPTER** **23** **_Residues and waste from the food industries; prepared animal fodder_** **NOTE** **:** Heading 2309 includes products of a kind used in animal feeding, not elsewhere specified or included, obtained by processing vegetable or animal materials to such an extent that they have lost the essential characteristics of the original material, other than vegetable waste, vegetable residues and by-products of such processing. **SUB-HEADING** **NOTE** **:** For the purposes of sub-heading 2306 41, the expression ―low erucic acid rape or colza seeds‖ means seeds as defined in sub-heading Note 1 to Chapter 12. **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard** **Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **2301** **FLOURS, MEALS AND PELLETS,** **OF** **MEAT OR** **MEAT OFFAL, OF FISH OR OF CRUSTACEANS,** **MOLLUSCS OR OTHER AQUATIC INVERTEBRATES,** **UNFIT FOR HUMAN** **CONSUMPTION;** **GREAVES** 2301 10 - _Flours, meals and pellets, of meat or meat_ _offal; greaves :_ 2301 10 10 --- Meat meals and pellets (including tankage) kg. 15% 2301 10 90 --- Other (including greaves) kg. 15% 2301 20 - _Flours, meals and pellets, of fish or of_ _crustaceans, molluscs or other aquatic_ _invertebrates :_ --- _Fish meal, unfit for human consumption:_ 2301 20 11 ---- In powder form kg. 15% 2301 20 19 ---- Other kg. 15% 2301 20 90 --- Other kg. 15% ----- **SECTION-IV** **CHAPTER-23** **(1)** **(2)** **(3)** **(4)** **(5)** **2302** **BRAN,** **SHARPS** **AND** **OTHER** **RESIDUES,** **WHETHER** **OR NOT IN THE FORM OF** **PELLETS,** **DERIVED** **FROM** **THE SIFTING,** **MILLING OR** **OTHER** **WORKING OF** **CEREALS OR OF LEGUMINOUS PLANTS** 2302 10 - _Of maize (corn) :_ 2302 10 10 --- Maize bran kg. 15% 2302 10 90 --- Other kg. 15% 2302 30 00 - Of wheat kg. 15% 2302 40 00 - Of other cereals kg. 15% 2302 50 00 - Of leguminous plants kg. 15% **2303** **RESIDUES OF STARCH MANUFACTURE AND SIMILAR** **RESIDUES, BEET-PULP, BAGASSE AND OTHER WASTE** **OF SUGAR MANUFACTURE, BREWING OR DISTILLING** **DREGS AND WASTE,** **WHETHER OR NOT IN THE FORM** **OF PELLETS** 2303 10 00 - Residues of starch manufacture and kg. 15% similar residues 2303 20 00 - Beet-pulp, bagasse and other waste of sugar kg. 15% manufacture 2303 30 00 - Brewing or distilling dregs and waste kg. 15% **2304** **OIL-CAKE AND OTHER SOLID RESIDUES WHETHER** **OR NOT GROUND OR IN THE FORM OF PELLETS,** **RESULTING FROM THE EXTRACTION OF SOYABEAN** **OIL** 2304 00 - _Oil-cake and other solid residues whether or_ _not ground or in the form of pellets, resulting_ _from the extraction of soyabean oil:_ 2304 00 10 --- Oil-cake and oil-cake meal of soyabean, kg. 15% expeller variety 2304 00 20 --- Oil-cake of soyabean, solvent extracted kg. 15% (defatted) variety 2304 00 30 --- Meal of soyabean, solvent extracted (defatted) kg. 15% 2304 00 90 --- Other kg. 15% **2305** **OIL-CAKE AND** **OTHER** **SOLID** **RESIDUES,** **WHETHER** **OR NOT GROUND OR** **IN THE FORM OF PELLETS,** ----- **SECTION-IV** **CHAPTER-23** **(1)** **(2)** **(3)** **(4)** **(5)** **RESULTING FROM THE EXTRACTION OF** **GROUND-NUT OIL** 2305 00 - _Oil-cake and other solid residues, whether or_ _not ground or in the form of pellets, resulting_ _from the extraction of ground-nut oil:_ 2305 00 10 --- Oil-cake and oil-cake meal of ground-nut, kg. 15% expeller variety 2305 00 20 --- Oil-cake and oil-cake meal of ground-nut, kg. 15% solvent extracted variety (defatted) 2305 00 90 --- Other kg. 15% **2306** **OIL-CAKE** **AND** **OTHER** **SOLID** **RESIDUES, WHETHER OR** **NOT** **GROUND** **OR** **IN** **THE** **FORM** **OF** **PELLETS,** **RESULTING FROM THE EXTRACTION OF VEGETABLE OR** **MICROBIAL** **FATS** **OR** **OILS,** **OTHER** **THAN** **THOSE OF** **HEADING 2304 OR** **2305** 2306 10 - _Of cotton seeds :_ 2306 10 10 --- Oil-cake and oil-cake meal, decorticated kg. 15% expeller variety 2306 10 20 --- Oil-cake and oil-cake meal, decorticated, kg. 15% solvent extracted (defatted) variety 2306 10 30 --- Oil-cake and oil-cake meal, undecorticated, kg. 15% expeller variety 2306 10 40 --- Oil-cake and oil-cake meal, undecorticated, kg. 15% solvent extracted (defatted) variety 2306 10 90 --- Other kg. 15% 2306 20 - _Of linseed :_ 2306 20 10 --- Oil-cake and oil-cake meal, expeller variety kg. 15% 2306 20 20 --- Oil-cake and oil-cake meal, solvent extracted kg. 15% (defatted) variety 2306 20 90 --- Other kg. 15% 2306 30 - _Of sunflower seeds:_ 2306 30 10 --- Oil-cake and oil-cake meal, expeller variety kg. 15% 2306 30 20 --- Oil-cake and oil-cake meal, solvent extracted kg. 15% (defatted) variety ----- **SECTION-IV** **CHAPTER-23** **(1)** **(2)** **(3)** **(4)** **(5)** 15% 2306 30 90 --- Other kg. - _Of rape or colza seeds:_ 2306 41 00 -- Of low erucic acid rape or colza seeds kg. 15% 2306 49 00 -- Other kg. 15% 2306 50 - _Of coconut or copra :_ 2306 50 10 --- Oil-cake and oil-cake meal, expeller variety kg. 15% 2306 50 20 --- Oil-cake and oil-cake meal, solvent extracted kg. 15% (defatted) variety 2306 50 90 --- Other kg. 15% 2306 60 00 - Of palm nuts or kernels kg. 15% 2306 90 - _Other:_ --- _Oil-cake and oil-cake meal, expeller variety :_ 2306 90 11 ---- Of mowra seeds kg. 15% 2306 90 12 ---- Of mustard seeds kg. 15% 2306 90 13 ---- Of niger seeds kg. 15% 2306 90 14 ---- Of seasamum seeds kg. 15% 2306 90 15 ---- Of mango kernel kg. 15% 2306 90 16 ---- Of sal (de-oiled) kg. 15% 2306 90 17 ---- Of castor seeds kg. 15% 2306 90 18 ---- Of neem seeds kg. 15% 2306 90 19 ---- Of other seeds kg. 15% --- _Oil-cake and oil-cake meal, solvent extracted_ _(defatted) variety :_ 2306 90 21 ---- Of mustard seeds kg. 15% 2306 90 22 ---- Of niger seeds kg. 15% 2306 90 23 ---- Of cardi seeds kg. 15% 2306 90 24 ---- Of seasamum seeds kg. 15% 2306 90 25 ---- Of mango kernel kg. 15% 2306 90 26 ---- Of sal (de-oiled) kg. 15% 2306 90 27 ---- Of castor seeds kg. 15% 2306 90 28 **---- Of neem seeds** kg. 15% 2306 90 29 ---- Of other seeds kg. 15% 2306 90 30 --- Residues babool seed extraction kg. 15% 2306 90 90 --- Other kg. 15% ----- **SECTION-IV** **CHAPTER-23** **(1)** **(2)** **(3)** **(4)** **(5)** 15% **2307 00 00** **WINE LEES;** **ARGOL** kg. **2308 00 00** **VEGETABLE MATERIALS AND VEGETABLE WASTE,** **VEGETABLE** **RESIDUES** **AND** **BY-PRODUCTS,** **WHETHER** **OR** **NOT** **IN** **THE** **FORM** **OF** **PELLETS,** **OF** **A KIND USED IN ANIMAL FEEDING,** **NOT ELSEWHERE** **SPECIFIED OR INCLUDED** **2309** **PREPARATIONS** **OF** **A** **KIND** **USED** **IN** **ANIMAL** **FEEDING** kg. 15% 2309 10 00 - Dog or cat food, put up for retail sale kg. 20% 2309 90 - _Other :_ 2309 90 10 --- Compounded animal feed kg. 15% 2309 90 20 --- Concentrates for compound animal feed kg. 15% _-_ _--- Feeds for fish (prawn, etc.) :_ 2309 90 31 ---- Prawn and shrimps feed kg. 15% 2309 90 32 ---- Fish feed in powdered form kg. 15% 2309 90 39 ---- Other kg. 15% 2309 90 90 --- Other kg. 15% ----- **SECTION-IV** **CHAPTER-24** **CHAPTER** **24** **_Tobacco and manufactured tobacco substitutes; products, whether or not containing_** **_nicotine, intended for inhalation without combustion; other nicotine containing_** **_products intended for the intake of nicotine into the human body_** **NOTE** **:** (1) This Chapter does not cover medicinal cigarettes (Chapter 30). (2) Any products classifiable in heading 2404 and any other heading of the Chapter are to be classified in heading 2404. (3) For the purposes of heading 2404, the expression ―inhalation without combustion‖ means inhalation through heated delivery or other means, without combustion. **SUB-HEADING Note:** For the purposes of sub-heading 2403 11, the expression ―water pipe tobacco‖ means tobacco intended for smoking in a water pipe and which consists of a mixture of tobacco and glycerol, whether or not contain-ing aromatic oils and extracts, molasses or sugar, and whether or not flavoured with fruit. However, tobacco-free products intended for smoking in a water pipe are excluded from this sub-heading. **SUPPLEMENTRY** **NOTES** **:** For the purposes of this Chapter: (1) ―tobacco‖ means any form of tobacco, whether cured or uncured and whether manufactured or not, and includes the leaf, stalks and stems of the tobacco plant, but does not include any part of a tobacco plantwhile still attached to the earth. (2) ―cut-tobacco‖ means the prepared or processed cut-to-size tobacco which is generally blended or moisturised to a desired extent for use in the manufacture of machine - rolled cigarettes. (3) ―smoking mixtures for pipes and cigarettes‖ of sub-heading 2403 10 does not cover ― Gudaku‖. **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard** **Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **2401** **UNMANUFACTURED** **TOBACCO;** **TOBACCO** **REFUSE** 2401 10 - _Tobacco, not stemmed or stripped :_ 2401 10 10 --- Flue cured virginia tobacco kg. 30% 2401 10 20 --- Sun cured country (natu) tobacco kg. 30% 2401 10 30 --- Sun cured virginia tobacco kg. 30% 2401 10 40 --- Burley tobacco kg. 30% 2401 10 50 --- Tobacco for manufacture of biris, not kg. 30% stemmed 2401 10 60 --- Tobacco for manufacture of chewing kg. 30% tobacco 2401 10 70 --- Tobacco for manufacture of cigar and kg. 30% cheroot 2401 10 80 --- Tobacco for manufacture of hookah kg. 30% tobacco 2401 10 90 --- Other kg. 30% 2401 20 _Tobacco partly or wholly stemmed or_ ----- **SECTION-IV** **CHAPTER-24** **(1)** **(2)** **(3)** **(4)** **(5)** 2401 20 10 --- Flue cured virginia tobacco kg. 30% 2401 20 20 --- Sun cured country (natu) tobacco kg. 30% 2401 20 30 --- Sun cured virginia tobacco kg. 30% 2401 20 40 --- Burley tobacco kg. 30% 2401 20 50 --- Tobacco for manufacture of biris kg. 30% 2401 20 60 --- Tobacco for manufacture of kg. 30% chewing tobacco 2401 20 70 --- Tobacco for manufacture of cigar kg. 30% and cheroot 2401 20 80 --- Tobacco for manufacture of kg. 30% hookah tobacco 2401 20 90 --- Other kg. 30% 2401 30 00 - Tobacco refuse kg. 30% **2402** **CIGARS,** **CHEROOTS,** **CIGARILLOS** **AND CIGARETTES,** **OF** **TOBACCO** **OR** **OF** **TOBACCO SUBSTITUTES** 2401 20 70 2401 20 80 2401 20 90 -- -- -- 2402 10 2402 10 10 -- _Cigars, cheroots and cigarillos, containing_ _tobacco :_ Cigar and cheroots Tu 60% 2402 10 20 --- Cigarillos Tu 60% 2402 20 - _Cigarettes,_ _containing_ _tobacco :_ 2402 20 10 --- Other than filter cigarettes, of length not Tu 30% 2402 20 20 2402 20 30 2402 20 40 2402 20 50 -- -- -- -- exceeding 65 millimetres Other than filter cigarettes, of length exceeding 65 millimetres but not exceeding 70 millimetres Filter cigarettes of length (including the length of the filter, the length of filter being 11 millimetres or its actual length, whichever is more) not exceeding 65 millimetres Filter cigarettes of length (including the length of the filter, the length of filter being 11 millimetres or its actual length, whichever is more) exceeding 65 millimetres but not exceeding 70 millimetres Filter cigarettes of length (including the length of the filter, the length of filter being 11 millimetres or its actual length, whichever is more) exceeding 70 millimetres but not exceeding 75 millimetres Tu Tu Tu Tu 30% 30% 30% 30% ----- **SECTION-IV** **CHAPTER-24** **(1)** **(2)** **(3)** **(4)** **(5)** 2402 20 90 --- Other Tu 30% 2402 90 - _Other :_ 2402 90 10 --- Cigarettes of tobacco substitutes Tu 30% 2402 90 20 --- Cigarillos of tobacco substitutes Tu 30% 2402 90 90 --- Other Tu 30% **2403** **OTHER** **MANUFACTURED** **TOBACCO** **AND MANUFACTURED** **TOBACCO** **SUBSTITUTES;** **―HOMOGENISED‖** **OR** **―RECONSTITUTED‖** **TOBACCO;** **TOBACCO** **EXTRACTS** **AND ESSENCES** - Smoking tobacco, whether or not containing tobacco substitutes in any proportion : 2403 11 -- Water pipe tobacco specified in Sub-heading Note to this Chapter: 2403 11 10 --- Hookah or gudaku tobacco kg. 30% 2403 11 90 --- Other kg. 30% 2403 19 -- Other: 2403 19 10 --- Smoking mixtures for pipes and cigarettes kg. 30% --- Biris: 2403 19 21 ---- Other than paper rolled biris, manufactured without Tu 30% the aid of machine 2403 19 29 ---- Other Tu 30% 2403 19 90 --- Other kg. 30% - _Other :_ 2403 91 00 -- ―Homogenised‖ or ―reconstituted‖ tobacco kg. 30% 2403 99 -- _Other :_ 2403 99 10 --- Chewing tobacco kg. 30% 2403 99 20 --- Preparations containing chewing tobacco kg. 30% 2403 99 30 --- Jarda scented tobacco kg. 30% 2403 99 40 --- Snuff kg. 30% 2403 99 50 --- Preparations containing snuff kg. 30% 2403 99 60 --- Tobacco extracts and essence kg. 30% 2403 99 70 --- Cut-tobacco kg. 30% 2403 99 90 --- Other kg. 30% **2404** **PRODUCTS** **CONTAINING** **TOBACCO,** **RECONSTITUTED** **TOBACCO,** **NICOTINE,** **OR** **TOBACCO** **OR** **NICOTINE** **SUBSTITUTES,** **INTENDED** **FOR** **INHALATION** **WITHOUT** **COMBUSTION;** **OTHER** **NICOTINE** **CONTAINING** **PRODUCTS INTENDED FOR** **THE INTAKE OF** **NICOTINE** **INTO THE HUMAN BODY** - _Products intended for inhalation without combustion:_ 2404 11 00 -- Containing tobacco or reconstituted tobacco kg. 30% 2404 12 00 -- Other, containing nicotine kg. 30% 2404 19 00 -- Other kg. 30% - _Other:_ 2404 91 00 -- For oral application kg. 30% 2404 92 00 -- For transdermal application kg. 30% ----- **SECTION-V** **CHAPTER-25** **SECTION V** **MINERAL PRODUCTS** **CHAPTER 25** **_Salt; sulphur; earths and stone; plastering materials, lime and cement_** **NOTES:** 1. Except where their context or Note 4 to this Chapter otherwise requires, the headings of this Chapter cover only products which are in the crude state or which have been washed (even with chemical substances eliminatingthe impurities without changingthe structure of the product), crushed, ground, powdered, levigated, sifted, screened, concentrated by flotation, magnetic separation or other mechanical or physical processes (except crystallization), but not products that have been roasted, calcined, obtained by mixing or subjected to processing beyond that mentioned in each heading. The products of this Chapter may contain an added anti-dusting agent, provided that such addition does not render the product particularly suitable for specific use rather than for general use. 2. This Chapter does not cover : (a) sublimed sulphur, precipitated sulphur and colloidal sulphur (heading 2802); (b) earth colours containing 70% or more by weight of combined iron evaluated as Fe2O3 (heading 2821); (c) medicaments and other products of Chapter 30; (d) perfumery, cosmetic or toilet preparations (Chapter 33); (e) dolomite ramming mix (heading 3816); (f) setts, curbstones and flagstones (heading 6801); mosaic cubes or the like (heading 6802); roofing, facing or damp course slates (heading 6803); (g) precious or semi-precious stones (heading 7102 or 7103); (h) cultured crystals (other than optical elements) weighing not less than 2.5g each, of sodium chloride or of magnesium oxide, of heading 3824; optical elements of sodium chloride or of magnesium oxide (heading 9001); (ij) billiard chalks (heading 9504); or (k) writing or drawing chalks and tailors‗ chalks (heading 9609). 3. Any products classifiable in heading 2517 and any other heading of this Chapter are to be classified in heading 2517. 4. Heading 2530 applies, inter alia, to : vermiculite, perlite and chlorites, unexpanded; earth colours, whether or not calcined or mixed together; natural micaceous iron oxides; meerschaum (whether or not in polished pieces); amber; agglomerated meerschaum and agglomerated amber, in plates, rods, sticks or similar forms, not worked after moulding; jet; strontianite (whether or not calcined), other than strontium oxide; broken pieces of pottery, brick or concrete. ----- **SECTION-V** **CHAPTER-25** **SUPPLEMENTARY** **NOTE** **:** In heading 2523, ―sagol‖ means cement obtained by heating limestone and burnt coal in a kiln; and ―ashmoh‖ means cement obtained by fine grinding of paddy husk, ash and hydrated lime with an additive. **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard** **Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **2501** **SALT** **(INCLUDING** **TABLE** **SALT** **AND** **DENATURED** **SALT) AND** **PURE SODIUM** **CHLORIDE,** **WHETHER OR** **NOT** **IN** **AQUEOUS SOLUTION** **OR CONTAINING ADDED** **ANTI-CAKING** **OR** **FREE** **FLOWING** **AGENTS;** **SEA** kg. 2501 00 2501 00 10 -- **WATER** _Salt (including table salt and denatured salt)_ _and pure sodium chloride, whether or not in_ _aqueous solution or containing added anti-_ _caking or free flowing agents;Sea water :_ Common salt (including iodised salt) 5% 2501 00 20 --- Rock salt kg. 5% 2501 00 90 --- Other kg. 5% **2502 00 00** **UNROASTED** **IRON** **PYRITES** kg. 5% **2503** **SULPHUR** **OF** **ALL** **KINDS,** **OTHER** **THAN** **SUBLIMED** **SULPHUR,** **PRECIPITATED** **SULPHUR** **AND** **COLLODIAL** **SULPHUR** 2503 00 - _Sulphur of all kinds, other than sublimed_ _sulphur, precipitated_ _sulphur and collodial_ _sulphur :_ 2503 00 10 --- Sulphur recovered as by-product in refining kg. 2.5% kg. 2503 00 90 -- of crude oil Other 5% **2504** **NATURAL** **GRAPHITE** 2504 10 - _In powder or in flakes :_ 2504 10 10 --- Graphite, crystalline kg. 5% 10% 2504 10 20 --- Graphite, amorphous kg. 5% 10% 2504 10 90 --- Other kg. 5% 10% 2504 90 - _Other :_ 2504 90 10 --- Graphite, micronised kg. 5% 10% 2504 90 90 --- Other kg. 5% 10% ----- **SECTION-V** **CHAPTER-25** **(1)** **(2)** **(3)** **(4)** **(5)** **2505** **NATURAL** **SANDS** **OF** **ALL** **KINDS,** **WHETHER** **OR** **NOT COLOURED,** **OTHER THAN METAL-BEARING** **SANDS** **OF** **CHAPTER** **26** 2505 10 - _Silica sands and quartz sands:_ --- _Silica sands :_ 2505 10 11 ---- Processed (white) kg. 5% 2505 10 12 ---- Processed (brown) kg. 5% 2505 10 19 ---- Other kg. 5% 2505 10 20 --- Quartz sands kg. 5% 2505 90 00 - Other kg. 5% **2506** **QUARTZ** **(OTHER** **THAN** **NATURAL** **SANDS);** **QUARTZITE, WHETHER OR NOT ROUGHLY** **TRIMMED OR MERELY CUT, BY SAWING OR** **OTHERWISE,** **INTO BLOCKS OR SLABS** **OF** **A** **RECTANGULAR** **(INCLUDING SQUARE)** **SHAPE** 2506 10 - _Quartz:_ 2506 10 10 --- In lumps kg. 5% 2506 10 20 --- In powder kg. 5% 2506 20 - _Quartzite_ _:_ 2506 20 10 --- In lumps kg. 5% 2506 20 20 --- In powder kg. 5% 2506 20 90 --- Other kg. 5% **2507** **KAOLIN** **AND** **OTHER** **KAOLINIC** **CLAYS,** **WHETHER** **OR NOT** **CALCINED** 2507 00 - _Kaolin and other kaolinic_ _clays,_ _whether_ _or not calcined :_ 2507 00 10 --- Crude kg. 5% --- _Other:_ 2507 00 21 ---- Pharmaceutical grade kg. 5% 2507 00 22 ---- Ceramic grade kg. 5% 2507 00 29 ---- Other kg. 5% **2508** **OTHER** **CLAYS** **(NOT** **INCLUDING** **EXPANDED** **CLAYS** **OF HEADING** **6806),** **ANDALUSITE,** **KYANITE AND** **SILLIMANITE,** **WHETHER OR NOT CALCINED; MULLITE;** **CHAMOTTE OR DINAS EARTHS** 2508 10 - _Bentonite :_ 2508 10 10 --- Crude kg. 5% 2508 10 90 --- Other (includes processed and ground) kg. 5% 2508 30 - _Fire clay :_ 2508 30 10 --- Non-plastic kg. 5% 2508 30 20 --- Semi-plastic kg. 5% ----- **SECTION-V** **CHAPTER-25** **(1)** **(2)** **(3)** **(4)** **(5)** 5% 2508 30 30 --- Plastic kg. 2508 30 90 --- Other kg. 5% 2508 40 - _Other_ _clays :_ 5% 2508 40 10 --- Ball clay kg. 5% 2508 40 20 --- Earth clay kg. 5% 2508 40 90 --- Other kg. 5% 2508 50 - _Andalusite,_ _kyanite_ _and sillimanite:_ 5% 2508 50 10 --- Andalusite kg. 5% --- _Kyanite :_ 2508 50 21 ---- Crude, other than calcined kg. 2508 50 22 ---- Processed, other than calcined (washed or kg. 5% ground or screened or beneficiated) 5% 2508 50 23 ---- Calcined kg. --- _Sillimanite :_ 5% 2508 50 31 ---- Lumps kg. 5% 2508 50 32 ---- Fines (including sand) kg. 5% 2508 50 39 ---- Other kg. 5% 2508 60 00 - Mullite kg. 5% 2508 70 00 - Chamotte or dinas earths kg. 5% **2509 00 00** **CHALK** kg. 5% **2510** **NATURAL** **CALCIUM** **PHOSPHATES,** **NATURAL** **ALUMINIUM CALCIUM PHOSPHATES AND** **PHOSPHATIC CHALK** 2510 10 - _Unground :_ 2510 10 10 --- Natural calcium phosphate kg. 2.5% 2510 10 20 --- Natural aluminium calcium phosphate kg. 2.5% 2510 10 30 --- Natural calcium phosphate apatite kg. 2.5% 2510 10 90 --- Other kg. 2.5% 2510 20 - _Ground :_ 2510 20 10 --- Natural calcium phosphates kg. 2.5% 2510 20 20 --- Natural aluminium calcium phosphate kg. 2.5% 2510 20 30 --- Natural calcium phosphates apatite kg. 2.5% 2510 20 90 --- Other kg. 2.5% **2511** 2511 10 **2511** **NATURAL** **BARIUM** **SULPHATE** **(BARYTES);** **NATURAL BARIUM CARBONATE (WITHERITE),** **WHETHER OR NOT CALCINED, OTHER THAN** **BARIUM OXIDE OF HEADING 2816** 2511 10 - _Natural barium sulphate (barytes):_ 2511 10 10 --- Lumps kg. 5% 2511 10 20 --- Powder kg. 5% 2511 10 90 --- Other kg. 5% 2511 20 00 - Natural barium carbonate (witherite) kg. 5% ----- **SECTION-V** **CHAPTER-25** **(1)** **(2)** **(3)** **(4)** **(5)** **2512** **-** **SILICEOUS** **FOSSIL** **MEALS** **(FOR** **EXAMPLE,** **KIESELGUHR,** **TRIPOLITE AND DIATOMITE)** **AND** **SIMILAR SILICEOUS EARTHS,** **WHETHEROR NOT** **CALCINED, OF AN APPARENT SPECIFICGRAVITY OF** **1** **OR LESS** 2512 00 - _Siliceous fossil meals (for example, kieselguhr,_ _tripolite and diatomite) and similar siliceous_ _earths, whether or not calcined, of an_ _apparent specific gravity of 1 or less :_ 2512 00 10 --- Kieselguhr kg. 5% 2512 00 20 --- Tripolite kg. 5% 2512 00 30 --- Diatomite kg. 5% 2512 00 90 --- Other kg. 5% **2513** **PUMICE** **STONES;** **EMERY;** **NATURAL** **CORUNDUM,** **NTURAL** **GARNET** **AND OTHER NATRUAL** **ABRASIVES,** **WHETHER OR NOT HEAT-TREATED** 2513 10 00 - _Pumice stone_ kg. 5% 2513 20 - _Emery, natural corundum,_ _natural garnet_ _and other natural abrasives :_ 2513 20 10 --- Emery kg. 5% 2513 20 20 --- Natural corundum kg. 5% 2513 20 30 --- Natural garnet kg. 5% 2513 20 90 --- Other kg. 5% **2514 00 00** **SLATE, WHETHER** **OR** **NOT** **ROUGHLY** **TRIMMED** **OR MERELY CUT,** **BY SAWING OR OTHERWISE,** **INTO BLOCKS OR SLABS** **OF** **A RECTANGULAR** **(INCLUDING SQUARE)** **SHAPE** **2515** **MARBLE,** **TRAVERTINE,** **ECAUSSINE** **AND** **OTHER** **CALCAREOUS MONUMENTAL OR BUILDING** **STONE OF** **AN** **APPARENT** **SPECIFIC** **GRAVITY** **OF** **2.5** **OR MORE,** **AND ALABASTER,** **WHETHER** **OR NOT ROUGHLY TRIMMED OR MERELY CUT,** **BY SAWING OR OTHERWISE,** **INTO BLOCKS** **OR SLABS OF A RECTANGULAR** **(INCLUDING** kg. 5% **SQUARE) SHAPE** _Marble and travertine :_ 2515 11 00 -- Crude or roughly trimmed kg. 40% 2515 12 -- Merely cut, by sawing or otherwise, into _blocks or slabs of a rectangular (including_ _square) shape :_ 2515 12 10 --- Blocks kg. 40% 2515 12 20 --- Slabs kg. 40% ----- **SECTION-V** **CHAPTER-25** **(1)** **(2)** **(3)** **(4)** **(5)** 2515 12 90 --- Other kg. 40% 2515 20 2515 20 10 -- _Ecaussine and other calcareous monumental_ _or building stone; alabaster :_ Alabaster kg. 10% 2515 20 90 --- Other kg. 10% **2516** **GRANITE,** **PORPHYRY,** **BASALT,** **SANDSTONE** **AND** **OTHER** **MONUMENTAL** **OR** **BUILDING** **STONE, WHETHER OR NOT ROUGHLY TRIMMED** **OR MERELY CUT,** **BY SAWING OR OTHERWISE,** **INTO BLOCKS OR SLABS** **OF** **A RECTANGULAR** **(INCLUDING SQUARE)** **SHAPE** - _Granite :_ 2516 11 00 -- Crude or roughly trimmed kg. 40% 2516 12 00 2516 20 00 - Merely cut, by sawing or otherwise, into blocks or slabs of a rectangular (including square) shape _Sandstone_ kg. kg. 40% 10% 2516 90 - _Other monumental or building stone :_ 2516 90 10 --- Pakur stone kg. 10% 2516 90 20 --- Stone boulders kg. 10% 2516 90 90 --- Other kg. 10% **2517** **PEBBLES,** **GRAVEL,** **BROKEN** **OR** **CRUSHED** **STONE,** **OF A KIND COMMONLY USED FOR CONCRETE** **AGGREGATES,** **FOR ROAD METALLING OR FOR RAILWAY** **OR OTHER BALLAST,** **SHINGLE AND FLINT,** **WHETHER** **OR NOT HEAT-TREATED;** **MACADAM OF SLAG,** **DROSS OR** **SIMILAR** **INDUSTRIAL** **WASTE,** **WHETHER** **OR** **NOT** **INCORPORATING** **THE** **MATERIALS** **CITED** **IN THE** **FIRST PART OF THE HEADING;** **TARRED MACADAM;** **GRANULES,** **CHIPPINGS AND POWDER,** **OF STONES OF** **HEADING** **2515** **OR** **2516,** **WHETHER OR NOT HEAT-** **TREATED** 2517 10 - _Pebbles, gravel, broken or crushed stone,_ _of a kind commonly used for concrete_ _aggregates, for road metalling or for railway_ _or other ballast, shingle and flint, whether_ _or not heat-treated :_ 2517 10 10 --- Pakur stone, crushed or broken kg. 5% 2517 10 20 --- Flint kg. 5% 2517 10 90 --- Other kg. 5% 2517 20 00 - Macadam of slag, dross or similar industrial waste, whether or not kg. 5% ----- **SECTION-V** **CHAPTER-25** **(1)** **(2)** **(3)** **(4)** **(5)** kg. kg. 2517 30 00 2517 41 00 - incorporating the materials cited in sub-heading 2517 10 Tarred macadam _Granules, chippings and powder, of stone_ _of heading 2515 or 2516, whether or not_ _heat treated :_ Of marble 5% 5% 2517 49 00 -- Other kg. 5% **2518** **DOLOMITE, WHETHER OR NOT CALCINED OR** **SINTERED, INCLUDING DOLOMITE ROUGHLY** **TRIMMED** **OR** **MERELY** **CUT,** **BY** **SAWING** **OR** **OTHERWISE,** **INTO** **BLOCKS** **OR** **SLABS** **OF** **A** **RECTANGULAR** **(INCLUDING SQUARE)** **SHAPE;** 2518 10 00 - Dolomite not calcined or sintered kg. 10% 2518 20 00 - Calcined or sintered dolomite kg. 10% **2519** **NATURAL** **MAGNESIUM** **CARBONATE** **(MAGNESITE);** **FUSED** **MAGNESIA;** **DEAD-BURNED** **(SINTERED)** **MAGNESIA, WHETHER OR NOT CONTAINING SMALL** **QUANTITIES** **OF** **OTHER OXIDES** **ADDED BEFORE** **SINTERING;** **OTHER MAGNESIUM OXIDE, WHETHER** **OR NOT PURE** 2519 10 00 - Natural magnesium carbonate (magnesite) kg. 5% 2519 90 - _Other:_ 2519 90 10 --- Fused magnesia (natural) kg. 5% 2519 90 20 --- Dead-burnt (sintered) magnesia kg. 5% 2519 90 30 --- Magnesium calcined (other than dead-burnt) kg. 5% not elsewhere specified or included 2519 90 40 --- Magnesium oxide kg. 5% 2519 90 90 --- Other kg. 5% **2520** **GYPSUM;** **ANHYDRITE; PLASTERS** **(CONSISTING OF** **CALCINED GYPSUM** **OR CALCIUM SULPHATE) WHETHER** **OR NOT COLOURED, WITH OR WITHOUT SMALL** **QUANTITIES** **OF** **ACCELERATORS** **OR** **RETARDERS** 2520 10 - _Gypsum; anhydrite_ _:_ 2520 10 10 --- Natural kg. 2.5% 2520 10 20 --- Marine kg. 2.5% 2520 10 90 --- Other kg. 2.5% 2520 20 - _Plasters:_ ----- **SECTION-V** **CHAPTER-25** **(1)** **(2)** **(3)** **(4)** **(5)** 2520 20 10 --- Calcined kg. 5% 2520 20 90 --- Other kg. 5% **2521** **-** **LIMESTONE** **FLUX;** **LIMESTONE** **AND** **OTHER** **CALCAREOUS** **STONES,** **OF** **A KIND USED FOR** **THE MANUFACTURE** **OF** **LIME** **OR** **CEMENT** 2521 00 **-** _Limestone_ _flux; limestone_ _and other_ _calcareous stones, of a kind used for the_ _manufacture of lime or cement:_ 2521 00 10 --- Limestone flux (L.D., below 1% SiO2) kg. 5% 2521 00 90 --- Other kg. 5% **2522** **QUICKLIME,** **SLAKED** **LIME** **AND** **HYDRAULIC** **LIME,** **OTHER THAN** **CALCIUM** **OXIDE** **AND** **HYDROXIDE** **OF** **HEADING** **2825** 2522 10 00 - Quicklime kg. 5% 2522 20 00 - Slaked lime kg. 5% 2522 30 00 - Hydraulic lime kg. 5% **2523** **PORTLAND** **CEMENT,** **ALUMINOUS** **CEMENT,** **SLAG** **CEMENT,** **SUPERSULPHATE CEMENT** **AND** **SIMILAR HYDRAULIC CEMENTS,** **WHETHER OR** **NOT COLOURED OR IN THE FORM OF** **CLINKERS** 2523 10 00 - Cement clinkers kg. 10% _-_ - _Portland cement:_ 2523 21 00 -- White cement, whether or not artificially kg. 10% coloured 2523 29 -- Other : 2523 29 10 --- Ordinary portland cement, dry kg. Free 2523 29 20 --- Ordinary portland cement, coloured kg. Free 2523 29 30 --- Portland pozzolana Cement kg. Free 2523 29 40 --- Portland slag cement kg. Free 2523 29 90 --- Other kg. Free _-_ 2523 30 00 - Aluminous cement kg. 10% 2523 90 - _Other hydraulic_ _cements:_ 2523 90 10 --- Sagol; ashmoh kg. 10% 2523 90 20 --- High alumina refractory cement kg. 10% 2523 90 90 --- Other kg. 10% **2524** **ASBESTOS** 2524 10 10 - Crocidolite kg. 10% 2524 90 - Other --- _In rock form:_ 2524 90 11 ---- Chrysotile kg. 10% ----- **SECTION-V** **CHAPTER-25** **(1)** **(2)** **(3)** **(4)** **(5)** 2524 90 12 ---- Amphibole kg. 10% 2524 90 13 ---- Crysolite kg. 10% 2524 90 14 ---- Amosite kg. 10% 2524 90 19 --- -- kg. 10% 2524 90 19 ---- Other kg. 10% --- _Fibre raw,_ _beaten or washed or graded to_ _length :_ 2524 90 21 ---- Chrysotile kg. 10% 2524 90 22 ---- Amphibole kg. 10% 2524 90 23 ---- Crysolite kg. 10% 2524 90 24 ---- Amosite kg. 10% 2524 90 29 2524 90 31 --- -- --- Other _Flakes or powder:_ Chrysotile kg. kg. 10% 10% 2524 90 32 ---- Amphibole kg. 10% 2524 90 33 ---- Crysolite kg. 10% 2524 90 34 ---- Amosite kg. 10% 2524 90 39 2524 90 91 --- -- --- Other: _Other:_ Waste kg. kg. 10% 10% 2524 90 99 ---- Other kg. 10% **2525** **MICA,** **INCLUDING** **SPLITTINGS;** **MICA** **WASTE** 2525 10 - _Crude mica and mica rifted into sheets_ _or splittings:_ 2525 10 10 --- Mica blocks kg. 5% 2525 10 20 --- Condensor films trimmed but not cut to kg. 5% shape 2525 10 30 --- Mica splittings, book form kg. 5% 2525 10 40 --- Mica splittings, loose kg. 5% 2525 10 90 --- Other kg. 5% 2525 20 - _Mica powder :_ 2525 20 10 --- Mica flakes, 2.20 mesh kg. 5% 2525 20 20 --- Mica powder, dry ground kg. 5% 2525 20 30 --- Mica powder, micronised kg. 5% 2525 20 40 --- Mica powder, wet ground kg. 5% 2525 20 50 --- Mica powder, calcined kg. 5% 2525 20 90 --- Other kg. 5% 2525 30 - _Mica waste :_ 2525 30 10 --- Mica mine scrap and waste kg. 5% 2525 30 20 --- Mica factory scrap kg. 5% 2525 30 30 --- Mica cuttings book form kg. 5% 2525 30 90 --- Other kg. 5% **2526** **NATURAL** **STEATITE,** **WHETHER** **OR NOT** **ROUGHLY** **TRIMMED OR MERELY CUT,** **BY SAWING OR** ----- **SECTION-V** **CHAPTER-25** **(1)** **(2)** **(3)** **(4)** **(5)** **OTHERWISE,** **INTO BLOCKS** **OR SLABS** **OF** **A** **RECTANGULAR** **(INCLUDING SQUARE)** **SHAPE;** **TALC** 2526 10 - _Not crushed, not powdered :_ 2526 10 10 --- Steatite (soap stone, etc.) block kg. 5% 2526 10 20 --- Steatite (soap stone, etc.) lumps kg. 5% 2526 10 90 --- Other kg. 5% 2526 20 00 - Crushed or powdered kg. 5% **2528** **NATURAL** **BORATES** **AND** **CONCENTRATES** **THEREOF** **(WHETHER OR NOT CALCINED),** **BUT NOT INCLUDING** **B O RAT E S S E PA R AT E D F ROM N ATUR AL B RIN E ;** **NATURAL BORIC ACID CONTAINING NOT MORE THAN** 2528 00 **85%** **OF H3BO3** **CALCULATED ON THE DRY WEIGHT** Natural borates and concentrates thereof (Whether or not calcined), but not including borates separated from natural brine; natural boric acid containing not more than 85 % of H3BO3 calculated on the dry weight: 2528 00 10 --- Natural sodium borates and concentrates thereof kg. 2.5% (whether or not calcined) 2528 00 20 --- Natural boric acid containing not more than 85% kg. 2.5% 2528 00 30 -- of H3BO3 ( calculated on the dry weight ) Natural calcium borates and concentrates thereof (whether or not calcined) kg. 2.5% 2528 00 90 --- Other kg. 2.5% **2529** **FELDSPAR;** **LEUCITE;** **NEPHELINE** **AND** **NEPHELINE SYENITE;** **FLUORSPAR** 2529 10 - _Feldspar_ _:_ 2529 10 10 --- Lumps kg. 5% 2529 10 20 --- Powder kg. 5% - _Fluorspar_ _:_ 2529 21 00 -- Containing by weight 97% or less of kg. 5% calcium fluoride 2529 22 00 -- Containing by weight more than 97% of kg. 5% calcium fluoride 2529 30 00 - Leucite; nepheline and nepheline syenite kg. 5% **2530** **MINERAL** **SUBSTANCES** **NOT** **ELSEWHERE** **SPECIFIED OR INCLUDED** 2530 10 - _Vermiculite, perlite and chlorites,_ _unexpanded_ _:_ 2530 10 10 --- Vermiculite kg. 5% ----- **SECTION-V** **CHAPTER-25** **(1)** **(2)** **(3)** **(4)** **(5)** 5% 2530 10 20 --- Perlite kg. 2530 10 90 --- Others (including powder) kg. 5% 2530 20 00 - Kieserite, epsomite (natural magnesium kg. 5% sulphates) 2530 90 - _Other :_ 2530 90 10 --- Meerschaum (whether or not in polished kg. 5% pieces) and amber agglomerated; meerachaum and agglomerated amber in plates, rods, etc., not worked after moulding jet 2530 90 20 --- Natural arsenic sulphides (such as orpiment) kg. 5% 2530 90 30 --- Calcite kg. 5% 2530 90 40 --- Ores and concentrates of rare earth metals kg. 5% 2530 90 50 --- Wollastonite kg. 5% 2530 90 60 --- Earth colour ochre, crude kg. 5% 2530 90 70 --- Other processed earth colour ochre kg. 5% --- _Other :_ 2530 90 91 ---- Strontium sulphate (natural ore) kg. 5% 2530 90 99 ---- Other kg. 5% ----- **SECTION-V** **CHAPTER-26** **CHAPTER** **26** **_Ores, slag and ash_** **NOTES:** 1. This Chapter does not cover: (a) slag or similar industrial waste prepared as macadam (heading 2517); (b) natural magnesium carbonate (magnesite), whether or not calcined (heading 2519 ) ; (c) sludges from the storage tanks of petroleum oils, consisting mainly of such oils (2710 ) ; (d) basic slag of Chapter 31; (e) slag wool, rock wool or similar mineral wools (heading 6806); (f) waste or scrap of precious metal or of metal clad with precious metal; other waste or scrap containing precious metal or precious metal compounds, of a kind used principally for the recovery of precious metal (heading 7112 or 8549); or (g) copper, nickel or cobalt mattes produced by any process of smelting (Section XV). 2. For the purposes of headings 2601 to 2617, the term ―ores‖ means minerals of mineralogical species actually used in the metallurgical industry for the extraction of mercury, of the metals of heading 2844 or of the metals of Section XIV or XV, even if they are intended for non-metallurgical purposes. Headings 2601 to 2617 do not, however, include minerals which have been submitted to processes not normal to the metallurgical industry. 3. Heading 2620 applies only to: (a) slag, ash and residues of a kind used in industry either for the extraction of metals or as a basis for the manufacture of chemical compounds of metals, excluding ash and residues from the incinerationof municipal waste (heading 2621); and (b) slag, ash and residues containing arsenic, whether or not containing metals, of a kind used either for the extraction of arsenic or metals or for the manufacture of their chemical compounds. **SUB-HEADING** **NOTES** **:** 1. For the purposes of sub-heading 2620 21, ―leaded gasoline sludges and leaded anti- knock compound sludges‖ mean sludges obtained from storage tanks of leaded gasoline and leaded anti-knock compounds (for example, tetraethyl lead), and consisting essentially of lead, lead compounds and iron oxide. 2. Slag, ash and residues containing arsenic, mercury, thallium or their mixtures, of a kind used for the extraction of arsenic or those metals or for the manufacture of their chemical compounds, are to be classified in sub-heading 2620 60. **Supplementary Note :** 1. For the products of heading 2601, the percentage of Fe content, wherever specified, shall be calculated on the Dry Weight or Dry Metric Tonne (DMT) basis. ----- **SECTION-V** **CHAPTER-26** **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard** **Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **2601** **IRON** **ORES** **AND** **CONCENTRATES,** **INCLUDING** **ROASTED** **IRON** **PYRITES** _-_ _Iron ores and concentrates, other_ _than roasted iron pyrites :_ 2601 11 -- _Non-agglomerated :_ --- Iron ore lumps (60% Fe or more) 2601 11 11 ---- 60% Fe or more but below 62% Fe kg. 2.5% 2601 11 12 ---- 62% Fe or more but below 65% Fe kg. 2.5% 2601 11 2601 11 19 21 --- -- --- 65% Fe and above Iron ore lumps (below 60% Fe, including black iron ore containing upto 10% Mn) below 55% Fe kg. kg. 2.5% 2.5% 2601 11 22 ---- 55% Fe or more but below 58% Fe kg. 2.5% 2601 11 2601 11 2601 11 2601 11 2601 11 29 ---- 58% Fe or more but below 60% Fe kg. 2.5% --- Iron ore fines (62% Fe or more ) 2601 11 31 ---- 62% Fe or more but below 65% Fe kg. 2.5% 2601 11 39 ---- 65% Fe and above kg. 2.5% --- Iron ore Fines (below 62% Fe) 2601 11 41 ---- below 55% Fe kg. 2.5% 2601 11 42 ---- 55% Fe or more but below 58% Fe kg. 2.5% 2601 11 43 ---- 58% Fe or more but below 60% Fe kg. 2.5% 2601 11 49 ---- 60% Fe or more but below 62% Fe kg. 2.5% 2601 11 50 --- Iron ore concentrate kg. 2.5% 2601 11 90 --- Others kg. 2.5% 2601 12 -- Agglomerated : 2601 12 10 --- Iron ore pellets kg. 2.5% 2601 12 90 --- Other kg. 2.5% 2601 20 00 - Roasted iron pyrites kg. 2.5% **2602** **MANGANESE** **ORES** **AND** **CONCENTRATES,** **INCLUDING FERRUGINOUS MANGANESE ORES** **AND** **CONCENTRATES** **WITH** **A** **MANGANESE** **CONTENT OF** **20%** **OR MORE,** **CALCULATED ON** **THE DRY WEIGHT** 29 31 39 41 --- -- --- --- -- --- 2602 00 2602 00 10 kg. -- _Manganese ores and concentrates, including_ _ferruginous manganese ores and concentrates_ _with a manganese content of 20% or more,_ _calculated on the dry weight :_ Manganese ore (46% or more) 2.5% ----- **SECTION-V** **CHAPTER-26** **(1)** **(2)** **(3)** **(4)** **(5)** 2602 00 20 --- Manganese ore (44% or more but kg. 2.5% below 46%) 2602 00 30 --- Manganese ore (40% or more but kg. 2.5% below 44%) 2602 00 40 --- Manganese ore (35% or more kg. 2.5% but below 40%) 2602 00 50 --- Manganese ore (30% or more kg. 2.5% but below 35%) 2602 00 60 --- Ferruginous (10% or more kg. 2.5% but below 30%) 2602 00 70 --- Manganese ore sinters, agglomerated kg. 2.5% 2602 00 90 --- Other kg. 2.5% **2603 00 00** **COPPER** **ORES** **AND** **CONCERTRATES** kg. 2.5% **2604 00 00** **NICKEL** **ORES** **AND** **CONCENTRATES** kg. Free **2605 00 00** **COBALT** **ORES** **AND** **CONCENTRATES** kg. 2.5% **2606** **ALUMINIUM** **ORES** **AND** **CONCENTRATES** 2606 00 - _Aluminium ores and concentrates_ _:_ 2606 00 10 --- Bauxite (natural), not calcined kg. 2.5% 2606 00 20 --- Bauxite (natural), calcined kg. 2.5% 2606 00 90 --- Other aluminium ores and concentrates kg. 2.5% **2607 00 00** **LEAD** **ORES** **AND** **CONCENTRATES** kg. 2.5% **2608 00 00** **ZINC** **ORES** **AND** **CONCENTRATES** kg. 2.5% **2609 00 00** **TIN** **ORES** **AND** **CONCENTRATES** kg. 2.5% **2610** **CHROMIUM** **ORES** **AND** **CONCENTRATES** 2610 00 - _Chromium ores and concentrates_ _:_ 2610 00 10 --- Chrome ore lumps, containing 47% Cr2O3 kg. 2.5% and above 2610 00 20 --- Chrome ore lumps, containing 40% or more kg. 2.5% but less than 47% Cr2O3 2610 00 30 --- Chrome ore lumps below 40% Cr2O3 kg. 2.5% 2610 00 40 --- Chrome ore friable and concentrates fixes kg. 2.5% kg. 2610 00 90 -- containing 47% Cr2O3 and above Other 2.5% **2611 00 00** **TUNGSTEN** **ORES** **AND** **CONCENTRATES** kg. 2.5% **2612** **URANIUM** **OR** **THORIUM** **ORES** **AND** **CONCENTRATES** ----- **SECTION-V** **CHAPTER-26** **(1)** **(2)** **(3)** **(4)** **(5)** 2612 10 00 - Uranium ores and concentrates kg. Free 2612 20 00 - Thorium ores and concentrates kg. 2.5% **2613** **MOLYBDENUM** **ORES** **AND** **CONCENTRATES** 2613 10 00 - Roasted kg. 2.5% 2613 90 00 - Other kg. 2.5% **2614** **-** **TITANIUM** **ORES** **AND** **CONCEN** **TRATES** 2614 00 **-** _Titanium ores and concentrates :_ 2614 00 10 --- Ilmenite, unprocessed kg. 2.5% 2614 00 20 --- Ilmenite, upgraded (beneficiated ilmenite kg. 2.5% including ilmenite ground) --- _Rutile :_ 2614 00 31 ---- Rare earth oxides including rutile sand kg. 2.5% 2614 00 39 ---- Other kg. 2.5% 2614 00 90 --- Other kg. 2.5% **2615** **NIOBIUM,** **TANTALUM,** **VANADIUM** **OR** **ZIRCONIUM ORES AND CONCENTRATES** 2615 10 00 - Zirconium ores and concentrates kg. 2.5% 2615 90 - _Other :_ 2615 90 10 --- Vanadium ores and concentrates kg. 2.5% 2615 90 20 --- Niobium or tantalum ores and concentrates kg. 2.5% **2616** **PRECIOUS** **METAL** **ORES** **AND** **CONCENTRATES** 2616 10 00 - Silver ores and concentrates kg. 2.5% 2616 90 - _Other :_ 2616 90 10 --- Gold ores and concentrates kg. 2.5% 2616 90 90 --- Other kg. 2.5% **2617** **OTHER** **ORES** **AND** **CONCENTRATES** 2617 10 00 - Antimony ores and concentrates kg. 2.5% 2617 90 00 - Other kg. 2.5% **2618 00 00** **GRANULATED** **SLAG** **(SLAG** **SAND)** **FROM** **THE** kg. 5% **MANUFACTURE** **OF** **IRON OR STEEL** **2619** **SLAG,** **DROSS** **(OTHER** **THAN** **GRANULATED** **SLAG),** **SCALINGS** **AND OTHER WASTE FROM** **THE** **MANUFACTURE** **OF** **IRON OR STEEL** 2619 00 - _Slag, dross (other than granulated_ _slag),_ _scalings and other waste from the_ _manufacture of iron or steel :_ 2619 00 10 --- Converted slag (scull) of blast furnace kg. 5% ----- **SECTION-V** **CHAPTER-26** **(1)** **(2)** **(3)** **(4)** **(5)** 2619 00 90 --- Other kg. 5 % **2620** **SLAG,** **ASH** **AND** **RESIDUES** **(OTHER** **THAN FROM** **THE** **MANUFACTURE OF IRON OR STEEL),** **CONTAINING** **ARSENIC,** **METALS** **OR** **THEIR** **COMPOUNDS** - _Containing mainly zinc :_ 2620 11 00 -- Hard zinc spelter kg. 5% 2620 19 -- Other: 2620 19 10 --- Zinc dross kg. 5% 2620 19 90 --- Other kg. 5% - _Containing_ _mainly_ _lead_ _:_ 2620 21 00 -- Leaded gasoline sludges and leaded kg. 5% anti-knock compound sludges 2620 29 - - Other: 2620 29 10 --- Lead dross kg. 5% 2620 29 90 --- Other kg. 5% 2620 30 - _Containing_ _mainly_ _copper_ _:_ 2620 30 10 --- Brass dross kg. 5% 2620 30 90 --- Other kg. 5% 2620 40 - _Containing_ _mainly_ _aluminium:_ 2620 40 10 --- Aluminium dross kg. 5% 2620 40 90 --- Other kg. 5% 2620 60 00 - Containing arsenic, mercury, thallium or kg. 5% their mixtures, of a kind used for the extraction of arsenic or those metals or for the manufacture of their chemical compounds _-_ _Other :_ 2620 91 00 -- Containing antimony, beryllium, cadmium, kg. 5% chromium or their mixtures 2620 99 00 -- Other kg. 5% **2621** **OTHER** **SLAG AND ASH,** **INLCUDING** **SEAWEED** **ASH (KELP);** **ASH AND RESIDUES FROM THE** **INCINERATION** **OF** **MUNICIPAL** **WASTE** 2621 10 00 - Ash and residues from the incineration of kg. 5% kg. 2621 90 00 municipal waste Other 5% ----- **SECTION-V** **CHAPTER-27** **CHAPTER** **27** **_Mineral fuels, mineral oils and products of their distillation; bituminous substances;_** **_mineral waxes_** **NOTES** **:** 1. This Chapter does not cover: (a) separate chemically defined organic compounds other than pure methane and propane which are to be classified in heading 2711; (b) medicaments of heading 3003 or 3004; or (c) mixed unsaturated hydrocarbons of heading 3301, 3302 or 3805. 2. References in heading 2710 to ―petroleum oils and oils obtained frombituminous minerals‖ include not only petroleum oils and oils obtained from bituminous minerals but also similar oils, as well as those consisting mainly of mixed unsaturated hydrocarbons, obtained by anyprocess, provided that the weight of the non-aromatic constituents exceeds that of the aromatic constituents. However, the references do not include liquid synthetic polyolefins of which less than 60% by volume distils at 300[0]C, after conversion to 1,013 millibars when a reduced-pressure distillation method is used (Chapter 39). 3. For the purposes of heading 2710, ―waste oils‖ means waste containing mainly petroleum oils and oils obtained from bituminous minerals (as described in Note 2 to this Chapter), whether or not mixed with water. Theseinclude: (a) such oils no longer fit for use as primary products (for example, used lubricating oils, used hydraulic oils and used transformer oils); (b) sludgeoils fromthestoragetanks of petroleumoils, mainlycontainingsuchoilsandhighconcentration of additives (for example, chemicals) used in the manufacture of the primary products ; and (c) such oils in the form of emulsions in water or mixtures with water, such as those resulting from oil spills, storage tankwashings, or fromthe use of cutting oils for machining operations. **SUB-HEADING** **NOTES** **:** 1. For the purposes of sub-heading 2701 11 ―anthracite‖ means coal havinga volatile matter limit (on a dry, mineral-matter-free basis) not exceeding 14%. 2. Forthe purposes of sub-heading 2701 12, ―bituminous coal‖ means coal havinga volatile matter limit (on a dry, mineral-matter-free basis) exceeding 14% and a calorific value limit (on a moist, mineral-matter-free basis) equal to or greater than 5,833 kcal/kg. 3. For the purposes of tariff items 2707 10 00, 2707 20 00, 2707 30 00 and 2707 40 00, the terms ―benzol‖, ―(benzene)‖, ―toluol‖ (toluene)", ―xylol‖ (xylenes)" and ―naphthalene‖ apply to products whichcontain more than 50% by weight of benzene, toluene, xylenes or naphthalene, respectively. 4. For the purposes of sub-heading 2710 12, "light oils and preparations"are those of which 90 % or more by volume (including losses) distil at 210 °C according to the ISO 3405 method (equivalent to the ASTM D 86 method). 5. For the purposes of the sub-headings of heading 2710, the term ―biodiesel‖ means mono-alkyl esters of fatty acids of a kind used as a fuel, derived from animal, vegetable or microbial fats and oils whether or not used. **SUPPLEMENTARY NOTE :** ----- **SECTION-V** **CHAPTER-27** In this Chapter, reference to any standard of the Bureau of Indian Standards refers to the last published version of that standard. Illustration : IS 1459 refers to IS 1459: 2018 and not to IS 1459: 1974 (a) ―motor spirit‖ means any hydrocarbon oil (excluding crude mineral oil) which has its flash point below 25[0]C and which either by itself or in admixture with any other substance, is suitable for use as fuel in spark ignition engines. ―Special boiling point spirits (tariff item Nos. 2710 12 11, 2710 12 12 and 2710 12 13)‖ means light oils, as defined in Sub-heading Note 4, not containing any anti-knock preparations, and with a difference of not more than 60[0]C between the temperatures at which 5% and 90% by volume ( including losses) distil; (b) ―natural gasoline liquid (NGL)‖ is a low–boilingliquid petroleumproduct extracted from Natural Gas; (c) ―superior kerosine oil (SKO)‖ means any hydrocarbon oil conforming to the Indian Standards Specification of Bureau of Indian Standards IS : 1459-1974 (Reaffirmed in the year 1996); (d) ―aviation turbine fuel (ATF)‖ means any hydrocarbon oil conforming to the Indian Standards Specificationof Bureau of Indian Standards IS : 1571:1992:2000; (e) ―high speed diesel (HSD)‖ means any hydrocarbon oil conforming to the Indian Standards Specification of Bureau of Indian Standards IS: 1460:2005; (f) ―light dieseloil (LDO)‖ meansanyhydrocarbonoil conformingto the Indian Standards Specification of Bureau of Indian Standards IS: 15770:2008; (g) ―fuel oil‖means anyhydrocarbonoilconforming to the Indian Standards Specification of Bureau of Indian Standards IS:1593:1982 (Reaffirmed in the year 1997); (h) ―lubricatingoil‖ meansanyoil, which is ordinarilyused, for lubrication, excludinganyhydrocarbon oil, which has its flash point below 93.3[0 ] Centigrade; (i) ―jute batching oil‖ and ―textile oil‖ are hydrocarbon oils which have their flash point at or above 93.3[0]C, and is ordinarily used for the batching of jute or other textile fibres; (j) the expression ―petroleum jelly crude‖ (tariff item Nos. 2712 10 10) shall be taken to apply to petroleumjelly of a natural colour higher than 4.5 by the ASTM D 1500 method; (k) for the purposes of these additional notes, the tests prescribed have the meaning hereby assigned to them: (1) ―Flash Point‖ shall be determined in accordance with the test prescribed in this behalf in the rules made under the Petroleum Act, 1934 (30 of 1934); (2) ―Smoke Point‖ shall be determined in the apparatus known as the Smoke Point Lamp in the manner indicated in the Indian Standards Institution specification IS:1448 (p. 31)-1967 as for the time beingin force; (3) ―Final Boiling Point‖ shall be determined in the manner indicated in the Indian Standards Institution specification IS:1448 (p.18)-1967 as for the time being in force; (4) ―Carbon Residue‖ shall be determined in the apparatus known as Ramsbottom Carbon Residue Apparatus in the manner indicated in the Indian Standards Institution specification IS:1448 (p.8)-1967 as for the time being in force; (5) ―Colour Comparision Test‖ shall be done in the following manner, namely: (i) first preparea five per cent. weight by volumesolution of Potassium Iodine (analytical reagent quality) in distilled water; ----- **SECTION-V** **CHAPTER-27** (ii) to this, add Iodine (analytical reagent quality) in requisite amount to prepare an exactly 0.04 normal Iodine solution; (iii) thereafter, compare the colour of the mineral oil undertest with the Iodine solution so prepared. **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard** **Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **2701** **-** **COAL;** **BRIQUETTES,** **OVOIDS** **AND** **SIMILAR** **SOLID FUELS MANUFACTURED** **FROM** **COAL** **-** _Coal, whether or not pulverised, but not_ _agglomerated :_ 2701 11 00 -- Anthracite kg. 5% 2701 12 -- _Bituminous coal :_ 2701 12 10 --- Coking coal kg. 5% 2701 12 90 --- Other kg. 5% 2701 19 -- Other _coal:_ 2701 19 10 --- Coking coal kg. 5% 2701 19 20 --- Steam coal kg. 5% 2701 19 90 --- Other kg. 5% 2701 20 - _Briquettes,_ _ovoids_ _and similar_ _solid_ _fuels_ _manufactured from_ _coal :_ 2701 20 10 --- Anthracite agglomerated kg. 5% 2701 20 90 --- Other kg. 5% **2702** **LIGNITE,** **WHETHER** **OR** **NOT** **AGGLOMERATED,** **EXCLUDING** **JET** 2702 10 00 - Lignite, whether or not pulverised, but not kg. 5% kg. 2702 20 00 agglomerated Agglomerated lignite 5% **2703** **-** **PEAT** **(INCLUDING** **PEAT** **LITTER),** **WHETHER** **OR** **NOT AGGLOMERATED** 2703 00 - _Peat (including peat litter), whether or not_ _agglomerated :_ 2703 00 10 --- Peat whether or not compressed into bales, kg. 5% kg. 2703 00 90 -- but not agglomerated Other 5% **2704** **-** **COKE** **AND** **SEMI-COKE** **OF** **COAL,** **OF** **LIGNITE** **OR OF** **PEAT,** **WHETHER** **OR NOT AGGLOMERATED;** **RETORT CARBON** 2704 00 - _Coke_ _and semi-coke_ _of coal,_ _of_ _lignite_ _or of peat,_ _whether_ _or not agglomerated;_ _retort carbon_ _:_ 2704 00 10 --- Retort carbon (gas carbon) kg. 5% ----- **SECTION-V** **CHAPTER-27** **(1)** **(2)** **(3)** **(4)** **(5)** 5% 2704 00 20 --- Coke and semi-coke of lignite or of peat kg. 2704 00 30 --- Hard coke of coal kg. 5% 2704 00 40 --- Soft coke of coal kg. 5% 2704 00 90 --- Other kg. 5% **2705** **00 00** **COAL** **GAS,** **WATER GAS,** **PRODUCER GAS** **AND** kg. 5% **SIMILAR GASES,** **OTHER** **THAN** **PETROLEUM** **GASES AND OTHER GASEOUS HYDROCARBONS** **2706** **-** **TAR** **DISTILLED** **FROM** **COAL,** **FROM** **LIGNITE** **OR** **FROM** **PEAT AND OTHER MINERAL TARS,** **WHETHER OR** **NOT DEHYDRATED OR PARTIALLY DISTILLED,** **INCLUDING RECONSTITUTED TARS** 2706 00 - _Tar distilled_ _from coal, from lignite_ _or_ _from peat and other mineral tars, whether_ _or not dehydrated or partially distilled,_ _including reconstituted tars :_ 2706 00 10 --- Coal tar kg. 5% 2706 00 90 --- Other kg. 5% **2707** **OILS** **AND** **OTHER** **PRODUCTS** **OF** **THE** **DISTILLATION** **OF HIGH TEMPERATURE COAL TAR;** **SIMILAR** **PRODUCTS** **IN WHICH THE WEIGHT** **OF** **THE** **AROMATIC** **CONSTITUENTS EXCEEDS** **THAT** **OF** **THE** **NON-AROMATIC** **CONSTITUENTS** 2707 10 00 - Benzol (benzene) kg. 2.5% 2707 20 00 - Toluol (toluene) kg. 2.5% 2707 30 00 - Xylol (xylenes) kg. 2.5% 2707 40 00 - Naphthelene kg. 2.5% 2707 50 00 Other aromatic hydrocarbon mixtures of which 65 % or more by volume (including losses) distils at 250 °C by the ISO 3405 method (equivalent to the ASTM D 86 method) _Other :_ kg. 2.5% 2707 91 00 -- Creosote oils kg. 2.5% 2707 99 00 -- Other kg. 2.5% **2708** **PITCH** **AND** **PITCH** **COKE,** **OBTAINED** **FROM** **COAL** **TAR OR FROM OTHER MINERAL TARS** 2708 10 - _Pitch :_ 2708 10 10 --- Obtained by blending with creosote oil or kg. 5% 2708 10 90 -- other coal tar distillates Other kg. 5% 2708 20 00 - Pitch coke kg. 5% ----- **SECTION-V** **CHAPTER-27** **(1)** **(2)** **(3)** **(4)** **(5)** *** 2709** **PETROLEUM OILS AND OILS OBTAINED FROM** **BITUMINOUS MINERALS,** **CRUDE** **2709** **00** **--** **PETROLEUM OILS AND O** **ILS OBTAINED FROM** **CRUDE** **BITUMINOUS MINERALS,** **2709** **00** **10** **---** **KG.** **5%** **-** **PETROLEUM** **CRUDE** **2709 00 90** **---** **OTHER** **KG.** **Free** **-** **2710** **PETROLEUM** **OILS AND OILS OBTAINED FROM** **BITUMINOUS** **MINERALS,** **OTHER** **THAN CRUDE;** **PREPARATIONS** **NOT** **ELSEWHERE SPECIFIED** **OR** **INCLUDED,** **CONTAINING** **BY** **WEIGHT** **70%** **OR MORE OF PETROLEUM** **OILS OR OF OILS** **OBTAINED** **FROM** **BITUMINOUS** **MINERALS,** **THESE** **OILS** **BEING** **THE** **BASIC** **CONSTITUENTS** **OF** **THE** **PREPARATIONS;** **WASTE** **OILS** _Petroleum oils and oils obtained from_ _bituminous minerals (other than crude)_ _and preparations not elsewhere specified or_ _included, containing by weight 70% or_ _more of petroleum oils or of oils obtained_ _from bituminous minerals, these oils being_ _the basic constituents of the preparations,_ _other than those containing biodiesel_ _and other than waste oils:_ Light oils and preparations: 2710 12 - --- Naphtha: 2710 12 21 ---- Light naphtha kg. 2.5% 2710 12 22 ---- Heavy naphtha kg. 2.5% 2710 12 29 2710 12 31 --- -- --- Full range naphtha Solvent 60/80, solvent 50/120 and solvent 145/205 (petroleum hydrocarbon solvents) as specified under standard IS 1745: Solvent 60/80 kg. kg. 2.5% 5% 2710 12 32 ---- Solvent 50/120 kg. 5% 2710 12 39 ---- Solvent 145/205 kg. 5% --- _Motor gasoline conforming to standard IS_ _2796,IS 17021, IS 17586 or IS 17076:_ 2710 12 41 ---- Motor gasoline conforming to standard IS 2796 kg. 2.5% 2710 12 42 ---- E 20 fuel conforming to standard IS 17021 kg. 2.5% 2710 12 43 ---- E 12 fuel conforming to standard IS 17586 kg. 2.5% 2710 12 44 ---- E 15 fuel conforming to standard IS 17586 kg. 2.5% 2710 12 49 ---- M15 fuel conforming to standard IS 17076 kg. 2.5% 2710 12 50 --- Aviation gasoline conforming to standard IS 1604 kg. Free 2710 12 90 --- Other kg. 5% 2710 19 -- Other: 2710 19 20 --- Solvent 125/240 (petroleum hydrocarbon solvent) kg. 5% ----- **SECTION-V** **CHAPTER-27** **(1)** **(2)** **(3)** **(4)** **(5)** as specified under standard IS 1745 --- Kerosene intermediate and oils obtained from kerosene intermediate: 2710 19 31 ---- Kerosene intermediate kg. 5% 2710 19 32 ---- Kerosene conforming to standard IS 1459 kg. 5% 2710 19 39 ---- Aviation turbine fuels, kerosene type conforming to kg. 5% standard IS 1571 --- Gas oil and oils obtained from gas oil: 2710 19 41 ---- Gas oil kg. 5% 2710 19 42 ---- Vacuum gas oil kg. 5% 2710 19 43 ---- Light diesel oil conforming to standard IS 15770 kg. 5% 2710 19 44 ---- Automotive diesel fuel, not containing biodiesel, kg. 2.5% conforming to standard IS 1460 2710 19 49 ---- High flash high speed diesel fuel conforming to kg. 2.5% standard IS 16861 --- Fuel oils conforming to standard IS 1593: 2710 19 51 ---- Grade LV kg. 5% 2710 19 52 ---- Grade MV1 kg. 5% 2710 19 53 ---- Grade MV2 kg. 5% 2710 19 59 ---- Grade HV kg. 5% --- Fuels (Class F) or marine fuels conforming to standard IS 16731: 2710 19 61 ---- Distillate oil kg. 5% 2710 19 69 ---- Residual oil kg. 5% --- Base oil and lubricating oil: 2710 19 71 ---- Base oil kg. 5% 2710 19 72 ---- Engine oil (internal combustion engine crankcase oils) kg. 5% conforming to standard IS 13656 2710 19 73 ---- Engine oil conforming to standard IS 14234 kg. 5% 2710 19 74 ---- Automotive gear oil conforming to standard IS 1118 kg. 5% 2710 19 75 ---- Industrial gear oil conforming to standard IS 8406 kg. 5% 2710 19 76 ---- General purpose machinery and spindle oils kg. 5% conforming to standard IS 493 2710 19 77 ---- Turbine lubricating oil conforming to standard IS 1012 kg. 5% 2710 19 78 ---- Other lubricating oil, conforming to any other BIS kg. 5% standard 2710 19 79 ---- Other lubricating oil, not conforming to any BIS kg. 5% standard --- Cuttingoil, hydraulic oil, industrial white oil, jute batching oil, mineral oil for cosmetic industry, transformer oil: 2710 19 81 ---- Cutting oil conforming to standard IS 1115 kg. 5% 2710 19 82 ---- Cutting oil (neat) conforming to standard IS 3065 kg. 5% 2710 19 83 ---- Hydraulic oil conforming to standard IS 3098 or kg. 5% IS 11656 ----- **SECTION-V** **CHAPTER-27** **(1)** **(2)** **(3)** **(4)** **(5)** 5% 2710 19 84 ---- Industrial white oil conforming to standard IS 1083 kg. 2710 19 85 ---- Insulating oil for transformer and circuit-breaker kg. 5% (transformer and circuit-breaker oils) conforming to standard IS 335 or IS 12463 2710 19 86 ---- Mineral oil for cosmetic industry conforming to kg. 5% standard IS 7299 2710 19 87 ---- Jute batching oil conforming to standard IS 1758 kg. 5% 2710 19 88 ---- Other cutting oil, hydraulic oil, industrial white oil, kg. 5% jute batching oil, mineral oil for cosmetic industry, transformer oil conforming to any other BIS standard 2710 19 89 ---- Other cutting oil, hydraulic oil, industrial white oil, kg. 5% jute batching oil, mineral oil for cosmetic industry, transformer oil, not conforming to any BIS standard 2710 19 90 --- Other kg. 5% 2710 20 - _Petroleum oils and oils obtained from bituminous_ _minerals (other than crude) and preparations not_ _elsewhere specified or included, containing by_ _weight 70 % or more of petroleum oils or of oils_ _obtained from bituminous minerals, these oils being_ _the basic constituents of the preparations, containing_ _biodiesel, other than waste oils:_ 2710 20 10 --- Automotive diesel fuel, containing biodiesel, conforming to standard IS 1460 kg. 2.5% 2710 20 20 2710 20 90 --- Diesel fuel blend (B6 to B20) conforming to standard IS 16531 --- Other - _Waste oil :_ kg. kg. kg. kg. 2.5% 5% 5% 5% 2710 2710 91 00 99 00 - - Containing polychlorinated biphenyls (PCBs), polychlorinated terphenyls (PCTs) or polybrominated biphenyls(PBBs) Other **2711** **PETROLEUM** **GASES** **AND** **OTHER** **GASEOUS** **HYDROCARBONS** - _Liquified :_ 2711 11 00 -- Natural gas kg. 2.5% 2711 12 00 -- Propane kg. 2.5% 2711 13 00 -- Butanes kg. 2.5% 2711 14 00 -- Ethylene, propylene, butylene and butadiene kg. 5% 2711 19 -- Other: 2711 19 10 2711 19 20 2711 19 90 -- -- -- LPG (for non-automotive purposes) conforming to standard IS 4576 LPG (for automotive purposes) conforming to standard IS 14861 Other kg. kg. kg. 5% 5% 5% ----- **SECTION-V** **CHAPTER-27** _- In gaseous_ _state_ _:_ 2711 21 00 -- Natural gas kg. 5% 2711 29 00 -- Other kg. 5% **2712** **PETROLEUM** **JELLY, PARAFFIN** **WAX,** **MICROCRYSTALLINE PETROLEUM** **WAX, SLACK WAX,** **OZOKERITE, LIGNITE WAX, PEAT WAX, OTHER** **MINERAL WAXES, AND SIMILAR PRODUCTS OBTAINED** **BY** **SYNTHESIS** **OR** **BY** **OTHER** **PROCESSES,** **WHETHER** **OR NOT COLOURED** 2712 10 - _Petroleum jelly_ _:_ 2712 10 10 --- Crude kg. 5% 2712 10 90 --- Other kg. 5% 2712 20 00 - Paraffin wax containing by weight less kg. 5% than 0.75 % of oil: 2712 90 - _Other :_ 2712 90 10 --- Micro-crystalline petroleum wax kg. 5% 2712 90 20 --- Lignite wax kg. 5% 2712 90 30 --- Slack wax kg. 5% 2712 90 40 2712 90 90 -- -- Paraffin wax containing by weight less than 0.75 % of oil: Other kg. kg. 5% 5% **2713** **PETROLEUM** **COKE,** **PETROLEUM** **BITUMEN** **AND** **OTHER RESIDUES** **OF** **PETROLEUM** **OILS OR** **OF** **OILS** **OBTAINED** **FROM BITUMINOUS MINERALS** - _Petroleum_ _coke :_ 2713 11 - - Not calcined: 2713 11 10 - - - Raw petroleum coke for anode making in aluminium industry conforming to standard IS 17049 2713 11 90 - - - Other 2713 12 - - Calcined: 2713 12 10 - - - Calcined petroleum coke for anode making in aluminium industry conforming to standard IS 17049 2713 12 90 - - - Other kg. 10% kg. 10% kg. 7.5% kg. 7.5% 2713 20 00 - Petroleum bitumen kg. 5% 2713 90 00 - Other residues of petroleum oils or of oils kg. 5% obtained from bituminous minerals **2714** **BITUMEN** **AND** **ASPHALT,** **NATURAL;** **BITUMINOUS** **OR OIL SHALE AND TAR SANDS;** **ASPHALTITES AND** **ASPHALTIC ROCKS** 2714 10 00 - Bituminous or oil shale and tar sands kg. 5% 2714 90 - _Other :_ 2714 90 10 --- Asphalt, natural kg. 5% ----- **SECTION-V** **CHAPTER-27** 2714 90 20 --- Bitumen, natural kg. 5% 2714 90 30 --- Gilsonete kg. 5% 2714 90 90 --- Other kg. 5% **2715** **-** **BITUMINOUS** **MIXTURES** **BASED** **ON** **NATURAL** **ON NATURAL BITUMEN,** **ON PETROLEUM** **BITUMEN,** **ON MINERAL TAR OR ON MINERAL TAR** **PITCH** **(FOR EXAMPLE,** **BITUMINOUS MASTICS, CUT** **BACKS)** 2715 00 - _Bituminous mixtures based on natural_ _asphalt, on natural bitumen, on_ _petroleum_ _bitumen,_ _on mineral_ _tar or_ _on mineral_ _tar_ _pitch (for example, bituminous mastics,_ _cut backs)_ _:_ 2715 00 10 --- Cut backs, bituminous or asphalt kg. 5% 2715 00 90 --- Other kg. 5% **2716** **00 00** **ELECTRICAL** **ENERGY** 1000 Rs.2000 kWh per 1000 kwh ----- **SECTION-VI** **CHAPTER-28** **SECTION VI** **PRODUCTS OF THE CHEMICAL OR ALLIED INDUSTRIES** **NOTES** **:** 1. (A) Goods (other than radioactive ores) answering to a description in heading 2844 or 2845 are to be classified in those headings and in no other heading of this Schedule. (B) Subject to paragraph (A) above, goods answering to a description in heading 2843, 2846 or 2852 are to be classified in those headings and in no other heading of this Section. 2. Subject to Note 1 above, goods classifiable in heading 3004, 3005, 3006, 3212, 3303, 3304, 3305, 3306, 3307, 3506, 3707 or 3808 by reason of being put up in measured doses or for retail sale are to be classified in those headings and in no other heading of this Schedule. 3. Goods put up in sets consisting of two or more separate constituents, some or all of which fall in this Section and are intended to be mixed together to obtain a product of Section VI or VII, are to be classified in the heading appropriate to that product, provided that the constituents are: (a) having regard to the manner in which they are put up, clearly identifiable as being intended to be used together without first being repacked; (b) presented together; and (c) identifiable, whether by their nature or by the relative proportions in which they are present, as being complementary one to another. 4. Where a product answers to a description in one or more of the headings in Section VI by virtue of being described by name or function and also to heading 3827, then it is classifiable in a heading that references the product by name or function and not under heading 3827. **CHAPTER** **28** **_Inorganic chemicals, organic or inorganic compounds of precious metals,_** **_of rare-earth metals, of radioactive elements or of isotopes_** **NOTES** **:** 1. Except where the context otherwise requires, the headings of this Chapter apply only to: (a) separate chemical elements and separate chemically defined compounds, whether or not containing impurities; (b) the products mentioned in (a) above dissolved in water; (c) the products mentioned in (a) above dissolved in other solvents provided that the solution constitutes a normal and necessary method of putting up these products adopted solely for reasons of safety or for transport and that the solvent does not render the product particularly suitable for specific use rather than for general use; (d) the products mentioned in (a), (b) or (c) above with an added stabiliser (including an anti caking agent) necessary for their preservation or transport; (e) the products mentioned in (a), (b), (c) or (d) above with an added anti-dusting agent or a colouring substance added to facilitate their identification or for safety reasons, provided that the additions do not render the product particularly suitable for specific use rather than for general use. 2 In addition to dithionites and sulphoxylates stabilised with organic substances (heading 2831) ----- **SECTION-VI** **CHAPTER-28** cyanides of inorganic bases (heading 2837), fulminates, cyanates and thiocyanates, of inorganic bases (heading 2842), organic products included in headings 2843 to 2846 and 2852 carbides (heading 2849), only the following compounds of carbon are to be classified in this Chapter: (a) oxides of carbon, hydrogen cyanide and fulminic, isocyanic, thiocyanic and other simple or complex cyanogen acids (heading 2811); (b) halide oxides of carbon (heading 2812); (c) carbon disulphide (heading 2813); (d) thiocarbonates, selenocarbonates, tellurocarbonates, selenocyanates, tellurocyanates, tetrathiocyanatodiamminochromates (reineckates) and other complex cyanates, of inorganic bases (heading 2842); (e) hydrogen peroxide, solidified with urea (heading 2847), carbon oxysulphide, thiocarbonyl halides, cyanogen, cyanogen halides and cyanamide and its metal derivatives (heading 2853) other than calcium cyanamide, whether or not pure (Chapter 31). 3. Subject to the provisions of Note 1 to Section VI, this Chapter does not cover: (a) sodium chloride or magnesium oxide, whether or not pure, or other products of Section V; (b) organo-inorganic compounds other than mentioned in Note 2 above; (c) products mentioned in Note 2, 3, 4 or 5 to Chapter 31; (d) inorganic products of a kind used as luminophores, of heading 3206; glass frit and other glass in the form of powder, granules or flakes, of heading 3207; (e) artificial graphite (heading 3801); products put up as charges for fire extinguishers or put up in fire-extinguishing grenades, of heading 3813; ink removers put up in packings for retail sale, of heading 3824; cultured crystals (other than optical elements) weighing not less than 2.5 g each, of the halides of the alkali or alkaline-earth metals, of heading 3824; (f) precious or semi-precious stones (natural, synthetic or reconstructed) or dust or powder of such stones (headings 7102 to 7105), or precious metals or precious metal alloys of Chapter 71; (g) the metals, whether or not pure, metal alloys or cermets, including sintered metal carbides (metal carbides sintered with a metal), of Section XV; or (h) optical elements, for example, of the halides of the alkali or alkaline-earth metals (heading 9001). 4. Chemically defined complex acids consisting of a non-metal acid of Sub-Chapter II and a metal acid of Sub-Chapter IV are to be classified in heading 2811. 5. Headings 2826 to 2842 apply only to metal or ammonium salts or peroxysalts. Except where the context otherwise requires, double or complex salts are to be classified in heading 2842. 6. Heading 2844 applies only to: (a) technetium (atomic No. 43), promethium (atomic No. 61), Polonium (atomic No. 84) and all elements with an atomic number greater than 84; (b) natural or artificial radioactive isotopes (including those of the precious metals or of the base ----- **SECTION-VI** **CHAPTER-28** metals of Sections XIV and XV), whether or not mixed together; (c) compounds, inorganic or organic, of these elements or isotopes, whether or not chemically defined, whether or not mixed together; (d) alloys, dispersions (including cermets), ceramic products and mixtures containing these elements or isotopes or inorganic or organic compounds thereof and having a specific radioactivity exceeding 74 Bq/g (0.002 micro µci/g); (e) spent (irradiated) fuel elements (cartridges) of nuclear reactors; (f) radioactive residues whether or not usable. The term ―isotopes‖, for the purposes of this Note and of the wording of headings 2844 and 2845, refers to: (g) individual nuclides, excluding, however, those existing in nature in the monoisotopic state; (ii) mixtures of isotopes of one and the same element, enriched in one or several of the said isotopes, that is, elements of which the natural isotopic composition has been artiticially modified. 7. Heading 2853 includes copper phosphide (phosphor copper) containing more than 15 % by weight of phosphorus. 8. Chemical elements (for example, silicon and selenium) doped for use in electronics are to be classified in this Chapter, provided that they are in forms unworked as drawn, or in the form of cylinders or rods. When cut in the forms of discs, wafers or similar forms, they fall in heading 3818. **SUB-HEADING** **NOTE:** For the purposes of sub-heading 2852 10, the expression ―chemically defined‖ means all organic or inorganic compounds of mercury meeting the requirements of clauses (a) to (e) of Note 1 to Chapter 28 or clauses ( a) to (h) of Note 1 to Chapter 29. **SUPPLEMENTARY** **NOTE** **:** 1. Sub-heading 2804 40 includes, liquefied or solidified gas. 2. In this Chapter, reference to any standard of the Bureau of Indian Standards refers to the last published version of that standard. **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard** **Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **I.—CHEMICAL** **ELEMENTS** **2801** **FLUORINE,** **CHLORINE,** **BROMINE** **AND** **IODINE** 2801 10 00 - Chlorine kg. 5% 2801 20 00 - Iodine kg. 2.5% 2801 30 - _Fluorine; bromine :_ 2801 30 10 --- Fluorine kg. 5% 2801 30 20 --- Bromine kg. 5% **2802** **SULPHUR,** **SUBLIMED** **OR** **PRECIPITATED; COLLOIDAL** ----- **SECTION-VI** **CHAPTER-28** **(1)** **(2)** **(3)** **(4)** **(5)** 2802 00 - _Sulphur, sublimed or precipitated; colloidal_ _sulphur :_ 2802 00 10 --- Sublimed sulphur kg. 5% 2802 00 20 --- Precipitated sulphur kg. 5% 2802 00 30 --- Colloidal sulphur kg. 5% **2803** **CARBON** **(CARBON** **BLACKS** **AND** **OTHER** **FORMS** **OF** **CARBON NOT ELSEWHERE SPECIFIED OR INCLUDED)** 2803 00 **-** _Carbon (carbon blacks and other forms of_ kg. 2803 00 10 -- _carbon not elsewhere specified or included) :_ Carbon blacks 7.5% 2803 00 20 --- Acetylene black kg. 5% 2803 00 90 --- Other kg. 5% **2804** **HYDROGEN,** **RARE** **GASES** **AND** **OTHER** **NON-METALS** 2804 10 00 2804 21 00 - Hydrogen _Rare gases :_ Argon kg. kg. 5% 5% 2804 29 -- _Other :_ 2804 29 10 --- Helium kg. 5% 2804 29 90 --- Other kg. 5% 2804 30 00 - Nitrogen kg. 5% 2804 40 - _Oxygen :_ 2804 40 10 --- Medicinal grade kg. 5% 2804 40 90 --- Other kg. 5% 2804 50 - _Boron; tellurium_ 2804 50 10 --- Boron kg. 5% 2804 50 20 --- Tellurium kg. 5% - _Silicon :_ 2804 61 00 -- Containing by weight not less than 99.99% of silicon kg. 5% 2804 69 00 -- Other kg. 5% 2804 70 - _Phosphorus :_ 2804 70 10 --- Phosphorus, black kg. 5% 2804 70 20 --- Phosphorus, red kg. 5% 2804 70 30 --- Phosphorus, white or yellow kg. 5% 2804 80 00 - Arsenic kg. 5% 2804 90 00 - Selenium kg. 5% **2805** **ALKALI** **OR** **ALKALINE-EARTH** **METALS;** **RARE-EARTH** **METALS,SCANDIUM AND YTTRIUM, WHETHER OR NOT** **INTERMIXED OR INTERALLOYED;** **MERCURY** - _Alkali or alkaline-earth metals :_ ----- **SECTION-VI** **CHAPTER-28** **(1)** **(2)** **(3)** **(4)** **(5)** 2805 11 00 -- Sodium kg. 5 % 2805 12 00 -- Calcium kg. 5 % 2805 19 00 -- Other kg. 5% 2805 30 00 - Rare-earth metals, scandium and yttrium, kg. 5 % whether or not intermixed or interalloyed 2805 40 00 - Mercury kg. 5% **II.—INORGANIC ACIDS AND INORGANIC** **OXYGEN COMPOUNDS OF NON-METALS** **2806** **HYDROGEN** **CHLORIDE** **(HYDROCHLORIC** **ACID);** **CHLOROSULPHURIC ACID** 2806 10 00 - Hydrogen chloride (hydrochloric acid) kg. 7.5% 2806 20 00 - Chlorosulphuric acid kg. 7.5% **2807** **SULPHURIC** **ACID;** **OLEUM** 2807 00 - _Sulphuric acid; oleum :_ 2807 00 10 --- Sulphuric acid kg. 7.5% 2807 00 20 --- Oleum kg. 7.5% **2808** **NITRIC** **ACID;** **SULPHONITRIC** **ACIDS** 2808 00 - _Nitric acid; sulphonitric acids :_ 2808 00 10 --- Nitric acid kg. 7.5% 2808 00 20 --- Sulphonitric acids kg. 7.5% **2809** **DIPHOSPHORUS** **PENTAOXIDE;** **PHOSPHORIC** **ACID;** **POLYPHOSPHORIC ACIDS, WHETHER OR NOT** **CHEMICALLY DEFINED** 2809 10 00 - Diphosphorus pentaoxide Kg 7.5% 2809 20 - _Phosphoric acid and polyphosphoric acids :_ 2809 20 10 --- Phosporic acid Kg *20% 2809 20 20 --- Polyphosphoric acids Kg 7.5% **2810** **OXIDES** **OF** **BORON;** **BORIC** **ACIDS** _- Oxides of boron; boric acids :_ 2810 00 10 --- Oxides of boron kg. 7.5% 2810 00 20 --- Boric acids kg. **27.5% **2811** **OTHER** **INORGANIC** **ACIDS** **AND** **OTHER** **INORGANIC** **OXYGEN COMPOUNDS OF NON-METALS** - _Other inorganic acids :_ 2811 11 00 -- Hydrogen fluoride (hydrofluoric acid) kg. 7.5% 2811 12 00 -- Hydrogen cyanide (hydrocyanic acid ) kg. 7.5% ----- **SECTION-VI** **CHAPTER-28** **(1)** **(2)** **(3)** **(4)** **(5)** 2811 19 -- _Other :_ 2811 19 20 --- Hypophosphorus acid (phosphinic acid) kg. 7.5% _-_ 2811 19 30 --- Acids of arsenic kg. 7.5% _-_ 2811 19 40 --- Sulphonic acid kg. 7.5% 2811 19 90 --- Other kg. 7.5% - _Other inorganic oxygen compounds of non-metals_ : 2811 21 -- _Carbon dioxide :_ 2811 21 10 --- Dry ice kg. 7.5% 2811 21 90 --- Other kg. 7.5% 2811 22 00 -- Silicon dioxide kg. 7.5% 2811 29 -- _Other :_ 2811 29 10 --- Arsenic pentaoxide kg. 7.5% 2811 29 20 --- Arsenic trioxide kg. 7.5% 2811 29 30 --- Nitrous oxide kg. 7.5% 2811 29 40 --- Carbon monoxide kg. 7.5% 2811 29 50 --- Sulphur trioxide (sulphuric anhydride) kg. 7.5% 2811 29 90 --- Other kg. 7.5% **III. — HALOGEN OR SULPHUR COMPOUNDS OF** **NON-METALS** **2812** **HALIDES** **AND** **HALIDE** **OXIDES** **OF** **NON-METALS** - _Chlorides and chloride oxides :_ 2812 11 00 -- Carbonyl dichloride (phosgene) kg. 7.5% 2812 12 00 -- Phosphorous oxychloride kg. 7.5% 2812 13 00 -- Phosphorous trichloride kg. 7.5% 2812 14 00 -- Phosphorous pentachloride kg. 7.5% 2812 15 00 -- Sulphur monochloride kg. 7.5% 2812 16 00 -- Sulphur dichloride kg. 7.5% 2812 17 00 -- Thionyl chloride kg. 7.5% 2812 19 -- _Other:_ 2812 19 10 --- Sulpur oxychloride kg. 7.5% 2812 19 20 --- Silicon tetrachloride kg. 7.5% 2812 19 30 --- Arsenous trichloride kg. 7.5% 2812 19 90 --- Other kg. 7.5% 2812 90 00 - Other kg. 7.5% **2813** **SULPHIDES OF NON-METALS;** **COMMERCIAL PHOSPHORUS** **TRISULPHIDE** 2813 10 00 - Carbon disulphide kg. 7.5% 2813 90 - _Other :_ 2813 90 10 --- Arsenic disulphide (artificial) kg. 7.5% 2813 90 20 --- Commercial phosphorus trisulphide kg. 7.5% 2813 90 90 --- Other kg. 7.5% ----- **SECTION-VI** **CHAPTER-28** **(1)** **(2)** **(3)** **(4)** **(5)** **IV. — INORGANIC BASES AND OXIDES,** **HYDROXIDES AND PEROXIDES OF** **METALS** **2814** **AMMONIA,** **ANHYDROUS** **OR** **IN** **AQUEOUS** **SOLUTION** 2814 10 00 - Anhydrous ammonia kg. 5% 2814 20 00 - Ammonia in aqueous solution kg. 5% **2815** **SODIUM HYDROXIDE** **(CAUSTIC SODA);** **POTASSIUM** **HYDROXIDE (CAUSTIC POTASH);** **PEROXIDES OF** **SODIUM OR POTASSIUM** - _Sodium hydroxide (caustic soda) :_ 2815 11 -- _Solid :_ 2815 11 10 --- Flakes kg. 7.5% 2815 11 90 --- Other kg. 7.5% 2815 12 00 -- In aqueous solution (soda lye or liquid soda) kg. 7.5% 2815 20 00 - Potassium hydroxide (caustic potash) kg. 7.5% 2815 30 00 - Peroxides of sodium or potassium kg. 7.5% **2816** **HYDROXIDE** **AND** **PEROXIDE** **OF** **MAGNESIUM;** **OXIDES,** **HYDROXIDES** **AND PEROXIDES,** **OF STRONTIUM OR** **BARIUM** 2816 10 - _Hydroxide and peroxide of magnesium :_ 2816 10 10 --- Hydroxide of magnesium kg. 7.5% 2816 10 20 --- Peroxide of magnesium kg. 7.5% 2816 40 00 - Oxides, hydroxides and peroxides, of strontium or barium kg. 7.5% **2817** **ZINC** **OXIDE;** **ZINC** **PEROXIDE** 2817 00 _- Zinc oxide; zinc peroxide :_ 2817 00 10 --- Zinc oxide kg. 7.5% 2817 00 20 --- Zinc peroxide kg. 7.5% **2818** 2818 10 00 **ARTIFICIAL** **CORUNDUM,** **WHETHER** **OR** **NOT** **CHEMICALLY DEFINED; ALUMINIUM OXIDE;** **ALUMINIUM** **HYDROXIDE** Artificial corundum, whether or not chemically [kg. ] 7.5% defined 2818 20 - _Aluminium oxide, other than artificial corundum :_ --- _Alumina, calcined:_ 2818 20 11 ---- Metallurgical grade, conforming to IS 17441 kg. 5% 2818 20 19 ---- Non- metallurgical grade, conforming to IS 17441 kg. 5% 2818 20 90 --- Other kg. 7.5% 2818 30 00 - Aluminium hydroxide kg. 7.5% **2819** **CHROMIUM** **OXIDES** **AND** **HYDROXIDES** 2819 10 00 - Chromium trioxide kg. 7.5% 2819 90 00 - Other kg. 7.5% ----- **SECTION-VI** **CHAPTER-28** **(1)** **(2)** **(3)** **(4)** **(5)** **2820** **MANGANESE** **OXIDES** 2820 10 00 - Manganese dioxide kg. 7.5% 2820 90 00 - Other kg. 7.5% **2821** **IRON OXIDES AND HYDROXIDES;** **EARTH COLOURS** **CONTAINING** **70%** **OR** **MORE** **BY** **WEIGHT** **OF** **COMBINED IRON EVALUATED AS** **Fe2O3** 2821 10 - _Iron oxides and hydroxides :_ 2821 10 10 --- Iron oxides kg. 7.5% 2821 10 20 --- Iron hydroxides kg. 7.5% 2821 20 00 - Earth colours kg. 7.5% **2822** **COBALT** **OXIDES** **AND** **HYDROXIDES;** **COMMERCIAL** **COBALT OXIDES** 2822 00 _- Cobalt oxides and hydroxides; commercial_ _cobalt oxides:_ 2822 00 10 --- Cobalt oxides kg. 7.5% 2822 00 20 --- Cobalt hydroxides kg. 7.5% 2822 00 30 --- Commercial cobalt oxides kg. 7.5% **2823** **TITANIUM** **OXIDES** 2823 00 _- Titanium oxides :_ 2823 00 10 _---_ Titanium dioxide kg. 10% 2823 00 90 --- Other kg. 7.5% **2824** **LEAD** **OXIDES;** **RED** **LEAD** **AND** **ORANGE** **LEAD** 2824 10 - _Lead monoxide (litharge, massicot) :_ 2824 10 10 --- Litharge kg. 7.5% 2824 10 20 --- Massicot kg. 7.5% 2824 90 00 - Other kg. 7.5% **2825** **HYDRAZINE** **AND** **HYDROXYLAMINE** **AND** **THEIR** **INORGANIC** **SALTS;** **OTHER** **INORGANIC** **BASES;** **OTHER** **METAL** **OXIDES,** **HYDROXIDES** **AND** **PEROXIDES** 2825 10 - _Hydrazine_ _and_ _hydroxylamine_ _and_ _their_ _inorganic salts :_ 2825 10 10 --- Hydrazine anhydrous kg. 7.5% 2825 10 20 --- Hydrazine hydrate kg. 7.5% 2825 10 30 --- Hydrazine sulphate kg. 7.5% 2825 10 40 --- Hydroxylamine sulphate kg. 7.5% 2825 10 90 --- Other kg. 7.5% 2825 20 00 - Lithium oxide and hydroxide kg. 7.5% ----- **SECTION-VI** **CHAPTER-28** **(1)** **(2)** **(3)** **(4)** **(5)** 2825 30 - _Vanadium oxides and hydroxides :_ 2825 30 10 --- Vanadium pentaoxide flakes kg. 7.5% 2825 30 90 --- Other kg. 7.5% 2825 40 00 - Nickel oxides and hydroxides kg. Free 2825 50 00 - Copper oxides and hydroxides kg. 7.5% 2825 60 - _Germanium oxides and zirconium dioxide :_ 2825 60 10 --- Germanium oxides kg. 7.5% 2825 60 20 --- Zirconium dioxide kg. 7.5% 2825 70 - _Molybdenum oxides and hydroxides :_ 2825 70 10 --- Molybdenum trioxide kg. 7.5% 2825 70 20 --- Molybdic acid kg. 7.5% 2825 70 90 --- Other kg. 7.5% 2825 80 00 - Antimony oxides kg. 7.5% 2825 90 - _Other :_ 2825 90 10 --- Tin oxide kg. 7.5% 2825 90 20 --- Cadmium oxide kg. 7.5% 2825 90 40 --- Calcium hydroxide kg. 7.5% 2825 90 50 --- Ammonium hydroxide kg. 7.5% 2825 90 90 --- Other kg. 7.5% **V. — SALTS AND PEROXYSALTS, OF INORGANIC** **ACIDS AND METALS** **2826** **FLUORIDES;** **FLUOROSILICATES,** **FLUOROALUMINATES** **AND OTHER COMPLEX FLUORINE SALTS** _Fluorides :_ Of aluminium kg. 2826 12 00 - 7.5% 2826 19 -- _Other :_ 2826 19 10 --- Magnesium fluoride kg. 7.5% 2826 19 90 --- Other kg. 7.5% 2826 30 00 - Sodium hexafluoroaluminate (synthetic cryolite) kg. 7.5% 2826 90 00 - Other kg. 7.5% **2827** **CHLORIDES,** **CHLORIDE** **OXIDES** **AND** **CHLORIDE HYDROXIDES; BROMIDES AND** **BROMIDE OXIDES;** **IODIDES AND IODIDE OXIDES** 2827 10 00 - Ammonium chloride kg. 7.5% 2827 20 00 Calcium chloride _Other chlorides :_ kg. 7.5% 7.5% 2827 31 00 -- Of magnesium kg. 2827 32 00 -- Of aluminium kg. 7.5% 2827 35 00 -- Of nickel kg. 7.5% 2827 39 -- _Other :_ 2827 39 20 --- Mercurous chloride kg. 7.5% ----- **SECTION-VI** **CHAPTER-28** **(1)** **(2)** **(3)** **(4)** **(5)** 7.5% 2827 39 30 --- Strontium chloride kg. 2827 39 40 --- Cuprous chloride kg. 7.5% 2827 39 90 --- Other kg. 7.5% - _Chloride oxides and chloride hydroxides :_ 2827 41 -- Of copper : 2827 41 10 --- Copper oxychloride kg. 7.5% 2827 41 90 --- Other kg. 7.5% 2827 49 00 -- Other kg. 7.5% - _Bromides and bromide oxides :_ 2827 51 -- _Bromides of sodium or of potassium :_ 2827 51 10 --- Bromides of sodium kg. 7.5% 2827 51 20 --- Bromides of potassium kg. 7.5% 2827 59 -- _Other :_ 2827 59 10 --- Magnesium bromide kg. 7.5% 2827 59 90 --- Other kg. 7.5% 2827 60 - _Iodides and iodide oxides :_ 2827 60 10 --- Potassium iodide kg. 7.5% 2827 60 20 --- Sodium iodide kg. 7.5% 2827 60 90 --- Other kg. 7.5% **2828** **HY P OCH L O RI T ES ;** **C OM M ERC IA L** **C ALC I UM** **HYPOCHLORITES;** **CHLORITES;** **HYPOBROMITES** 2828 10 - _Commercial calcium hypochlorite and other_ _calcium hypochlorites :_ 2828 10 10 --- Commercial calcium hypochlorite (bleaching paste or powder) kg. 7.5% 2828 10 90 --- Other kg. 7.5% 2828 90 - _Other :_ --- _Sodium hypochlorites :_ 2828 90 11 ---- Bleaching paste or powder kg. 7.5% 2828 90 19 ---- Other kg. 7.5% 2828 90 20 --- Potassium hypochlorites kg. 7.5% 2828 90 30 --- Sodium chlorite kg. 7.5% 2828 90 40 --- Aluminium chlorite kg. 7.5% 2828 90 50 --- Hypobromites kg. 7.5% 2828 90 60 --- Bleaching paste or powder of other hypochlorites kg. 7.5% 2828 90 90 --- Other kg. 7.5% **2829** **CHLORATES** **AND** **PERCHLORATES;** **BROMATES** **AND PERBROMATES;** **IODATES AND PERIODATES** - _Chlorates :_ 2829 11 00 -- Of sodium kg. 7.5% 2829 19 -- _Other :_ 2829 19 10 --- Barium chlorate kg. 7.5% 2829 19 20 --- Potassium chlorate kg. 7.5% 2829 19 30 --- Magnesium chlorate kg. 7.5% ----- **SECTION-VI** **CHAPTER-28** **(1)** **(2)** **(3)** **(4)** **(5)** 2829 19 90 --- Other kg. 7.5% 2829 90 - _Other :_ 2829 90 10 --- Perchlorates kg. 7.5% 2829 90 20 --- Bromates and perbromates kg. 7.5% 2829 90 30 --- Iodates and periodates kg. 7.5% **2830** **SULPHIDES;** **POLYSULPHIDES,** **WHETHER** **OR** **NOT CHEMICALLY DEFINED** 2830 10 00 - Sodium sulphides kg. 7.5% 2830 90 - _Other :_ 2830 90 10 --- Sulphides kg. 7.5% 2830 90 20 --- Polysulphides kg. 7.5% **2831** **DITHIONITES** **AND** **SULPHOXYLATES** 2831 10 - _Of sodium :_ 2831 10 10 --- Sodium dithionites (sodium hydrosulphite) kg. 7.5% 2831 10 20 2831 90 2831 10 20 --- Sodium sulphoxylates (including sodium kg. 7.5% formaldehyde sulphoxylate) 2831 90 - _Other :_ 2831 90 10 --- Dithionites kg. 7.5% 2831 90 20 --- Sulphoxylates kg. 7.5% **2832** **SULPHITES;** **THIOSULPHATES** 2832 10 - _Sodium sulphites :_ 2832 10 10 --- Sodium bisulphite kg. 7.5% 2832 10 20 --- Sodium hydrosulphite kg. 7.5% 2832 10 90 --- Other kg. 7.5% 2832 20 - _Other sulphites :_ 2832 20 10 --- Potassium metabisulphite kg. 7.5% 2832 20 20 --- Magnesium sulphite kg. 7.5% 2832 20 90 --- Other kg. 7.5% 2832 30 - _Thiosulphates :_ 2832 30 10 --- Sodium thiosulphate (hypo) kg. 7.5% 2832 30 20 --- Magnesium thiosulphate kg. 7.5% 2832 30 90 --- Other kg. 7.5% -- kg. 7.5% **2833** **SULPHATES;** **ALUMS;** **PEROXOSULPHATES** **(PERSULPHATES)** - _Sodium sulphates :_ 2833 11 00 -- Disodium sulphate kg. 7.5% 2833 19 -- _Other :_ 2833 19 10 --- Sodium hydrogen sulphate (acid sulphate) kg. 7.5% 2833 19 20 --- Sodium pyrosulphate kg. 7.5% 2833 19 90 --- Other kg. 7.5% - _Other sulphates :_ 2833 21 00 -- Of magnesium kg. 7.5% ----- **SECTION-VI** **CHAPTER-28** **(1)** **(2)** **(3)** **(4)** **(5)** 2833 22 -- _Of aluminium :_ 2833 22 10 --- Aluminium sulphate (iron free) kg. 7.5% 2833 22 90 --- Other kg. 7.5% 2833 24 00 -- Of nickel kg. 7.5% 2833 25 00 -- Of copper kg. 7.5% 2833 27 00 -- Of barium kg. 7.5% 2833 29 -- _Other :_ 2833 29 10 --- Ferrous sulphate kg. 7.5% 2833 29 30 --- Quinidine sulphate kg. 7.5% 2833 29 40 --- Manganese sulphate kg. 7.5% 2833 29 50 --- Strontium sulphate kg. 7.5% 2833 29 90 --- Other kg. 7.5% 2833 30 - _Alums :_ 2833 30 10 --- Ammonium alum kg. 7.5% 2833 30 20 --- Ferric ammonium alum kg. 7.5% 2833 30 30 --- Potash alum kg. 7.5% 2833 30 90 --- Other kg. 7.5% 2833 40 00 - Peroxosulphates (persulphates) kg. 7.5% **2834** **NITRITES;** **NITRATES** 2834 10 - _Nitrites :_ 2834 10 10 --- Sodium nitrite kg. 7.5% 2834 10 90 2834 21 00 -- - Other _Nitrates :_ Of potassium kg. kg. 7.5% 7.5% 2834 29 -- _Other :_ 2834 29 10 --- Strontium nitrate kg. 7.5% 2834 29 20 --- Magnesium nitrate kg. 7.5% 2834 29 30 --- Barium nitrate kg. 7.5% 2834 29 90 --- Other kg. 7.5% **2835** **PHOSPHINATES** **(HYPOPHOSPHITES),** **PHOSPHONATES** **(PHOSPHITES)** **AND** **PHOSPHATES;** **POLYPHOSPHATES,** **WHETHER OR NOT CHEMICALLY DEFINED** 2835 10 - _Phosphinates (hypophosphites) and_ _phosphonates (phosphites) :_ 2835 10 10 --- Calcium hypophosphite kg. 7.5% 2835 10 20 --- Magnesium hypophosphite kg. 7.5% 2835 10 90 2835 22 00 -- - Other _Phosphates_ _:_ Of mono-or disodium kg. kg. 7.5% 7.5% 2835 24 00 -- Of potassium kg. 7.5% 2835 25 00 -- Calcium hydrogenorthophosphate kg. 7.5% ("dicalcium phosphate") 2835 26 -- _Other phosphates of calcium :_ ----- **SECTION-VI** **CHAPTER-28** **(1)** **(2)** **(3)** **(4)** **(5)** 7.5% 2835 26 10 --- Calcium monobasic phosphate kg. 2835 26 20 --- Calcium tribasic phosphate kg. 7.5% 2835 26 90 --- Other kg. 7.5% 2835 29 -- _Other :_ 2835 29 10 --- Magnesium phosphate, monobasic kg. 7.5% 2835 29 20 --- Magnesium phosphate, dibasic kg. 7.5% 2835 29 30 --- Magnesium phosphate, tribasic kg. 7.5% 2835 29 40 --- Sodium hexametaphosphate kg. 7.5% 2835 29 90 --- Other kg. 7.5% - _Polyphosphates :_ 2835 31 00 -- Sodium triphosphate (sodium tripoly-phosphate) kg. 7.5% 2835 39 00 -- Other kg. 7.5% **2836** **CARBONATES;** **PEROXOCARBONATES (PERCARBONATES);** **COMMERCIAL AMMONIUM CARBONATE CONTAINING** **AMMONIUM CARBAMATE** 2836 20 - _Disodium carbonate :_ 2836 20 10 --- Disodium carbonate, dense kg. 7.5% 2836 20 20 --- Disodium carbonate, light kg. 7.5% 2836 20 90 --- Other kg. 7.5% 2836 30 00 - Sodium hydrogencarbonate (sodium bicarbonate) kg. 7.5% 2836 40 00 - Potassium carbonates kg. 7.5% 2836 50 00 - Calcium carbonate kg. 7.5% 2836 60 00 - Barium carbonate kg. 7.5% - _Other :_ 2836 91 00 -- Lithium carbonates kg. 7.5% 2836 92 00 -- Strontium carbonate kg. 7.5% 2836 99 -- _Other :_ 2836 99 10 --- Percarbonates kg. 7.5% 2836 99 20 --- Magnesium carbonate kg. 7.5% 2836 99 30 --- Aluminium bicarbonate kg. 7.5% 2836 99 90 --- Other kg. 7.5% **2837** **CYANIDES,** **CYANIDE** **OXIDES** **AND** **COMPLEX** **CYANIDES** - _Cyanides and cyanide oxides :_ 2837 11 00 -- Of sodium kg. 10% 2837 19 -- _Other :_ 2837 19 10 --- Potassium cyanide kg. 7.5% 2837 19 20 --- Double cyanide of potassium and sodium kg. 7.5% 2837 19 90 --- Other kg. 7.5% 2837 20 - _Complex cyanides :_ 2837 20 10 --- Ammonium sulphocyanide kg. 7.5% 2837 20 20 --- Potassium ferricyanide kg. 7.5% 2837 20 30 --- Potassium ferrocyanide kg. 7.5% ----- **SECTION-VI** **CHAPTER-28** **(1)** **(2)** **(3)** **(4)** **(5)** 7.5% 2837 20 40 --- Sodium ferrocyanide kg. 2837 20 50 --- Sodium nitroprusside (sodium nitroferricyanide) kg. 7.5% 2837 20 90 --- Other kg. 7.5% **2839** **SILICATES;** **COMMERCIAL** **ALKALI** **METAL** **SILICATES** - _Of sodium :_ 2839 11 00 -- Sodium metasilicates kg. 7.5% 2839 19 00 -- Other kg. 7.5% 2839 90 - _Other :_ 2839 90 10 --- Magnesium trisilicate kg. 7.5% 2839 90 90 --- Other kg. 7.5% **2840** **BORATES;** **PEROXOBORATES** **(PERBORATES)** - _Disodium tetraborate (refined borax) :_ 2840 11 00 -- Anhydrous kg. 7.5% 2840 19 00 -- Other kg. 7.5% 2840 20 - _Other borates :_ 2840 20 10 --- Magnesium borate kg. 7.5% 2840 20 90 --- Other kg. 7.5% 2840 30 00 - Peroxoborates (perborates) kg. 7.5% **2841** **SALTS** **OF** **OXOMETALLIC** **OR** **PEROXOMETALLIC** **ACIDS** 2841 30 00 - Sodium dichromate kg. 7.5% 2841 50 - _Other chromates and dichromates; peroxochromates:_ 2841 50 10 --- Sodium chromate kg. 7.5% 2841 50 90 --- Other kg. 7.5% - _Manganites, manganates and permanganates :_ 2841 61 00 -- Potassium permanganate kg. 7.5% 2841 69 00 -- Other kg. 7.5% 2841 70 - _Molybdates :_ 2841 70 10 --- Aluminium molybdate kg. 7.5% 2841 70 20 --- Sodium molybdate kg. 7.5% 2841 70 90 --- Other kg. 7.5% 2841 80 - _Tungstates (wolframates) :_ 2841 80 10 --- Sodium tungstate kg. 7.5% 2841 80 20 --- Magnesium tungstate kg. 7.5% 2841 80 90 --- Other kg. 7.5% 2841 90 00 - Other kg. 7.5% **2842** **OTHER** **SALTS** **OF** **INORGANIC** **ACIDS** **OR** **PEROXOACIDS,** **(INCLUDING ALUMINOSILICATES,** **WHETHER OR NOT** **CHEMICALLY DEFINED),** **OTHER THAN AZIDES** 2842 10 00 - Double or complex silicates, including kg. 7.5% aluminosilicates, whether or not chemically defined ----- **SECTION-VI** **CHAPTER-28** **(1)** **(2)** **(3)** **(4)** **(5)** 2842 90 - _Other :_ 2842 90 10 --- Arsenites and arsenates kg. 7.5% 2842 90 20 --- Bichromates and dichromates kg. 7.5% 2842 90 90 --- Other kg. 7.5% **VI. — MISCELLANEOUS** **2843** **COLLOIDAL** **PRECIOUS** **METALS;** **INORGANIC** **OR** **ORGANIC** **COMPOUNDS** **OF** **PRECIOUS** **METALS, WHETHER** **OR** **NOT** **CHEMICALLY** **DEFINED;** **AMALGAMS** **OF** **PRECIOUS METALS** 2843 10 - _Colloidal precious metals :_ 2843 10 10 --- Of gold kg. 10% 2843 10 20 --- Of silver kg. 10% 2843 10 90 --- Other kg. 10% - _Silver compounds :_ 2843 21 00 -- Silver nitrate kg. 10% 2843 29 00 -- Other kg. 10% 2843 30 00 - Gold compounds kg. 10% 2843 90 - _Other compounds; amalgams :_ --- _Other compounds :_ 2843 90 11 ---- Sodium aurous thiosulphate kg. 10% 2843 90 12 ---- Noble metal solutions of platinum, kg. 10% rhodium and palladium 2843 90 19 ---- Other kg. 10% 2843 90 20 --- Amalgams kg. 10% **2844** **RADIOACTIVE CHEMICAL ELEMENTS AND RADIOACTIVE** **ISOTOPES** **(INCLUDING** **THE** **FISSILE OR FERTILE** **CHEMICAL ELEMENTS AND ISOTOPES) AND THEIR** **COMPOUNDS;** **MIXTURES** **AND** **RESIDUES** **CONTAINING** **THESE PRODUCTS** 2844 10 00 - Natural uranium and its compounds; alloys, kg 7.5% dispersions (including cermets), ceramic products and mixtures containing natural uranium or natural uranium compounds 2844 20 00 - Uranium enriched in U235 and its compounds; plutonium and its compounds; alloys, dispersions kg. Free (including cermets), ceramic products and mixtures containing uranium enriched in U235, plutonium or compounds of these products 2844 30 - _Uranium depleted in U235_ _and its compounds;_ _thorium and its compounds; alloys, dispersions_ _(including cermets), ceramic products and mixtures_ _containing uranium depleted in U235, thorium or_ _compounds of these products:_ ----- **SECTION-VI** **CHAPTER-28** **(1)** **(2)** **(3)** **(4)** **(5)** 2844 30 10 --- Uranium depleted in U235 and thorium and their alloys, unwrought or wrought and compounds kg. 7.5% thereof --- _Compounds of thorium or of uranium depleted in_ _U235 :_ 2844 30 21 ---- Thorium oxide kg. 7.5% 2844 30 22 ---- Thorium hydroxide kg. 7.5% 2844 30 23 ---- Thorium nitrate kg. 7.5% 2844 30 29 ---- Other kg. 7.5% 2844 30 30 --- Waste and scrap of uranium depleted in U235 or of thorium kg. 7.5% 2844 30 90 --- Other kg. 7.5% - Radioactive elements and isotopes and compounds other than those of sub-headings2844 10, 2844 20 or 2844 30; alloys, dispersions (including cermets), ceramic products and mixtures containing these elements, isotopes or compounds; radioactive residues: 2844 41 00 -- Tritium and its compounds; alloys, dispersions kg. 7.5% (including cermets), ceramic products and mixtures containing tritium or its compounds 2844 42 00 -- Actinium-225, actinium-227, californium-253, kg. 7.5% curium-240, curium-241, curium-242, curium243, curium-244, einsteinium-253, einsteinium254, gadolinium-148, polonium-208, polonium209, polonium-210, radium-223, uranium-230 or uranium-232, and their compounds; alloys, dispersions (including cermets), ceramic products and mixtures containing these elements or compounds Other radioactive elements and isotopes and kg. 7.5% 2844 43 00 - compounds; other alloys, dispersions (including cermets), ceramic products and mixtures containing these elements, isotopes or compounds 2844 44 00 -- Radioactive residues kg. 7.5% 2844 50 00 - Spent (irradiated) fuel elements (cartridges) of kg. 7.5% nuclear reactors **2845** **ISOTOPES** **OTHER** **THAN** **THOSE** **OF** **HEADING** **2844;** **COMPOUNDS,** **INORGANIC OR ORGANIC,** **OF SUCH** **ISOTOPES,** **WHETHER OR NOT CHEMICALLY DEFINED** 2845 10 00 - Heavy water (deuterium oxide) kg. 7.5% 2845 20 00 - Boron enriched in boron-10 and its compounds kg. 7.5% 2845 30 00 - Lithium enriched in lithium-6 and its compounds kg. 7.5% 2845 40 00 - Helium-3 kg. 7.5% 2845 90 - _Other :_ 2845 90 10 --- Nuclear fuels not elsewhere included or specified kg. 7.5% 2845 90 90 Other kg 7 5% ----- **2846** **COMPOUNDS,** **INORGANIC** **OR** **ORGANIC,** **OF** **RARE-EARTH** **METALS,** **OF YTTRIUM OR OF SCANDIUM OR OF MIXTURES** **OF THESE METALS** 2846 10 - _Cerium compounds :_ 2846 10 10 --- Cerium oxides kg. 7.5% 2846 10 90 --- Other kg. 7.5% 2846 90 - _Other :_ 2846 90 10 --- Rare-earth oxides not elsewhere included or kg. 7.5% specified 2846 90 20 --- Rare-earth fluorides not elsewhere included or kg. 7.5% specified 2846 90 30 --- Rare-earth chlorides not elsewhere included or kg. 7.5% specified 2846 90 90 --- Other kg. 7.5% **2847** **00** **00** **HYDROGEN** **PEROXIDE,** **WHETHER** **OR** **NOT** **SOLIDIFIED** **WITH UREA** kg. 7.5% **2849** **CARBIDES,** **WHETHER** **OR** **NOT** **CHEMICALLY** **DEFINED** 2849 10 00 - Of calcium kg. 7.5% 2849 20 - _Of silicon :_ 2849 20 10 --- Carborundum kg. 7.5% 2849 20 90 --- Other kg. 7.5% 2849 90 - _Other :_ 2849 90 10 --- Boron carbide kg. 7.5% 2849 90 20 --- Tungsten carbide kg. 7.5% 2849 90 90 --- Other kg. 7.5% **2850** **HYDRIDES,** **NITRIDES,** **AZIDES,** **SILICIDES** **AND** **BORIDES,** **WHETHER** **OR** **NOT** **CHEMICALLY** **DEFINED, OTHER** **THAN** **COMPOUNDS WHICH ARE** **ALSO CARBIDES** **OF** **HEADING** **2849** 2850 00 - _Hydrides, nitrides, azides, silicides and borides,_ _whether or not chemically defined, other than_ _compounds which are also carbides of heading_ _2849:_ 2850 00 10 --- Hydrides kg. 7.5% 2850 00 20 --- Nitrides kg. 7.5% 2850 00 30 --- Azides kg. 7.5% --- _Silicides :_ 2850 00 41 ---- Of calcium kg. 7.5% 2850 00 49 ---- Other kg. 7.5% 2850 00 50 --- Borides kg. 7.5% 2852 **INORGANIC** **OR** **ORGANIC** **COMPOUNDS** **OF** **MERCURY,** **WHETHER** **OR** **NOT** **CHEMICALLY** **DEFINED,** **EXCLUDING** **AMALGAMS** 2852 10 00 - Chemically defined kg. 7.5% ----- **SECTION-VI** **CHAPTER-28** **(1)** **(2)** **(3)** **(4)** **(5)** 2852 90 00 - Other kg. 7.5% **2853** **PHOSPHIDES, WHETHER OR NOT CHEMICALLY DEFINED** **,EXCLUDING FERROPHOSPHORUS; OTHER INOR- GANIC** **COMPOUNDS (INCLUDING DISTILLED OR CONDUCTIVITY** **WATER AND WATER OF SIMILAR PURITY); LIQUID AIR** **(WHETHER OR NOT RARE GASES HAVE BEEN REMOVED);** **COMPRESSED AIR; AMALGAMS, OTHER THAN AMALGAMS** **OF PRECIOUS METALS** 2853 10 00 - Cyanogen chloride (chlorcyan) kg. 7.5% 2853 90 - _Other:_ 2853 90 10 --- Distilled or conductivity water and water of similar kg. 7.5% purity 2853 90 20 --- Liquid air, whether or not rare gases have been kg. 7.5% removed 2853 90 30 --- Compressed air kg. 7.5% 2853 90 40 --- Amalgams, other than of precious metals kg. 7.5% 2853 90 90 --- Other kg. 7.5% ----- **SECTION-VI** **CHAPTER-29** **CHAPTER** **29** **_Organic chemicals_** **NOTES** **:** 1. Except where the context otherwise requires, the headings of this Chapter apply only to : (a) separate chemically defined organic compounds, whether or not containing impurities; (b) mixtures of two or more isomers of the same organic compound (whether or not containing impurities), except mixtures of acyclic hydrocarbon isomers (other than stereoisomers), whether or not saturated (Chapter 27); (c) the products of headings 2936 to 2939 or the sugar ethers, sugar acetals and sugar esters, and their salts, of heading 2940, or the products of heading 2941, whether or not chemically defined; (d) the products mentioned in (a), (b) or (c) above dissolved in water; (e) the products mentioned in (a), (b) or (c) above dissolved in other solvents provided that the solution constitutes a normal and necessary method of putting up these products adopted solely for reasons of safety or for transport and that the solvent does not render the product particularly suitable for specific use rather than for general use; (f) the products mentioned in (a), (b), (c), (d) or (e) above with an added stabiliser (including an anti-caking agent) necessary for their preservation or transport; (g) the products mentioned in (a), (b), (c), (d), (e) or (f) above with an added anti-dusting agent or a colouring or odoriferous substance or an emetic added to facilitate their identification or for safety reasons, provided that the additions do not render the product particularly suitable for specific use rather than forgeneral use; (h) the following products, diluted to standard strengths, for the production of azo dye: diazonium salts, couplers used for these salts and diazotisable amines and their salts. 2. This Chapter does not cover : (a) goods of heading 1504 or crude glycerol of heading 1520; (b) ethyl alcohol (heading 2207 or 2208); (c) methane or propane (heading 2711); (d) the compounds of carbon mentioned in Note 2 to Chapter 28; (e) Immunological products of heading 3002; (f) urea (heading 3102 or 3105); (g) colouring matter of vegetable or animal origin (heading 3203), synthetic organic colouring matter, synthetic organic products of a kind used as fluorescent brightening agents or as luminophores (heading 3204) or dyes or other colouring matter put up in forms or packings for retail sale (heading 3212); (h) enzymes (heading 3507); (ij) metaldehyde, hexamethylenetetramine or similar substances, put up in forms (for example, tablets, sticks or similar forms) for use as fuels or liquid or liquefied-gas fuels in containers of a kind used for filling or refilling cigarette or similar lighters and of a capacity not exceeding 300 cm[3 ](heading 3606); ----- **SECTION-VI** **CHAPTER-29** (k) products put up as charges for fire-extinguishers or put up in fire-extinguishing grenades, of heading 3813; ink removers put up in packing for retail sale, of heading 3824; or (l) optical elements, for example, of ethylenediamine tartrate (heading 9001). 3. Goods which could be included in two or more of the headings of this Chapter are to be classified in that one of those headings which occurs last in numerical order. 4. In headings 2904 to 2906, 2908 to 2911 and 2913 to 2920, any reference to halogenated, sulphonated, nitrated or nitrosated derivatives includes a reference to compound derivatives, such as sulphohalogenated, nitrohalogenated, nitrosulphonated or nitrosulphohalogenated derivatives. Nitro or nitroso groups are not to be taken as ―nitrogen-functions‖ for the purposes of heading 2929. For the purposes of headings 2911, 2912, 2914, 2918 and 2922, ―oxygen function‖, the characteristic organic oxygen-containing group of those respective headings, is restricted to the oxygen-functions referred to in headings 2905 to 2920. 5. (A) The esters of acid-function organic compounds of Sub-Chapters I to VII with organic compounds of these Sub-Chapters are to be classified with that compound which is classified in the heading which occurs last in numerical order in these Sub-Chapters. (B) Esters of ethyl alcohol with acid-function organic compounds of Sub-Chapters I to VII are to be classified in the same heading as the corresponding acid-function compounds. (C) Subject to Note 1 to Section VI and Note 2 to Chapter 28 : (1) inorganic salts of organic compounds such as acid-, phenol-or enol-function compounds or organic bases, of Sub-Chapters I to X or heading 2942, are to be classified in the heading appropriate to the organic compound; (2) salts formed between organic compounds of Sub-Chapters I to X or heading 2942 are to be classified in the heading appropriate to the base or to the acid (including phenol- or enol- function compounds) from which they are formed, whichever occurs last in numerical order in the Chapter. (3) co-ordination compounds, other than products classifiable in Sub-Chapter XI or heading 2941, are to be classified in the heading which occurs last in numerical order in Chapter 29, among those appropriate to the fragments formed by "cleaving" of all metal bonds, other than metal-carbon bonds. (D) Metal alcoholates are to be classified in the same heading as the corresponding alcohols except in the case of ethanol (heading 2905). (E) Halides of carboxylic acids are to be classified in the same heading as the corresponding acids. 6. The compounds of headings 2930 and 2931 are organic compounds the molecules of which contain, in addition to atoms of hydrogen, oxygen or nitrogen, atoms of other non-metals or of metals (such as sulphur, arsenic, or lead) directly linked to carbon atoms. Heading 2930 (organo-sulphur compounds) and heading 2931 (other organo-inorganic compounds) do not include sulphonated or halogenated derivatives (includingcompound derivatives) which, apart fromhydrogen, oxygen and nitrogen, only have directly linked to carbon the atoms of sulphur or of a halogen which give them their nature of sulphonated or halogenated derivatives (or compound derivatives). 7. Headings 2932, 2933 and 2934 do not include epoxides with a three-membered ring, ketone peroxides, cyclic polymers of aldehydes or of thioaldehydes, anhydrides of polybasic carboxylic acids, cyclic esters of polyhydric alcohols or phenols with polybasic acids or imides of polybasic acids. ----- **SECTION-VI** **CHAPTER-29** These provisions apply only when the ring-position hetero-atoms are those resulting solely from the cyclising function or functions here listed. 8. For the purpose of heading 2937 : (a) the term ―hormones‖ includes hormone-releasing or hormone-stimulating factors, hormone inhibitors and hormone antagonists (anti-hormones); (b) the expression ―used primarily as hormones‖ applies not only to hormone derivatives and structural analogues used primarily for their hormonal effect, but also to those derivatives and structural analogues used primarily as intermediates in the synthesis of products of this heading. **SUB-HEADING** **NOTE** **:** 1. Within any one heading of this Chapter, derivatives of a chemical compound (or group of chemical compounds) are to be classified in the same sub-heading as that compound (or group of compounds) provided that they are not more specially covered by any other sub-heading and that there is no residual sub-heading named ―other‖ in the series of sub-headings concerned. 2. Note 3 to this Chapter shall not be applicable to the sub-heading of this Chapter. **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard** **Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **I.** **—** **HYDROCARBONS** **AND** **THEIR** **HALOGENATED,** **SULPHONATED, NITRATED OR NITROSATED DERIVATIVES** **2901** **ACYCLIC** **HYDROCARBONS** 2901 10 00 -- saturated kg. 2.5% - _Unsaturated :_ 2901 21 00 -- Ethylene kg. 2.5% 2901 22 00 -- Propene (propylene) kg. 2.5% 2901 23 00 -- Butene (butylene) and isomers thereof kg. 2.5% 2901 24 00 -- Buta-1,3-diene and isoprene kg. 2.5% 2901 29 -- _Other :_ 2901 29 10 --- Acetylene, whether or not in dissolved condition kg. 2.5% 2901 29 20 --- Heptene (Heptylene) kg. 2.5% 2901 29 30 --- Dihydromyrcene kg. 2.5% 2901 29 40 --- Tetradecene kg. 2.5% 2901 29 90 --- Other kg. 2.5% **2902** **CYCLIC** **HYDROCARBONS** _Cyclanes, cyclenes and cycloterpenes :_ 2902 11 00 -- Cyclohexane kg. 2.5% 2902 19 -- Other: 2902 19 10 --- Cyclopropyl actetylene kg. 2.5% ----- **SECTION-VI** **CHAPTER-29** **(1)** **(2)** **(3)** **(4)** **(5)** 2.5% 2902 19 90 --- Other kg. 2902 20 00 - Benzene kg. 2.5% 2902 30 00 - Toluene kg. 2.5% - _Xylenes :_ 2902 41 00 -- o-Xylene kg. Free 2902 42 00 -- m-Xylene kg. 2.5% 2902 43 00 -- p-Xylene kg. Free 2902 44 00 -- Mixed xylene isomers kg. 2.5% 2902 50 00 - Styrene kg. 2.5% 2902 60 00 - Ethylbenzene kg. 2.5% 2902 70 00 - Cumene kg. 2.5% 2902 90 - _Other :_ 2902 90 10 --- Dipentene kg. 2.5% 2902 90 20 --- Diphenyl methane kg. 2.5% 2902 90 30 --- Dodecyclic benzenes (excluding mixed alkylarenes) kg. 2.5% 2902 90 40 --- Napthalene, pure kg. 2.5% 2902 90 50 --- Isobutyl benzene kg. 2.5% 2902 90 60 --- N-propyl benzene kg. 2.5% 2902 90 90 --- Other kg. 2.5% **2903** **HALOGENATED** **DERIVATIVES** **OF** **HYDROCARBONS** - _Saturated chlorinated derivatives of acyclic_ _hydrocarbons :_ 2903 11 -- _Chloromethane_ _(methyl_ _chloride)_ _and_ _chloroethane (ethyl chloride) :_ 2903 11 10 --- Chloromethane (methyl chloride) kg. 7.5% 2903 11 20 --- Chloroethane (ethyl chloride) kg. 5% 2903 12 00 -- Dichloromethane (methylene chloride) kg. 7.5% 2903 13 00 -- Chloroform (trichloro methane) kg. 7.5% 2903 14 00 -- Carbon tetrachloride kg. 5% 2903 15 00 -- Ethylene dichloride (ISO) (1, 2-dichloroethane) kg. Free 2903 19 -- _Other :_ 2903 19 10 --- Tetrachloroethane kg. 5% 2903 19 20 --- Trichloroethane kg. 5% 2903 19 90 --- Other kg. 5% - _Unsaturated chlorinated derivatives of acyclic_ _hydrocarbons_ **_:_** 2903 21 00 -- Vinyl chloride (chloroethylene) kg. 2.5% 2903 22 00 -- Trichloroethylene kg. 7.5% 2903 23 00 -- Tetrachloroethylene (perchloroethylene) kg. 5% 2903 29 00 -- Other kg. 5% - _Saturated fluorinated derivatives of acyclic_ _hydrocarbons:_ 2903 41 00 -- Trifluoromethane (HFC-23) kg. 7.5% 2903 42 00 2903 43 00 -- Difluoromethane (HFC-32) kg. -- Fluoromethane (HFC-41), 1,2-difluoroethane kg. (HFC-152) and 1,1-difluoroethane (HFC- 152a) 7.5% 7.5% ----- **SECTION-VI** **CHAPTER-29** **(1)** **(2)** **(3)** **(4)** **(5)** 2903 44 00 2903 45 00 2903 46 00 2903 47 00 - - ### - - ### 7.5% 7.5% 7.5% 7.5% kg. kg. kg. kg. Pentafluoroethane (HFC-125), 1,1,1- trifluoroethane (HFC-143a) and 1,1,2- trifluoroethane (HFC-143) 1,1,1,2-Tetrafluoroethane (HFC-134a) and 1,1,2,2tetrafluoroethane (HFC-134) 1,1,1,2,3,3,3-Heptafluoropropane (HFC- 227ea), 1,1,1,2,2,3-hexafluoropropane (HFC- 236cb), 1,1,1,2,3,3-hexafluoropropane (HFC- 236ea) and 1,1,1,3,3,3-hexafluoropropane (HFC-236fa) 1,1,1,3,3-Pentafluoropropane (HFC-245fa) and 1,1,2,2,3-pentafluoropropane (HFC- 245ca) 2903 48 00 -- 1,1,1,3,3-Pentafluorobutane (HFC-365mfc) and kg. 7.5% 1,1,1,2,2,3,4,5,5,5-decafluoropentane (HFC-4310mee) 2903 49 00 -- Other kg. 7.5% - _Unsaturated fluorinated derivatives of acyclic_ _hydrocarbons:_ 2903 51 00 -- 2,3,3,3-Tetrafluoropropene (HFO-1234yf), 1,3,3,3- kg. 7.5% tetrafluoropropene (HFO-1234ze) and (z)-1,1,1,4,4,4 -hexafluoro-2-butene (HFO- 1336mzz) 2903 59 -- Other 2903 59 10 -- 1,1,3,3,3-pentafluoro-2-(trifluoromethyl)prop-1 kg. 7.5% ene[Perfluoroisobutene (PFIB)] 2903 59 90 --- Other - _Brominated or iodinated derivatives of acyclic_ _hydrocarbons:_ 2903 61 00 -- Methyl bromide (bromomethane) kg. 7.5% 2903 62 00 -- Ethylene dibromide (ISO) (1,2-dibromoethane) kg. 7.5% 2903 69 00 -- Other kg. 7.5% - _Halogenated derivatives of acyclichydrocarbons_ _containing two or moredifferent halogen:_ 2903 71 00 -- Chlorodifluoromethane (HCFC-22) kg. 7.5% 2903 72 00 -- Dichlorotrifluoroethanes (HCFC-123) kg. 7.5% 2903 73 00 -- Dichlorofluoroethanes (HCFC-141, 141b) kg. 7.5% 2903 74 00 -- Chlorodifluoroethanes (HCFC-142, 142b) kg. 7.5% 2903 75 00 -- Dichloropentafluoropropanes (HCFC-225, 225ca, kg. 7.5% 225cb) 2903 76 -- _Bromochlorodifluoromethane (Halon-1211),_ _bromotrifluoromethane (Halon-1301) and_ _dibromotetrafluoroethanes (Halon-2402):_ 2903 76 10 --- Bromochlorodifluoromethane (Halon-1211) kg. 7.5% 2903 76 20 --- Bromotrifluoromethane (Halon-1301) kg. 7.5% 2903 76 30 --- Dibromotetrafluoroethanes (Halon-2402) kg. 7.5% 2903 77 - -- Other, perhalogenated only with fluorine and chlorine Chlorofluoromethanes: 2903 77 11 ---- Chlorotrifluoromethane kg. 7.5% 2903 77 12 ---- Dichlorodifluoromethane kg. 7.5% 2903 77 13 ---- Trichlorofluoromethane kg. 7.5% ----- 2903 77 21 ---- Chlorpentafluoroethane kg. 7.5% 2903 77 22 ---- 1,2- Dichlorotetrafluoroethane kg. 7.5% 2903 77 23 ---- Trichlorotrifluoroethane kg. 7.5% 2903 77 24 ---- Tetrachlorodifluoroethane kg. 7.5% 2903 77 25 2903 77 31 --- -- --- Pentachlorofluoroethane Chlorofluoropropanes: Chloroheptafluoropropane kg. kg. 7.5% 7.5% 2903 77 32 ---- Dichlorohexafluoropropane kg. 7.5% 2903 77 33 ---- Trichloropentafluoropropane kg. 7.5% 2903 77 34 ---- Tetrachlorotetrafluoropropane kg. 7.5% 2903 77 35 ---- Pentachlorotrifluoropropane kg. 7.5% 2903 77 36 ---- Hexachlorodifluoropropane kg. 7.5% 2903 77 37 ---- Heptachlorofluoropropane kg. 7.5% 2903 77 90 --- Other derivatives, perhalogenated only with fluorine and chlorine kg. 7.5% 2903 78 00 -- Other perhalogenated derivatives kg. 7.5% 2903 79 00 -- Other kg. 7.5% - _Halogenated derivatives of cyclanic, cyclenic or_ _cycloterpenic hydrocarbons :_ 2903 81 00 -- 1,2,3,4,5,6-Hexachlorocyclohexane [HCH (ISO)], kg. 7.5% including lindane (ISO, INN) 2903 82 00 -- Aldrin (ISO), chlordane (ISO) kg. 7.5% 2903 83 00 -- Mirex (ISO) kg. 7.5% 2903 89 00 - - Other kg. 7.5% - Halogenated derivatives of aromatic hydrocarbons: 2903 91 -- Chlorobenzene, o-dichlorobenzene and p-dichloro benzene: 2903 91 10 --- Chlorobenzene (monochloro) kg. 7.5% 2903 91 20 --- o - dichlorobenzene (Orthodichlorobenzene) kg. 7.5% 2903 91 30 --- p - dichlorobenzene (Paradichlorobenzene) kg. 7.5% 2903 92 -- Hexachlorobenzene (ISO) and DDT (ISO) [clofenotane (INN), 1,1,1-trichloro-2,2-bis (p chlorophenyl)ethane]: 2903 92 10 --- Hexachlorobenzene (ISO) kg. 7.5% --- DDT (ISO) [(clofenotane (INN),1,1,1-trichloro 2,2-bis (p-chlorophenyl)ethane]: 2903 92 21 ---- DDT Technical 75 Wdp kg. 7.5% 2903 92 29 ---- Other kg. 7.5% 2903 93 00 -- Pentachlorobenzene (ISO) kg. 7.5% 2903 94 00 -- Hexabromobiphenyls kg. 7.5% 2903 99 -- Other: 2903 99 10 --- Chlorofluorobenzene kg. 7.5% 2903 99 20 --- Benzalchloride (Benzyl dichloride) kg. 7.5% 2903 99 30 --- Benzotrichloride kg. 7.5% 2903 99 40 --- Benzylchloride kg. 7.5% 2903 99 50 --- Parachlorotoluene (4-chloromethyl benzene) kg. 7.5% 2903 99 60 --- Naphthalene, chlorinated kg. 7.5% 2903 99 70 --- Chlorofluoroaniline kg. 7.5% 2903 99 90 --- Other kg. 7.5% **2904** **SULPHONATED, NITRATED OR NITROSATED DERIVATIVES OF** **HYDROCARBONS WHETHER OR NOT HALOGENATED** ----- _salts and ethyl esters_ **_:_** 2904 10 10 --- Benzene sulphonic acid kg. 5% 2904 10 20 --- 1,5 Napthelene disulphonic acid (Armstrong‗s acid) kg. 5% 2904 10 30 --- Napthelene sulphonic acid kg. 5% 2904 10 90 --- Other kg. 5% 2904 20 _- Derivatives containing only nitro or only nitroso_ _groups :_ 2904 20 10 --- Nitrobenzene kg. 5% 2904 20 20 --- Meta dinitrobenzene kg. 5% 2904 20 30 --- Meta nitrotoluene kg. 5% 2904 20 40 --- Ortho nitrotoluene kg. 5% 2904 20 50 --- Para nitrotoluene kg. 5% 2904 20 60 --- Dinitrotoluene kg. 5% 2904 20 90 --- Other kg. 5% - _Perfluorooctane sulphonic acid, its salts and_ _perfluorooctane sulphonyl_ _fluoride:_ 2904 31 00 -- Perfluorooctane sulphonic acid kg. 5% 2904 32 00 -- Ammonium perfluorooctane sulphonate kg. 5% 2904 33 00 -- Lithium perfluorooctane sulphonate kg. 5% 2904 34 00 -- Potassium perfluorooctane sulphonate kg. 5% 2904 35 00 -- Other salts of perfluorooctane sulphonic acid kg. 5% 2904 36 00 -- Perfluorooctane sulphonyl fluoride kg. 5% _- Other_ **_:_** 2904 91 00 -- Trichloronitromethane (chloropicrin) kg. 5% 2904 99 -- Other: 2904 99 10 --- 2, 5 dichloronitrobenzene kg. 5% 2904 99 20 --- Dinitrochlorebenzene kg. 5% 2904 99 30 --- Meta nitrochlorobenzene kg. 5% 2904 99 40 --- Ortho nitrochlorobenzene kg. 5% 2904 99 50 --- Para nitrochlorobenzene kg. 5% 2904 99 60 --- 2-nitrochlorotoluene kg. 5% 2904 99 70 --- Sodium meta nitrochlorobenzene sulphonate kg. 5% 2904 99 90 --- Other kg. 5% **II.** **— ALCOHOLS AND THEIR HALOGENATED,** **SULPHONATED, NITRATED OR NITROSATED** **DERIVATIVES** **2905** **ACYCLIC** **ALCOHOLS** **AND** **THEIR** **HALOGENATED,** **SULPHONATED,NITRATED OR NITROSATED DERIVATIVES** - _Saturated monohydric alcohols_ **_:_** 2905 11 00 -- Methanol (methyl alcohol) kg. 2.5% 2905 12 _-- Propan-1-o1_ _(propyl alcohol) and propan-2-ol_ _(isopropyl alcohol)_ **_:_** 2905 12 10 --- Propyl alcohol kg. 7.5% 2905 12 20 --- Isopropyl alcohol kg. 7.5% 2905 13 00 -- Butan-1-ol (n-butyl alcohol) kg. 7.5% 2905 14 _-- Other butanols_ **_:_** 2905 14 10 --- Ethambutol, ethambutol Hcl kg. 7.5% 2905 14 20 --- Salbutamol sulphate kg. 7.5% 2905 14 30 --- Amino butanol kg. 7.5% ----- **SECTION-VI** **CHAPTER-29** **(1)** **(2)** **(3)** **(4)** **(5)** 2905 14 90 --- Other kg. 7.5% 2905 16 _-- Octanol (octyl alcohol) and isomers thereof :_ 2905 16 10 --- Dimethyl octanol kg. 7.5% 2905 16 20 --- 2-ethyl hexanol kg. 7.5% 2905 16 90 --- Other kg. 7.5% 2905 17 00 -- Dodecan-1-ol (lauryl alcohol),hexadecan-1-ol (cetyl kg. 7.5% alcohol) and octadecan-1-ol (stearyl alcohol) 2905 19 --- _Other:_ 2905 19 10 --- 2-Butanol, 3, 3-dimethyl- kg. 7.5% 2905 19 90 --- Other kg. 7.5% _- Unsaturated monohydric alcohols :_ 2905 22 _-- Acyclic terpene alcohols :_ 2905 22 10 --- Citranellol kg. 7.5% 2905 22 20 --- Geraniol kg. 7.5% 2905 22 30 --- Linalool kg. 7.5% 2905 22 40 --- Rhodinol kg. 7.5% 2905 22 50 --- Dihydromyrcenol kg. 7.5% 2905 22 90 --- Other kg. 7.5% 2905 29 00 -- Other kg. 7.5% _- Diols :_ 2905 31 00 -- Ethylene glycol (ethanediol) kg. 5% 2905 32 00 -- Propylene glycol (propane-1,2-diol) kg. 7.5% 2905 39 _-- Other :_ 2905 39 10 --- 1,4/1,3/2,3-butylene glycol kg. 7.5% 2905 39 20 --- Hexylene glycol kg. 7.5% 2905 39 90 --- Other kg. 7.5% _- Other polyhydric alcohols :_ 2905 41 00 -- 2-Ethyl-2-(hydroxymethyl) propane-1,3-diol kg. 7.5% (trimethylolropane) 2905 42 -- _Pentaerythritol_ **_:_** 2905 42 10 --- Dipentaerythritol kg. 7.5% 2905 42 90 --- Other kg. 7.5% 2905 43 00 -- Mannitol kg. 20% 2905 44 00 -- D-glucitol (Sorbitol) kg. 20% 2905 45 00 -- Glycerol kg. 7.5% 2905 49 00 -- Other kg. 7.5% _- Halogenated, sulphonated, nitrated or nitrosated_ _derivatives of acyclic alcohols :_ 2905 51 00 -- Ethchlorvynol (INN) kg. 7.5% 2905 59 00 -- Other kg. 7.5% **2906** **CYCLIC ALCOHOLS AND THEIR HALOGENATED, SULPHONATED,** **NITRATED OR NITROSATED DERIVATIVES** ----- **SECTION-VI** **CHAPTER-29** **(1)** **(2)** **(3)** **(4)** **(5)** _- Cyclanic, cyclenic or cycloterpenic :_ 2906 11 00 -- Menthol kg. 7.5% 2906 12 00 2906 13 2906 12 00 -- Cyclohexanol, methylcyclohexanols and kg. 7.5% dimethylcyclohexanols 2906 13 _--_ _Sterols and inositols :_ 2906 13 10 --- Cholesterol kg. 7.5% 2906 13 90 --- Other kg. 7.5% 2906 19 _-- Other :_ 2906 19 10 --- Borneol kg. 7.5% - _--_ kg. 7.5% 2906 19 90 2906 21 00 -- _-_ - Other _Aromatic :_ Benzyl alcohol kg. kg. 7.5% 7.5% 2906 29 _-- Other :_ 2906 29 10 --- Cinnamic alcohol kg. 7.5% 2906 29 20 --- Phenylethyl alcohol kg. 7.5% 2906 29 90 --- Other kg. 7.5% **III.** **— PHENOLS, PHENOL-ALCOHOLS, AND THEIR HALOGENATED,** **SULPHONATED, NITRATED OR NITROSATED DERIVATIVES** **2907** **PHENOLS;** **PHENOL-ALCOHOLS** _- Monophenols_ _:_ 2907 11 _-- Phenol (hydroxybenzene) and its salts :_ 2907 11 10 --- Phenol, as pure carbolic acid kg. 7.5% 2907 11 90 --- Other kg. 7.5% 2907 12 _-- Cresols and their salts :_ 2907 12 10 --- Para cresols (p-cresols) kg. 7.5% 2907 12 20 --- Cresylic acid kg. 7.5% 2907 12 90 --- Other kg. 7.5% 2907 13 00 -- Octylphenol, nonylphenol and their isomers; kg. 7.5% salts thereof 2907 15 _-- Naphthols and their salts :_ 2907 15 10 --- Alpha naphthols kg. 7.5% 2907 15 20 --- Beta naphthols kg. 7.5% 2907 15 90 --- Other kg. 7.5% 2907 19 _-- Other :_ 2907 19 10 --- _o-Phenyl phenols_ kg. 7.5% 2907 19 20 --- _p-Phenyl phenols_ kg. 7.5% 2907 19 30 --- Thymol kg. 7.5% 2907 19 40 --- Para tertiary butyl phenol kg. 7.5% 2907 19 50 --- Alkyl phenols kg. 7.5% 2907 19 90 --- Other kg. 7.5% _- Polyphenols ; phenol-alcohols :_ 2907 21 00 -- Resorcinol and its salts kg. 7.5% ----- **SECTION-VI** **CHAPTER-29** **(1)** **(2)** **(3)** **(4)** **(5)** 2907 22 00 -- Hydroquinone (quinol) and its salts kg. 7.5% 2907 23 00 2907 29 - _--_ 4,4 –isopropylidenediphenol (bis-phenol A, diphenylolpropane) and its salts _Other :_ kg. 7.5% 2907 29 10 --- 1,5- Dihydroxy naphthalene kg. 7.5% 2907 29 20 --- Tris (p-hydroxy phenyl) ethane kg. 7.5% 2907 29 30 --- Tertiary butyl hydroquinone kg. 7.5% 2907 29 90 --- Other kg. 7.5% **2908** **HALOGENATED,** **SULPHONATED,** **NITRATED** **OR** **NITROSATED DERIVATIVES** **OF** **PHENOLS** **OR PHENOL-** **ALCOHOLS** _Derivatives containing only halogen substituents_ _and their salts:_ Pentachlorophenol (ISO) Other _Other:_ Dinoseb (ISO) and its salts kg kg. kg. 2908 11 00 2908 19 00 2908 91 00 _-_ - - - 7.5% 7.5% 7.5% 2908 92 00 -- 4,6-Dinitro-o-cresol [DNOC (ISO)] and its salts Kg. 7.5% 2908 99 -- Other: 2908 99 10 --- Para nitrophenol kg. 7.5% 2908 99 20 --- Muskxylol kg. 7.5% 2908 99 90 --- Other kg. 7.5% **IV. — ETHERS, ALCOHOL PEROXIDES,** **ETHER** **PEROXIDES,** **ACETAL** **AND** **HEMIACETAL** **PEROXIDES,** **KETONE** **PEROXIDES, EPOXIDES WITH A THREE-** **MEMBERED** **RING,** **ACETALS** **AND** **HEMIACETALS,** **AND** **THEIR** **HALOGENATED,** **SULPHONATED,** **NITRATED** **OR** **NITROSATED** **DERIVATIVES** **2909** **ETHERS, ETHER-ALCOHOLS, ETHER-PHENOLS, ETHER-** **ALCOHOL-PHENOLS, ALCOHOL PEROXIDES, ETHER** **PEROXIDES, ACETAL AND HEMIACETAL PEROXIDES** **KETONE PEROXIDES (WHETHER OR NOT** **CHEMICALLY** **DEFINED), AND THEIR HALOGENATED, SULPHONATED,** **NITRATED** **OR NITROSATED DERIVATIVES** _Acyclic ethers and their halogenated, sulphonated_ _nitrated or nitrosated derivatives :_ Diethyl ether _,_ kg. 7.5% 2909 11 00 _-_ - 2909 19 -- Other: 2909 19 10 --- Tertiary amyl methyl ether kg. 7.5% 2909 19 20 --- Methyl tertiary butyl ether (MTBE) kg. 7.5% 2909 19 90 --- Other kg. 7.5% ----- **SECTION-VI** **CHAPTER-29** **(1)** **(2)** **(3)** **(4)** **(5)** 2909 20 00 - Cyclanic, cyclenic or cycloterpenic ethers and their halogenated, kg. 7.5% sulphonated, nitrated or nitrosated derivatives 2909 30 _- Aromatic ethers and their halogenated,_ _sulphonated,nitrated or nitrosated derivatives :_ _--- Anisole and their derivatives :_ 2909 30 11 ---- 4-chloro-2-nitro anisole kg. 7.5% 2909 30 12 ---- Ortho nitro anisole kg. 7.5% 2909 30 19 ---- Other kg. 7.5% 2909 30 20 --- Diphenyl oxide kg. 7.5% 2909 30 30 --- Musk ambrette kg. 7.5% 2909 30 90 --- Other kg. 7.5% _- Ether-alcohols and their halogenated, sulphonated,_ _nitrated or nitrosated derivatives :_ 2909 41 00 -- 2,2'-Oxydiethanol (diethylene glycol, digol) kg. 7.5% 2909 43 00 -- Monobutyl ethers of ethylene glycol or of diethylene glycol kg. 7.5% 2909 44 00 -- Other monoalkylethers of ethylene glycol or of diethylene glycol kg. 7.5% 2909 49 - - Other: 2909 49 10 - - - Phenoxy ethanol kg. 7.5% 2909 49 20 - - - 1-(4-phenoxyphenoxy) propan-2-ol kg. 7.5% 2909 49 30 - - - Meta phenoxy benzyl alcohol (MPBA) kg. 7.5% 2909 49 90 - - - Other kg. 7.5% 2909 50 _- Ether-phenols, ether-alcohol-phenols and their_ _halogenated, sulphonated, nitrated or nitrosated_ _derivatives :_ 2909 50 10 --- Guaiacol kg. 7.5% 2909 50 20 --- Isoeugenol kg. 7.5% 2909 50 30 --- Potassium guaiacol sulphonate kg. 7.5% 2909 50 40 --- 4-methoxy phenol (mono methyl ether of kg. 7.5% hydroquinone) 2909 50 50 --- Butylated hydroxyanisole (BHA) kg. 7.5% 2909 50 90 --- Other kg. 7.5% 2909 60 00 - Alcohol peroxides, ether peroxides, acetal and hemiacetal peroxides, ketone peroxides and their halogenated, sulphonated, nitrated or nitrosated derivatives **2910** **EPOXIDES,** **EPOXYALCOHOLS,** **EPOXYPHENOLS** **AND** **EXPOXYETHERS, WITH A THREE-MEMBERED RING,** **AND THEIR HALOGENATED, SULPHONATED,** **NITRATED OR NITROSATED DERIVATIVES** kg. 7.5% 2910 10 00 - Oxirane (ethylene oxide) kg. 7.5% 2910 20 00 - Methyloxirane (propylene oxide) kg. 5% 2910 30 00 - 1-chloro-2,3-expoxypropane (epichlorohydrin) kg. 7.5% ----- **SECTION-VI** **CHAPTER-29** **(1)** **(2)** **(3)** **(4)** **(5)** 2910 40 00 - Dieldrin (ISO, INN) kg. 7.5% 2910 50 00 - Endrin (ISO) kg. 7.5% 2910 90 00 - Other kg. 7.5% **2911** **ACETALS** **AND HEMIACETALS, WHETHER** **OR NOT** **WITH** **OTHER OXYGEN FUNCTION, AND THEIR HALOGENATED,** **SULPHONATED, NITRATED** **OR NITROSATED** **DERIVATIVES** 2911 00 - _Acetals and hemiacetals, whether or not with other_ _oxygen function, and their halogenated, sulphonated,_ _nitrated or nitrosated derivatives :_ 2911 00 10 --- Acetals and hemiacetals, whether or not with other oxygen function kg. 7.5% 2911 00 90 --- Other kg. 7.5% **V. — ALDEHYDE-FUNCTION COMPOUNDS** **2912** **ALDEHYDES,** **WHETHER OR NOT WITH OTHER OXYGEN** **FUNCTION; CYCLIC POLYMERS OF ALDEHYDES;** **PARAFORMALDEHYDE** _- Acyclic aldehydes without other oxygen function :_ 2912 11 00 -- Methanal (formaldehyde) kg. 7.5% 2912 12 00 -- Ethanal (acetaldehyde) kg. 7.5% 2912 19 _-- Other :_ 2912 19 10 --- Crotonaldehyde kg. 7.5% 2912 19 20 --- Heptaldehyde (heptanal) kg. 7.5% 2912 19 30 --- Glyoxal kg. 7.5% 2912 19 90 2912 21 00 -- _-_ - Other _Cyclic aldehydes without other oxygen function :_ Benzaldehyde kg. kg. 7.5% 7.5% 2912 29 _-- Other :_ 2912 29 10 --- Cinnamic aldehyde kg. 7.5% 2912 29 20 --- Phenyl acetaldehyde kg. 7.5% 2912 29 30 --- Hexyl cinnamic aldehyde kg. 7.5% 2912 29 90 2912 41 00 -- - Other Aldehyde-alcohols, aldehyde-ethers, aldehydephenols and aldehydes with other oxygen function : Vanillin (4-hydroxy-3methoxy benzaldehyde) kg. kg. 7.5% 7.5% 2912 42 00 -- Ethylvanillin (3-ethoxy-4-hydroxy-benzaldehyde) kg. 7.5% 2912 49 _-- Other :_ 2912 49 10 --- Anisic aldehyde (Anisaldehyde) kg. 7.5% 2912 49 20 --- Heliotropin (piperonyl aldehyde) kg. 7.5% 2912 49 30 --- Thiacetazone kg. 7.5% 2912 49 40 --- 3,4,5-trimethoxy-benzaldehyde kg. 7.5% ----- **SECTION-VI** **CHAPTER-29** **(1)** **(2)** **(3)** **(4)** **(5)** --- Other: 2912 49 91 ---- Aldehyde-alcohols Kg. 7.5% 2912 49 99 ---- Other Kg. 7.5% 2912 50 00 - Cyclic polymers of aldehydes kg. 7.5% 2912 60 00 - Paraformaldehyde kg. 7.5% **2913** **HALOGENATED, SULPHONATED, NITRATED** **OR** **NITROSATED** **DERIVATIVES OF PRODUCTS OF HEADING 2912** 2913 00 _- Halogenated, sulphonated, nitrated or nitrosated_ _derivatives of products of heading_ 2912 _:_ 2913 00 10 --- Ortho-chloro-benzaldehyde kg. 7.5% 2913 00 90 --- Other kg. 7.5% **VI.** **— KETONE-FUNCTION COMPOUNDS AND** **QUINONE - FUNCTION COMPOUNDS** **2914** **KETONES AND QUINONES,** **WHETHER OR NOT WITH** **OTHER OXYGEN** **FUNCTION, AND THEIR HALOGENATED,** **SULPHONATED, NITRATED OR NITROSATED** **DERIVATIVES** _- Acyclic ketones without other oxygen function :_ 2914 11 00 -- Acetone kg. 7.5% 2914 12 00 -- Butanone (methyl ethyl ketone) kg. 7.5% 2914 13 00 -- 4-methylpentan-2-one (methyl isobutyl ketone) kg. 7.5% 2914 19 _-- Other :_ 2914 19 10 --- Isophoron kg. 7.5% 2914 19 90 2914 22 00 -- _-_ - Other _Cyclanic, cyclenic or cycloterpenic ketones_ _without other oxygen function :_ Cyclohexanone and methyl-cyclohexanones kg. kg. 7.5% 7.5% 2914 23 _-- Ionones and methylionones :_ 2914 23 10 --- Beta-ionone kg. 7.5% 2914 23 20 --- Pseudo ionone kg. 7.5% 2914 23 90 --- Other kg. 7.5% 2914 29 _-- Other :_ 2914 29 10 2914 29 21 ---- --- L-caravone Camphor: Natural kg. Kg. 7.5% 7.5% 2914 29 22 ---- Synthetic Kg. 7.5% 2914 29 30 --- Pentyl-2-cyclopenten-1-one kg. 7.5% 2914 29 40 --- Cyclohexane dione kg. 7.5% 2914 29 50 2914 29 90 -- -- 7-acetyl, 1,2,3,4,5,6,7,8-octahydro, 1,1, 6,7-tetra methyl Naphthalene / 1-(2,3,8,8-tetramethyl-1,2, 3,4,5,6,7,8-octahydronaphthalen-2-yl) ethanone Other kg. kg. 7.5% 7.5% ----- **SECTION-VI** **CHAPTER-29** **(1)** **(2)** **(3)** **(4)** **(5)** _- Aromatic ketones without other oxygen function :_ 2914 31 00 -- Phenylacetone (phenylpropan-2-one) kg. 7.5% 2914 39 _-- Other_ **_:_** 2914 39 10 --- Aceto phenone kg. 7.5% 2914 39 20 --- Benzanthrone kg. 7.5% 2914 39 30 --- Benzophenone kg. 7.5% 2914 39 40 --- Dibenzanthrone (violanthrone) kg. 7.5% 2914 39 90 --- Other kg. 7.5% 2914 40 00 - Ketone-alcohols and ketone-aldehydes kg. 7.5% 2914 50 00 - Ketone-phenols and ketones with other oxygen kg. 7.5% function - Quinones : 2914 61 00 -- Anthraquinone kg. 7.5% 2914 62 00 -- Coenzyme Q 10 (ubidecarenone (INN) kg. 7.5% 2914 69 _-- Other :_ 2914 69 10 --- 1,4- dihydroxy anthraquinone (quinizarin) kg. 7.5% 2914 69 20 --- Methyl anthraquinone kg. 7.5% 2914 69 90 --- Other kg. 7.5% _- Halogenated, sulphonated, nitrated or_ _nitrosated derivatives :_ 2914 71 00 **-** Chlordecone (ISO) kg. 7.5% 2914 79 **-** Other: 2914 79 10 --- 1-chloro anthraquinone kg. 7.5% 2914 79 20 --- Musk ketone kg. 7.5% 2914 79 30 - - - Tri fluoro methyl acetophenone kg. 7.5% 2914 79 40 - - - Chloro-4-(4-chloro phenoxy) acetophenone kg. 7.5% 2914 79 50 - - - Dichloroacetophenone kg. 7.5% 2914 79 90 --- Other kg. 7.5% **VII.—CARBOXYLIC** **ACIDS** **AND** **THEIR** **ANHYDRIDES, HALIDES, PEROXIDES AND** **PEROXYACIDS** **AND** **THEIR** **HALOGENATED,** **SULPHONATED,** **NITRATED OR NITROSATEDDERIVATIVES** **2915** **SATURATED ACYCLIC MONOCARBOXYLIC** **ACIDS** **AND THEIR** **ANHYDRIDES,** **HALIDES,** **PEROXIDES** **AND** **PEROXYACIDS;** **THEIR** **HALOGENATED,** **SULPHONATED,** **NITRATED OR** **NITROSATED DERIVATIVES** _Formic acid, its salts and esters :_ Formic acid kg. 2915 11 00 _-_ - 7.5% 2915 12 _-- Salts of formic acid :_ 2915 12 10 --- Sodium formate kg. 7.5% 2915 12 90 --- Other kg. 7.5% 2915 13 00 -- Esters of formic acid kg. 7.5% ----- **SECTION-VI** **CHAPTER-29** **(1)** **(2)** **(3)** **(4)** **(5)** _- Acetic acid and its salts; acetic anhydride :_ 2915 21 00 -- Acetic acid kg. 5% 2915 24 00 -- Acetic anhydride kg. 7.5% 2915 29 _-- Other :_ 2915 29 10 --- Calcium acetate kg. 7.5% 2915 29 20 --- Magnesium acetate kg. 7.5% 2915 29 30 --- Manganese acetate kg. 7.5% 2915 29 90 --- Other kg. 7.5% _- Esters of acetic acid :_ 2915 31 00 -- Ethyl acetate kg. 7.5% 2915 32 00 -- Vinyl acetate kg. 7.5% 2915 33 00 -- _n-Butyl acetate_ kg. 7.5% 2915 36 00 -- Dinoseb (ISO) acetate kg. 7.5% 2915 39 _-- Other :_ 2915 39 10 --- Benzyl acetate kg. 7.5% 2915 39 20 --- Bornyl acetate and iso bornyl acetate kg. 7.5% 2915 39 30 --- Linalyl acetate kg. 7.5% 2915 39 40 --- Methyl acetate kg. 7.5% 2915 39 50 --- Phenyl propyl acetate kg. 7.5% 2915 39 60 --- Terpinyl acetate kg. 7.5% 2915 39 70 --- Ortho tertiary butyl cyclohexyl acetate kg. 7.5% 2915 39 80 --- Para tertiary butyl cyclohexyl acetate kg. 7.5% --- Other: 2915 39 91 ---- Methyl cyclohexyl acetate kg. 7.5% 2915 39 92 ---- Ethylene glycol mono ethyl ether acetate kg. 7.5% 2915 39 99 ---- Other kg. 7.5% 2915 40 _- Mono-, di- or trichloroacetic acids, their salts_ _and esters :_ 2915 40 10 --- Monochloroacetic acid, their salts and esters kg. 7.5% 2915 40 20 --- Dichloroacetic acid, their salts and esters kg. 7.5% 2915 40 30 --- Trichloroacetic acid, their salts and esters kg. 7.5% 2915 50 00 - Propionic acid, its salts and esters kg. 7.5% 2915 60 _- Butanoic acids, pentanoic acids, their salts_ _and esters :_ 2915 60 10 --- Butanoic acids, their salts and esters kg. 7.5% 2915 60 20 --- Pentanoic acids, their salts and esters kg. 7.5% 2915 70 _- Palmitic acid, stearic acid, their salts and esters :_ 2915 70 10 --- Palmitic acid kg. 7.5% 2915 70 20 --- Stearic acid kg. 7.5% 2915 70 30 --- Glycerol monostearate kg. 7.5% 2915 70 40 --- H.C.O.Fattyacid (including 12-hydroxy stearic acid) kg. 7.5% 2915 70 50 --- D.C.O. Fatty acid kg. 7.5% 2915 70 90 --- Other kg. 7.5% 2915 90 _- Other :_ 2915 90 10 --- Acetyl chloride kg. 7.5% ----- **SECTION-VI** **CHAPTER-29** **(1)** **(2)** **(3)** **(4)** **(5)** 7.5% 2915 90 40 --- Pivaloyl chloride kg. 2915 90 50 --- N-valeryl chloride kg. 7.5% 2915 90 60 --- N-octanoyl chloride kg. 7.5% 2915 90 70 --- Neodecanoyl chloride kg. 7.5% --- Other: 2915 90 91 ---- Hexoic acid (caproic acid) kg. 7.5% 2915 90 92 ---- Octoic acid (caprylic acid) kg. 7.5% 2915 90 93 ---- Tri fluoro acetic acid kg. 7.5% 2915 90 94 ---- Ethyl difluoro acetate kg. 7.5% 2915 90 95 ---- Ethyl trifluoro acetate kg. 7.5% 2915 90 99 ---- Other kg. 7.5% **2916** **UNSATURATED ACYCLIC MONOCARBOXYLIC ACIDS,** **CYCLIC MONOCARBOXYLIC ACIDS, THEIR ANHYDRIDES,** **HALIDES,** **PEROXIDES** **AND** **PEROXYACIDS;** **THEIR** **HALOGENATED,** **SULPHONATED,** **NITRATED** **OR** **NITROSATED DERIVATIVES** _-_ _Unsaturated acyclic monocarboxylic acids, their_ _anhydrides, halides, peroxides, peroxyacids - their_ _derivatives :_ 2916 11 00 -- Acrylic acid and its salts kg. 7.5% 2916 12 _-- Esters of acrylic acid :_ 2916 12 10 --- Butyl acrylate kg. 7.5% 2916 12 90 --- Other kg. 7.5% 2916 13 _-- Methacrylic acid and its salts :_ 2916 13 10 --- Methacrylic acid kg. 7.5% 2916 13 20 --- Salts of methacrylic acid kg. 7.5% 2916 14 00 -- Esters of methacrylic acid kg. 7.5% 2916 15 2916 15 10 _--_ -- _Oleic, linoleic or linolenic acids, their salts_ _and esters :_ Oleic acid kg. 7.5% 2916 15 90 --- Other kg. 7.5% 2916 16 00 -- Binapacryl (ISO) Kg. 7.5% 2916 19 _-- Other :_ 2916 19 10 --- Undecylenic acid kg. 7.5% 2916 19 20 --- Bismuth compounds of unsaturated acyclic kg. 7.5% 2916 19 30 2916 19 40 2916 19 50 -- -- -- monoacids Potassium compounds of unsaturated acyclic monoacids Sodium compounds of unsaturated acyclic monoacids Esters of unsaturated acyclic monoacids not kg. kg. 7.5% 7.5% elsewhere specified kg. 7.5% 2916 19 60 --- Sorbic acid kg. 7.5% 2916 19 70 --- Erucic acid kg. 7.5% 2916 19 90 --- Other kg. 7.5% ----- **SECTION-VI** **CHAPTER-29** **(1)** **(2)** **(3)** **(4)** **(5)** 2916 20 - Cyclanic, cyclenic or cycloterpenic monocarboxylic acids,their anhydrides, halides, peroxides, peroxyacids and their derivatives: 2916 20 10 --- D. V. acid chloride/cypermethric acid chloride kg. 7.5% 2916 20 20 --- Bifenthrin (ISO) kg. 7.5% 2916 20 90 --- Other kg. 7.5% _-_ _Aromatic monocarboxylic acids, their anhydrides,_ _halides,_ _peroxides,_ _peroxyacids_ _and_ _their_ _derivatives :_ 2916 31 _--_ _Benzoic acid, its salts and esters :_ 2916 31 10 --- Benzoic acid kg. 7.5% 2916 31 20 --- Benzyl benzoate kg. 7.5% 2916 31 30 --- Methyl benzoate kg. 7.5% 2916 31 40 --- Sodium benzoate kg. 7.5% 2916 31 50 --- Benzocaine (ethylpara-amino benzoate) kg. 7.5% 2916 31 60 --- Orthochloro benzoic acid kg. 7.5% 2916 31 90 --- Other kg. 7.5% 2916 32 00 -- Benzoyl peroxide and benzoyl chloride kg. 7.5% 2916 34 00 -- Phenylacetic acid and its salts kg. 7.5% 2916 39 _-- Other_ **_:_** 2916 39 10 --- Cinnamic acid kg. 7.5% 2916 39 20 --- Bismuth compounds of aromatic monoacids kg. 7.5% 2916 39 30 --- Potassium compounds of aromatic monoacids kg. 7.5% 2916 39 40 --- Sodium compounds of aromatic monoacids kg. 7.5% 2916 39 50 --- Esters of aromatic monoacids not elsewhere kg. 7.5% specified 2916 39 60 --- Dichlorophenyl acetyl chloride kg. 7.5% 2916 39 90 --- Other kg. 7.5% **2917** **POLYCARBOXYLIC** **ACIDS,** **THEIR** **ANHYDRIDES,** **HALIDES,** **PEROXIDES AND PEROXYACIDS; THEIR HALOGENATED,** **SULPHONATED, NITRATED OR NITROSATED DERIVATIVES** _- Acyclic polycarboxylic acids, their anhydrides,_ _halides, peroxides, peroxyacids and their_ _derivatives_ **_:_** 2917 11 _-- Oxalic acid, its salts and esters :_ 2917 11 10 --- Oxalic acid kg. 7.5% 2917 11 20 --- Calcium oxalate kg. 7.5% 2917 11 30 --- Strontiumoxalate kg. 7.5% 2917 11 40 --- Diethyl oxalate kg. 7.5% 2917 11 90 --- Other kg. 7.5% 2917 12 00 -- Adipic acid, its salts and esters kg. 7.5% 2917 13 -- _Azelaic acid, sebacic acid, their salts and esters:_ 2917 13 10 --- Sebacic Acid kg. 7.5% 2917 13 90 --- Other kg. 7.5% 2917 14 00 -- Maleic anhydride kg. 7.5% ----- **SECTION-VI** **CHAPTER-29** **(1)** **(2)** **(3)** **(4)** **(5)** 2917 19 _-- Other :_ 2917 19 10 --- Maleic acid kg. 7.5% 2917 19 20 --- Malonic acid kg. 7.5% 2917 19 30 --- Succinic acid kg. 7.5% 2917 19 40 --- Ferrous fumarate kg. 7.5% 2917 19 50 --- Fumaric acid kg. 7.5% 2917 19 60 --- Itaconic acid kg. 7.5% 2917 19 70 --- Ethoxy methylene malonate, diethyl malonate kg. 7.5% 2917 19 90 --- Other kg. 7.5% 2917 20 00 - Cyclanic, cyclenic or cycloterpenic, polycarboxylic acids, their anhydrides, halides, peroxides, peroxyacids and their derivatives kg. 7.5% _Aromatic polycarboxylic acids, their anhydrides,_ _halides,_ _peroxides,_ _peroxyacids_ _and_ _their_ _derivatives :_ Dioctyl orthophthalates kg. 2917 32 00 _-_ - 2917 32 00 -- Dioctyl orthophthalates kg. 7.5% 2917 33 00 -- Dinonyl or didecyl orthophthalates kg. 7.5% 2917 34 00 -- Other esters of orthophthalic acid kg. 7.5% 2917 35 00 -- Phthalic anhydride kg. 7.5% 2917 36 00 -- Terephthalic acid and its salts kg. 5% 2917 37 00 -- Dimethyl terephthalate kg. 5% 2917 39 _-- Other :_ 2917 39 10 --- Dibutyl phthalate kg. 7.5% 2917 39 20 --- Dioctyl isophthalate and dioctyl terephthalate kg. 7.5% 2917 39 30 --- Phthalic acid kg. 7.5% 2917 39 40 --- Dimethyl phthalate kg. 7.5% 2917 39 50 --- Trimellitic anhydride kg. 7.5% 2917 39 60 --- Isophthalic acid kg. 7.5% 2917 39 90 --- Other kg. 7.5% **2918** **CARBOXYLIC ACIDS WITH ADDITIONAL OXYGEN** **FUNCTION AND THEIR ANHYDRIDES, HALIDES,** **PEROXIDES AND PEROXYACIDS; THEIR HALOGENATED,** **SULPHONATED,** **NITRATED** **OR** **NITROSATED** **DERIVATIVES** _Carboxylic acids with alcohol function, but_ _without other oxygen function, their anhydrides,_ _halides,_ _peroxides,_ _peroxyacids_ _and_ _their_ _derivatives :_ _Lactic acid, its salts and esters :_ 2918 11 _-_ - 2918 11 10 --- Lactic acid kg. 7.5% 2918 11 20 --- Calcium lactate kg. 7.5% 2918 11 90 --- Other kg. 7.5% ----- **SECTION-VI** **CHAPTER-29** **(1)** **(2)** **(3)** **(4)** **(5)** 2918 12 00 -- Tartaric acid kg. 7.5% 2918 13 -- _Salts and esters of tartaric acid :_ 2918 13 10 --- Potassium bitartrate kg. 7.5% 2918 13 20 --- Metroprolol tartrate kg. 7.5% 2918 13 90 --- Other kg. 7.5% 2918 14 00 -- Citric acid kg. 7.5% 2918 15 -- _Salts and esters of citric acid :_ 2918 15 10 --- Potassium citrate kg. 7.5% 2918 15 20 --- Sodium citrate kg. 7.5% **-** 2918 15 30 --- Bismuth citrate kg. 7.5% 2918 15 40 --- Disodium hydrogen citrate kg. 7.5% 2918 15 50 --- Ferric ammonium citrate kg. 7.5% 2918 15 90 --- Other kg. 7.5% 2918 16 -- _Gluconic acid, its salts and esters :_ 2918 16 10 --- Calciumgluconate kg. 7.5% 2918 16 20 --- Ferrous gluconate kg. 7.5% 2918 16 90 --- Other kg. 7.5% 2918 17 00 -- 2, 2-Diphenyl-2-hydroxyacetic acid (benzilic acid) kg. 7.5% 2918 18 00 -- Chlorobenzilate (ISO) kg. 7.5% 2918 19 -- _Other:_ 2918 19 10 --- Benzeneacetic acid, alpha-hydroxy-alpha-phenyl- kg. 7.5% 2918 19 20 --- Cholic acid kg. 7.5% 2918 19 30 --- Ricinoleic acid kg. 7.5% 2918 19 90 --- Other kg. 7.5% - _Carboxylic acids with phenol function but without_ _other oxygen function, their anhydrides, halides,_ _peroxides, peroxyacids and their derivatives :_ 2918 21 _-- Salicylic acid and its salts :_ 2918 21 10 --- Salicylic acid kg. 7.5% 2918 21 20 --- Sodiumsalicylate kg. 7.5% 2918 21 90 --- Other kg. 7.5% 2918 22 00 -- O-Acetylsalicylic acid, its salts and esters kg. 7.5% 2918 23 _-- Other esters of salicylic acid and their salts :_ 2918 23 10 --- Methyl salicylate kg. 7.5% 2918 23 20 --- Amino salicylate kg. 7.5% 2918 23 30 --- Salicylamide kg. 7.5% 2918 23 40 - - - Benzyl salicylate kg. 7.5% 2918 23 90 --- Other kg. 7.5% 2918 29 -- _Other :_ 2918 29 10 --- Gallic acid kg. 7.5% 2918 29 20 --- Beta hydroxy napthoic acid kg. 7.5% 2918 29 30 --- Propyl gallate kg. 7.5% 2918 29 90 --- Other kg. 7.5% 2918 30 _- Carboxylic acids with aldehyde or ketone function_ ----- **SECTION-VI** **CHAPTER-29** **(1)** **(2)** **(3)** **(4)** **(5)** _but without other oxygen function, their anhydrides,_ _halides, peroxides,peroxyacids and their derivatives:_ 2918 30 10 --- Levulinic acid kg. 7.5% 2918 30 20 --- Ethyl aceto acetate (acetoacetic ester) kg. 7.5% 2918 30 30 --- Nalidixic acid kg. 7.5% 2918 30 40 --- Methyl aceto acetate kg. 7.5% 2918 30 50 --- Fluoro benzoyl butyric acid kg. 7.5% 2918 30 90 2918 91 00 -- - Other kg. _Other :_ 2, 4, 5-T(ISO) (2, 4, 5-trichlorophenoxyacetic acid), kg. its salts and esters 7.5% 7.5% 2918 99 - - Other: 2918 99 10 --- Sodium phenoxy acetate kg. 7.5% 2918 99 20 --- Methyl (E)-2-[2-(chloro methyl) phenyl]-3- kg. 7.5% methoxyacrylate 2918 99 90 --- Other kg. 7.5% **VIII.** **—ESTERS OF INORGANIC ACIDS OF** **NON- METALS AND THEIR SALTS, AND** **THEIR HALOGENATED, SULPHONATED,** **NITRATED** **OR** **NITROSATED** **DERIVATIVES** **2919** **PHOSPHORIC ESTERS AND THEIR SALTS, INCLUDING** **LACTOPHOSPHATES;** **THEIR** **HALOGENATED,** **SULPHONATED,** **NITRATED** **OR** **NITROSATED** **DERIVATIVES** 2919 10 00 - Tris(2,3-dibromopropyl) phosphate kg. 7.5% 2919 90 - _Other:_ 2919 90 10 --- Glycerophosphoric acid kg. 7.5% 2919 90 20 --- Calcium glycerophosphate kg. 7.5% 2919 90 30 --- Iron glycerophosphate kg. 7.5% 2919 90 40 --- Sodium glycerophosphate kg. 7.5% 2919 90 50 --- Tricresyl phosphate kg. 7.5% 2919 90 90 --- Other kg. 7.5% **2920** **ESTERS** **OF** **OTHER** **INORGANICACIDS** **OF** **NON-** **METALS(EXCLUDING ESTERS OF HYDROGEN HALIDES)** **AND** **THEIR** **SALTS;** **THEIR** **HALOGENATED,** **SULPHONATED, NITRATED** **OR** **NITROSATED** **DERIVATIVES** _Thiophosphoric esters (phosphorothioates) and_ _their_ _salts;_ _their_ _halogenated,_ _sulphonated,_ _nitrated or nitrosated derivatives :_ ----- **SECTION-VI** **CHAPTER-29** **(1)** **(2)** **(3)** **(4)** **(5)** 2920 11 00 -- Parathion (ISO) and parathion-methyl (ISO) kg. 7.5% (methylparathion) 2920 19 -- _Other:_ 2920 19 20 --- Thiophosphoric ester (phosphorothioates) kg. 7.5% and their salts, their halogenated, sulphonated, nitrated or nitrosated derivatives 2920 19 90 --- Other kg. 7.5% _- Phosphite esters and their salts; their halo- genated,_ _sulphonated, nitrated or nitrosated v derivatives:_ 2920 21 00 -- Dimethyl phosphite kg. 7.5% 2920 22 00 -- Diethyl phosphite kg. 7.5% 2920 23 00 -- Trimethyl phosphite kg. 7.5% 2920 24 00 -- Triethyl phosphite kg. 7.5% 2920 29 _-- Other:_ 2920 29 10 --- Dimethyl sulphate kg. 7.5% 2920 29 20 --- Diethyl sulphate kg. 7.5% 2920 29 30 --- Tris (2, 3 Dibromopropyl) phosphate kg. 7.5% 2920 29 90 --- Other kg. 7.5% 2920 30 00 - Endosulfan (ISO) kg. 7.5% 2920 90 00 - Other kg. 7.5% **IX.—NITROGEN-FUNCTION COMPOUNDS** **2921** 2921 11 2921 11 10 _--_ -- kg. **AMINE- FUNCTION** **COMPOUNDS** _Acyclic monoamines and their derivatives; salts_ _thereof :_ _Methylamine, di- or trimethylamine and their_ _salts :_ Dimethyl formide 7.5% 2921 11 90 --- Other kg. 7.5% 2921 12 00 -- 2-(N, N-Dimethylamino)ethylchloride hydrochloride kg. 7.5% 2921 13 00 -- 2-(N, N-Diethylamino)ethylchloride hydrochloride kg. 7.5% 2921 14 00 -- 2-(N, N-Diisopropylamino)ethylchloride hydrochloride kg. 7.5% 2921 19 -- Other: 2921 19 10 --- 2-Chloro N, N-Diisopropyl ethylamine kg. 7.5% 2921 19 20 --- 2-Chloro N, N-Dimethyl ethanamine kg. 7.5% 2921 19 90 2921 21 00 -- _-_ - Other _Acyclic polyamines and their derivatives; salts_ _thereof :_ Ethylenediamine and its salts kg. kg. 7.5% 7.5% 2921 22 00 -- Hexamethylenediamine and its salts kg. 7.5% 2921 29 -- _Other :_ 2921 29 10 --- Hexamethylene tetramine (hexamine) not put kg. 7.5% _-_ 2921 29 20 -- up as fuel or medicament Trimethylene triniframine kg. 7.5% ----- 2921 30 2921 30 10 2921 30 90 2921 41 _-_ -- -- _-_ - _Cyclanic, cyclenic or cycloterpenic mono or_ _polyamines, and their derivatives; salts thereof :_ Cyclohexylamine Other _Aromatic monoamines and their derivatives;_ _salts thereof :_ _Aniline and its salts :_ kg. 7.5% kg. 7.5% 2921 41 10 --- Aniline kg. 7.5% 2921 41 20 --- Aniline hydrochloride kg. 7.5% 2921 41 90 --- Other kg. 7.5% 2921 42 2921 42 11 - _---_ --- _Aniline derivatives and their salts :_ _Para chloroaniline, ortho chloro paranitroaniline,_ _dichloroaniline, 2, 6-dichloro paranitroaniline,_ 2-4-5-trichloroaniline : Para chloroaniline kg. 7.5% 2921 42 12 ---- Ortho chloro paranitroaniline kg. 7.5% 2921 42 13 ---- Dichloroaniline kg. 7.5% 2921 42 14 ---- 2, 6-dichloro paranitroaniline kg. 7.5% 2921 42 15 ---- 2 - 4 - 5 trichloroaniline kg. 7.5% --- N-benzyl-N-ethylaniline, N,N-diethylaniline, N,N dimethylaniline, meta nitroaniline, para nitroaniline: 2921 42 21 ---- N-benzyl-N-ethylaniline kg. 7.5% 2921 42 22 ---- N,N-diethylaniline kg. 7.5% 2921 42 23 ---- N,N-dimethylaniline kg. 7.5% 2921 42 24 ---- N-ethyl aniline kg. 7.5% 2921 42 25 ---- Meta nitroaniline kg. 7.5% 2921 42 26 ---- Para nitroaniline kg. 7.5% _---_ 2-amino 3, 5 _xylne sulphonic acid, Benzyl ethyl_ _aniline sulphuric acid, metanillic acid (meta_ _amino benzene sulphonic acid), Sulphanillic_ _acid (para aminobenzene sulphonic acid para_ _aniline_ _sulphonic_ _acid),_ _Ethyl_ _hydroxy_ _ethylaniline,, Methyl dopa (1-alpha methyl-3,_ 4_dihydroxyphenylaniline) :_ 2921 42 31 ---- 2-amino 3, 5 xylne sulphonic acid kg. 7.5% 2921 42 32 ---- Benzyl ethyl aniline sulphonic acid kg. 7.5% 2921 42 33 ---- Metanillic acid (meta amino benzene sulphonic acid) kg. 7.5% 2921 42 34 ---- Sulphanillic acid (para aminobenzene sulphonic kg. 7.5% acid para aniline sulphonic acid) 2921 42 35 ---- Ethyl hydroxy ethylaniline kg. 7.5% 2921 42 36 ---- Methyl dopa (1-alpha methyl-3, 4- kg. 7.5% dihydroxyphenylaniline) 2921 42 90 --- Other kg. 7.5% _-- Toluidines and their derivatives; salts thereof :_ 2921 43 10 --- N,N-diethyl toluidine kg. 7.5% 2921 43 20 --- N,N-dimethyl toluidine kg. 7.5% 2921 43 30 --- Ortho toluidine kg. 7.5% 2921 43 40 --- Meta toluidine kg. 7.5% 2921 43 50 --- Para toluidine kg. 7.5% 2921 43 60 --- 2-Chloro-5-toluidine-4-sulphonic acid kg. 7.5% 2921 43 70 --- 2-Chloro-4-toluidine-5-sulphonic acid (sodiumsalt) kg. 7.5% 2921 43 80 --- 4-Toluidine-3-sulphonic acid kg. 7.5% ----- 2921 44 10 --- Diphenylamine kg. 7.5% 2921 44 90 --- Other kg. 7.5% 2921 45 _--_ 1-Naphthylamine (alpha-naphthylamine), 2 _Naphthylamine (betanaph thylamine) and their_ _derivatives; salts thereof :_ _--- Alpha naphthylamine,_ _Phenyl_ _alpha_ _naphthylamine,_ _Phenyl_ _beta_ _naphthylamine,_ _Amino_ _F-acid,_ _Aminolineli-R-acid,_ _Sodium_ _naphthionate :_ 7.5% 2921 45 11 ---- Alpha naphthylamine kg. 2921 45 12 ---- Phenyl alpha naphthylamine kg. 7.5% 2921 45 13 ---- Phenyl beta naphthylamine kg. 7.5% 2921 45 14 ---- Amino F-acid kg. 7.5% 2921 45 15 ---- Aminolineli-R-acid kg. 7.5% 2921 45 16 2921 45 21 --- _---_ --- Sodiumnaphthionate _Bronner’s acid (2-naphthylamine-6-sulphonic_ _acid), cleve’s acid (1-naphthylamine-6-_ _sulphonic acid), epsilon acid (1- naphthylamine-_ 3,8-disulphonic acid), koch’s acid (1_naphthylamine-3,6,8-trisulphonic acid),Laurent’s_ _acid (1-naphthylamine-5-sulphonic acid), tobias_ _acid (2-naphthylamine-1- sulphonic acid) :_ Bronner‗s acid (2-naphthylamine-6-sulphonic acid) kg. kg. 7.5% 7.5% 2921 45 22 ---- Cleve‗s acid (1-naphthylamine-6-sulphonic acid) kg. 7.5% 2921 45 23 ---- Epsilonacid (1-naphthylamine-3,8-disulphonic acid) kg. 7.5% 2921 45 24 ---- Koch‗s acid (1-naphthylamine-3,6,8-trisulphonic kg. 7.5% kg. kg. kg. 2921 45 25 2921 45 26 2921 45 31 --- --- _---_ --- acid) Laurent‗s acid (1-naphthylamine-5-sulphonic acid) Tobias acid (2-naphthylamine-1-sulphonic acid) _Naphthionic acid (1-naphthylamine-4-_ _sulphonic acid), Para tolyl peri acid (para_ _tolyl-1-naphthylamine 8-sulphonic acid),_ _phenyl peri acid (phenyl- 1-naphthylamine-8-_ _sulphonic acid) :_ Naphthionic acid (1-naphthylamine-4-sulphonic acid) 7.5% 7.5% 7.5% 2921 45 32 ---- Para tolyl peri acid (para tolyl-1-naphthylamine 8-sulphonic acid) 2921 45 33 ---- Phenyl peri acid (phenyl-1-naphthylamine 8-sulphonic acid) kg. 7.5% kg. 7.5% 2921 45 90 --- Other kg. 7.5% 2921 46 00 -- Amfetamine (INN), benzfetamine (INN) dexamfetamine (INN), etilamfetamine (INN) kg. 7.5% fencamfamin(INN),lefetamine (INN), levamfetamine (INN), mefenorex (INN) and phentermine (INN); salts thereof 2921 49 _--_ _Other :_ 2921 49 10 --- Xylidines kg. 7.5% 2921 49 20 --- Para cumidine kg. 7.5% 2921 49 90 --- Other kg. 7.5% _- Aromatic polyamines and their derivatives;_ _salts thereof :_ ----- 2921 51 10 --- O-phenylenediamine kg. 7.5% 2921 51 20 --- M-phenylenediamine (m-di aminobenzene) kg. 7.5% 2921 51 30 --- P-phenylenediamine kg. 7.5% 2921 51 40 --- O-diaminotoluene kg. 7.5% 2921 51 50 --- M-diaminotoluene kg. 7.5% 2921 51 60 --- P-diaminotoluene kg. 7.5% 2921 51 70 --- Para-amino acetanilide kg. 7.5% 2921 51 80 --- Meta toluylene diamine kg. 7.5% 2921 51 90 --- Other kg. 7.5% 2921 59 _-- Other :_ 2921 59 10 --- Benzidine kg. 7.5% 2921 59 20 --- Benzidine dihydrochloride kg. 7.5% 2921 59 30 --- 3, 3 dichlorobenzidine dihydrochloride sulphate kg. 7.5% 2921 59 40 --- Diaminostilbene 2,2-disulphonic acid (Dasda) kg. 7.5% 2921 59 90 --- Other kg. 7.5% **2922** **OXYGEN-FUNCTION** **AMINO-COMPOUNDS** _- Amino-alcohols, other than those containing_ _more than one kind of oxygen function, their_ _ethers and esters; salts thereof :_ 2922 11 -- _Monoethanolamine and its salts:_ 2922 11 10 --- Monoethanolamine kg. 7.5% 2922 11 90 --- Other kg. 7.5% 2922 12 -- _Diethanolamine and its salts:_ _-- Ethyldiethanolamine and Methyldiethanolamine:_ 2922 12 00 -- Diethanolamine and its salts kg. 7.5% 2922 14 00 -- Dextropropoxyphene (INN) and its salts kg. 7.5% 2922 15 00 -- Triethanolamine kg. 7.5% 2922 16 00 -- Diethanolammoniumperfluorooctane sulphonate kg. 7.5% 2922 17 -- _Methyldiethanolamine and_ _ethyldiethanolamine:_ 2922 17 10 --- Methyldiethanolamine kg. 7.5% 2922 17 20 --- Ethyldiethanolamine kg. 7.5% 2922 18 00 -- 2-(N, N-Diisopropylamino)ethanol kg. 7.5% 2922 19 -- _Other:_ 2922 19 10 --- 2-Hydroxy N, N-Diisopropyl ethylamine kg. 7.5% 2922 19 90 -- Other _Amino-naphthols and other amino-phenols,other_ _than those containing more than one kind of_ _oxygen function, their ethers and esters; salts_ _thereof :_ kg. 7.5% ----- **SECTION-VI** **CHAPTER-29** **(1)** **(2)** **(3)** **(4)** **(5)** 2922 21 _-- Aminohydroxynaphthalene sulphonic acids_ kg. 2922 21 10 -- _and their salts :_ Amino-g-acid 7.5% 2922 21 20 --- Amino-j-acid kg. 7.5% 2922 21 30 --- 1-amino-2-naphthol-4-sulphonic acid kg. 7.5% 2922 21 40 --- Gamma acid kg. 7.5% 2922 21 50 --- J acid (2-amino-5-naphthol-7-sulphonic acid) kg. 7.5% 2922 21 60 --- H acid kg. 7.5% 2922 21 70 --- Ortho phenyl sulphonyl H-acid kg. 7.5% 2922 21 80 --- Chicago acid kg. 7.5% 2922 21 90 --- Other kg. 7.5% 2922 29 _-- Other :_ _---_ 2-amino 4-nitrophenol, Meta aminophenol, _Para aminophenol,_ _Meta diethyl amino-phenol:_ 2922 29 11 ---- 2-amino 4-nitrophenol kg. 7.5% 2922 29 12 ---- Meta aminophenol kg. 7.5% 2922 29 13 ---- Para aminophenol kg. 7.5% 2922 29 14 2922 29 21 --- _---_ --- Meta diethyl amino-phenol 2-amino-1-phenol-4-sulphonic acid, 6-nitro-O_aminophenol-4-s ulphonic acid, Phenyl gamma_ _acid (phenyl_ 2-amino-naphthol-6-sulphonic _acid), Phenyl J acid (phenyl-2-amino-8 naphthol-_ 7-sulphonic acid), S acid, peri acid (1-amino-8_naphthol-4-4-sulphoxinic acid, 1-_ _naphthylamine-8-sulphonic acid), Meta-_ _phenylene diamine-4-sulphonic acid :_ 2-amino-1-phenol-4-sulphonic acid kg. kg. 7.5% 7.5% 2922 29 22 ---- 6-nitro-O-aminophenol-4-sulphonic acid kg. 7.5% 2922 29 23 ---- Phenyl gamma acid (phenyl 2-amino-naphtho l-6-sulphonic acid) 2922 29 24 ---- Phenyl J acid (phenyl-2-amino-8 naphtho l-7-sulphonic acid) 2922 29 25 ---- S acid, peri acid (1-amino-8-naphtho l-4-4-sulphoxinic acid, 1-naphthylamine-8-sulphonic acid) 2922 29 26 ---- Meta-phenylene diamine-4-sulphonic acid _--- N-methyl-para-aminophenol sulphate (motol),2, 5_ _dimethoxy aniline, Para acetyl aminophenol_ _(paracetamol), Para cresidine, Picramic acid (T-_ _grade), para cresidine ortho sulphonic acid:_ kg. 7.5% kg. 7.5% kg. 7.5% kg. 7.5% ----- **SECTION-VI** **CHAPTER-29** **(1)** **(2)** **(3)** **(4)** **(5)** 2922 29 31 ---- N-methyl-para-aminophenol sulphate (motol) kg. 7.5% 2922 29 32 ---- 2, 5 dimethoxy aniline kg. 7.5% 2922 29 33 ---- Para acetyl aminophenol (paracetamol) kg. 7.5% 2922 29 34 ---- Para cresidine kg. 7.5% 2922 29 35 ---- Picramic acid (T-grade) kg. 7.5% 2922 29 36 ---- Para cresidine ortho sulphonic acid kg. 7.5% 2922 29 90 --- Other kg. 7.5% _- Amino-aldehydes_ _, amino-ketones_ _and_ _amino-_ _quinones, other than those containing more than_ _one kind of oxygen function; salts thereof:_ 2922 31 00 -- Amfepramone (INN), methadone (INN) and kg. 7.5% normethadone (INN); salts thereof 2922 39 00 -- Other kg. 7.5% _- Amino-acids, other than those containing more_ _than one kind of oxygen function, and their_ _esters; salts thereof :_ 2922 41 00 -- Lysine and its esters; salts thereof kg. 7.5% 2922 42 _-- Glutamic acid and its salts :_ 2922 42 10 --- Glutamic acid kg. 7.5% 2922 42 20 --- Monosodium glutamate kg. 7.5% 2922 42 90 --- Other kg. 7.5% 2922 43 00 -- Anthranilic acid and its salts kg. 7.5% 2922 44 00 -- Tilidine (INN) and its salts kg. 7.5% 2922 49 _-- Other :_ 2922 49 10 --- Amino acetic acid (glycine) kg. 7.5% 2922 49 20 --- N-methyl taurine kg. 7.5% 2922 49 90 --- Other kg. 7.5% 2922 50 _- Amino-alcohol-phenols, amino-acid-phenols_ _and_ _other amino-compounds with oxygen function_ : _--- Para-amino-salicylic_ _acid, Methyl anthranilate,_ _Procaine_ _hydrochloride,_ _Amino_ _anisic_ _acid_ _anilide,L-tyrosine (p-hydroxyphenyl amine) :_ 2922 50 11 ---- Para-amino-salicylic acid kg. 7.5% 2922 50 12 ---- Methyl anthranilate kg. 7.5% 2922 50 13 ---- Procaine hydrochloride kg. 7.5% 2922 50 14 ---- Amino anisic acid anilide kg. 7.5% 2922 50 15 ---- L-tyrosine (p-hydroxyphenyl amine) kg. 7.5% _--- Frusemide, aminodial, N-acetyl anthranilic acid,_ _domperidone :_ 2922 50 21 ---- Frusemide kg. 7.5% ----- **SECTION-VI** **CHAPTER-29** **(1)** **(2)** **(3)** **(4)** **(5)** 7.5% 2922 50 22 ---- Aminodial kg. 2922 50 23 ---- N-acetyl anthranilic acid kg. 7.5% 2922 50 24 ---- Domperidone kg. 7.5% 2922 50 90 --- Other kg. 7.5% **2923** **QUATERNARY AMMONIUM SALTS** **AND HYDROXIDES;** **LECITHINS AND OTHER PHOSPHOAMINOLIPIDS,** **WHETHER OR NOT CHEMICALLY DEFINED** 2923 10 00 - Choline and its salts kg. 7.5% 2923 20 - _Lecithins and other phosphoaminolipids :_ 2923 20 10 --- Lecithins kg. 7.5% 2923 20 90 --- Other kg. 7.5% 2923 30 00 - Tetraethylammonium perfluorooctane sulphonate kg. 7.5% 2923 40 00 - Didecyldimethylammoniumperfluorooctane kg. 7.5% kg. 2923 90 00 sulphonate Other **2924** **CARBOXYAMIDE-FUNCTION** **COMPOUNDS;** **AMIDE-FUNCTION** **COMPOUNDS OF ONIC ACID** _Acyclic amides (including acyclic carbamates)_ _and their derivatives; salts thereof :_ Meprobamate (INN) kg. 2924 11 00 _-_ - 7.5% 7.5% 2924 12 00 -- Fluoroacetamide (ISO), monocrotophos (ISO) and kg. 7.5% phosphamidon (ISO) 2924 19 00 -- Other kg. 7.5% _-_ _Cyclic amides (including cyclic carbamates)_ _and their derivatives;_ _salts thereof :_ 2924 21 _--_ _Ureines and their derivatives; salts thereof :_ 2924 21 10 --- Diethyl diphenyl urea kg. 7.5% 2924 21 20 --- Dimethyl diphenyl urea (zentralin) kg. 7.5% 2924 21 30 --- Parachloro benzene sulphonyl urea kg. 7.5% 2924 21 90 --- Other kg. 7.5% 2924 23 00 -- 2-Acetamidobenzoic acid (N-acetylanthranilic acid) and its salts kg. 7.5% 2924 24 00 -- Ethinamate (INN) kg. 7.5% 2924 25 00 -- Alachlor (ISO) kg. 7.5% 2924 29 _-- Other :_ 2924 29 10 --- Acetanilide kg. 7.5% 2924 29 20 --- Aceto acetanilide kg. 7.5% 2924 29 30 --- Aceto acetic ortho chloranilide kg. 7.5% 2924 29 40 --- Aceto acetic para chloranilide kg. 7.5% 2924 19 00 2924 21 - _-_ _--_ ----- **SECTION-VI** **CHAPTER-29** **(1)** **(2)** **(3)** **(4)** **(5)** 2924 29 50 --- Phenyl acetamide kg. 7.5% 2924 29 60 --- Pyrazinamide (pyrazine carboxamide) kg. 7.5% 2924 29 70 --- Pretilachlor (ISO) kg. 7.5% 2924 29 90 --- Other kg. 7.5% **2925** **CARBOXYIMIDE-FUNCTION** **COMPOUNDS** **(INCLUDING** **SACCHARIN AND ITS SALTS) AND IMINE-FUNCTION** **COMPOUNDS** _- Imides and their derivatives; salts thereof :_ 2925 11 00 -- Saccharin and its salts kg. 7.5% 2925 12 00 -- Glutethimide (INN) kg. 7.5% 2925 19 00 2925 21 00 - - Other _Imines and their derivatives; salts thereof:_ Chlordimeform (ISO) kg. kg. 7.5% 7.5% 2925 29 -- _Other :_ 2925 29 10 --- Guanidine nitrate kg. 7.5% 2925 29 90 --- Other kg. 7.5% **2926** **NITRILE-FUNCTION** **COMPOUNDS** 2926 10 00 - Acrylonitrile kg. 2.5% 2926 20 00 - 1-Cyanoguanidine (dicyandiamide) kg. 7.5% 2926 30 00 2926 40 00 Fenproporex (INN) and its salts; methadone (INN) intermediate (4-cyano-2-Dimethy lamino-4, 4diphenylbutane) Alpha-phenylacetoacetonitrile kg. kg. 7.5% 7.5% 2926 90 00 - Other kg. 7.5% **2927** **DIAZO-, AZO- OR AZOXY-COMPOUNDS** 2927 00 - _Diazo-, azo- or azoxy- compounds :_ 2927 00 10 --- Para amino-azo-benzene kg. 7.5% 2927 00 90 --- Other kg. 7.5% **2928** **ORGANIC** **DERIVATIVES** **OF** **HYDRAZINE** **OR** **OF** **HYDROXYLAMINE** 2928 00 2928 00 10 -- _Organic derivatives of hydrazine or of_ _hydroxylamine :_ Isoniazid kg. 7.5% 2928 00 90 --- Other kg. 7.5% **2929** **COMPOUNDS** **WITH** **OTHER** **NITROGEN** **FUNCTION** 2929 10 - _Isocyanates :_ 2929 10 10 --- Phenyl isocyanate kg. 7.5% 2929 10 20 --- Toluene di-isocyanate kg. 7.5% 2929 10 90 --- Other kg. 7.5% 2929 90 - Other kg. 7.5% ----- **SECTION-VI** **CHAPTER-29** **(1)** **(2)** **(3)** **(4)** **(5)** 2929 90 10 --- N,N-Diethylphosphoramidic dichloride kg. 7.5% 2929 90 20 --- N,N-Diisopropylphosphoramidic dichloride kg. 7.5% 2929 90 30 --- N,N-Dipropylphosphoramidic dichloride kg. 7.5% 2929 90 40 --- N,N-Dimethylphosphoramidic dichloride kg. 7.5% 2929 90 50 --- Diethyl N,N-Dimethylphosphoramidate kg. 7.5% 2929 90 60 --- Phosphoramidic acid, diethyl, dimethylester kg. 7.5% 2929 90 90 --- Other kg. 7.5% **X. — ORGANO-INORGANIC COMPOUNDS,** **HETEROCYCLIC COMPOUNDS, NUCLEIC** **ACIDS AND THEIR SALTS, AND SULPHONAMIDES** **2930** **ORGANO-SULPHUR** **COMPOUNDS** 2930 10 00 **-** 2-(N,N-Dimethylamino) ethanethiol kg. 7.5% 2930 20 _-_ _Thiocarbamates and dithiocarbamates :_ 2930 20 10 --- Cartap Hydrochloride (ISO) kg. 7.5% 2930 20 90 --- Other kg. 7.5% 2930 30 00 - Thiuram mono-, di or tetrasulphides kg. 7.5% 2930 40 00 - Methionine kg. 7.5% 2930 60 00 - 2-(N, N-Diethylamino)ethanethiol kg. 7.5% 2930 70 00 - Bis(2-hydroxyethyl)sulfide (thiodiglycol (INN)) kg. 7.5% 2930 80 00 - Aldicarb (ISO), captafol (ISO) and methamidophos kg. 7.5% (ISO) 2930 90 _- Other :_ 2930 90 10 --- Thiourea (sulphourea) kg. 7.5% 2930 90 20 --- Calcium salts of methionine kg. 7.5% 2930 90 30 --- Thio sulphonic acid kg. 7.5% 2930 90 40 --- L-cystine (alpha-amino beta-thiopropionic kg. 7.5% acid)-sulphur containing amino acid 2930 90 50 --- Sulphinic acid kg. 7.5% 2930 90 60 --- Sulphoxide kg. 7.5% 2930 90 70 --- Mercaptan kg. 7.5% 2930 90 80 --- Allyl isothiocyanate kg. 7.5% --- _Other:_ 2930 90 91 ---- Ethanol, 2,2'-thiobis- kg. 7.5% 2930 90 92 ---- Acephate (ISO) kg. 7.5% 2930 90 93 ---- Di-Methyl Amino ethanethiol Hydrochloride kg. 7.5% 2930 90 95 ---- Di-ethyl Amino ethanethiol hydrochloride kg. 7.5% 2930 90 96 ---- O-Ethyl S-phenyl ethylphosphonothiolothionate kg. 7.5% (fonofos) 2930 90 97 ---- Phosphorothioic acid, S[2-(diethyl amino) ethyl] O, kg. 7.5% O-Diethyl ester 2930 90 98 ---- Dichloro diphenyl sulphone kg. 7.5% 2930 90 99 ---- _Other_ kg. 7.5% **2931** **OTHER** **ORGANO-INORGANIC** **COMPOUNDS** ----- **(1)** **(2)** **(3)** **(4)** **(5)** 2931 10 - Tetramethyl lead and tetraethyl lead: 2931 10 10 --- Tetramethyl lead kg. 7.5% 2931 10 90 --- Tetraethyl lead kg. 7.5% 2931 20 00 - Tributyltin compounds kg. 7.5% _- Non-halogenated organo-phosphorous derivatives:_ 2931 41 00 -- Dimethyl methylphosphonate kg. 7.5% 2931 42 00 -- Dimethyl propylphosphonate kg. 7.5% 2931 43 00 -- Diethyl ethylphosphonate kg. 7.5% 2931 44 00 -- Methylphosphonic acid kg. 7.5% 2931 45 00 -- Salt of methylphosphonic acid and kg. 7.5% (aminoiminomethyl) urea (1 : 1) 2931 46 00 -- 2,4,6-Tripropyl-1,3,5,2,4,6-trioxatriphosphinane kg. 7.5% 2,4,6-trioxide 2931 47 00 -- (5-Ethyl-2-methyl-2-oxido-1,3,2-dioxaphosphinan- kg. 7.5% 5-yl) methyl methyl methylphosphonate 2931 48 00 -- 3,9-Dimethyl-2,4,8,10-tetraoxa-3,9- diphosphaspiro kg. 7.5% [5.5] undecane 3,9-dioxide 2931 49 -- Other 2931 49 10 --- Sodium 3-(trihydroxysilyl) propyl kg. 7.5% methylphosphonate 2931 49 20 --- Bis[(5-ethyl-2-methyl-2-oxido-1,3,2- kg. 7.5% dioxaphosphinan-5-yl)methyl] methylphosphonate 2931 49 30 --- Glyphosate (ISO) kg. 7.5% 2931 4990 --- Other kg. 7.5% - _Halogenated organo-phosphorous derivatives:_ 2931 5100 -- Methylphosphonic dichloride kg. 7.5% 2931 52 00 -- Propylphosphonic dichloride kg. 7.5% 2931 53 00 -- O-(3-chloropropyl) O-[4-nitro-3-(trifluoromethyl) kg. 7.5% phenyl] methylphosphonothionate 2931 54 00 -- Trichlorfon (ISO) kg. 7.5% 2931 59 00 -- Other kg. 7.5% 2931 90 - _Other:_ --- _Organo-arsenic compounds:_ 2931 90 11 ---- Methylarsonic acid and its salt kg. 7.5% 2931 90 12 ---- Cacodylic acid and its salt kg. 7.5% 2931 90 13 ---- p-Aminophenylarsonic acid and its salt kg. 7.5% 2931 90 14 ---- Amino-hydroxyphenylarsonic acids, their formyl kg. 7.5% and acetyl derivatives and their salts 2931 90 15 ---- Arsenobenzene and its derivatives kg. 7.5% 2931 90 19 ---- Other kg. 7.5% 2931 90 20 --- Organo-silicon compounds kg. 7.5% 2931 90 30 --- o-Iodosobenzoic acid kg. 7.5% 2931 90 90 --- Other kg. 7.5% **2932** **HETEROCYCLIC** **COMPOUNDS** **WITH** **OXYGEN** **HETERO-** **ATOM (S) ONLY** _- Compounds containing an unfused furan ring_ _(whether or not hydrogenated) in the structure_ **_:_** 2932 11 00 -- Tetrahydrofuran kg. 7.5% 2932 12 00 -- 2-Furaldehyde (furfuraldehyde) kg. 7.5% 2932 13 00 -- Furfuryl alcohol and tetrahydrofurfuryl alcohol kg. 7.5% 2932 14 00 -- Sucralose kg. 7.5% ----- 2932 20 10 --- Coumarin, methylcoumarins and ethylcoumarins Kg. 7.5% 2932 20 20 --- Phenolphthalein Kg. 7.5% 2932 20 90 --- Other Kg. 7.5% - _Other :_ 2932 91 00 -- Isosafrole kg. 7.5% 2932 92 00 -- 1-(1,3-Benzodioxol-5-yl) propan-2-one kg. 7.5% 2932 93 00 -- Piperonal kg. 7.5% 2932 94 00 -- Safrole kg. 7.5% 2932 95 00 -- Tetrahydrocannabinols (all isomers) kg. 7.5% 2932 96 00 -- Carbofuran (ISO) kg. 7.5% 2932 99 -- Other: 2932 99 10 --- Cineole kg. 7.5% 2932 99 20 --- Emamectin Benzoate (ISO) kg. 7.5% 2932 99 90 --- Other kg. 7.5% **2933** **HETEROCYCLIC COMPOUNDS** **WITH** **NITROGEN** **HETERO-ATOM(S) ONLY** _- Compounds containing an unfused pyrazole ring_ _(whether or not hydrogenated) in the structure :_ 2933 11 00 -- Phenazone (antipyrin) and its derivates kg. 7.5% 2933 19 -- _Other :_ 2933 19 10 --- 3-carboxy (para sulpho-phenyl)-5- pyrazolone kg. 7.5% 2933 19 20 --- 1 (2,5- dichloro-4-sulpho phenyl)-3-methyl- kg. 7.5% 5-pyrazolone 2933 19 30 --- 3-methyl-1(4-sulpho-O-toluyl-5-pyrazolone) kg. 7.5% 2933 19 40 --- Phenylmethylpyrazolone kg. 7.5% 2933 19 50 --- 1-phenyl-5-pyrazolone-3-carboxylic acid ethylester kg. 7.5% 2933 19 60 --- 1-(m-sulphophenyl)-3-pyrazolone kg. 7.5% 2933 19 70 --- Analgin kg. 7.5% 2933 19 80 --- Oxyphenbutazone kg. 7.5% --- Other: 2933 19 91 ---- Fluoro-3-(difluoromethyl)-1-methyl-1h-pyrazole-4- kg. 7.5% carbonyl fluoride 2933 19 99 ---- Other kg. 7.5% _- Compounds containing an unfused imidazole_ _ring (whether or not hydrogenated) in the_ _structure :_ 2933 21 00 -- Hydantoin and its derivatives kg. 7.5% 2933 29 -- _Other :_ 2933 29 10 --- Tinidazole kg. 7.5% 2933 29 20 --- Metronidazole, metronidiazole benzoate kg. 7.5% 2933 29 30 --- Mebendazole kg. 7.5% 2933 29 40 --- Dimetridazole kg. 7.5% 2933 29 50 --- Albendazole kg. 7.5% 2933 29 60 --- Imidacloprid (ISO) kg. 7.5% 2933 29 90 --- Other kg. 7.5% _- Compounds containg an unfused pyridine ring_ _(whether or not hydrogenated) in the structure :_ 2933 31 00 -- Pyridine and its salts kg. 7.5% 2933 32 00 -- Piperidine and its salts kg. 7.5% ----- _difenoxin (INN), diphenoxylate (INN), dipipanone_ (INN), fentanyl (INN), ketobemidone (INN), _methylphenidate (INN), pentazocine (INN), pethidine_ (INN), pethidine (INN) intermediate A, _phencyclidine (INN)(PCP), phenoperidine (INN),_ _pipradrol (INN), piritramide (INN), propiram (INN)_ _remifentanil (INN) and trimeperidine (INN); salts_ _thereof:_ --- _Alfentanil (INN), anileridine (INN), bezitramide_ (INN), bromazepam (INN), carfentanil (INN), _difenoxin (INN), diphenoxylate (INN), dipipanone_ (INN); salts thereof: 2933 33 11 ---- Alfentanil (INN) and its salt kg. 7.5% 2933 33 12 ---- Anileridine (INN) and its salt kg. 7.5% 2933 33 13 ---- Bezitramide (INN) and its salt kg. 7.5% 2933 33 14 ---- Bromazepam (INN) and its salt kg. 7.5% 2933 33 15 ---- Carfentanil (INN) and its salt kg. 7.5% 2933 33 16 ---- Difenoxin (INN) and its salt kg. 7.5% 2933 33 17 ---- Diphenoxylate (INN) and its salt kg. 7.5% 2933 33 18 ---- Dipipanone (INN) and its salt kg. 7.5% --- _Fentanyl (INN), ketobemidone (INN),_ _methylphenidate (INN), pentazocine (INN), pethidine_ (INN), pethidine (INN) intermediate A, _phencyclidine (INN) (PCP), phenoperidine (INN);_ _salts thereof_ 2933 33 21 ---- Fentanyl (INN) and its salt kg. 7.5% 2933 33 22 ---- Ketobemidone (INN) and its salt kg. 7.5% 2933 33 23 ---- Methylphenidate (INN) and its salt kg. 7.5% 2933 33 24 ---- Pentazocine (INN) and its salt kg. 7.5% 2933 33 25 ---- Pethidine (INN) and its salt kg. 7.5% 2933 33 26 ---- Pethidine (INN) intermediate A and its salt kg. 7.5% 2933 33 27 ---- Phencyclidine (INN) (PCP) and its salt kg. 7.5% 2933 33 28 ---- Phenoperidine (INN) and its salt kg. 7.5% --- _Pipradrol (INN), piritramide (INN), propiram_ (INN), _remifentanil (INN) and trimeperidine (INN);_ _salts thereof:_ 2933 33 31 ---- kg. 7.5% Pipradrol (INN) and its salt 2933 33 32 ---- kg. 7.5% Piritramide (INN) and its salt 2933 33 33 ---- kg. 7.5% Propiram (INN) and its salt 2933 33 34 ---- kg. 7.5% Remifentanil (INN) and its salt 2933 33 35 ---- kg. 7.5% Trimeperidine (INN) and its salt 2933 34 00 -- kg. 7.5% Other fentanyls and their derivatives 2933 35 00 -- kg. 7.5% 3-Quinuclidinol 2933 36 00 -- kg. 7.5% 4-Anilino-N-phenethylpiperidine (ANPP) 2933 37 00 -- kg. 7.5% N-Phenethy l-4-piperidone (NPP) 2933 39 _-- Other :_ _--- Derivatives of pyridine :_ 2933 39 11 ---- Amino pyridine kg. 7.5% 2933 39 12 ---- Alpha picoline (2-methyl pyridine) kg. 7.5% 2933 39 13 ---- Gamma picoline (4-methyl pyridine) kg. 7.5% 2933 39 14 ---- Chloropheniramine maleate kg. 7.5% 2933 39 15 ---- Diphenoxylate hydrochloride kg. 7.5% 2933 39 16 ---- Beta picoline (3-methyl pyridine) kg. 7.5% 2933 39 17 ---- Chlorantraniliprole (ISO) kg. 7.5% 2933 39 18 Lutidine(Dimethyl Pyridine) kg 7 5% ----- p y y p p y g 1- azabicyclo-azabicyclo [2.2.2.] oct-3-yl ester 2933 39 90 --- Other kg. 7.5% _- Compounds containing in the structure a_ _quinoline or isoquinoline ring-system (whether_ _or not hydrogenated), not further fused :_ 2933 41 00 -- Levorphanol (INN) and its salts kg. 7.5% 2933 49 00 -- Other kg. 7.5% _- Compounds containing a pyrimidine ring_ _(whether or not hydrogenated) or piperazine_ _ring in the structure :_ 2933 52 00 -- Malonylurea (barbituric acid) and its salts kg. 7.5% 2933 53 00 -- Allobarbital (INN), amobarbital (INN), barbital kg. 7.5% (INN), butalbital (INN), butobarbital (INN), cyclobarbital (INN), methylphenobarbital (INN), pentobarbital (INN), secbutabarbital (INN), phenobarbital (INN), ] secobarbital (INN), and vinylbital (INN); salts thereof 2933 54 00 -- Other derivatives of malonylurea (barbituric acid); kg. 7.5% salts thereof 2933 55 00 -- Loprazolam (INN), mecloqualone (INN), kg. 7.5% methaqualone (INN) and zipeprol (INN); salts thereof 2933 59 _-- Other :_ 2933 59 10 --- Aminophylline(cordophylin) kg. 10% 2933 59 20 --- Trimethoprim kg. 10% 2933 59 30 --- Diethyl carbamazine citrate kg. 10% 2933 59 40 --- 1-Amino-4-Methyl piperazine kg. 10% 2933 59 50 --- Bispyribac-sodium (ISO) kg. 10% 2933 59 90 --- Other kg. 10% _- Compounds containing an unfused triazine ring_ _(whether or not hydrogenated) in the structure :_ 2933 61 00 -- Melamine kg. 7.5% 2933 69 _-- Other :_ 2933 69 10 --- Cyanuric acid and its salts kg. 7.5% 2933 69 20 --- 4-[4,6-bis(2,4-dimethylphenyl)-1,3,5- kg. 7.5% 2933 69 30 -- triazine-2-yl]-1,3-benzenediol Tris(2-hydroxyethyl) isocyanurate kg. 7.5% 2933 69 40 --- Ethylhexyltriazone kg. 7.5% 2933 69 50 --- 2,4,6-tri(2,4-dyhydroxyl-3-methylphenyl)-1,3,5 triazine 2933 69 90 --- Other _-_ _Lactams :_ 2933 71 00 -- 6-Hexanelactam (epsilon-caprolactam) kg. kg. kg. 7.5% 7.5% 5% 12.5% 2933 72 00 -- Clobazam (INN) and methyprylon (INN) kg. 7.5% 2933 79 -- Other lactams : 2933 79 10 --- N-methyl-2-pyrrolidone kg. 7.5% 2933 79 20 --- N-ethyl-2-pyrrolidone kg. 7.5% 2933 79 90 2933 91 00 -- _-_ - Other _Other :_ Alprazolam (INN), camazepam (INN) kg. kg. 7.5% 7.5% ----- p, p ( ), p ( ), estazolam (INN), ethyl loflazepate (INN), fludiazepam (INN), flunitrzepam (INN), flurazepam (INN), halazepam (INN), lorazepam (INN), lormetazepam (INN), mazindol (INN), medazepam (INN), midazolam (INN), nimetazepam (INN), nitrazepam (INN), nordazepam (INN), oxazepam (INN), pinazepam (INN), prazepam (INN), pyrovalerone (INN), tamazepam (INN), tetrazepam (INN) and triazolam (INN); salts thereof 2933 92 00 -- Azinphos-methyl (ISO) kg. 7.5% 2933 99 -- Other: 2933 99 10 --- Imidazo pyridine methyl amine kg. 7.5% 2933 99 20 --- Carbendazim (ISO) kg. 7.5% 2933 99 90 --- Other kg. 7.5% **2934** **NUCLEIC ACIDS AND THEIR SALTS; WHETHER OR NOT** **CHEMICALLY** **DEFINED;** **OTHER** **HETEROCYCLIC** **COMPOUNDS** 2934 10 00 - Compounds containing an unfused thiazole ring kg. 7.5% (whether or not hydrogenated) in the structure 2934 20 00 - Compounds containing in the structure a benzothiazole ring-system (whether or not hydrogenated) not further fused 2934 30 00 - Compounds containing in the structure a phenothiazine ring-system (whether or not hydrogenated) not further fused kg. 7.5% kg. 7.5% - _Other :_ 2934 91 00 -- Aminorex (INN), brotizolam (INN), clotiazepam kg. 7.5% (INN), cloxazolam (INN), dextromoramide (INN), haloxazolam (INN), ketazolam (INN), mesocarb (INN), oxazolam (INN), pemoline (INN), phendimetrazine (INN), phenmetrazine (INN) and sufentanil (INN); salts thereof 2934 92 00 -- Other fentanyls and their derivatives kg. 7.5% 2934 99 -- Other: 2934 99 10 --- Chloro thiophene-2-carboxylic acid kg. 7.5% 2934 99 20 --- Morpholine kg. 7.5% 2934 99 30 --- Buprofezin (ISO) kg. 7.5% 2934 99 90 --- Other kg. 7.5% **2935** **SULPHONAMIDES** 2935 10 00 - N-Methylperfluorooctane sulphonamide kg. 7.5% 2935 20 00 - N-Ethylperfluorooctane sulphonamide kg. 7.5% 2935 30 00 - N-Ethyl-N-(2-hydroxyethyl) perfluorooctane kg. 7.5% sulphonamide 2935 40 00 - N-(2-Hydroxyethyl)-N-methylperfluorooctane sulphonamide 2935 50 **_-_** _Other perfluorooctane sulphonamides :_ 2935 50 10 --- Flubendiamide (ISO) 2935 50 90 --- Other 2935 90 - _Other:_ 7.5% 7.5% 7.5% 7.5% _Sulphamethoxazole, sulphafurazole, sulphadiazine,_ _sulphadimidine, sulphacetamide:_ Sulphamethoxazole kg. kg. kg. kg. 2935 90 11 -- --- 2935 90 12 S l h f l k 7 5% ----- kg. 2935 90 21 --- p ypy, p, sulphamoxole, sulphamide: Sulphamethoxypyridarine 7.5% 2935 90 22 ---- Sulphamethiazole kg. 7.5% 2935 90 23 ---- Sulphamoxole kg. 7.5% 2935 90 24 ---- Sulphamide kg. 7.5% 2935 90 90 --- Other kg. 7.5% **XI.** **—PROVITAMINS,** **VITAMINS** **AND** **2936** **HORMONESPROVITAMINS AND VITAMINS, NATURAL** **OR REPRODUCED BY SYNTHESIS (INCLUDING NATURAL** **CONCENTRATES), DERIVATIVES THEREOF USED** **PRIMARILY** **AS** **VITAMINS,** **AND** **INTERMIXTURES** **OF** **THE** **FOREGOING, WHETHER OR NOT IN ANY SOLVENT** _- Vitamins and their derivatives, unmixed_ _:_ 2936 21 00 -- Vitamin A and their derivatives kg. 7.5% 10% 2936 22 _-- Vitamin B and its derivatives :_ 2936 22 10 --- Vitamin B1 [Thiamine (INN), aneurine] and its salts kg. 7.5% 10% 2936 22 90 --- Other kg. 7.5% 10% 2936 23 _-- Vitamin B2 and its derivatives :_ 2936 23 10 --- Vitamin B2 [Riboflavin(INN), lactoflavin] and its salts kg. 7.5% 10% 2936 23 90 --- Other kg. 7.5% 10% 2936 24 00 -- D- or DL-Pantothenic acid (Vitamin B5) and its kg. 7.5% 10% derivatives1 2936 25 00 -- Vitamin B6 and its derivatives kg. 7.5% 10% 2936 26 _-- Vitamin B12 and its derivatives :_ 2936 26 10 --- Vitamin B12 (Cyanocobalamin (INN)) kg. 7.5% 10% 2936 26 90 --- Other kg. 7.5% 10% 2936 27 00 -- Vitamin C (Ascorbic acid) and its derivatives kg. 7.5% 10% 2936 28 00 -- Vitamin E and its derivatives kg. 7.5% 10% 2936 29 _-- Other vitamins and their derivatives :_ 2936 29 10 --- Folic acid (Vitamin B9) kg. 7.5% 10% 2936 29 20 --- Nicotinic acid and nicotinamide (niacinamide kg. 7.5% 10% or niacine) 2936 29 30 --- Vitamin K (menaphthonum BP) kg. 7.5% 10% 2936 29 40 --- Vitamin D kg. 7.5% 10% 2936 29 50 --- Vitamin H (Biotin) kg. 7.5% 10% 2936 29 90 --- Other kg. 7.5% 10% 2936 90 00 - Other, including natural concentrates kg. 7.5% 10% **2937** **HORMONES, PROSTAGLANDINS, THROMBOXANES AND** **LEUKOTRIENES, NATURAL OR REPRODUCED BY** **SYNTHESIS;** **DERIVATIVES** **AND** **STRUCTURAL** **ANALOGUES** **THEREOF,** **INCLUDING CHAIN MODIFIED POLYPEPTIDES,** **USED PRIMARILY AS HORMONES** _- Polypeptide hormones, protein hormones and_ _glycoprotein_ _hormones,_ _their_ _dervatives_ _and_ _structural analogues :_ 2937 11 00 -- Somatotropin, its derivatives and structural analogues kg. 7.5% 10% 2937 12 00 -- Insulin and its salts kg. 7.5% 10% 2937 19 00 -- Other kg. 7.5% 10% _- Steroidal hormones, their derivatives and_ _structural analogues :_ 2937 21 00 -- Cortisone, hydrocortisone, prednisone (dehydro- kg. 7.5% 10% cortisone) and prednisolone (dehydrohydrocortisone) 2937 22 00 -- Halogenated derivatives of corticosteroidal harmones kg. 7.5% 10% 2937 23 00 O t d t k 7 5% 10% ----- **SECTION-VI** **CHAPTER-29** 2937 29 00 -- Other kg. 7.5% 10% 2937 50 00 - Prostaglandins,thromboxanes, leukotrienes, their kg. 7.5% 10% derivatives and structural analogues 2937 90 - Other: --- Catecholamine hormones,their derivatives and structural analogues: 2937 90 11 ---- Epinethrine kg. 7.5% 10% 2937 90 19 ---- Other kg. 7.5% 10% 2937 90 20 --- Amino-acid derivatives kg. 7.5% 10% 2937 90 90 --- Other kg. 7.5% 10% **XII. –GLYCOSIDES AND VEGETABLE ALKALOIDS,** **NATURAL OR REPRODUCED BY SYNTHESIS, AND** **THEIR SALTS, ETHERS, ESTERS AND OTHER** **DERIVATIVES** **2938** **GLYCOSIDES,** **NATURAL** **OR** **REPRODUCED** **BY** **SYNTHESIS AND THEIR SALTS, ETHERS, ESTERS AND** **OTHER DERIVATIVES** 2938 10 00 - Rutoside (rutin) and its derivatives kg. 7.5% 2938 90 _- Other :_ 2938 90 10 --- Digoxin kg. 7.5% 2938 90 20 --- Digitalis glycosides kg. 7.5% 2938 90 90 --- Other kg. 7.5% **2939** **ALKALOIDS, NATURAL OR REPRODUCED** **BY SYNTHESIS, AND THEIR SALTS, ETHERS,** **ESTERS AND OTHER DERIVATIVES** _- Alkaloids of opium and their derivatives;_ salts thereof : 2939 11 00 -- Concentrates of poppy straw; buprenorphine (INN), kg. 7.5% codeine, dihydrocodeine (INN), ethylmorphine, etorphine (INN), heroin, hydrocodone (INN), hydromorphone (INN), morphine, nicomorphine (INN), oxycodone (INN), oxymorphone (INN), pholcodine (INN), thebacon (INN) and thebaine; salts thereof 2939 19 00 -- Other kg. 7.5% 2939 20 - Alkaloid of cinchona and their derivatives; salts thereof : 2939 20 10 --- Quinine alkaloids kg. 7.5% 2939 20 20 --- Quinine hydrochloride kg. 7.5% 2939 20 30 --- Quinine sulphate kg. 7.5% 2939 20 40 --- Chloroquine phosphate kg. 7.5% 2939 20 90 --- Other kg. 7.5% ----- **SECTION-VI** **CHAPTER-29** 2939 30 00 - Caffeine and its salts kg. 7.5% 10% _-_ _Alkaloids of ephedra and their_ _derivatives;salts thereof:_ 2939 41 00 _--_ Ephedrine and its salts kg. 7.5% 10% 2939 42 00 -- Pseudoephedrine (INN) and its salts kg. 7.5% 10% 2939 43 00 -- Cathine (INN) and its salts kg. 7.5% 10% 2939 44 00 2939 45 00 2939 49 00 2939 51 00 2939 59 00 2939 61 -- - _-_ - - _-_ _--_ Norephedrine and its salts Levometamfetamine, metamfetamine (INN), metamfetamine racemate and their salts Other _Theophylline and aminophylline(theophylline-_ _ethylenediamine) and their derivatives; salts_ _thereof :_ Fenetylline (INN) and its salts Other _Alkaloids of rye ergot and their derivatives;_ _salts thereof :_ _Ergometrine (INN) and its salts :_ kg. kg. kg. kg. 7.5% 7.5% 7.5% 7.5% 10% 10% 10% kg. 7.5% 10% 2939 61 10 --- Ergometrine (INN) kg. 7.5% 2939 61 90 --- Other kg. 7.5% 2939 62 _-- Ergotamine (INN) and its salts :_ 2939 62 10 --- Ergotamine tartrate kg. 7.5% 2939 62 90 --- Other kg. 7.5% 2939 63 00 -- Lysergic acid and its salts kg. 7.5% 2939 69 00 2939 72 00 2939 69 00 -- Other kg. 7.5% _-_ _Other, of vegetal origin:_ 2939 72 00 -- Cocaine, ecgonine; salts, esters and other derivatives kg. 7.5% thereof 2939 79 00 -- Other kg. 7.5% 2939 80 00 - Other kg. 7.5% - _-_ - 7.5% 7.5% 7.5% **-** 10% 10% **2940 00 00** **XIII. –OTHER ORGANIC COMPOUNDS** **SUGARS,** **CHEMICALLY** **PURE, OTHER** **THAN** **SUCROSE,** **LACTOSE,** **MALTOSE,** **GLUCOSE AND FRUCTOSE;** **SUGAR** **ETHERS,** **SUGAR ACETALS AND SUGAR ESTERS AND** **THEIR SALTS, OTHER THAN PRODUCTS OF HEADINGS** **2937, 2938** **OR** **2939** **2941** **ANTIBIOTICS** 2941 10 2941 10 10 2941 10 20 _-_ -- -- _Penicillins and their derivative with a penicillanic_ _acid structure; salts thereof :_ Penicillins and its salts ( e.g. procaine penicillin, penicillin G-potassium) Ampicilline and its salts kg. kg. kg. ----- **SECTION-VI** **CHAPTER-29** 2941 10 30 --- Amoxycilline and its salts kg. 7.5% 10% 2941 10 40 --- Cioxacilline and its salts kg. 7.5% 10% 2941 10 50 --- 6-APA kg. 7.5% 10% 2941 10 90 --- Other kg. 7.5% 10% 2941 20 _- Streptomycins and their derivatives; salts thereof :_ 2941 20 10 --- Streptomycin kg. 7.5% 10% 2941 20 90 --- Other kg. 7.5% 10% 2941 30 _- Tetracyclines and their derivatives, salts thereof :_ 2941 30 10 --- Doxycycline and its salts kg. 7.5% 10% 2941 30 20 --- Tetracycline/oxytetra-cycline and their salts kg. 7.5% 10% 2941 30 90 --- Other kg. 7.5% 10% 2941 40 00 - Chloramphenicol and its derivatives; salts thereof kg. 7.5% 10% 2941 50 00 - Erythromycin and its derivatives; salts thereof kg. 7.5% 10% 2941 90 2941 90 11 _-_ _---_ --- _Other :_ _Rifampicin and its salts :_ Rifampicin kg. 7.5% 10% 2941 90 12 ---- 3 Formyl Rifa S V(Rifa int) kg. 7.5% 10% 2941 90 13 ---- Rifa S or Rifa S Sodium (Rifaint) kg. 7.5% 10% 2941 90 14 ---- 1-Amino-4-Methyl piperazine (Rifaint) kg. 7.5% 10% 2941 90 19 ---- Other kg. 7.5% 10% 2941 90 20 --- Cephalexin and its salts kg. 7.5% 10% 2941 90 30 --- Ciprofloxacine and its salts kg. 7.5% 10% 2941 90 40 --- Gentamycin and its salts kg. 7.5% 10% 2941 90 50 --- Neomycin kg. 7.5% 10% 2941 90 60 --- Norfloxacin and its salts kg. 7.5% 10% 2941 90 90 --- Other kg. 7.5% 10% **2942** **OTHER** **ORGANIC** **COMPOUNDS** 2942 00 2942 00 11 _-_ _---_ --- _Other organic compounds :_ _Cefadroxil and its salts, ibuprofane, nifedipine,_ _ranitidine, danes salt of D(-) phenyl glycine, D(-_ _) para hydroxy dane’s salts :_ Cefadroxil and its salts kg. 7.5% 2942 00 12 ---- Ibuprofane kg. 7.5% 2942 00 13 ---- Nifedipine kg. 7.5% 2942 00 14 ---- Ranitidine kg. 7.5% 2942 00 15 ---- Danes salt of D(-) phenyl glycine kg. 7.5% kg. kg. 2942 00 16 2942 00 21 --- _---_ --- D(-) para hydroxy dane‗s salts _Timolo maleate, terbutoline sulphate, D(-_ _)phenyl glycin chloride HCL (DPGCH),_ _imipramine HCl, amitryptyline HCl,_ _cysteanune HCl, atenolol, propronalol :_ Timolo maleate 7.5% 7.5% 2942 00 22 ---- Terbutoline sulphate kg. 7.5% 2942 00 23 ---- D(-) phenyl glycin chloride HCL (DPGCH) kg. 7.5% 2942 00 24 ---- Imipramine HCl kg. 7.5% 2942 00 25 ---- Amitryptyline HCl kg. 7.5% ----- **SECTION-VI** **CHAPTER-29** 2942 00 26 ---- Cysteanune HCl kg. 7.5% 2942 00 27 ---- Atenolol, propronalol kg. 7.5% _--- Diloxanide furoate, cimetidine, oxyclozanide,_ _famotidine :_ 2942 00 31 ---- Diloxanide furoate kg. 7.5% 2942 00 32 ---- Cimetidine kg. 7.5% 2942 00 33 ---- Oxyclozanide kg. 7.5% 2942 00 34 ---- Famotidine kg. 7.5% 2942 00 90 --- Other kg. 7.5% ----- **SECTION-VI** **CHAPTER-30** **CHAPTER** **30** **_Pharmaceutical products_** **NOTES** **:** 1. This Chapter does not cover: (a) foods or beverages (such as dietetic, diabetic or fortified foods, food supplements, tonic beverages and mineral waters), other than nutritional preparations for intravenous administration (Section IV); (b) products, such as tablets, chewing gum or patches (transdermal systems), containing nicotine and intended to assist tobacco use cessation (heading 2404); (c) plasters specially calcined or finely ground for use in dentistry (heading 2520); (d) aqueous distillates or aqueous solutions of essential oil, suitable for medicinal uses (heading 3301); (e) preparations of headings 3303 to 3307, even if they have therapeutic or prophylactic properties; (f) soap or other products of heading 3401 containing added medicaments; (g) preparations with a basis of plaster for use in dentistry (heading 3407); (h) blood albumin not prepared for therapeutic or prophylactic uses (heading 3502); or (ij) diagnostic reagents of heading 3822. 2. For the purposes of heading 3002, the expression ―immunological products‖ applies to peptides and proteins (other than goods of heading 2937) which are directly involved in the regulation of immunological processes, such as monoclonal antibodies (MAB), antibody fragments, antibody conjugates and antibody fragment conjugates, interleukins, interferons (IFN), chemokines and certain tumor necrosis factors (TNF), growth factors (GF), hematopoietins and colony stimulating factors (CSF).; 3. For the purposes of headings 3003 and 3004 and of Note 4(d) to this Chapter, the following are to be treated: (a) as unmixed products: (1) unmixed products dissolved in water; (2) all goods of Chapter 28 or 29; and (3) simple vegetable extracts of heading 1302, merelystandardised or dissolved in any solvent; (b) as products which have been mixed: (1) colloidal solutions and suspensions (other than colloidal sulphur); (2) vegetable extracts obtained by the treatment of mixture of vegetable materials; and (3) salts and concentrates obtained by evaporating natural mineral waters. 4. Heading 3006 applies only to the following, which are to be classified in that heading and in no other heading of this Schedule— (a) sterile surgical catgut, similar sterile suture materials (including sterile absorbable surgical or dental yarns) and sterile tissue adhesives for surgical wound closure; (b) sterile laminaria and sterile laminaria tents; (c) sterile absorbable surgical or dental haemostatics sterile surgical or dental adhesion barriers, ----- **SECTION-VI** **CHAPTER-30** whether or not absorbable; (d) opacifying preparations for X-ray examinations and diagnostic reagents designed to be administered to the patient, being unmixed products put up in measured doses or products consisting of two or more ingredients which have been mixed together for such uses; (e) placebos and blinded (or double-blinded) clinical trial kits for use in recognized clinical trials, put up in measured doses, even if they might contain active medicaments; (f) dental cements and other dental fillings; bone reconstruction cements; (g) first-aid boxes and kits; (h) chemical contraceptive preparations based on hormones, on other products of heading 2937 or on spermicides; (i) gel preparations designed to be used in human or veterinary medicine as a lubricant for parts of the body for surgical operations or physical examinations or as a coupling agent between the body and medical instruments; and (j) waste pharmaceuticals, that is, pharmaceutical products which are unfit for their original intended purpose due to, for example, expiry of shelf-life. (k) appliances identifiable for ostomy use, that is, colostomy, ileostomy and urostomy pouches cut to shape and their adhesive wafers or faceplates. **Sub-heading Notes:** 1. For the purposes of sub-headings 3002 13 and 3002 14, the following are to be treated: (a) as unmixed products, pure products, whether or not containing impurities; (b) as products which have been mixed: (1) the products mentioned in (a) above dissolved in water or in other solvents; (2) the products mentioned in (a) and (b) (1) above with an added stabiliser necessary for their preservation or transport; and (3) the products mentioned in (a), (b) (1) and (b) (2) above with any other additive. 2. Sub-headings 3003 60 and 3004 60 cover medicaments containing artemisinin (INN) for oral ingestion combined with other pharmaceutical active ingredients, or containing any of the following active principles, whether or not combined with other pharmaceutical active ingredients: amodi aquine (INN); artelinic acid or its salts; artenimol (INN); artemotil (INN); artemether (INN); artesunate (INN); chloroquine (INN); dihydroartemisinin (INN); lumefantrine (INN);mefloquine (INN); piperaquine (INN); pyrimethamine (INN) or sulfadoxine (INN). **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard** **Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **3001** **GLANDS** **AND** **OTHER** **ORGANS** **FOR** **ORGANO-** **THERAPEUTIC** **USES,** **DRIED,WHETHER** **OR** **NOT** **POWDERED;** **EXTRACTS OF GLANDS OR** **OTHER** **ORGANS OR OF THEIR SECRETIONS** **FOR ORGANO-** **THERAPEUTIC** **USES;** **HEPARIN AND ITS SALTS;** ----- **SECTION-VI** **CHAPTER-30** **(1)** **(2)** **(3)** **(4)** **(5)** **OTHER HUMAN OR ANIMAL** **SUBSTANCES PREPARED** **FOR THERAPEUTIC OR PROPHYLACTIC USES,** **ELSEWHERE SPECIFIED OR INCLUDED** 3001 20 - _Extracts of glands or other organs or of_ **NOT** kg. 3001 20 10 -- _their secretions :_ Liquid extracts of liver 10% 10% 3001 20 20 --- Liver extracts, dry kg. 10% 10% 3001 20 30 --- Snake venom kg. 10% 10% 3001 20 90 --- Other kg. 10% 10% 3001 90 - _Other :_ 3001 90 10 --- Of human origin kg. 10% 10% --- _Other :_ 3001 90 91 ---- Heparin and its salts kg. 10% 10% 3001 90 99 ---- Other kg. 10% 10% **3002** **HUMAN** **BLOOD;** **ANIMAL** **BLOOD** **PREPARED** **FORTHERAPEUTIC,** **PROPHYLACTIC** **OR** **DIAGNOSTIC** **USES;** **ANTISERA,** **OTHER** **BLOOD** **FRACTIONS** **AND** **IMMUNOLOGICAL** **PRODUCTS,** **WHETHER** **OR** **NOT** **MODIFIED** **OR** **OBTAINED** **BY** **MEANS** **OF** **BIOTECHNOLOGICAL** **PROCESSES;** **VACCINES,TOXINS,** **CULTURES OF MICRO-ORGANISMS (EXCLUDING YEASTS)** **AND** **OTHER** **SIMILAR** **PRODUCTS;** **CELL** **CULTURES,** **WHETHER OR NOT MODIFIED** _- Antisera, other blood fractions and products,_ _immunological whether or not modified or obtained_ _by biotechnologicalprocesses:_ 3002 12 -- Antisera and other blood fractions: 3002 12 10 --- For diphtheria kg. 10% 10% 3002 12 20 --- For tetanus kg. 10% 10% 3002 12 30 --- For rabies kg. 10% 10% 3002 12 40 --- For snake venom kg. 10% 10% 3002 12 90 --- Other kg. 10% 10% 3002 13 00 -- Immunological products, unmixed, not put up in kg. 10% 10% measured doses or in forms or packings for 10% 10% 3002 14 00 - retail sale Immunological products, mixed, not put up in measured doses or in forms or packings for retail sale kg. ----- **SECTION-VI** **CHAPTER-30** **(1)** **(2)** **(3)** **(4)** **(5)** 3002 15 00 - Immunological products, put up in measured doses or in forms or packings for retail sale _Vaccines, toxins, cultures of micro-organisms_ (excluding yeasts) and similar products: kg. 10% 10% 3002 41 -- _Vaccines for human medicine:_ --- _Single vaccines for:_ 3002 41 11 ---- Cholera and typhoid kg. 10% 10% 3002 41 12 ---- Hepatitis kg. 10% 10% 3002 41 13 ---- Tetanus kg. 10% 10% 3002 41 14 ---- Polio kg. 10% 10% 3002 41 15 ---- Tuberculosis kg. 10% 10% 3002 41 16 ---- Rabies kg. 10% 10% 3002 41 17 ---- Japanese encephalitis kg. 10% 10% 3002 41 18 ---- Whopping cough (pertusis) kg. 10% 10% 3002 41 19 3002 41 21 --- -- --- Other _Mixed vaccines for:_ Diphtheria, pertusis and tetanus (DPT) kg. kg. 10% 10% 10% 10% 3002 41 22 ---- Diphtheria and tetanus (DT) kg. 10% 10% 3002 41 23 ---- Measles, mumps and rubella (MMR) kg. 10% 10% 3002 41 24 ---- Typhoid-paratyphoid (TAB) kg. 10% 10% 3002 41 25 ---- Typhoid- paratyphoid-cholera (TABC) kg. 10% 10% 3002 41 29 ---- Other kg. 10% 10% 3002 42 00 -- Vaccines for veterinary medicine kg. 10% 10% 3002 49 -- _Other:_ 3002 49 10 --- Cultures of micro-organisms (excluding yeast) kg. 10% 10% 3002 49 20 --- Toxins kg. 10% 10% 3002 49 90 --- Other kg. 10% 10% _Cell cultures, whether or not modified:_ Cell therapy products kg. 3002 51 00 ### - 10% 10% 3002 59 00 -- Other kg. 10% 10% 3002 90 - Other: kg. 10% 10% 3002 90 10 --- Human blood kg. 10% 10% 3002 90 20 --- Animal blood prepared for therapeutic, kg. 10% 10% prophylactic or diagnostic uses 3002 90 90 --- Other kg. 10% 10% **3003** **MEDICAMENTS** **(EXCLUDING** **GOODS** **OF** **HEADING** **3002, 3005** **OR** **3006)** **CONSISTING OF TWO OR** **MORE CONSTITUENTS WHICH HAVE BEEN MIXED** **TOGETHER FOR THERAPEUTIC OR PROPHYLACTIC** **USES,** **NOT PUT UP IN MEASURED DOSES OR IN** **FORMS OR PACKINGS FOR RETAIL SALE** 3003 10 00 - Containing penicillins or derivatives thereof, with a penicillanic acid structure, or streptomycins or their derivatives kg. 10% 10% ----- **SECTION-VI** **CHAPTER-30** **(1)** **(2)** **(3)** **(4)** **(5)** 3003 20 00 3003 31 00 _-_ - Other, containing antibiotics _Other, containing hormones or other_ _of heading 2937:_ Containing insulin 10% 10% 10% 10% _products_ kg. kg. 3003 39 00 -- Other kg. 10% 10% _Other, containing alkaloids or derivatives_ _thereof:_ Containing ephedrine or its salts kg. 3003 41 00 _-_ - 10% 10% 3003 42 00 -- Containing pseudoephedrine (INN) or its salts kg. 10% 10% 3003 43 00 -- Containing norephedrine or its salts kg. 10% 10% 3003 49 00 -- Other kg. 10% 10% 3003 60 00 3003 90 3003 90 11 _---_ --- Other, containing antimalarial active principles described in Sub-heading Note 2 to this Chapter _Other :_ _Ayurvedic, Unani, Siddha, Homoeopathic_ _or Bio-chemic systems medicaments :_ Of Ayurvedic system kg. 10% 10% kg. 10% 10% 3003 90 12 ---- Of Unani system kg. 10% 10% 3003 90 13 ---- Of Siddha system kg. 10% 10% 3003 90 14 ---- Of Homoeopathic system kg. 10% 10% 3003 90 15 3003 90 21 3003 90 22 3003 90 31 3003 90 32 3003 90 33 --- -- --- --- **---** --- --- --- Of Bio-chemic system _Menthol crystals and milk of magnesia :_ Menthol crystals Milk of magnesia _Bovine albumin and drugs of animal origin,_ _merbromine national formulary XII_ _(mercurochrome), calcium sennoside,_ _anaesthetic agents used in human or_ _veterinary medicine or surgery, aluminium_ _hydroxide gel :_ Bovine albumin and drugs of animal origin Merbromine national formulary XII (mercurochrome) Calcium sennoside kg. kg. kg. kg. kg. kg. 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 3003 90 34 ---- Anaesthetic agents used in human or veterinary medicine or surgery kg. 10% 10% 3003 90 35 ---- Aluminium hydroxide gel kg. 10% 10% 3003 90 36 ---- Ketamine kg 10% 10% 3003 90 90 --- Other kg. 10% 10% **3004** **MEDICAMENTS** **(EXCLUDING** **GOODS** **OF** **HEADING 3002,** **3005** **OR** **3006)** **CONSISTING** **OF** **MIXED** **OR UNMIXED** **PRODUCTS** **FOR** **THERAPEUTIC** **OR PROPHYLACTIC USES,** **PUT UP IN MEASURED DOSES** ----- **SECTION-VI** **CHAPTER-30** **(1)** **(2)** **(3)** **(4)** **(5)** **(INCLUDING THOSE IN THE FORM OF TRANSDERMAL** **ADMINISTRATION** **SYSTEMS)** **OR** **IN** **FORMS** **OR** **PACKINGS FOR RETAIL SALE** 3004 10 - _Containing penicillins_ _or derivatives_ _thereof,_ _with a penicillanic acid structure, or streptomycins_ _or their derivatives_ _:_ 3004 10 10 --- Penicillins kg. 10% 10% 3004 10 20 --- Ampicillin kg. 10% 10% 3004 10 30 --- Amoxycillin kg. 10% 10% 3004 10 40 --- Becampicillin kg. 10% 10% 3004 10 50 --- Cloxacillin kg. 10% 10% 3004 10 60 --- Ampicillin and cloxacillin combinations kg. 10% 10% 3004 10 70 --- Streptomycin kg. 10% 10% 3004 10 90 --- Other kg. 10% 10% 3004 20 -- _Other Containing antibiotics :_ --- _Cephalosporins_ _and their_ _derivatives_ _:_ 3004 20 11 ---- Cefazolin kg. 10% 10% 3004 20 12 ---- Cephalexin kg. 10% 10% 3004 20 13 ---- Ciprofloxacin kg. 10% 10% 3004 20 14 ---- Cefoxitin kg. 10% 10% 3004 20 19 ---- Other kg. 10% 10% 3004 20 20 --- Sulfonamides and cotrimoxazole kg. 10% 10% --- _Fluoroquinolones :_ 3004 20 31 ---- Norfloxacin kg. 10% 10% 3004 20 32 ---- Nalidixic acid kg. 10% 10% 3004 20 33 ---- Ciprofloxacin kg. 10% 10% 3004 20 34 ---- Ofloxacin kg. 10% 10% 3004 20 39 ---- Other kg. 10% 10% _--- Tetracyclines :_ 3004 20 41 ---- Chlortetracycline kg. 10% 10% 3004 20 42 ---- Oxytetracycline kg. 10% 10% 3004 20 49 ---- Other kg. 10% 10% 3004 20 50 --- Chloramphenicol kg. 10% 10% --- _Macrolide :_ 3004 20 61 ---- Erythromycin kg. 10% 10% 3004 20 62 ---- Roxithromycin kg. 10% 10% 3004 20 63 ---- Clarithromycin kg. 10% 10% 3004 20 64 ---- Azithromycin kg. 10% 10% 3004 20 69 ---- Other kg. 10% 10% 3004 20 70 ---- Cefadroxil kg. 10% 10% _--- Other :_ 3004 20 91 ---- Isoniazid kg. 10% 10% 3004 20 92 ---- Rifampicin kg. 10% 10% 3004 20 93 ---- Pyrazinamide kg. 10% 10% 3004 20 94 ---- Ethambutol kg. 10% 10% ----- **SECTION-VI** **CHAPTER-30** **(1)** **(2)** **(3)** **(4)** **(5)** 3004 20 95 ---- Clindamycin kg. 10% 10% 3004 20 96 ---- Vancomycin kg. 10% 10% 3004 20 97 ---- Polymyxin B and colistin kg. 10% 10% 3004 20 99 ---- Other kg. 10% 10% _- Other, containing hormones or other_ _products_ _of_ _heading_ _2937:_ 3004 31 -- Containing insulin: 3004 31 10 --- Insulin injection kg. 10% 10% 3004 31 90 --- Other kg. 10% 10% 3004 32 00 -- Containing corticosteroid hormones, their kg. 10% 10% derivatives or structural analogues 3004 39 -- _Other :_ --- _Pituitary hormones; prednisolone;_ _dexamethasone; danazol; other progestogen_ _and oestogen group hormones :_ 3004 39 11 ---- Pituitary hormones kg. 10% 10% 3004 39 12 ---- Prednisolone kg. 10% 10% 3004 39 13 ---- Dexamethasone kg. 10% 10% 3004 39 14 ---- Danazol kg. 10% 10% 3004 39 19 ---- Other progestogen and oestogen group hormones kg. 10% 10% _--- Gonadotrophins_ _and luteinising hormone :_ 3004 39 21 ---- Gonadotrophins kg. 10% 10% 3004 39 22 ---- Luteinising hormone kg. 10% 10% 3004 39 90 --- Other kg. 10% 10% - _Other,_ _containing_ _alkaloids_ _or_ _derivatives_ _thereof:_ 3004 41 00 -- Containing ephedrine or its salts kg. 10% 10% 3004 42 00 -- Containing pseudoephedrine (INN) or its salts kg. 10% 10% 3004 43 00 -- Containing norephedrine or its salts kg. 10% 10% 3004 49 -- _Other:_ 3004 49 10 --- Atropin and salts thereof kg. 10% 10% 3004 49 20 --- Caffein and salts thereof kg. 10% 10% 3004 49 30 --- Codeine and derivatives, with or without ephidrine kg. 10% 10% hydrochloride 3004 49 40 --- Ergot preparations, ergotamine and salts thereof kg. 10% 10% 3004 49 50 --- Papavarine hydrochloride kg. 10% 10% 3004 49 60 --- Bromohexin and solbutamol kg. 10% 10% 3004 49 70 --- Theophylline and salts thereof kg. 10% 10% 3004 49 90 --- Other kg. 10% 10% 3004 50 - _Other containing vitamins or other products_ _of heading_ _2936 :_ 3004 50 10 --- Heamatinics and erythropoietin preparations kg. 10% 10% 3004 50 20 --- Preparations of minerals and their supplements kg. 10% 10% _--- Preparations of vitamins :_ 3004 50 31 ---- Of vitamin A kg. 10% 10% ----- **SECTION-VI** **CHAPTER-30** **(1)** **(2)** **(3)** **(4)** **(5)** 3004 50 32 ---- Of vitamin B1 and B2 and salts thereof kg. 10% 10% 3004 50 33 ---- Of vitamin B9 kg. 10% 10% 3004 50 34 ---- Of vitamin B12 kg. 10% 10% 3004 50 35 ---- Of vitamin C kg. 10% 10% 3004 50 36 ---- Of vitamin D kg. 10% 10% 3004 50 37 ---- Of vitamin E kg. 10% 10% 3004 50 39 ---- Other kg. 10% 10% 3004 50 90 --- Other kg. 10% 10% 3004 60 00 - Other, containing antimalarial active principles kg. 10% 10% described in Sub-heading Note 2 to this Chapter 3004 90 - _Other :_ _--- Ayurvedic,_ _Unani,_ _Homoeopathic,_ _Siddha_ _or_ _Bio-chemic systems medicaments, put up for_ _retail sale :_ 3004 90 11 ---- Of Ayurvedic system kg. 10% 10% 3004 90 12 ---- Of Unani system kg. 10% 10% 3004 90 13 ---- Of Siddha system kg. 10% 10% 3004 90 14 ---- Of Homoeopathic system kg. 10% 10% 3004 90 15 ---- Of Bio-chemic system kg. 10% 10% _--- Anthelmintics_ _drugs;_ _antiamoebic_ _and_ _other_ _antiprotozal drugs; antifungal_ _drugs :_ 3004 90 21 ---- Anthelmintics and preparations thereof kg. 10% 10% 3004 90 22 ---- Metronidazole kg. 10% 10% 3004 90 23 ---- Tinidazole kg. 10% 10% 3004 90 24 ---- Secnidazole kg. 10% 10% 3004 90 25 ---- Diluxamide furoate kg. 10% 10% 3004 90 26 ---- Sodium stibogluconate kg. 10% 10% 3004 90 27 ---- Pentamidine kg. 10% 10% 3004 90 29 ---- Other kg. 10% 10% _--- Antihistaminics drugs; antacids preparations;_ _antiulcer_ _drugs; antiemitics_ _and_ _other_ _gastrointestinal drugs_ _:_ 3004 90 31 ---- Promethazine, chlorpheniramine, astemizole and kg. 10% 10% ceteirizine 3004 90 32 ---- Sodium bicarbonate, magnesium hydroxide kg. 10% 10% (milk of magnesia), magnesium carbonate, magnesium trisilicate, aluminium hydroxide gel, magaldarate and combinations thereof 3004 90 33 ---- Cimetidine, rantidine, nizatidine and roxatidine kg. 10% 10% 3004 90 34 ---- Omeprazole and lansoprazole kg. 10% 10% 3004 90 35 ---- Dicyclomine, metoclopramide and dexame kg. 10% 10% thasone and ondansetron 3004 90 36 ---- Chenodiol and ursodiol kg. 10% 10% 3004 90 39 ---- Other kg. 10% 10% ----- **SECTION-VI** **CHAPTER-30** **(1)** **(2)** **(3)** **(4)** **(5)** _--- Anticancer drugs :_ 3004 90 41 ---- Cyclophosphamide kg. 10% 10% 3004 90 42 ---- Methotrexate, 5-fluorouracil(5-FU) and ftorafur kg. 10% 10% 3004 90 43 ---- Bincristine and vinblastine kg. 10% 10% 3004 90 44 ---- Paclitaxel and docetaxel kg. 10% 10% 3004 90 45 ---- Etoposide kg. 10% 10% 3004 90 46 ---- Actinomycin D Dactinomycin and doxorubicin kg. 10% 10% 3004 90 47 ---- L-Asparaginase, cisplatin and carboplatin kg. 10% 10% 3004 90 48 ---- Tamoxifen kg. 10% 10% 3004 90 49 ---- Other kg. 10% 10% --- _Antitubercular_ _drugs;_ _antileprotic drugs;_ _antimalarial drugs :_ 3004 90 51 ---- Isoniazid kg. 10% 10% 3004 90 52 ---- Rifampicin kg. 10% 10% 3004 90 53 ---- Pyrazinamide and ethambutol kg. 10% 10% 3004 90 54 ---- Streptomycin kg. 10% 10% 3004 90 55 ---- Dapsone (DDS), acedapsone (DADDS), kg. 10% 10% solopsone and clofazimine 3004 90 56 ---- Chloroquine, amodiaquine, mefloquine, kg. 10% 10% quinine, chloroguamide, pyrimethamine 3004 90 57 ---- Other antitubercular drugs kg. 10% 10% 3004 90 58 ---- Other antileprotic drugs kg. 10% 10% 3004 90 59 ---- Other antimalarial drugs kg. 10% 10% _--- Nonsteroidal antiinflammatory,_ _analgesics_ _and antipyratic drugs :_ 3004 90 61 ---- Analgin with or without other compounds such as paracetamol kg. 10% 10% 3004 90 62 ---- Acetyl salicylic acid (aspirin) and formulations kg. 10% 10% thereof 3004 90 63 ---- Ibuprofen with or without paracetamol or other compounds kg. 10% 10% 3004 90 64 ---- Oxyphen butazone, phenyl butazone and formulations thereof kg. 10% 10% 3004 90 65 ---- Indomethacin kg. 10% 10% 3004 90 66 ---- Mephenamic acid, dactofenac sodium, piroxicam, kg. 10% 10% tenoxicam and meloxicam 3004 90 67 ---- Ketorolac, nimesulide, nabumetone and nefopam kg. 10% 10% 3004 90 69 ---- Other kg. 10% 10% _--- Antihypertensive_ _drugs_ _:_ 3004 90 71 ---- Captopril, enalapril, lisinopril, perindopril and kg. 10% 10% ramipril 3004 90 72 ---- Verapamil, nifedipine, amlodipine and lacidipine kg. 10% 10% 3004 90 73 ---- Losartan kg. 10% 10% 3004 90 74 ---- Propranolol, metoprolol, atenolol and labetalol kg. 10% 10% 3004 90 75 ---- Prazosin, terazosin, phentolamine and kg. 10% 10% phenoxybenzamine ----- **SECTION-VI** **CHAPTER-30** **(1)** **(2)** **(3)** **(4)** **(5)** 3004 90 76 ---- Clonidine, methyldopa kg. 10% 10% 3004 90 77 ---- Hydralazine, minoxidil and diazoxide kg. 10% 10% 3004 90 79 ---- Other kg. 10% 10% --- _Antiepiliptic_ _drugs;_ _sulfa_ _drugs_ _not_ _elsewhere_ _specified_ _or_ _included,_ _preparations_ _of_ _enzymes;_ _veterinary_ _medicinal preparations, not for human_ _use, not elsewhere specified or included;_ _oral_ _rehydration_ _salts;_ _antibacterial_ _formulationsnot_ _elsewhere_ _specified_ _or_ _included, sedatives and tranquilizers :_ 3004 90 81 ---- Phenobarbitone, mephobarbitone, primidone, kg. 10% 10% phenytoin, carbamazepine, ethosuccimide, valporic acid (sodium valporate), diazepam, lamotrigine, gabapentin, bigabatrin, phenacemide, trimethadione and acetazolamide 3004 90 82 ---- Other antiepileptic drugs kg. 10% 10% 3004 90 83 ---- Sulpha drugs not elsewhere specified or included kg. 10% 10% 3004 90 84 ---- Preparations of enzymes kg. 10% 10% 3004 90 85 ---- Veterinary medicinal preparations, not for kg. 10% 10% human use, not elsewhere specified or included 3004 90 86 ---- Oral rehydration salts kg. 10% 10% 3004 90 87 ---- Antibacterial formulations, not elsewhere specified or included kg. 10% 10% 3004 90 88 ---- Sedatives kg. 10% 10% 3004 90 86 --- 3004 90 89 3004 90 91 --- _---_ --- Tranquilizers _Other :_ Salbutamol, terbutaline, ephedrine, salmeterol kg. 10% 10% and methyl xanthimes kg. 10% 10% 3004 90 92 ---- Plasma expanders kg. 10% 10% 3004 90 93 ---- Chloropheniramine maleate, with or without other compounds(excluding steriods and alkaloids) 3004 90 94 ---- Theophylline, aminophylline and other broncho dilators 3004 90 95 ---- Carcino-chemotherapeutic drugs not elsewhere specified or included kg. 10% 10% kg. 10% 10% kg. 10% 10% 3004 90 96 ---- Ketamine kg 10% 10% 3004 90 99 ---- Other kg. 10% 10% **3005** **WADDING, GAUZE, BANDAGES AND SIMILAR ARTICLES** **(FOR EXAMPLE, DRESSINGS, ADHESIVE PLASTERS,** **POULTICES),** **IMPREGNATED** **OR** **COATED** **WITH** **PHARMACEUTICAL SUBSTANCES OR PUT UP IN FORMS** **OR PACKINGS FOR RETAIL SALE FOR** **MEDICAL,** **SURGICAL,** **DENTAL OR VETERINARY PURPOSES** ----- **SECTION-VI** **CHAPTER-30** **(1)** **(2)** **(3)** **(4)** **(5)** 3005 10 3005 10 10 -- _Adhesive dressings and other articles having an_ _adhesive layer :_ Adhesive guaze kg. 10% 3005 10 20 --- Adhesive tape kg. 10% 3005 10 90 --- Other kg. 10% 3005 90 - _Other :_ 3005 90 10 --- Cotton wool, medicated kg. 10% 3005 90 20 --- Poultice of kaolin kg. 10% 3005 90 30 --- Lint, medicated kg. 10% 3005 90 40 --- Bandages kg. 10% 3005 90 50 --- Burn therapy dressing soaked in protective gel kg. 10% 3005 90 60 --- Micro pores surgical tapes kg. 10% 3005 90 70 --- Corn removers and callous removers kg. 10% 3005 90 90 --- Other kg. 10% **3006** **PHARMACEUTICAL** **GOODS** **SPECIFIED** **IN** **NOTE** **4** **TO THIS CHAPTER** 3006 10 3006 10 10 3006 10 20 -- -- Sterile surgical catgut, similar sterile suture materials (including sterile absorbable surgical or dental yarns) and sterile tissue adhesives for surgical wound closure; sterile laminaria and sterile laminaria tents; sterile absorbable surgical or dental haemostatics;sterile surgical or dental adhesion barriers, whether or not absorbable : Sterile, surgical catgut and similar sterile suture materials (including sterile absorbable surgical or dental yarns) and sterile tissue adhesives for wound closure Sterile laminaria and sterile laminaria tents, sterile absorbable surgical or dental haemostatics, sterile surgical or dental adhesion barriers, whether or not absorbable kg. kg. 10% 10% 3006 30 00 - Opacifying preprations for X-ray examinations; diagnostic reagents designed to be administered to the patient 3006 40 00 - Dental cements and other dental fillings; bone reconstruction cements kg. 10% kg. 10% 3006 50 00 - First-aid boxes and kits kg. 10% ----- **SECTION-VI** **CHAPTER-30** 3006 60 - _Chemical contraceptive preparations based_ _on hormones, on other products of heading_ _2937 or on spermicides :_ 3006 60 10 --- Based on hormones kg. Free 3006 60 20 --- Based on other products of heading 2937 kg. Free 3006 60 30 --- Based on spermicides kg. Free 3006 70 00 - Gel preparations designed to be used in human kg. 10% or veterinary medicine as a lubricant for parts of the body for surgical operations or physical examinations or as a coupling agent between the body and medical instruments - _Other:_ 3006 91 00 -- Appliances identifiable for ostomy use kg. 10% 3006 92 00 -- Waste pharmaceuticals kg. 10% 3006 93 00 -- Placebos and blinded (or double-blinded) clinical kg. 10% trial kits for a recognised clinical trial, put up in measured doses ----- **SECTION-VI** **CHAPTER-31** **CHAPTER** **31** **_Fertilisers_** **NOTES** **:** 1. This Chapter does not cover : (a) animal blood of heading 0511; (b) separate chemically defined compounds [other than those answering to the descriptions in Note 2(a), 3(a), 4(a) or 5 below]; or (c) cultured potassium chloride crystals (other than optical elements) weighing not less than 2.5 g. each, of heading 3824; optical elements of potassium chloride (heading 9001). 2. Heading 3102 applies only to the following goods, provided that they are not put up in the forms or packages described in heading 3105: (a) goods which answer to one or other of the descriptions given below: (i) sodium nitrate, whether or not pure; (ii) ammonium nitrate, whether or not pure; (iii) double salts, whether or not pure, of ammonium sulphate and ammonium nitrate; (iv) ammonium sulphate, whether or not pure; (v) double salts (whether or not pure) or mixtures of calcium nitrate and ammonium nitrate; (vi) double salts (whether or not pure) or mixtures of calcium nitrate and magnesium nitrate; (vii) calcium cyanamide, whether or not pure or treated with oil; (viii) urea, whether or not pure; (b) fertilisers consisting of any of the goods described in (A) above mixed together; (c) fertilisers consisting of ammonium chloride or of any of the goods described in (A) or (B) above mixed with chalk, gypsum or other inorganic non-fertilising substances; (d) liquid fertilisers consisting of the goods of sub-paragraph (A) (ii) or (viii) above, or of mixtures of those goods, in an aqueous or ammoniacal solution. 3. Heading 3103 applies only to the following goods, provided that they are not put up in the forms or packages described in heading 3105: (a) goods which answer to one or other of the descriptions given below: (i) basic slag; (ii) natural phosphates of heading 2510, calcined or further heat-treated than for the removal of impurities; (iii) superphosphates (single, double or triple); (iv) calcium hydrogen orthophosphate containing not less than 0.2 per cent. by weight of fluorine calculated on the dry anhydrous product; (b) fertilisers consisting of any of the goods described in (A) above mixed together, but with no account being taken of the flourine content limit; (c) fertilisers consisting of any of the goods described in (A) or (B) above, but with no account being taken of the fluorine content limit, mixed with chalk, gypsum or other inorganic non-fertilising substances. 4. Heading 3104 applies only to the following goods, provided that they are not put up in the forms or ----- **SECTION-VI** **CHAPTER-31** packages described in heading 3105 : (a) goods which answer to one or other of the descriptions given below: (i) crude natural potassium salts (for example, carnallite, kainite and sylvite); (ii) potassium chloride, whether or not pure, except as provided in Note 1(C) above; (iii) potassium sulphate, whether or not pure; (iv) magnesium potassium sulphate, whether or not pure; (b) fertilisers consisting of any of the goods described in (A) above mixed together. 5. Ammonium dihydrogen orthophosphate (monoammonium phosphate) and diammonium hydrogen orthophosphate (diammonium phosphate) whether or not pure, and intermixtures thereof, are to be classified in heading 3105. 6. For the purposes of heading 3105, the term ―other fertilisers‖ applies only to products of a kind used as fertilisers and containing, as an essential constituent, at least one of the fertilising elements nitrogen, phosphorus or potassium. **Supplementary Note :** (1) In this Chapter, reference to any standard of the Bureau of Indian Standards refers to the last published version of that standard. Illustration : IS 1459 refers to IS 1459: 2018 and not to IS 1459: 1974. **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard** **Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **3101** **ANIMAL OR VEGETABLE FERTILISERS,** **WHETHER OR NOT** **MIXED TOGETHER** **OR** **CHEMICALLY** **TREATED; FERTILISERS** **PRODUCED BY THE MIXING OR CHEMICAL TREATMENT OF** **ANIMAL OR VEGETABLE PRODUCTS** 3101 00 - _Animal or vegetable fertilisers, whether or not_ _mixed together or chemically treated; fertilisers_ _produced by the mixing or chemical treatment of_ _animal or vegetable products :_ 3101 00 10 **---** Guano kg. 7.5% _-_ **---** _Other :_ 3101 00 91 **----** Animal dung kg. 7.5% 3101 00 92 **----** Animal excreta kg. 7.5% 3101 00 99 **----** Other kg. 7.5% **3102** **MINERAL** **OR** **CHEMICAL** **FERTILISERS,** **NITROGENOUS** 3102 10 **-** _Urea, whether or not in aqueous solution_ _:_ 3102 10 10 --- Fertilizer grade, conforming to Standard IS 5406 kg. 10% 3102 10 90 --- Other kg. 10% - _Ammonium sulphate; double salts and mixtures_ _of ammonium sulphate and ammonium nitrate:_ 3102 21 00 **--** Ammonium sulphate kg. 5% 3102 29 **--** _Other :_ 3102 29 10 **---** Ammonium sulphonitrate kg. 7.5% 3102 29 90 Other kg 7 5% ----- **SECTION-VI** **CHAPTER-31** solution 3102 40 00 **-** Mixtures of ammonium nitrate with calcium kg. 7.5% carbonate or other inorganic non-fertilising substances 3102 50 00 **-** Sodium nitrate kg. Free 3102 60 00 **-** Double salts and mixtures of calcium nitrate kg. 7.5% and ammonium nitrate 3102 80 00 **-** Mixtures of urea and ammonium nitrate in kg. 7.5% aqueous or ammoniacal solution 3102 90 **-** _Other, including mixtures not specified in the_ _foregoing sub-headings :_ 3102 90 10 **---** Double salts or mixtures of calcium nitrate kg. 7.5% and magnesium nitrate 3102 90 90 **---** Other kg. 7.5% **3103** **MINERAL** **OR** **CHEMICAL** **FERTILISERS,** **PHOSPHATIC** **-** _Superphosphates:_ 3103 11 00 **--** Containing by weight 35 % or more of kg. 7.5% kg. kg. 3103 19 00 3103 90 00 **--** **-** 7.5% 7.5% diphosphorus pentaoxide(P2O5) Other Other **3104** **MINERAL** **OR** **CHEMICAL** **FERTILISERS,** **POTASSIC** 3104 20 00 **-** Potassium chloride kg. 7.5% 3104 30 00 **-** Potassium sulphate kg. 5% 3104 90 00 **-** Other kg. 7.5% **3105** **MINERAL** **OR** **CHEMICAL** **FERTILISERS** **CONTAINING** **TWO OR THREE OF THE FERTILISING ELEMENTS** **NITROGEN, PHOSPHORUS AND POTASSIUM; OTHER** **FERTILISERS;** **GOODS** **OF** **THIS** **CHAPTER** **IN** **TABLETS** **OR SIMILAR FORMS OR IN PACKAGES OF A GROSS** **WEIGHT NOT EXCEEDING** **10 KG** 3105 10 00 **-** Goods of this Chapter in tablets or similar kg. 7.5% forms or in packages of a gross weight not exceeding 10 kg. 3105 20 00 **-** Mineral or chemical fertilisers containing kg. 5% the three fertilising elements nitrogen, phosphorus and potassium 3105 30 00 **-** Diammonium hydrogen ortho phosphate kg. 5% (diammonium phosphate) 3105 40 00 **-** Ammonium dihydrogen ortho phosphate kg. 5% (monoammonium phosphate) and mixtures thereof with diammonium hydrogen orthophosphate (diammonium phosphate) ----- **SECTION-VI** **CHAPTER-31** **(1)** **(2)** **(3)** **(4)** **(5)** **-** _Other mineral or chemical fertilisers contai ning_ _the two fertilising_ _elements_ _nitrogen_ _and_ _phosphorus :_ 3105 51 00 **--** Containing nitrates and phosphates kg. 5% 3105 59 00 **--** Other kg. 5% 3105 60 00 **-** Mineral or chemical fertilisers containing the kg. 5% two fertilising elements phosphorus and potassium 3105 90 **-** _Other :_ 3105 90 10 **---** Mineral or chemical fertilisers containing kg. 5% two fertilising elements namely nitrogen and potassium 3105 90 90 **---** Other kg. 5% ----- **SECTION-VI** **CHAPTER-32** **CHAPTER** **32** **_Tanning or dyeing extracts; tannins and their derivatives; dyes, pigments and other colouring matter;_** **_paints and varnishes; putty and other mastics; inks_** **NOTES:** 1. This Chapter does not cover : (a) separate chemically defined elements or compounds [except those of heading 3203 or 3204, inorganic products of a kind used as lumino-phores (heading 3206), glass obtained from fused quartz or other fused silica in the forms provided for in heading 3207, and also dyes and other colouring matter put up in forms or packings for retail sale, of heading 3212]; (b) tannates or other tannin derivatives of products of headings 2936 to 2939, 2941 or 3501 to 3504; or (c) mastics of asphalt or other bituminous mastics (heading 2715). 2. Heading 3204 includes mixtures of stabilised diazonium salts and couplers for the production of azo dyes. 3. Headings 3203, 3204, 3205 and 3206 apply also to preparations based on colouring matter (including, in the case of heading 3206, colouring pigments of heading 2530 or Chapter 28, metal flakes and metal powders), of a kind used for colouring any material or used as ingredients in the manufacture of colouring preparations. The headings do not apply, however, to pigments dispersed in non-aqueous media, in liquid or paste form, of a kind used in the manufacture of paints, including enamels (heading 3212), or to other preparations of heading 3207, 3208, 3209, 3210, 3212, 3213 or 3215. 4. Heading 3208 includes solutions (other than collodions) consisting of any of the products specified in headings 3901 to 3913 in volatile organic solvents when the weight of the solvent exceeds 50 per cent. of the weight of the solution. 5. The expression ―colouring matter‖ in this Chapter does not include products of a kind used as extenders in oil paints, whether or not they are also suitable for colouring distempers. 6. The expression ―stamping foils‖ in heading 3212 applies only to thin sheets of a kind used for printing, for example, book covers or hat bands, and consisting of : (a) metallic powder (including powder of precious metal) or pigment, agglomerated with glue, gelatin or other binder; or (b) metal (including precious metal) or pigment, deposited on a supporting sheet of any material. **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard** **Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **3201** **TANNING EXTRACTS OF VEGETABLE ORIGIN;** **TANNINS** **AND THEIR SALTS, ETHERS, ESTERS** **AND** **OTHER DERIVATIVES** ----- **SECTION-VI** **CHAPTER-32** **(1)** **(2)** **(3)** **(4)** **(5)** 3201 10 00 **-** Quebracho extract kg. 7.5% 3201 20 00 **-** Wattle extract kg. 2.5% 3201 90 **_-_** _Other :_ 3201 90 10 **---** Gambier extracts kg. 7.5% 5% 3201 90 20 **---** Myrobalan fruit extract kg. 7.5% 5% 3201 90 30 **---** Gallotannic acid (tannin, digallic acid) kg. 7.5% 5% 3201 90 90 **---** Other kg. 7.5% 5% **3202** **SYNTHETIC** **ORGANIC** **TANNING** **SUBSTANCES;** **INORGANIC** **TANNING** **SUBSTANCES;** **TANNING** **PREPARATIONS,** **WHETHER OR** **NOT** **CONTAINING** **NATURAL** **TANNING** **SUBSTANCES;** **ENZYMATIC** **PREPARATIONS FOR PRE-TANNING** 3202 10 00 **-** [Synthetic organic tanning substances ] kg. 7.5% 3202 90 **-** _Other :_ 3202 90 10 **---** Inorganic tanning substances kg. 7.5% 3202 90 20 **---** Tanning preparations, whether or not kg. 7.5% 3202 90 30 **---** 7.5% containing natural tanning substances Enzymatic preparations for pre-tanning kg. 3202 90 90 **---** Other kg. 7.5% **3203** **COLOURING MATTER OF VEGETABLE OR ANIMAL** **ORIGIN (INCLUDING DYEING EXTRACTS BUT** **EXCLUDING ANIMAL BLACK),** **WHETHER OR NOT** **CHEMICALLY DEFINED;** **PREPARATIONS AS SPECIFIED** **IN** **NOTE** **3 TO THIS** **CHAPTER BASED** **ON COLOURING** **MATTER OF VEGETABLE OR ANIMAL ORIGIN** _3203 00_ _-_ _Colouring matter of vegetable or animal origin_ _(including dyeing extracts but excluding animal_ _black), whether or not chemically defined;_ _preparations as specified in Note 3 to this Chapter_ _based on colouring matter of vegetable or animal_ origin : 3203 00 10 **---** Cutch (Catechu) extracts kg. 7.5% 3203 00 20 **---** Food colours other than synthetic kg. 7.5% 3203 00 30 **---** Lac-dye kg. 7.5% 3203 00 40 **---** Natural indigo kg. 7.5% 3203 00 90 **---** Other kg. 7.5% **3204** **SYNTHETIC ORGANIC COLOURING MATTER,** **WHETHER** **OR NOT CHEMICALLY DEFINED;** **PREPARATIONS AS** **SPECIFIED IN NOTE 3 TO THIS CHAPTER BASED ON** **SYNTHETIC ORGANIC COLOURING MATTER;** **SYNTHETIC ORGANIC PRODUCTS OF A KIND USED AS** ----- **SECTION-VI** **CHAPTER-32** **(1)** **(2)** **(3)** **(4)** **(5)** **FLUORESCENT BRIGHTENING AGENTS OR AS** **LUMINOPHORES, WHETHER OR NOT CHEMICALLY** **DEFINED** - _Synthetic organic colouring matter and preparations_ _based thereon as specified in Note 3 to this Chapter :_ 3204 11 -- Disperse dyes and preparations based thereon : --- _Disperse yellow :_ 3204 11 11 **----** Disperse yellow 13 (duranol brill yellow 6 G) kg. 7.5% 3204 11 - 3204 11 19 **----** Other kg. 7.5% --- _Disperse orange :_ 3204 11 21 **----** Disperse orange 11 (duranol orange G) kg. 7.5% 3204 11 29 **----** Other kg. 7.5% --- _Disperse red :_ 3204 11 31 **----** Disperse red 3 (serisol fast pink B) kg. 7.5% 3204 11 32 **----** Disperse red 4 (celliton fast pink RF) kg. 7.5% 3204 11 33 **----** Disperse red 9 (duranol red GN) kg. 7.5% 3204 11 39 **----** Other kg. 7.5% --- _Disperse violet :_ 3204 11 41 **----** Disperse violet 1 (duranol violet 2R) kg. 7.5% 3204 11 42 **----** Disperse violet 4 (duranol brill violet B) kg. 7.5% 3204 11 43 **----** Disperse violet 8 (duranol brill violet BR) kg. 7.5% 3204 11 49 **----** Other kg. 7.5% --- _Disperse blue :_ 3204 11 51 **----** Disperse blue 1 (duranol brill blue CB) kg. 7.5% 3204 11 52 **----** Disperse blue 3 (duranol brill blue BBN) kg. 7.5% 3204 11 53 **----** Disperse blue 5 (celliton fast blue FFB) kg. 7.5% 3204 11 54 **----** Disperse blue 6 (celliton fast blue FFG) kg. 7.5% 3204 11 55 **----** Disperse blue 14 (duranol brill blue G) kg. 7.5% 3204 11 56 **----** Disperse blue 24 (duranol blue 2G) kg. 7.5% 3204 11 59 **----** Other kg. 7.5% --- _Other :_ 3204 11 91 **----** Disperse greens kg. 7.5% 3204 11 92 **----** Disperse browns kg. 7.5% 3204 11 93 **----** Disperse blacks kg. 7.5% 3204 11 94 **----** Disperse brown mixtures kg. 7.5% 3204 11 95 **----** Disperse grey mixtures kg. 7.5% 3204 11 96 **----** Disperse black mixtures kg. 7.5% 3204 11 99 **----** Other kg. 7.5% 3204 12 - -- _Acid dyes, whether or not premetallised,_ _and preparations based thereon;mordant dyes_ _and preparations based thereon :_ _Azo dyes :_ 3204 12 11 **----** Acid yellows kg. 7.5% 3204 12 12 **----** Acid oranges kg. 7.5% 3204 12 13 **----** Acid red kg. 7.5% ----- **SECTION-VI** **CHAPTER-32** **(1)** **(2)** **(3)** **(4)** **(5)** 7.5% 3204 12 14 **----** Acid violets kg. 3204 12 15 **----** Acid blues kg. 7.5% 3204 12 16 **----** Acid greens kg. 7.5% 3204 12 17 **----** Acid brown kg. 7.5% 3204 12 18 **----** Acid blacks kg. 7.5% 3204 12 19 **----** Other kg. 7.5% --- _Acid greens (non-azo) :_ 3204 12 21 **----** Acid green 17 (solacet fast green 2G) kg. 7.5% 3204 12 22 **----** Acid green 27 (carbolan green G) kg. 7.5% 3204 12 23 **----** Acid green 28 (carbolan brill green 5G) kg. 7.5% 3204 12 24 **----** Acid green 38 (alizarine cyanine green 3G) kg. 7.5% 3204 12 25 **----** Acid green 44 (alizarine cyanine green GWA) kg. 7.5% 3204 12 29 **----** Other kg. 7.5% --- _Acid black (non-azo) :_ 3204 12 31 **----** Acid black 2 (nigrosine) kg. 7.5% 3204 12 32 **----** Acid black 48 (coomasie fast grey 3G) kg. 7.5% 3204 12 39 **----** Other kg. 7.5% --- _Acid Blues 2, 14, 23, 25, 45, 51, 52 and 78_ _(non-_ _azo) :_ 3204 12 41 **----** Acid blue 2 (alizarine brill blue PFN) kg. 7.5% 3204 12 42 **----** Acid blue 14 (solacet fast blue 4 G1) kg. 7.5% 3204 12 43 **----** Acid blue 23 (alizarine light blue 4 G1) kg. 7.5% 3204 12 44 **----** Acid blue 25 (solway ultra blue B) kg. 7.5% 3204 12 45 **----** Acid blue 45 (solway blue RN) kg. 7.5% 3204 12 46 **----** Acid blue 51 (alizarine sky blue FFB] kg. 7.5% 3204 12 47 **----** Acid blue 52 (alizarine light - 5GL) kg. 7.5% 3204 12 48 **----** Acid blue 78 (solway sky blue B) kg. 7.5% --- _Acid blues 93, 112, 127, 138, 140 and others_ _(non-azo) :_ 3204 12 51 **----** Acid blue 93 (ink blue) kg. 7.5% 3204 12 52 **----** Acid blue 112 (coomasie ultra sky SE) kg. 7.5% 3204 12 53 **----** Acid blue 127 (brill alizarine milling blue G) kg. 7.5% 3204 12 54 **----** Acid blue 138 (carbolan blue B) kg. 7.5% 3204 12 55 **----** Acid blue 140 (carbolan brill blue 2R) kg. 7.5% 3204 12 59 **----** Other kg. 7.5% --- _Mordant dyes :_ 3204 12 61 **----** Yellows kg. 7.5% 3204 12 62 **----** Oranges kg. 7.5% 3204 12 63 **----** Violets kg. 7.5% 3204 12 64 **----** Blues kg. 7.5% 3204 12 65 **----** Greens kg. 7.5% 3204 12 66 **----** Browns kg. 7.5% 3204 12 67 **----** Blacks kg. 7.5% 3204 12 68 **----** Red II (alizarine red) kg. 7.5% 3204 12 69 **----** Other kg. 7.5% ----- **SECTION-VI** **CHAPTER-32** **(1)** **(2)** **(3)** **(4)** **(5)** --- _Other non-azo acid dyes :_ 3204 12 91 **----** Acid yellows kg. 7.5% 3204 12 92 **----** Acid oranges kg. 7.5% 3204 12 93 **----** Acid red kg. 7.5% 3204 12 94 **----** Acid violets kg. 7.5% 3204 12 95 **----** Acid browns kg. 7.5% 3204 12 99 **----** Other kg. 7.5% 3204 13 -- _Basic dyes and preparations based thereon :_ 3204 13 10 **---** Basic azo dyes kg. 7.5% --- _Basic yellow (non-azo) :_ 3204 13 21 **----** Yellow 2 (auramine O) kg. 7.5% 3204 13 29 **----** Other kg. 7.5% --- _Basic red (non-azo) :_ 3204 13 31 **----** Red 1 (rhodamine 6 G) kg. 7.5% 3204 13 39 **----** Other kg. 7.5% --- _Basic violet (non-azo) :_ 3204 13 41 **----** Violet 1 (methyl Violet) kg. 7.5% 3204 13 42 **----** Violet 10 (rhodamine B) kg. 7.5% 3204 13 43 **----** Violet 14 (magenta) kg. 7.5% 3204 13 49 **----** Other kg. 7.5% --- _Basic blue (non-azo) :_ 3204 13 51 **----** Blue 9 (methylene Blue) kg. 7.5% 3204 13 52 **----** Blue 16 (victoria Blue B) kg. 7.5% 3204 13 59 **----** Other kg. 7.5% **---** _Basic green (non-azo) :_ 3204 13 61 **----** Green 4 (malachite green) kg. 7.5% 3204 13 69 **----** Other kg. 7.5% --- _Other non-azo basic dyes :_ 3204 13 91 **----** Basic oranges kg. 7.5% 3204 13 92 **----** Basic browns kg. 7.5% 3204 13 93 **----** Basic black kg. 7.5% 3204 13 99 **----** Other kg. 7.5% 3204 14 -- _Direct dyes and preparations based thereon :_ --- _Direct yellow (azo) :_ 3204 14 11 **----** Yellow 12 (chrysophenine G) kg. 7.5% 3204 14 19 **----** Other kg. 7.5% --- _Direct red (azo) :_ 3204 14 21 **----** Congo red kg. 7.5% 3204 14 29 **----** Other kg. 7.5% --- _Direct blue (azo) :_ 3204 14 31 **----** Blue 1 (sky blue FF) kg. 7.5% 3204 14 39 **----** Other kg. 7.5% 3204 14 40 **---** Direct oranges (azo) kg. 7.5% 3204 14 50 **---** Direct greens (azo) kg. 7.5% 3204 14 60 **---** Direct browns (azo) kg. 7.5% ----- **SECTION-VI** **CHAPTER-32** **(1)** **(2)** **(3)** **(4)** **(5)** 3204 14 70 **---** Direct blacks (azo) kg. 7.5% --- _Direct dyes (non-azo) :_ 3204 14 81 **----** Yellows kg. 7.5% 3204 14 82 **----** Oranges kg. 7.5% 3204 14 83 **----** Reds kg. 7.5% 3204 14 84 **----** Violets kg. 7.5% 3204 14 85 **----** Blues kg. 7.5% 3204 14 86 **----** Greens kg. 7.5% 3204 14 87 **----** Browns kg. 7.5% 3204 14 88 **----** Blacks kg. 7.5% 3204 14 89 **----** Other kg. 7.5% 3204 14 90 **---** Other kg. 7.5% 3204 15 -- _Vat dyes (including those usable in that state_ _as pigments) and preparations based thereon :_ --- _Vat yellow :_ 3204 15 11 **----** Vat yellow 2 (GC) kg. 7.5% 3204 15 12 **----** Vat yellow 4 (indathrene golden yellow GK) kg. 7.5% 3204 15 19 **----** Other kg. 7.5% --- _Vat orange :_ 3204 15 21 **----** Vat oranges 3 (brill orange RK) kg. 7.5% 3204 15 22 **----** Vat oranges 15 (golden orange 3G) kg. 7.5% 3204 15 29 **----** Other kg. 7.5% --- _Vat red :_ 3204 15 31 **----** Vat red (brill pink) kg. 7.5% 3204 15 39 **----** Other kg. 7.5% --- _Vat violet :_ 3204 15 41 **----** Vat violet 1 (brill violet 2R) kg. 7.5% 3204 15 42 **----** Vat violet 3 (magenta B) kg. 7.5% 3204 15 49 **----** Other kg. 7.5% **---** _Vat blue :_ 3204 15 51 **----** Vat blue 1 (synthetic indigo) kg. 7.5% 3204 15 52 **----** Vat blue 4 kg. 7.5% 3204 15 53 **----** Vat blue 5 (blue 2B) kg. 7.5% 3204 15 54 **----** Vat blue 6 (blue BC) kg. 7.5% 3204 15 55 **----** Vat blue 20 (dark blue 30) kg. 7.5% 3204 15 56 **----** Vat blue 29 (indanthrene brill blue 4G) kg. 7.5% 3204 15 57 **----** Vat blue 43 (carbazole blue) kg. 7.5% 3204 15 58 **----** Reduced vat blues kg. 7.5% 3204 15 59 **----** Other kg. 7.5% **---** _Vat green :_ 3204 15 61 **----** Vat green 1 (indanthrene brill green BFFB) kg. 7.5% 3204 15 62 **----** Vat green 2 (indanthrene brill green GG) kg. 7.5% 3204 15 63 **----** Vat green 4 (indanthrene brill green 3B) kg. 7.5% 3204 15 64 **----** Vat green 9 (black BB) kg. 7.5% 3204 15 69 **----** Other kg. 7.5% ----- **SECTION-VI** **CHAPTER-32** **(1)** **(2)** **(3)** **(4)** **(5)** --- _Vat brown :_ 3204 15 71 **----** Vat brown 1 (brown BR) kg. 7.5% 3204 15 72 **----** Vat brown 3 (brown RGR) kg. 7.5% 3204 15 73 **----** Vat brown 5 (brown RRD,G) kg. 7.5% 3204 15 79 **----** Other kg. 7.5% --- _Vat black :_ 3204 15 81 **----** Vat black 9 (black RB) kg. 7.5% 3204 15 82 **----** Vat black 25 (olive T) kg. 7.5% 3204 15 83 **----** Vat back 27 (olive R) kg. 7.5% 3204 15 84 **----** Vat black 29 (grey BG) kg. 7.5% 3204 15 89 **----** Other kg. 7.5% --- _Other :_ 3204 15 91 **----** Solubilised vat yellows kg. 7.5% 3204 15 92 **----** Solubilised vat oranges kg. 7.5% 3204 15 93 **----** Solubilised vat reds kg. 7.5% 3204 15 94 **----** Solubilised vat violets kg. 7.5% 3204 15 95 **----** Solubilised vat blues kg. 7.5% 3204 15 96 **----** Solubilised vat greens kg. 7.5% 3204 15 97 **----** Solubilised vat blacks kg. 7.5% 3204 15 99 ---- Other kg. 7.5% 3204 16 **--** _Reactive dyes and preparations based thereon :_ 3204 16 10 **---** Yellows kg. 7.5% 3204 16 20 **---** Oranges kg. 7.5% 3204 16 30 **---** Reds kg. 7.5% 3204 16 40 **---** Violets kg. 7.5% 3204 16 50 **---** Blues kg. 7.5% 3204 16 60 **---** Greens kg. 7.5% 3204 16 70 **---** Browns kg. 7.5% 3204 16 80 **---** Blacks kg. 7.5% 3204 16 90 **---** Other kg. 7.5% 3204 17 -- _Pigments and preparations based thereon :_ --- _Pigment yellow :_ 3204 17 11 **----** Yellow 1 (hansa yellow) kg. 7.5% 3204 17 19 **----** Other kg. 7.5% 3204 17 20 **---** Pigment oranges kg. 7.5% --- _Pigment red :_ 3204 17 31 **----** Toluidine red kg. 7.5% 3204 17 39 **----** Other kg. 7.5% 3204 17 40 **---** Pigment violets kg. 7.5% --- _Pigment blues :_ 3204 17 51 **----** Blue 15 (pathalocyanine blue) kg. 7.5% 3204 17 59 **----** Other kg. 7.5% --- _Pigment greens :_ 3204 17 61 **----** Green 7 (pathalovyanine green) kg. 7.5% 3204 17 69 **----** Other kg. 7.5% ----- **SECTION-VI** **CHAPTER-32** **(1)** **(2)** **(3)** **(4)** **(5)** 7.5% 3204 17 70 **---** Pigment browns kg. 3204 17 80 **---** Pigment blacks kg. 7.5% 3204 17 90 **---** Other kg. 7.5% 3204 18 00 **--** Carotenoid colouring matters and preparations based kg. 7.5% thereon 3204 19 -- _Other, including mixtures of colouring matter of_ _two or more of the sub-headings 3204 11 to 3204_ 19 : --- _Azoic coupling components 2,4,5,7,8,13 :_ 3204 19 11 **----** Azoic coupling component 2 (naphthol AS) kg. 7.5% 3204 19 12 **----** Azoic coupling component 4 (naphthol As-BO) kg. 7.5% 3204 19 13 **----** Azoic coupling component 5 (naphthol ASG) kg. 7.5% 3204 19 14 **----** Azoic coupling component 7 (naphthol ASSW) kg. 7.5% 3204 19 15 **----** Azoic coupling component 8 (naphthol ASTR) kg. 7.5% 3204 19 16 **----** -- Azoic coupling component 13 (naphthol ASSG) _Azoic coupling components 14,15,17,18,20 and_ _others :_ kg. 7.5% 3204 19 21 **----** Azoic coupling component 14 (naphthol ASPH) kg. 7.5% 3204 19 22 **----** Azoic coupling component 15 (naphthol ASLB) kg. 7.5% 3204 19 23 **----** Azoic coupling component 17 (naphthol ASBS) kg. 7.5% 3204 19 24 **----** Azoic coupling component 18 (naphthol ASD) kg. 7.5% 3204 19 25 **----** Azoic coupling component 20 (naphthol ASOL) kg. 7.5% 3204 19 29 **----** Other kg. 7.5% --- _Azoic diazo component 1,2,3,4,5,6,10,11 :_ 3204 19 31 **----** Azoic diazo component 1 (fast bordeaux GP base) kg. 7.5% 3204 19 32 **----** Azoic diazo component 2 (fast orange G/GC base) kg. 7.5% 3204 19 33 **----** Azoic diazo component 3 (fast scarlet GGIGGS base) kg. 7.5% 3204 19 34 **----** Azoic diazo component 4 (fast garment GBC base) kg. 7.5% 3204 19 35 **----** Azoic diazo component 5 (fast red B base) kg. 7.5% 3204 19 36 **----** Azoic diazo component 6 (fast orange GR base) kg. 7.5% 3204 19 37 **----** Azoic diazo component 10 (fast red R base) kg. 7.5% 3204 19 38 **----** -- Azoic diazo component 11 (fast red TR base) _Azoic diazo component 12,13,20,24,32,41,48 and_ _others :_ kg. 7.5% 3204 19 41 **----** Azoic diazo component 12 (fast scarlet G base) kg. 7.5% 3204 19 42 **----** Azoic diazo component 13 (fast scarlet R base) kg. 7.5% 3204 19 43 **----** Azoic diazo component 20 (fast blue BB base) kg. 7.5% 3204 19 44 **----** Azoic diazo component 24 (fast blue RR base) kg. 7.5% 3204 19 45 **----** Azoic diazo component 32 (fast red KB base) kg. 7.5% 3204 19 46 **----** Azoic diazo component 41 (fast violet B base) kg. 7.5% 3204 19 47 **----** Azoic diazo component 48 (fast blue B base) kg. 7.5% 3204 19 49 3204 19 51 **----** -- **----** kg. kg. 7.5% 7.5% Other _Azoic colours :_ Yellows ----- **SECTION-VI** **CHAPTER-32** **(1)** **(2)** **(3)** **(4)** **(5)** 7.5% 3204 19 52 **----** Oranges kg. 3204 19 53 **----** Reds kg. 7.5% 3204 19 54 **----** Violets kg. 7.5% 3204 19 55 **----** Blues kg. 7.5% 3204 19 56 **----** Greens kg. 7.5% 3204 19 57 **----** Browns kg. 7.5% 3204 19 58 **----** Blacks kg. 7.5% 3204 19 59 **----** Other kg. 7.5% --- _Sulphur based colouring matters :_ 3204 19 61 **----** Yellows kg. 7.5% 3204 19 62 **----** Oranges kg. 7.5% 3204 19 63 **----** Reds kg. 7.5% 3204 19 64 **----** Blues kg. 7.5% 3204 19 65 **----** Greens kg. 7.5% 3204 19 66 **----** Browns kg. 7.5% 3204 19 67 **----** Blacks kg. 7.5% 3204 19 69 **----** Other kg. 7.5% --- _Solvent based colouring matters :_ 3204 19 71 **----** Yellows kg. 7.5% 3204 19 72 **----** Oranges kg. 7.5% 3204 19 73 **----** Reds kg. 7.5% 3204 19 74 **----** Violets kg. 7.5% 3204 19 75 **----** Blues kg. 7.5% 3204 19 76 **----** Greens kg. 7.5% 3204 19 77 **----** Browns kg. 7.5% 3204 19 78 **----** Blacks kg. 7.5% 3204 19 79 **----** Other kg. 7.5% --- _Food colouring matters :_ 3204 19 81 **----** Yellow 3 (sunset yellow) kg. 7.5% 3204 19 82 **----** Yellow 4 (tartrazine) kg. 7.5% 3204 19 83 **----** Reds 5 to 8 (poncean) kg. 7.5% 3204 19 84 **----** Red 9 (amaranth) kg. 7.5% 3204 19 85 **----** Oranges kg. 7.5% 3204 19 86 **----** Violets kg. 7.5% 3204 19 87 **----** Greens kg. 7.5% 3204 19 88 **----** Browns kg. 7.5% 3204 19 89 **----** Other kg. 7.5% 3204 19 90 **---** Other kg. 7.5% 3204 20 - _Synthetic organic products of a kind used as_ _fluorescent brightening agents :_ 3204 20 10 **---** Optical whitening agents kg. 7.5% 3204 20 90 **---** Other kg. 7.5% 3204 90 00 **-** Other kg. 7.5% **3205 00 00** **COLOUR** **LAKES;** **PREPARATIONS** **AS** **SPECIFIED** **IN** kg. 7.5% **NOTE** **3** **TO** **THIS** **CHAPTER** **BASED** **ON** **COLOUR** **LAKES** ----- **SECTION-VI** **CHAPTER-32** **(1)** **(2)** **(3)** **(4)** **(5)** **3206** **OTHER COLOURING MATTER; PREPARATIONS AS** **SPECIFIED IN NOTE 3 TO THIS CHAPTER, OTHER** **THAN THOSE OF HEADINGS 3203,** **3204 OR 3205;** **INORGANIC PRODUCTS OF A KIND USED AS** **LUMINOPHORES, WHETHER OR NOT CHEMICALLY** **DEFINED** **-** _Pigments and preparations based on titanium dioxide :_ 3206 11 -- _Containing 80% or more by weight of titanium dioxide_ _calculated on the dry matter :_ 3206 11 10 **---** Pearlsent pigment (titanium dioxide, coated kg. 10% micananeous and lustres pearl pigment) 3206 11 90 **---** Other kg. 10% 3206 19 00 **--** Other kg. 10% 3206 20 00 **-** Pigments and preparations based on chromium kg. compounds _Other colouring matter and other preparations :_ 7.5% 3206 41 00 **--** Utramarine and preparations based thereon kg. 7.5% 3206 42 00 **--** Lithopone and other pigments and kg. preparations based on zinc sulphide 3206 49 -- _Other :_ 7.5% 3206 49 10 **---** Red oxide kg. 7.5% 3206 49 20 **---** Persian red kg. 7.5% 3206 49 30 **---** Yellow ochre kg. 7.5% 3206 49 40 **---** Bronze powder kg. 7.5% 3206 49 90 **---** Other kg. 7.5% 3206 50 00 **-** Inorganic products of a kind used as luminophores kg. 7.5% **3207** **PREPARED PIGMENTS, PREPARED OPACIFIERS AND** **PREPARED COLOURS, VITRIFIABLE ENAMELS AND** **GLAZES, ENGOBES (SLIPS), LIQUID LUSTRES AND** **SIMILAR PREPARATIONS, OF A KIND USED IN THE** **CERAMIC, ENAMELLING OR GLASS INDUSTRY; GLASS** **FRIT** **AND** **OTHER** **GLASS,** **IN** **THE** **FORM** **OF** **POWDER,** **GRANULES OR FLAKES** 3207 10 - _Prepared pigments, prepared opacifiers, prepared_ _colours and similar preparations :_ 3207 10 10 **---** Prepared organic dye-stuff pigments, dry kg. 7.5% 3207 10 20 **---** Prepared organic dye-stuff pigments, paste kg. 7.5% 3207 10 30 **---** Prepared inorganic pigments kg. 7.5% 3207 10 40 **---** Prepared opacifiers prepared colours and similar preparations kg. 7.5% ----- **SECTION-VI** **CHAPTER-32** **(1)** **(2)** **(3)** **(4)** **(5)** 3207 10 90 **---** Other kg. 7.5% 3207 20 **-** _Vitrifiable enamels and glazes, engobes_ _(slips) and similar preparations :_ 3207 20 10 **---** Vitrifiable enamels and glazes kg. 7.5% 3207 20 20 **---** Engobes (slips) and similar preparations kg. 7.5% 3207 30 00 **-** Liquid lustres and similar preparations kg. 7.5% 3207 40 00 **-** Glass frit and other glass, in the form of powder, granules or flakes **3208** **PAINTS AND VARNISHES (INCLUDING ENAMELS AND** **LACQUERS) BASED ON SYNTHETIC POLYMERS OR** **CHEMICALLY** **MODIFIED** **NATURAL** **POLYMERS,** **DISPERSED OR DISSOLVED IN A NON-AQUEOUS** **MEDIUM;** **SOLUTIONS** **AS** **DEFINED** **IN NOTE 4 TO THIS CHAPTER** 3208 10 - _Based on polyesters :_ kg. 7.5% 3208 10 10 **---** Enamels kg. 10% 3208 10 20 **---** Lacquers kg. 10% 3208 10 30 **---** Varnishes kg. 10% 3208 10 90 **---** Other kg. 10% 3208 20 - _Based on acrylic or vinyl polymers :_ 3208 20 10 **---** Enamels kg. 10% 3208 20 20 **---** Lacquers kg. 10% 3208 20 30 **---** Varnishes kg. 10% 3208 20 90 **---** Other kg. 10% 3208 90 - _Other :_ --- _Based on cellulose nitrate or other cellulose_ _derivatives :_ 3208 90 11 **----** Nitrocellulose lacquers kg. 10% 3208 90 19 **----** Other kg. 10% --- _Enamels :_ 3208 90 21 **----** Synthetic enamel, ultra white paints kg. 10% 3208 90 22 **----** Synthetic enamel, other colours kg. 10% 3208 90 29 **----** Other kg. 10% 3208 90 30 **---** Lacquers kg. 10% --- _Varnishes :_ 3208 90 41 **----** Insulating varnish kg. 10% 3208 90 49 **----** Other kg. 10% 3208 90 50 **---** Slip agents kg. 10% 3208 90 90 **---** Other kg. 10% **3209** **PAINTS AND VARNISHES (INCLUDING ENAMELS AND** **LACQUERS) BASED ON SYNTHETIC POLYMERS OR** **CHEMICALLY MODIFIED NATURAL POLYMERS, DISPERSED** **OR DISSOLVED IN AN AQUEOUS MEDIUM** ----- **SECTION-VI** **CHAPTER-32** **(1)** **(2)** **(3)** **(4)** **(5)** 3209 10 _- Based on acrylic or vinyl polymers :_ 3209 10 10 **---** Acrylic emulsion kg. 10% 3209 10 90 **---** Other kg. 10% 3209 90 - _Other :_ 3209 90 10 **---** Dispersion paints kg. 10% 3209 90 20 **---** Emulsion paints not elsewhere specified or kg. 10% kg. 3209 90 90 **---** 10% included Other **3210** **OTHER** **PAINTS** **AND** **VARNISHES** **(INCLUDING** **ENAMELS,** **LACQUERS** **AND** **DISTEMPERS);** **PREPARED** **WATER** **PIGMENTS OF A KIND USED FOR FINISHING LEATHER** 3210 00 -- _Other paints and varnishes (including enamels,_ _lacquers and distempers); prepared water pigments_ _of a kind used for finishing leather :_ _Distempers :_ 3210 00 11 **----** Dry distemper, including cement based water kg. 10% paints 3210 00 12 **----** Oil bound distemper kg. 10% 3210 00 19 **----** Other kg. 10% 3210 00 20 **---** Prepared water pigments of a kind used for kg. 10% finishing leather 3210 00 30 **---** Metallic powder or flakes prepared as paints kg. 10% 3210 00 40 **---** Poly tetra fluoro ethylene (PTFE) or silicon kg. 10% 3210 00 30 kg. 3210 00 90 **---** 10% resin based coating materials Other **3211 00 00** **PREPARED** **DRIERS** kg. 10% **3212** **PIGMENTS (INCLUDING METALLIC POWDERS AND FLAKES)** **DISPERSED IN NON-AQUEOUS MEDIA, IN LIQUID OR PASTE** **FORM, OF A KIND USED IN THE MANUFACTURE OF PAINTS** **(INCLUDING ENAMELS); STAMPING FOILS; DYES AND** **OTHER** **COLOURING** **MATTER** **PUT** **UP** **IN** **FORMS** **OR** **PACKINGS FOR RETAIL SALE** 3212 10 00 **-** Stamping foils kg. 10% 3212 90 - _Other :_ 3212 3212 90 90 10 20 **---** **---** kg. kg. 10% 10% Pigments in linseed oil, white spirit, spirit of turpentine, varnish and other paints or enamel media not elsewhere specified or included Dyes and other colouring matter put up in forms or packings for retail sale ----- **SECTION-VI** **CHAPTER-32** **(1)** **(2)** **(3)** **(4)** **(5)** 3212 90 30 **---** Aluminium paste kg. 10% 3212 90 90 **---** Other kg. 10% **3213** **ARTISTS’,** **STUDENTS’** **OR** **SIGNBOARD** **PAINTERS’** **COLOURS,** **MODIFIYING TINTS, AMUSEMENT COLOURS AND THE LIKE,** **IN TABLETS, TUBES, JARS, BOTTLES, PANS OR IN SIMILAR** **FORMS OR PACKINGS** 3213 10 00 **-** Colours in sets kg. 10% 3213 90 00 **-** Other kg. 10% **3214** **GLAZIERS’ PUTTY, GRAFTING** **PUTTY,** **RESIN** **CEMENTS,** **CAULKING** **COMPOUNDS** **AND** **OTHER** **MASTICS;** **PAINTERS’** **FILLINGS;** **NON-REFRACTORY SURFACING** **PREPARTIONS FOR FACADES, INDOOR WALLS, FLOORS,** **CEILINGS OR THE LIKE** 3214 10 00 **-** Glaziers‗ putty, grafting putty, resin cements, kg. 10% caulking compounds and other mastics; painters‗ fillings 3214 90 **_-_** _Other :_ 3214 90 10 **---** Non-refractory surfacing preparations kg. 10% 3214 90 20 **---** Resin cement kg. 10% 3214 90 90 --- Other kg. 10% **3215** **PRINTING** **INK,** **WRITING** **OR** **DRAWING** **INK** **AND** **OTHER** **INKS, WHETHER OR NOT CONCENTRATED OR SOLID** - _Printing ink :_ 3215 11 -- _Black :_ 3215 11 10 **---** Lithographic ink and jelly kg. 10% 3215 11 20 **---** Newspaper ink kg. 10% 3215 11 30 **---** Rotary ink kg. 10% 3215 11 40 **---** Screen printing ink kg. 10% 3215 11 90 **---** Other kg. 10% 3215 19 -- _Other :_ 3215 19 10 **---** Lithographic ink and jelly kg. 10% 3215 19 20 **---** Newspaper ink kg. 10% 3215 19 30 **---** Rotary ink kg. 10% 3215 19 40 **---** Screen printing ink kg. 10% 3215 19 90 **---** Other kg. 10% 3215 90 - _Other :_ 3215 90 10 **---** Fountain pen ink kg. 10% 3215 90 20 **---** Ball pen ink kg. 10% 3215 90 30 **---** Indelible ink kg. 10% 3215 90 40 **---** Drawing ink kg. 10% 3215 90 90 **---** Other kg. 10% ----- **SECTION-VI** **CHAPTER-33** **CHAPTER** **33** **_Essential oils and resinoids, perfumery, cosmetic or toilet preparations_** **NOTES** **:** 1. This Chapter does not cover: (a) natural oleoresins or vegetable extracts of heading 1301 or 1302; (b) soap or other products of heading 3401; or (c) gum, wood or sulphate turpentine or other products of heading 3805. 2. The expression ―odoriferous substances‖ in heading 3302 refers only to the substances of heading 3301, to odoriferous constituents isolated from those substances or to synthetic aromatics. 3. Headings 3303 to 3307 apply, inter alia, to products, whether or not mixed (other than aqueous distillates and aqueous solutions of essential oils), suitable for use as goods of these headings and put up in packings of a kind sold by retail for such use. 4. The expression ―perfumery, cosmetic or toilet preparations‖ in heading 3307 applies, inter alia, to the following products: scented sachets; odoriferous preparations which operate by burning; perfumed papers and papers impregnated or coated with cosmetics; contact lens or artificial eye solution; wadding, felt and nonwovens, impregnated, coated or covered with perfume or cosmetics; animal toilet preparations. **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **3301** **ESSENTIAL** **OILS** **(TERPENELESS** **OR** **NOT),** **INCLUDING** **CONCRETES** **AND** **ABSOLUTES;** **RESINOIDS;** **EXTRACTED OLEORESINS;** **CONCENTRATES OF ESSENTIAL** **OILS IN FATS,** **IN** **FIXED OILS,** **IN WAXES OR THE LIKE,** **OBTAINED** **BY** **ENFLEURAGE OR** **MACERATION;** **TERPENIC BY-** **PRODUCTS OF** **THE** **DETERPENATION** **OF** **ESSENTIAL OILS;** **AQUEOUS DISTILLATES AND** **AQUEOUS SOLUTIONS OF ESSENTIAL OILS** - _Essential oils of citrus fruit :_ 3301 12 00 -- Of orange kg. 20% 3301 13 00 -- Of lemon kg. 20% 3301 19 -- Other : 3301 19 10 --- Citronella oil kg. 20% 3301 19 90 -- Other _Essential oils other than those of citrus fruit:_ kg. 20% 3301 24 00 -- Of peppermint (Mentha piperita) kg. 20% ----- **SECTION-VI** **CHAPTER-33** **(1)** **(2)** **(3)** **(4)** **(5)** 3301 25 -- Of other mints : 3301 25 10 --- Spearmint oil (ex-mentha spicata) kg. 20% 3301 25 20 --- Water mint-oil (ex-mentha aquatic) kg. 20% 3301 25 30 --- Horsemint oil (ex-mentha sylvestries) kg. 20% 3301 25 40 --- Bergament oil _(ex-mentha citrate)_ kg. 20% 3301 25 90 --- Other kg. 20% 3301 29 -- Other: --- _Anise oil; cajeput oil; cananga oil;_ _caraway oil; cassia oil; cedarwood_ _oil; cinnamon bark oil; cinnamon leaf oil:_ 3301 29 11 ---- Anise oil (aniseed oil) kg. 20% 3301 29 12 ---- Cajeput oil kg. 20% 3301 29 13 ---- Cananga oil kg. 20% 3301 29 14 ---- Caraway oil kg. 20% 3301 29 15 ---- Cassia oil kg. 20% 3301 29 16 ---- Cedarwood oil kg. 20% 3301 29 17 ---- Cinnamon bark oil kg. 20% 3301 29 18 ---- Cinnamon leaf oil kg. 20% --- _Clove leaf or stem, oil; coriander seed oil;_ _dill oil; eucalyptus oil; fennel seed oil; ginger_ _oil; ginger grass oil; clove bud oil:_ 3301 29 21 ---- Clove leaf or stem, oil kg. 20% 3301 29 22 ---- Coriander seed oil kg. 20% 3301 29 23 ---- Dill oil (anethum oil) kg. 20% 3301 29 24 ---- Eucalyptus oil kg. 20% 3301 29 25 ---- Fennel seed oil kg. 20% 3301 29 26 ---- Ginger oil kg. 20% 3301 29 27 ---- Ginger grass oil kg. 20% 3301 29 28 ---- Clove bud oil kg. 20% --- _Tuberose concentrate;_ _nutmeg_ _oil;_ _palmarosa oil; patchouli oil; pepper oil;_ _petitgrain oil; sandalwood oil; rose oil :_ 3301 29 31 ---- Tuberose concentrate kg. 20% 3301 29 32 ---- Nutmeg oil kg. 20% 3301 29 33 ---- Palmarosa oil kg. 20% 3301 29 34 ---- Patchouli oil kg. 20% 3301 29 35 ---- Pepper oil kg. 20% 3301 29 36 ---- Petitgrain oil kg. 20% 3301 29 37 ---- Sandalwood oil kg. 20% 3301 29 38 ---- Rose oil kg. 20% --- _Camphor oil; lemon grass oil; ylang ylang_ _oil; davana oil; cumin_ _oil; celery seed oil,_ _garlic oil, paprika oil, turmeric oil :_ 3301 29 41 ---- Camphor oil kg. 20% 3301 29 42 ---- Lemon grass oil kg. 20% ----- **SECTION-VI** **CHAPTER-33** **(1)** **(2)** **(3)** **(4)** **(5)** 20% 3301 29 43 ---- Ylang ylang oil kg. 3301 29 44 ---- Davana oil kg. 20% 3301 29 45 ---- Cumin oil kg. 20% 3301 29 46 ---- Celery seed oil kg. 20% 3301 29 47 ---- Garlic oil kg. 20% 3301 29 48 ---- Paprika oil kg. 20% 3301 29 49 ---- Turmeric oil kg. 20% 3301 29 50 --- Spices‗ oils not elsewhere specified or kg. 20% included 3301 29 90 --- Other kg. 20% 3301 30 - _Resinoids_ _:_ 3301 30 10 --- Agar oil kg. 20% --- Other: 3301 30 91 ---- Flavouring essences, all types, including kg. 20% those for liquors 3301 30 99 ---- Other kg. 20% 3301 90 - _Other :_ --- _Fenugreek,ginger,pepper, turmeric,_ _cardamom, celery seed and nutmeg_ _oleoresins:_ 3301 90 11 ---- Fenugreek oleoresins kg. 20% 3301 90 12 ---- Ginger oleoresins kg. 20% 3301 90 13 ---- Pepper oleoresins kg. 20% 3301 90 14 ---- Turmeric oleoresins kg. 20% 3301 90 15 ---- Cardamom oleoresins kg. 20% 3301 90 16 ---- Celery seed oleoresins kg. 20% 3301 90 17 ---- Nutmeg oleoresins kg. 20% --- _Clove, capsicum,_ _coriander, cumin and_ _fennel oleoreins and oleoresins of spices not_ _elsewhere specified or included:_ 3301 90 21 ---- Clove oleoresins kg. 20% 3301 90 22 ---- Capsicum oleoresins kg. 20% 3301 90 23 ---- Coriander oleoresins kg. 20% 3301 90 24 ---- Cumin oleoresins kg. 20% 3301 90 25 ---- Fennel oleoresins kg. 20% 3301 90 29 ---- Oleoresins of spices not elsewhere specified kg. 20% or included --- _Attars of all kinds in fixed oil base;_ _mustard oil aroma essence of ambrettolide_ _(ambrette seed oil essence):_ 3301 90 31 ---- Attars of all kinds in fixed oil base kg. 20% 3301 90 32 ---- Mustard oil aroma kg. 20% 3301 90 33 ---- Essence of ambrettolide (ambrette seed oil kg. 20% essence) ----- **SECTION-VI** **CHAPTER-33** **(1)** **(2)** **(3)** **(4)** **(5)** --- _Concentrates of_ _essential_ _oils_ _in_ _fats,_ _in_ _fixed oils or in waxes or the like, obtained_ _by cold absorption or by maceration not_ _elsewhere specified_ _or included_ _:_ 3301 90 41 ---- Flavouring essences, all types, including kg. 20% those for liquors 3301 90 49 ---- Other kg. 20% --- _Terpenic by-products of the deterpenation_ _of essential_ _oils :_ 3301 90 51 ---- Flavouring essences, all types, including kg. 20% those for liquors 3301 90 59 ---- Other kg. 20% 3301 90 60 --- Aqueous distillates of essential oils, not kg. 20% elsewhere specified or included --- _Aqueous solutions_ _of essential_ _oils:_ 3301 90 71 ---- Flavouring essences, all types, including kg. 20% those for liquors 3301 90 79 ---- Other kg. 20% 3301 90 90 --- Other kg. 20% **3302** **MIXTURES** **OF** **ODORIFEROUS** **SUBSTANCES** **AND** **MIXTURES** **(INCLUDING** **ALCOHOLIC** **SOLUTIONS)** **WITH** **A** **BASIS** **OF** **ONE** **OR** **MORE** **OF** **THESE** **SUBSTANCES,** **OF** **A KIND USED AS RAW MATERIALS IN INDUSTRY;** **OTHER PREPARATIONS BASED ON ODORIFEROUS** **SUBSTANCES,** **OF A KIND USED FOR THE MANUFACTURE** **OF BEVERAGES** 3302 10 - _Of a kind used in the food or drink industries:_ 3302 10 10 --- Synthetic flavouring essences kg. 100% 3302 10 90 --- Other kg. 100% 3302 90 - _Other:_ --- _Mixtures of aromatic chemicals and essential_ _oils as perfume base:_ 3302 90 11 ---- Synthetic perfumery compounds kg. 10% 3302 90 12 ---- Synthetic essential oil kg. 10% 3302 90 19 ---- Other kg. 10% 3302 90 20 --- Aleuritic acid kg. 10% 3302 90 90 --- Other kg. 10% **3303** PERFUMES AND TOILET WATERS 3303 00 - _Perfumes and toilet waters:_ 3303 00 10 --- Eau-de-cologne kg. 20% 3303 00 20 --- Rose water kg. 20% 3303 00 30 --- Keora water kg. 20% ----- **SECTION-VI** **CHAPTER-33** **(1)** **(2)** **(3)** **(4)** **(5)** 3303 00 40 --- Perfumes and perfumery compounds not kg. 20% containing spirit (excluding aqueous distillates) 3303 00 50 --- Perfumes containing spirit kg. 20% 3303 00 60 --- Spirituous toilet preparations not elsewhere kg. 20% kg. 3303 00 90 -- specified or included Other 20% **3304** **BEAUTY** **OR** **MAKE-UP** **PREPARATIONS** **AND** **PREPARATIONS** **FOR** **THE** **CARE** **OF** **THE** **SKIN** **(OTHER THAN MEDICAMENTS),** **INCLUDING SUNSCREEN** **OR SUNTAN PREPARATIONS; MANICURE OR PEDICURE** **PREPARATIONS** 3304 10 00 - Lip make-up preparations kg. 20% 3304 20 00 - Eye make-up preparations kg. 20% 3304 3304 30 91 00 - Manicure or pedicure preparations _Other:_ _Powders, whether or not compressed:_ kg. 20% 3304 91 10 --- Face powders kg. 20% 3304 91 20 --- Talcum powders kg. 20% 3304 91 90 --- Other kg. 20% 3304 99 -- Other: 3304 99 10 --- Face creams kg. 20% 3304 99 20 --- Nail polish or lacquers kg. 20% 3304 99 30 --- Moisturising lotion kg. 20% 3304 99 40 --- Sindur, bindi, kumkum kg. 20% 3304 99 50 --- Turmeric preparations kg. 20% 3304 99 90 --- Other kg. 20% **3305** PREPARATIONS FOR USE ON THE HAIR 3305 10 - _Shampoos:_ 3305 10 10 --- Containing spirit kg. 20% 3305 10 90 --- Other kg. 20% 3305 20 00 - Preparations for permanent waving or kg. 20% straightening 3305 30 00 - Hair lacquers kg. 20% 3305 90 - _Other :_ --- _Hair oil :_ 3305 90 11 ---- Perfumed kg. 20% 3305 90 19 ---- Other kg. 20% 3305 90 20 --- Brilliantines (spirituous) kg. 20% 3305 90 30 --- Hair cream kg. 20% 3305 90 40 --- Hair dyes (natural, herbal or synthetic) kg. 20% 3305 90 50 --- Hair fixers kg. 20% ----- **SECTION-VI** **CHAPTER-33** **(1)** **(2)** **(3)** **(4)** **(5)** 3305 90 90 --- Other kg. 20% **3306** **PREPARATIONS** **FOR** **ORAL** **OR** **DENTAL** **HYGIENE,** **INCLUDING** **DENTURE** **FIXATIVE** **PASTES** **AND** **POWDERS;** **YARN USED** **TO CLEAN BETWEEN** **THE** **TEETH** **(DENTAL** **FLOSS),** **IN** **INDIVIDUAL** **RETAIL PACKAGES** 3306 10 - _Dentifrices :_ 3306 10 10 --- In powder kg. 20% 3306 10 20 --- In paste kg. 20% 3306 10 90 --- Other kg. 20% 3306 20 00 3306 90 00 - Yarn used to clean between the teeth kg. (dental floss) - Other kg. 20% 20% **3307** **PRE-SHAVE,** **SHAVING** **OR** **AFTER-SHAVE** **PREPARATIONS,** **PERSONAL DEODORANTS, BATH** **PREPARATIONS,** **DEPILATORIES** **AND OTHER** **PERFUMERY,** **COSMETIC** **OR** **TOILET** **PREPARATIONS, NOT ELSEWHERE SPECIFIED OR** **INCLUDED; PREPARED ROOM DEODORISERS,** **WHETHER** **OR NOT PERFUMED** **OR HAVING** **DISINFECTANT PROPERTIES** 3307 10 - _Pre-shave,_ _shaving or_ _after-shave preparations:_ 3307 10 10 --- Shaving cream kg. 20% 3307 10 90 --- Other kg. 20% 3307 20 00 - Personal deodorants and anti-perspirants kg. 20% 3307 30 3307 30 10 -- _Perfumed_ _bath_ _preparations:_ Bath oil (thailam) Other _Preparations for_ kg. 20% kg. 20% _salts_ _and other_ _bath_ _perfumi ng or_ 3307 30 90 -- 3307 41 00 3307 49 00 3307 41 00 -- ―Agarbatti‖ and other odoriferous kg. 20% preparations which operate by burning 3307 49 00 -- Other kg. 20% 3307 90 - _Other:_ 3307 90 10 --- Depilatories kg. 20% 3307 90 20 --- Sterile contact lens care solution kg. 20% 3307 90 90 --- Other kg. 20% - - _deodorizing rooms, including odoriferous_ _preparations used during religious rites:_ ―Agarbatti‖ and other odoriferous ----- **SECTION-VI** **CHAPTER-34** **CHAPTER** **34** **_Soap, organic surface-active agents, washing preparations, lubricating preparations, artificial waxes,_** **_prepared waxes, polishing or scouring preparations, candles and similar articles, modelling pastes,_** **_“dental waxes” and dental preparations with a basis of plaster_** **NOTES** **:** 1. This Chapter does not cover : (a) edible mixtures or preparations of animal, vegetable or microbial fats or oils of a kind used as mould release preparations (heading 1517); (b) separate chemically defined compounds; or (c) shampoos, dentrifices, shaving creams and foams, or bath preparations, containing soap or other organic surface-active agents (heading 3305, 3306 or 3307). 2. For the purposes of heading 3401, the expression ―soap‖ applies only to soap soluble in water. Soap and the other products of heading 3401 may contain added substances (for example, disinfectants, abrasive powders, fillers or medicaments). Products containing abrasive powders remain classified in heading 3401 only if in the form of bars, cakes or moulded pieces or shapes. In other forms they are to be classified in heading 3405 as ―scouring powders and similar preparations‖. 3. For the purposes of heading 3402, ―organic surface-active agents‖ are products which when mixed with water at a concentration of 0.5% at 20[o]C and left to stand for one hour at the same temperature: (a) give a transparent or translucent liquid or stable emulsion without separation of insoluble matter; and (b) reduce the surface tension of water 4.5 X 10[-2 ]N/m (45 dyne/Cm) or less. 4. In heading 3403, the expression ―petroleum oils and oils obtained from bituminous minerals‖ applies to the products defined in Note 2 to Chapter 27. 5. In heading 3404, subject to the exclusions provided below, the expression ―artificial waxes and prepared waxes‖ applies only to: (a) chemically produced organic products of a waxy character, whether or not water-soluble; (b) products obtained by mixing different waxes; (c) products of a waxy character with a basis of one or more waxes and containing fats, resins, mineral substances or other materials, the heading does not apply to: (i) products of headings 1516, 3402 or 3823, even if having a waxy character; (ii) unmixed animal waxes or unmixed vegetable waxes, whether or not refined or coloured, of heading 1521; (iii) mineral waxes and similar products of heading 2712 whether or not intermixed or merely coloured; or (iv) waxes mixed with, dispersed in or dissolved in a liquid medium (headings 3405, 3809, etc.). ----- **SECTION-VI** **CHAPTER-34** **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard** **Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **SOAP; ORGANIC SURFACE-ACTIVE PRODUCTS AND** **3401** **PREPARATIONS FOR USE AS SOAP, IN THE FORM OF** **BARS, CAKES, MOULDED PIECES OR SHAPES,** **WHETHER OR NOT CONTAINING SOAP; ORGANIC** **SURFACE-ACTIVE PRODUCTS** **AND PREPARATIONS** **FOR WASHING THE SKIN, IN THE FORM OF LIQUID** **OR CREAM AND PUT UP FOR RETAIL** **SALE,** **WHETHER** **OR** **NOT CONTAINING SOAP; PAPER,** **WADDING,** **FELT** **AND** **NONWOVENS,** **IMPREGNATED,** **COATED** **OR COVERED** **WITH** **SOAP OR DETERGENT** - _Soap and organic surface-active products_ _and preparations, in the form of bars, cakes,_ _moulded pieces or shapes, and paper, wad-_ _ding, felt and nonwovens, impregnated, coated_ _or covered with soap or detergent :_ 3401 11 -- _For toilet_ _use (including medicated products):_ 3401 11 10 --- Medicated toilet soaps kg. 10% 3401 11 20 --- Shaving soaps other than shaving cream kg. 10% 3401 11 90 --- Other kg. 10% 3401 19 -- _Other:_ --- _Bars_ _and_ _blocks of not less than 500 gm in_ _weight:_ 3401 19 11 ---- Industrial soap kg. 10% 3401 19 19 ---- Other kg. 10% 3401 19 20 --- Flakes, chips and powder kg. 10% 3401 19 30 --- Tablets and cakes kg. 10% --- _Household and laundry_ _soaps not elsewhere_ _specified or included :_ 3401 19 41 **----** Household soaps kg. 10% 3401 19 42 **----** Laundry soaps kg. 10% 3401 19 90 --- Other kg. 10% 3401 20 00 - Soap in other forms kg. 10% 3401 30 - _Organic surface-active products and_ _preparations for washing the skin, in the_ _form of liquid or cream and put up for retail sal e,_ _whether or not containing soap :_ --- _For toilet use (including medicated products):_ 3401 30 11 **----** Medicated toilet soaps kg. 10% 3401 30 12 **----** Shaving cream and shaving gel kg. 10% ----- **SECTION-VI** **CHAPTER-34** **(1)** **(2)** **(3)** **(4)** **(5)** 3401 30 19 **----** Other kg. 10% 3401 30 90 --- Other kg. 10% **3402** **ORGANIC SURFACE-ACTIVE AGENTS** **(OTHER THAN** **SOAP); SURFACE-ACTIVE PREPARATIONS, WASHING** **PREPARATIONS** **(INCLUDING AUXILIARY WASHING** **PREPARATIONS)** **AND** **CLEANING** **PREPARATIONS,** **WHETHER** **OR** **NOT** **CONTAINING** **SOAP,** **OTHER** **THAN** **THOSE OF HEADING** **3401** - _Anionic organic surface-active agents, whether or_ _not put up for retail sale:_ 3402 31 00 -- Linear alkylbenzene sulphonic acids and their salts kg. 10% 10% 3402 39 00 -- Other kg. 10% 10% - _Other organic surface-active agents, whether or not_ _put up for retail sale:_ 3402 41 00 -- Cationic kg. 10% 10% 3402 42 00 -- Non-ionic kg. 10% 10% 3402 49 00 -- Other kg. 10% 10% 3402 50 00 - Preparations put up for retail sale kg. 10% 3402 90 _- Other:_ --- _Synthetic_ _detergents:_ 3402 90 11 **----** Washing preparations (including auxiliary kg. 10% washing preparations) and cleaning preparations, having a basis of soap or other organic surface active agents 3402 90 12 **----** Cleaning or degreasing preparations not kg. 10% having a basis of soap or other organic surface active agents 3402 90 19 **----** Other kg. 10% 3402 90 20 --- Sulphonated or sulphated or oxidized or kg. 10% chlorinated castor oil; sulphonated or sulphated or oxidized or chlorinated fish oil; sulphonated or sulphated or oxidized or chlorinated sperm oil; sulphonated or sulphated or oxidized or chlorinated neats foot oil 3402 90 30 --- Penetrators kg. 10% --- _Wetting_ _agents:_ ----- **SECTION-VI** **CHAPTER-34** **(1)** **(2)** **(3)** **(4)** **(5)** 3402 90 41 **----** Washing preparations (including auxiliary kg. 10% washing preparations) and cleaning preparations, having a basis of soap or other organic surface active agents 3402 90 42 **----** Cleaning or degreasing preparations not kg. 10% having a basis of soap or other organic surface active agents 3402 90 49 **----** Other kg. 10% --- _Washing preparations whether or not containing_ _soap :_ 3402 90 51 **----** Washing preparations (including auxiliary kg. 10% washing preparations) and cleaning preparations, having a basis of soap or other organic surface active agents 3402 90 52 **----** Cleaning or degreasing preparations not having a basis of soap or other organic surface active agents kg. 10% 3402 90 59 3402 90 91 3402 90 92 3402 90 99 **----** -- **----** **----** **----** kg. kg. kg. kg. 10% 10% 10% 10% 7.5% 7.5% Other _Other :_ Washing preparations (including auxiliary washing preparations) and cleaning preparations, having a basis of soap or other organic surface active agents Cleaning or degreasing preparations not hav ing a basis of soap or other organic surface active agents Other **3403** **LUBRICATING PREPARATIONS** **(INCLUDING** **CUTTING-** **OIL PREPARATIONS, BOLT OR NUT RELEASE** **PREPARATIONS, ANTI-RUST OR ANTI-CORROSION** **PREPARATIONS AND MOULD RELEASE** **PREPARATIONS,** **BASED ON LUBRICANTS) AND PREPARATIONS OF A** **KIND USED FOR THE** **OIL** **OR GREASE TREATMENT** **OF TEXTILE MATERIALS, LEATHER, FURSKINS** **OR** **OTHER** **MATERIALS, BUT** **EXCLUDING PREPARATIONS** **CONTAINING, AS** **BASIC** **CONSTITUENTS,** **70** **% OR** **MORE** **BY** **WEIGHT** **OF** **PETROLEUM** **OILS** **OR** **OF** **OILS** **OBTAINED** **FROM BITUMINOUS MINERALS** - Containing petroleum oils or oils obtained _frombituminous minerals:_ 3403 11 00 -- Preparations for the treatment of textile kg. materials, leather, furskins or other materials 3403 19 00 -- Other kg. - _Other:_ ----- **SECTION-VI** **CHAPTER-34** **(1)** **(2)** **(3)** **(4)** **(5)** 3403 91 00 -- Preparations for the treatment of textile kg. 7.5% kg. 3403 99 00 - materials, leather, furskins or other materials Other 7.5% **3404** **ARTIFICIAL** **WAXES** **AND** **PREPARED** **WAXES** 3404 20 00 - Of poly (oxyethylene) (polyethylene glycol) kg. 10% 3404 90 - _Other:_ 3404 90 10 --- Sealing wax (including bottle sealing wax) kg. 10% in sticks, cakes or similar forms 3404 90 20 --- Polyethylene wax kg. 10% --- _Artificial waxes (including water soluble_ _waxes) prepared waxes, not emulsified or_ _containing solvents :_ 3404 90 31 **----** Poly brominated biphenyls kg. 10% 3404 90 32 **----** Poly chlorinated biphenyls kg. 10% 3404 90 33 **----** Poly chlorinated terphenyls kg. 10% 3404 90 39 **----** Other kg. 10% 3404 90 90 --- Other kg. 10% **3405** **POLISHES** **AND** **CREAMS,** **FOR** **FOOTWEAR,** **FURNITURE,** **FLOORS,** **COACHWORK,** **GLASS** **OR** **METAL,** **SCOURING** **PASTES** **AND POWDERS** **AND SIMILAR PREPARATIONS** **(WHETHER OR NOT IN THE FORM OF PAPER,** **WADDING,** **FELT,** **NONWOVENS,** **CELLULAR PLASTICS OR CELLULAR** **RUBBER, IMPREGNATED,** **COATED OR COVERED WITH** **SUCH PREPARATIONS),** **EXCLUDING WAXES OF** **HEADING** **3404** 3405 10 00 - Polishes, creams and similar preparations kg. 10% for footwear or leather 3405 20 00 - Polishes, creams and similar preparations kg. 10% for the maintenance of wooden furniture, floors or other wood work 3405 30 00 - Polishes and similar preparations for kg. 10% coach-work, other than metal polishes 3405 40 00 - Scouring pastes and powders and other kg. 10% scouring preparations 3405 90 - _Other:_ 3405 90 10 --- Polishes and compositions for application kg. to metal including diamond polishing powder or paste 10% 3405 90 90 --- Other kg. 10% **3406** **CANDLES,** **TAPERS** **AND** **THE** **LIKE** 3406 00 - _Candles, tapers and the_ _like:_ 3406 00 10 --- Candles kg. 25% ----- **SECTION-VI** **CHAPTER-34** **(1)** **(2)** **(3)** **(4)** **(5)** 3406 00 90 --- Other kg. 25% **3407** **MODELLING** **PASTES,** **INCLUDING** **THOSE** **PUT** **UP** **FOR** **CHILDREN’S** **AMUSEMENT;** **PREPARATIONS** **KNOWN** **AS** **―DENTAL WAX‖** **OR AS** **―DENTAL IMPRESSION** **COMPOUNDS‖,** **PUT** **UP** **IN SETS,** **IN PACKINGS** **FOR** **RETAIL SALE OR IN PLATES,** **HORSESHOE SHAPES,** **STICKS** **OR** **SIMILAR FORMS;** **OTHER** **PREPARATIONS FOR** **USE IN DENTISTRY,** **WITH A BASIS OF PLASTER** **(OF** **CALCINED GYPSUM** **OR CALCIUM** **SULPHATE)** 3407 00 - _Modelling_ _pastes,_ _including_ _those_ _put_ _up_ _for children’s amusement; preparations_ _known as “dental_ _wax” or as “dental_ _impression compounds”, put up_ _in_ _sets,_ _in_ _packings_ _for retail sale or in plates,_ _horseshoe shapes, sticks or_ _similar forms;_ _other preparations_ _for use_ _in_ _dentistry,_ _with a basis of plaster_ _(of calcined_ _gypsum or calcium sulphate):_ 3407 00 10 --- Modelling pastes, including those put up for kg. 10% children‗s amusement 3407 00 90 --- Other kg. 10% ----- **SECTION-VI** **CHAPTER-35** **CHAPTER** **35** **_Albuminoidal substances; modified starches; glues; enzymes_** **NOTES** **:** 1. This Chapter does not cover: (a) yeasts (heading 2102); (b) blood fractions (other than blood albumin not prepared for therapeutic or prophylactic uses), medicaments or other products of Chapter 30; (c) enzymatic preparations for pre-tanning (heading 3202); (d) enzymatic soaking or washing preparations or other products of Chapter 34; (e) hardened proteins (heading 3913); or (f) gelatin products of the printing industry (Chapter 49). 2. For the purposes of heading 3505, the term ―dextrins‖ means starch degradation products with a reducing sugar content, expressed as dextrose on the dry substance, not exceeding 10%. Such products with a reducing sugar content exceeding 10% fall in heading 1702. **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard** **Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **3501** 3501 10 00 kg. **CASEIN, CASEINATES AND OTHER CASEIN** **DERIVATIVES;** **CASEIN GLUES** Casein 20% 3501 90 00 - Other kg. 20% **3502** **ALBUMINS** **(INCLUDING** **CONCENTRATES** **OF** **TWO** **OR MORE WHEY PROTEINS,** **CONTAINING BY** **WEIGHT MORE THAN** **80%** **WHEY PROTEINS,** **CALCULATED ON THE DRY MATTER),** **ALBUMINATES AND OTHER ALBUMIN DERIVATIVES** - _Egg albumin :_ 3502 11 00 -- Dried kg. 20% 3502 19 00 -- Other kg. 20% 3502 20 00 - Milk albumin, including concentrates of kg. 20% two or more whey proteins 3502 90 00 - Other kg. 20% **3503** **GELATIN** **[INCLUDING** **GELATIN** **IN** **RECTANGULAR** **(INCLUDING SQUARE)** **SHEETS,** **WHETHER OR** **NOTSURFACE-WORKED OR COLOURED] AND** ----- **SECTION-VI** **CHAPTER-35** **(1)** **(2)** **(3)** **(4)** **(5)** **GELATIN** **DERIVATIVES;** **ISINGLASS;** **OTHER** **GLUES OF ANIMAL ORIGIN, EXCLUDING CASEIN** kg. 3503 00 3503 00 10 -- **GLUES OF HEADING 3501** _Gelatin [including gelatin in rectangular_ _(including square) sheets, whether or not_ _surface-worked or coloured] and gelatin_ _derivatives; isinglass; other glues of animal_ _origin, excluding casein_ _glues of heading 3501:_ Isinglass 20% 3503 00 20 --- Gelatin, edible grade and not elsewhere kg. 20% 3503 00 30 3503 00 90 -- -- specified or included Glues derived from bones, hides and similar items; fish glues Other 20% 20% 20% **3504** **PEPTONES** **AND** **THEIR** **DERIVATIVES;** **OTHER** **PROTEIN SUBSTANCES AND** **THEIR** **DERIVATIVES,** **NOT ELSEWHERE SPECIFIED OR INCLUDED;** **HIDE** **POWDER,** **WHETHER OR NOT CHROMED** 3504 00 - _Peptones_ _and their derivatives;_ _other protein_ _substances and their derivatives, not elsewhere_ _specified or included; hide powder, whether or_ _not chromed:_ 3504 00 10 --- Peptones kg. kg. kg. --- _Other :_ 3504 00 91 --- Isolated soya protein kg. 20% 3504 00 99 --- Others kg. 20% **3505** **DEXTRINS** **AND** **OTHER** **MODIFIED** **STARCHES** **(FOR EXAMPLE,** **PREGELATINISED** **OR ESTERIFIED** **STARCHES); GLUES BASED ON STARCHES, OR ON** **DEXTRINS OR OTHER MODIFIED STARCHES** 3505 10 - _Dextrins and other modified starches:_ 3505 10 10 --- Esterified starches kg. 20% 3505 10 90 --- Other kg. 20% 3505 20 00 - Glues kg. 20% **3506** **PREPARED** **GLUES** **AND** **OTHER** **PREPARED ADHESIVES,** **NOT ELSEWHERE** **SPECIFIED** **OR INCLUDED;** **PRODUCTS** **SUITABLE FOR USE AS GLUES OR** **ADHESIVES,** **PUT UP** **FOR RETAIL SALE AS GLUES OR ADHESIVES,** **NOT** **EXCEEDING A NET WEIGHT OF** **1KG** 3506 10 00 - [Products suitable for use as glues or ] kg. 10% ----- **SECTION-VI** **CHAPTER-35** **(1)** **(2)** **(3)** **(4)** **(5)** adhesives, put up for retail sale as glues or adhesives, not exceeding a net weight of 1KG _Other :_ 3506 91 -- Adhesives based on polymers of headings _3901 to 3913 or on rubber:_ 3506 91 10 --- Based on latex, phenol formaldehyde (PF), kg. 10% 3506 91 90 -- urea formaldehyde (UF) and polyvinyl alcohol (PVA) Other 10% 10% 10% 3506 99 -- Other : 3506 99 10 3506 99 91 -- -- **----** Synthetic glue with phenol urea or cresol (with formaldehyde) as the main component _Prepared glues and other prepared adhesives_ _not elsewhere specified or included:_ Based on starch, gum, latex, PF, UF and PVA kg. kg. kg. 3506 99 99 **----** Other kg. 10% **3507** **ENZYMES;** **PREPARED** **ENZYMES** **NOT** **ELSEWHERE** **SPECIFIED OR INCLUDED** 3507 10 - _Rennet and concentrates thereof:_ --- _Microbial rennet:_ 3507 10 11 **----** Animal rennet kg. 10% 3507 10 19 **----** Other kg. 10% --- _Other :_ 3507 10 91 **----** Animal rennet kg. 10% 3507 10 99 **----** Other kg. 10% 3507 90 - _Other :_ 3507 90 10 --- Industrial enzymes (textile assistant) kg. 10% 3507 90 20 --- Pancretin pure (excluding medicament) kg. 10% 3507 90 30 --- Pepsin (excluding medicament) kg. 10% 3507 90 40 --- Pectin esterases pure kg. 10% 3507 90 50 --- Pectolytic enzyme (pectimase) kg. 10% --- _Other enzymes of microbial origin:_ 3507 90 61 **----** Streptokinase kg. 10% 3507 90 62 **----** Amylases enzymes kg. 10% 3507 90 69 3507 90 71 3507 90 79 3507 90 91 3507 90 99 **----** -- **----** **----** -- **----** **----** kg. kg. kg. kg. kg. 10% 10% 10% 10% 10% Other _Enzymes for pharmaceutical use, other than_ _streptokinase :_ Papain, pure, of pharmaceutical grade Other _Other:_ Enzymatic preparations containing food stuffs Other ----- **SECTION-VI** **CHAPTER-36** **CHAPTER** **36** **_Explosives; pyrotechnic products; matches; pyrophoric alloys; certain combustible preparations_** **NOTES** **:** 1. This Chapter does not cover separate chemically defined compounds other than those described in Note 2(a) or 2(b) below. 2. The expression ―articles of combustible materials‖ in heading 3606 applies only to: (a) metaldehyde, hexamethylenetetramine and similar substances, put up in forms (for example, tablets, sticks or similar forms) for use as fuels; fuels with a basis of alcohol, and similar prepared fuels, in solid or semi-solid form; (b) liquid or liquefied-gas fuels in containers of a kind used for filling or refilling cigarette or similar lighters and of a capacity not exceeding 300 cm[3]; and (c) resin torches, firelighters and the like. **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard** **ential** **Areas** **Prefer-** **(1)** **(2)** **(3)** **(4)** **(5)** **3601** **PROPELLANT** **POWDERS** 3601 00 - _Propellant powders :_ 3601 00 10 **--- Blasting powder** kg. 10% 3601 00 20 **--- Gun powder** kg. 10% 3601 00 90 **--- Other** kg. 10% **3602** **PREPARED** **EXPLOSIVES,** **OTHER** **THAN** **PROPELLANT** **POWDERS** 3602 00 3602 00 10 **---** 3602 00 - _Prepared explosives, other than propellant_ _powders :_ 3602 00 10 **---** Industrial explosives kg. 10% 3602 00 90 **--- Other** kg. 10% **3603** **SAFETY FUSES; DETONATING CORDS; PERCUSSION OR** **DETONATING** **CAPS;** **IGNITERS;** **ELECTRIC** **DETONATORS** 3603 1 0 00 - Safety fuses kg. 10% 3603 2 0 00 - Detonating cords kg. 10% 3603 3 0 0 0 - Percussion caps kg. 10% ----- **SECTION-VI** **CHAPTER-36** **(1)** **(2)** **(3)** **(4)** **(5)** 3603 40 00 - Detonating caps kg. 10% 3603 50 00 - Igniters kg. 10% 3603 60 00 - Electric detonators kg. 10% **3604** **FIREWORKS,** **SIGNALLING** **FLARES,** **RAIN** **ROCK-** **ETS,** **FOG SIGNALS AND OTHER PYROTECHNIC** **ARTICLES** 3604 10 00 - Fireworks kg. 10% 3604 90 - _Other:_ 3604 90 10 **--- Ship signals** kg. 10% 3604 90 90 **--- Other** kg. 10% **3605** **MATCHES,** **OTHER** **THAN** **PYROTECHNIC** **ARTICLES** **OF** **HEADING** **3604** 3605 00 - _Matches,_ _other than pyrotechnic_ _articles_ _of_ _heading 3604 :_ 3605 00 10 --- Safety matches kg. 10% 3605 00 90 --- Other kg. 10% **3606** **FERRO-CERIUM** **AND OTHER PYROPHORIC** **ALLOYS IN ALL FORMS;** **ARTICLES OF** **COMBUSTIBLE MATERIALS AS SPECIFIED IN** **NOTE** **2** **TO** **THIS** **CHAPTER** 3606 10 00 - Liquid or liquefied-gas fuels in containers of kg. 10% a kind used for filling or refilling cigarette or similar lighters and of a capacity not exceeding 300 cm[3] 3606 90 -- _Other :_ 3606 90 10 **---** Combustible preparations kg. 10% **---** _Other :_ 3606 90 91 **----** Ferro-cerium, in all forms kg. 10% 3606 90 92 **----** Pyrophoric alloys, in all forms kg. 10% 3606 90 93 **----** DNPT (dinitroso-penta-methylene kg. 10% kg. 3606 90 99 **----** 10% tetramine) Others ----- **SECTION-VI** **CHAPTER-37** **CHAPTER** **37** **_Photographic or cinematographic goods_** **NOTES** **:** 1. This Chapter does not cover waste or scrap. 2. In this Chapter the word ―photographic‖ relates to the process by which visible images are formed, directly or indirectly, by the action of light or other forms of radiation on photosensitive, including thermosensitive, surfaces. **SUPPLEMENTARY** **NOTE** **:** In this Chapter, the term ―Central Board of Film Certification‖ means the authority established under law in India for the purpose of certifying the films. **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard** **Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **3701** **PHOTOGRAPHIC** **PLATES** **AND** **FILM** **IN** **THE** **FLAT,** **SENSITISED,** **UNEXPOSED,** **OF ANY** **MATERIAL** **OTHER** **THAN** **PAPER,** **PAPERBOARD** **OR** **TEXTILES;** **INSTANT PRINT-FILM** **IN THE** **FLAT,** **SENSITISED,** **UNEXPOSED,** **WHETHER** **OR NOT** **IN** **PACKS** 3701 10 - _For X-ray :_ 3701 10 10 --- Medical m[2 ] 10% 3701 10 90 --- Other m[2 ] 10% 3701 20 00 - Instant print film kg. 10% 3701 30 00 - Other plates and film, with any side m[2 ] 10% exceeding 255 mm - _Other :_ 3701 91 -- For _colour_ _photography (Polychrome):_ 3701 91 10 --- Cinematographic film kg. 10% 3701 91 90 --- Other kg. 10% 3701 99 -- Other : 3701 99 10 --- Cinematographic film m[2] 10% 3701 99 90 --- Other m[2] 10% **3702** **PHOTOGRAPHIC** **FILM** **IN** **ROLLS,** **SENSITISED,** **UNEXPOSED,** **OF** **ANY MATERIAL** **OTHER** **THAN** **PAPER,** **PAPER-BOARD OR** **TEXTILES;** **INSTANT** **PRINT FILM** **IN** **ROLLS,** **SENSITISED,** **UNEXPOSED** 3702 10 00 - For X-ray m[2] 10% - _Other film, without perforations, of a_ _width not exceeding 105 mm:_ ----- **SECTION-VI** **CHAPTER-37** **(1)** **(2)** **(3)** **(4)** **(5)** 3702 31 -- For _colour photography (Polychrome):_ 3702 31 10 --- Cinematographic film u 10% 3702 31 90 --- Other u 10% 3702 32 -- Other, _with_ _silver_ _halide emulsion:_ 3702 32 10 --- Cinematographic film m[2 ] 10% 3702 32 90 --- Other m[2 ] 10% 3702 39 -- _Other :_ 3702 39 10 --- Cinematographic film m[2 ] 10% 3702 39 90 --- Other m[2 ] 10% - Other film, without perforations, of a width _exceeding 105 mm :_ 3702 41 -- Of a width exceeding 610 mm and of a length _exceeding 200 m, for colour photography_ _(Polychrome) :_ 3702 41 10 **---** Cinematographic film m[2 ] 10% 3702 41 90 --- Other m[2 ] 10% 3702 42 -- Of a width exceeding 610 mm and of a length _exceeding 200 m, other than for colour_ _photography :_ 3702 42 10 --- Photographic film of a width 620 mm m[2] 10% in rolls 3702 42 20 --- Cinematographic film m[2 ] 10% 3702 42 90 --- Other m[2] 10% 3702 43 -- Of a width exceeding 610 mm and of a _length not exceeding 200 m:_ 3702 43 10 --- Photographic films (black and white) of a m[2] 10% width 620 mm 3702 43 20 --- Cinematographic film m[2 ] 10% 3702 43 90 --- Other m[2] 10% 3702 44 -- Of a width exceeding 105 mm but not _exceeding_ _610 mm:_ 3702 44 10 --- Photographic films of a width 120 mm in m[2] 10% rolls 3702 44 20 --- Cinematographic film m[2 ] 10% 3702 44 90 --- Other m[2] 10% - _Other film, for colour photography_ _(polychrome) :_ 3702 52 - - Of a width not exceeding 16 mm : 3702 52 10 - - - Finished rolls of cinematographic positive m 10% 3702 52 20 - - - Other cinematographic film m 10% 3702 52 90 - - - Other m 10% 3702 53 00 -- Of a width exceeding 16 mm but not m 10% exceeding 35 mm and of a length not exceeding 30 m, for slides ----- **SECTION-VI** **CHAPTER-37** **(1)** **(2)** **(3)** **(4)** **(5)** 3702 54 -- Of a width exceeding 16 mm but not _exceeding 35 mm and of a length not_ _exceeding 30 m, other than for slides:_ 3702 54 10 --- Finished rolls of cinematographic positive m 10% 3702 54 20 --- Other cinematographic film m 10% 3702 54 90 --- Other m 10% 3702 55 -- Of a width exceeding 16 mm but not _exceeding 35 mm and of a length_ _exceeding 30 m :_ 3702 55 10 --- Finished rolls of cinematographic positive m 10% 3702 55 20 --- Other cinematographic film m 10% 3702 55 90 --- Other m 10% 3702 56 -- Of a width exceeding 35 mm : 3702 56 10 --- Finished rolls of cinematographic positive m 10% 3702 56 20 --- Other cinematographic film m 10% 3702 56 90 --- Other m 10% - _Other :_ 3702 96 -- Of a width not exceeding 35 mm and of a length 3702 96 11 - - - not exceeding 30 m: Not exceeding 16 mm m 10% 3702 96 19 - -- - Other m 10% 3702 97 - - - Of a width not exceeding 35 mm and of a length exceeding 30 m : 20 Cinematographic film: 3702 97 11 - - - - Not exceeding 16 mm m1 0% 3702 97 19 - -- - Other m 10% 3702 98 - - Of a width exceeding 35 mm: 3702 98 10 - - - Cinematographic film m 10% 3702 98 90 - -- Other m 10% **3703** **PHOTOGRAPHIC** **PAPER,** **PAPERBOARD** **AND** **TEXTILES,** **SENSITISED,** **UNEXPOSED** 3703 10 - _In rolls of a width exceeding 610 mm:_ 3703 10 10 --- Photographic paper or paperboard kg. 10% 3703 10 20 --- Textiles kg. 10% 3703 20 - _Other, for colour photography (polychrome):_ 3703 20 10 --- Photographic paper or paperboard kg. 10% 3703 20 20 --- Textiles kg. 10% 3703 90 - _Other :_ 3703 90 10 --- Photographic paper or paperboard kg. 10% 3703 90 20 --- Textiles kg. 10% **3704** **PHOTOGRAPHIC** **PLATES,** **FILM,** **PAPER,** **PAPER** **BOARD** **AND TEXTILES,** **EXPOSED BUT NOT DEVELOPED** ----- **SECTION-VI** **CHAPTER-37** **(1)** **(2)** **(3)** **(4)** **(5)** 3704 00 - _Photographic plates, film, paper, paper_ _board_ _and textiles, exposed but not_ _developed :_ 3704 00 10 --- Photographic paper, or paperboard kg. 10% 3704 00 20 --- Cinematographic plates and film kg. 10% 3704 00 30 --- Sensitised textiles kg. 10% 3704 00 90 --- Other kg. 10% **3705** **PHOTOGRAPHIC** **PLATES** **AND** **FILM,** **EXPOSED** **AND** **DEVELOPED,** **OTHER THAN CINEMATOGRAPHIC FILM** 3705 00 00 - Photographic plates and film, exposed and kg. 10% developed, other than cinematographic film **3706** **CINEMATOGRAPHIC** **FILM,** **EXPOSED** **AND** **DEVELOPED,** **WHETHER OR NOT INCORPORATING** **SOUND** **TRACK** **OR CONSISTING** **ONLY OF** **SOUND** **TRACK** 3706 10 - _Of a width of 35 mm or more :_ --- _Feature films :_ 3706 10 11 ---- Made wholly in black and white and of m 10% a length not exceeding 4,000 m 3706 10 12 ---- Made wholly in black and white and of a m 10% length exceeding 4,000 m 3706 10 13 ---- Made wholly or partly in colour and of a m 10% length not exceeding 4,000 m 3706 10 14 ---- Made wholly or partly in colour and of a m 10% length exceeding 4,000 m 3706 10 15 ---- Children‗s films certified by the Central m 10% Board of Film Certification to be ―Children‗s Film‖ 3706 10 20 --- Documentary shorts, and films certified m 10% as such by the Central Board of Film Certification 3706 10 30 --- News Reels and clippings m 10% --- _Advertisement_ _shorts_ _and films :_ 3706 10 41 ---- Made wholly in black and white m 10% 3706 10 42 3706 10 51 3706 10 52 3706 10 59 --- -- --- --- --- Made wholly or partly in colour _Other children’s film :_ Patch prints, including Logos intended exclusively for the entertainment of children Children‗s film certified by the Central Board of Films Certification to be ―Children‗s Film‖ Other m m m m 10% 10% 10% 10% ----- **SECTION-VI** **CHAPTER-37** **(1)** **(2)** **(3)** **(4)** **(5)** --- _Educational shorts, and films :_ 3706 10 61 ---- Certified as predominantly educational m 10% by the Central Board of Film Certification 3706 10 62 ---- Patch prints, including logos intended m 10% exclusively for educational purposes 3706 10 63 ---- Teaching aids including film strips of m 10% educational nature 3706 10 69 ---- Other m 10% 3706 10 70 --- Short films not elsewhere specified or m 10% included --- _Other :_ 3706 10 91 ---- Audio-visual news or audio-visual views m 10% materials including news clippings 3706 10 92 ---- Master positives, exposed negatives, m 10% dupes and rush prints as are not cleared for public exhibitions 3706 10 99 ---- Other m 10% 3706 90 - _Other :_ --- _Feature films :_ 3706 90 11 ---- Made wholly in black and white and of a m 10% length not exceeding 4,000 m 3706 90 12 ---- Made wholly in black and white and of a m 10% length exceeding 4,000 m 3706 90 13 ---- Made wholly or partly in colour and of a m 10% length not exceeding 4,000 m 3706 90 14 ---- Made wholly or partly in colour and of a m 10% length exceeding 4,000 m 3706 90 15 ---- Children‗s films certified by the Central m 10% Board of Film Certification to be ―Children‗s Film‖ 3706 90 20 --- Documentary shots, and films certified as m 10% such by the Central Board of Film Certification 3706 90 30 --- News reels and clippings m 10% --- _Advertisement_ _shots and films :_ 3706 90 41 ---- Made wholly in black and white m 10% 3706 90 42 ---- Made wholly or partly in colour m 10% --- _Other children’s film :_ 3706 90 51 ---- Patch prints, including logos intended m 10% exclusively for the entertainment of children 3706 90 52 ---- Children‗s film certified by the Central m 10% Board of Films Certification to be ―Children‗s film‖ 3706 90 59 ---- Other m 10% ----- **SECTION-VI** **CHAPTER-37** **(1)** **(2)** **(3)** **(4)** **(5)** m m m m m m m m m 3706 90 61 3706 90 62 3706 90 63 3706 90 64 3706 90 69 3706 90 70 3706 90 91 3706 90 92 3706 90 99 -- --- --- --- --- --- ---- --- --- --- _Educational shots, and films :_ Certified as predominantly educational by the Central Board of Film Certification Patch prints, including logos intended exclusively for educational purposes Teaching aids including film strips of educational nature Certified as predominantly educational, by Central Board of Film Certification, of width below 30mm Other Short film not elsewhere specified _Other:_ Audio-visual news or audio-visual views materials including news clippings Master positives, exposed negatives, dupes and rush prints as are not cleared for public exhibitions Other 10% 10% 10% 10% 10% 10% 10% 10% 10% **3707** **CHEMICAL PREPARATIONS FOR PHOTOGRAPHIC USES** **(OTHER** **THAN VARNISHES, GLUES, ADHESIVES AND** **SIMILAR PREPARATIONS); UNMIXED** **PRODUCTS FOR** **PHOTOGRAPHIC** **USES,** **PUT** **UP** **IN** **MEASURED** **PORTIONS** **OR PUT UP FOR RETAIL SALE IN A FORM READY FOR** **USE** 3707 10 00 - Sensitizing emulsions kg. 10% 3707 90 - _Other:_ 3707 90 10 3707 90 90 -- -- Chemical products mixed or compounded for Photographic uses (for example, developers and fixers), whether or not in bulk Other kg. kg. 10% 10% ----- **SECTION-VI** **CHAPTER-38** **CHAPTER** **38** **_Miscellaneous chemical products_** **NOTES:** 1. This Chapter does not cover: (a) separate chemically defined elements or compounds with the exception of the following : (1) artificial graphite (heading 3801); (2) insecticides, rodenticides, fungicides, herbicides, anti-sproutingpro-ducts and plant-growth regulators, disinfectants and similar products, put up as described in heading 3808; (3) products put up as charges for fire-extinguishers or put up in fire-extinguishing grenades (heading 3813); (4) certified reference materials specified in Note 2 below; (5) products specified in Note 3 (a) or 3 (c) below; (b) mixtures of chemicals with foodstuffs or other substances with nutritive value, of a kind used in the preparation of human foodstuffs (generally, heading 2106); (c) products of heading 2404; (d) slag, ash and residues (including sludges, other than sewage sludge), containing metals, arsenic or their mixtures and meeting the requirements of Note 3 (a) or 3(b) to Chapter 26 (heading 2620); (e) medicaments (Heading 3003 or 3004); (f) spent catalysts of a kind used for the extraction of base metals or for the manufacture of chemical compounds of base metals (heading 2620), spent catalysts of a kind used principally for the recovery of precious metal (heading 7112) or catalysts consisting of metals or metal alloys in the form of, for example, finely divided powder or woven gauze (Section XIV or XV). 2. (A) For the purpose of heading 3822, the expression ―certified reference materials‖ means reference materials which are accompanied by a certificate which indicates the values of the certified properties, the methods used to determine these values and the degree of certainty associated with each value and which are suitable for analytical, calibrating or referencing purposes. (B) With the exception of the products of Chapter 28 or 29, for the classification of certified reference materials, heading 3822 shall take precedence over any other heading in the Schedule. 3. Heading 3824 includes the following goods which are not to be classified in any other heading of this Schedule: (a) cultured crystals (other than optical elements) weighing not less than 2.5 g each, of magnesium oxide or of the halides of the alkali or alkaline-earth metals; (b) fusel oil; Dippel‗s oil; (c) ink removers put up in packings for retail sale; (d) Stencil correctors, other correcting fluids and correction tapes (other than those of heading 9612), put up in packings for retail sale; and; ----- **SECTION-VI** **CHAPTER-38** (e) ceramic firing testers, fusible (for example, seger cones). 4. Throughout the Schedule, ―municipal waste‖ means waste of a kind collected from households, hotels, restaurants, hospitals, shops, offices, etc., road and pavement sweepings, as well as construction and demolition waste. Municipal waste generally contains a large variety of materials such as plastics, rubber, wood, paper, textiles, glass, metals, food materials, broken furniture and other damaged or discarded articles. The term ―municipal waste‖, however, does not cover: (a) individual materials or articles segregated from the waste, for example wastes of plastics, rubber, wood, paper, textiles, glass or metals, electrical and electronic waste and scrap (including spent batteries) which fall in their appropriate headings of the Nomenclature; (b) industrial waste; (c) waste pharmaceuticals, as defined in Note 4(k) to Chapter 30; or (d) clinical waste, as defined in Note 6(a) below. 5. For the purposes of heading 3825, ―sewage sludge‖ means sludge arising from urban effluent treatment plant and includes pre-treatment waste, scourings and unstablised sludge. Stablised sludge when suitable for use as fertiliser is excluded (Chapter 31). 6. For the purposes of heading 3825, the expression ―other wastes‖ applies to: (a) clinical waste, that is, contaminted waste arising from medical research, diagnosis, treatment or other medical, surgical, dental or veterinary procedures, which often contain pathogens and pharmaceutical substances and require special disposal procedures (for example, soiled dressings, used gloves and used syringes); (b) waste organic solvents; (c) wastes of metal pickling liquors, hydraulic fluids, brake fluids and anti-freezing fluids; and (d) other wastes from chemical or allied industries. The expression ―other wastes‖ does not, however, cover wastes which contain mainly petroleum oils or oils obtained from bituminous minerals (heading 2710). 7. For the purposes of heading 3826, the term ―biodiesel‖ means mono-alkyl esters of fatty acids of a kind used as a fuel, derived from animal or vegetable or microbial fats and oils whether or not used. **Sub-heading Notes :** 1. Sub-headings 3808 52 and 3808 59 cover only goods of heading 3808, containing one or more of the following substances: alachlor (ISO); aldicarb (ISO); aldrin (ISO); azinphos-methyl (ISO); binapacryl (ISO); camphechlor (ISO) (toxaphene); captafol (ISO); carbofuran (ISO); chlordane (ISO); chlordimeform (ISO); chlorobenzilate (ISO); DDT (ISO) (clofenotane (INN), 1,1,1-trichloro-2,2-bis (pchlorophenyl) ethane); dieldrin (ISO, INN); 4,6- dinitro-o-cresol (DNOC (ISO)) or its salts; dinoseb (ISO), its salts or its esters; endosulfan (ISO); ethylene dibromide (ISO) (1,2-dibromoethane); ethylene dichloride (ISO) (1,2- dichloroethane); fluoroacetamide (ISO); heptachlor (ISO); hexachlorobenzene (ISO); 1,2,3,4,5,6-hexachlorocyclohexane (HCH (ISO)), including lindane (ISO, INN); mercury compounds; methamidophos (ISO); monocrotophos (ISO); oxirane (ethylene oxide); parathion (ISO); parathion-methyl (ISO) (methyl-parathion); pentachlorophenol (ISO), its salts or its esters; perfluorooctane sulphonic acid and its salts; perfluorooctane sulphonamides; perfluorooctane sulphonyl fluoride; phosphamidon (ISO); 2,4,5-T (ISO) (2,4,5- trichlorophenoxyacetic acid), its salts or its esters; ----- **SECTION-VI** **CHAPTER-38** 2. Sub-headings 3808 61 to 3808 69 cover only goods of heading 3808, containing alpha cypermethrin (ISO), bendiocarb (ISO), bifenthrin (ISO), chlorfenapyr (ISO), cyfluthrin (ISO), deltamethrin (INN, ISO), etofenprox (INN), fenitrothion (ISO), lambda-cyhalothrin (ISO), malathion (ISO), pirimiphosmethyl (ISO) or propoxur (ISO). 3. Sub-headings 3824 81 to 3824 89 cover only mixtures and preparations containing one or more of the following substances: oxirane (ethylene oxide); polybrominated biphenyls (PBBs); polychlorinated biphenyls (PCBs); polychlorinated terphenyls (PCTs); tris (2,3- dibromopropyl) phosphate; aldrin (ISO); camphechlor (ISO) (toxaphene); chlordane (ISO); chlordecone (ISO); DDT (ISO) (clofenotane (INN); 1,1,1-trichloro-2,2-bis (p-c hlorophenyl)ethane); dieldrin (ISO, INN); endosulfan (ISO); endrin (ISO); heptachlor (ISO); mirex (ISO); 1,2,3,4,5,6-hexachlorocyclohexane (HCH (ISO)), including lindane (ISO, INN); pentachlorobenzene (ISO); hexachlorobenzene (ISO); perfluorooctane sulphonic acid, its salts; perfluorooctane sulphonamides; perfluorooctane sulphonyl fluoride; tetra-, penta-, hexa-, hepta- or octabromodiphenyl ethers; short-chain chlorinated paraffins. Short-chain chlorinated paraffins are mixtures of compounds, with a chlorination degree of more than 48% by weight, with the following molecular formula: CxH(2x-y+2)Cly, where x=10 - 13 and y= 1 – 13. 4. For the purposes of tariff items 3825 41 00 and 3825 49 00, "waste organic solvents"are wastescontaining mainly organic solvents, not fit for further use as presented as primary products, whether or notintended for recovery of solvents.'; **Supplementary Notes:** 1. Tariff item 3808 91 41 covers one of the following goods of sub-heading 3808 91 : Acephate (ISO) conforming to IS-12915; Cartap Hydrochloride (ISO) conforming to IS-14159; Imidacloprid (ISO) conforming to IS-15443; Acetamiprid (ISO) conforming to IS-15981. 2. Tariff item 3808 91 42 covers one of the following goods of sub-heading 3808 91 with content by mass greater than 90% : Chlorentraniliprole (ISO); Buprofezin (ISO); Flubendiamide (ISO); Emamectin Benzoate (ISO). 3. Tariff item 3808 91 51 covers only mixtures and preparations of goods of sub-heading 3808 91, containing one or more of the following : Acephate (ISO) conforming to IS-12916; Cartap Hydrochloride (ISO) conforming to IS-14183; Imidacloprid (ISO) conforming to IS-15335; Acetamiprid (ISO) conforming to IS-16328. 4. Tariff item 3808 91 52 covers only mixtures and preparations of goods of sub-heading 3808 91 with content by mass greater than 90%, containing one or more of the following : Chlorentraniliprole (ISO); Buprofezin (ISO); Flubendiamide (ISO); Emamectin Benzoate (ISO). 5. Tariff item 3808 92 60 covers one of the following goods of sub-heading 3808 92 : Carbendazim (ISO) conforming to IS-8445. 6. Tariff item 3808 92 70 covers only mixtures and preparations of goods of sub-heading 3808 92, containing one or more of the following : Carbendazim (ISO) conforming to IS-8446. 7. Tariff item 3808 93 61 covers one of the following goods of sub-heading 3808 93 : Pretilachlor (ISO) conforming to IS-15158; Glyphosate (ISO) conforming to IS-12502. 8. Tariff item 3808 93 62 covers one of the following goods of sub-heading 3808 93 with content by mass greater than 90% : Bispyribac sodium (ISO); Imazethapyr (ISO). 9. Tariff item 3808 93 71 covers only mixtures and preparations of goods of sub-heading 3808 93, containing one or more of the following : Pretilachlor (ISO) conforming to IS-15160. 10. Tariff item 3808 93 72 covers only mixtures and preparations of goods of sub-heading 3808 93 with content by mass greater than 90%, containing one or more of the following : Bispyribac sodium (ISO); Imazethapyr (ISO) ----- **SECTION-VI** **CHAPTER-38** **(1)** **(2)** **(3)** **(4)** **(5)** **3801** **ARTIFICIAL** **GRAPHITE;** **COLLOIDAL** **OR SEMI-** **COLLOIDAL** **GRAPHITE;** **PREPARATIONS BASED** **ON GRAPHITE** **OR OTHER CARBON IN THE FORM** **OF** **PASTES,** **BLOCKS,** **PLATES** **OR** **OTHER SEMI-** **MANUFACTURES** 3801 10 00 - Artificial graphite kg. 7.5% 10% 3801 20 00 - Colloidal or semi-colloidal graphite kg. 7.5% 3801 30 00 - Carbonaceous pastes for electrodes and kg. 7.5% similar pastes for furnace linings 3801 90 00 - Other kg. 7.5% **3802** **ACTIVATED** **CARBON;** **ACTIVATED** **NATURAL** **MINERAL** **PRODUCTS;** **ANIMAL** **BLACK,** **INCLUDING** **SPENT ANIMAL BLACK** 3802 10 00 - Activated carbon kg. 7.5% 10% 3802 90 - _Other:_ --- _Activated natural mineral products:_ 3802 90 11 ---- Activated alumina kg. 7.5% 3802 90 12 ---- Activated bauxite kg. 7.5% 3802 90 19 ---- Other kg. 7.5% 3802 90 20 --- Animal black (for example bone black, ivory black), including spent animal black kg. 7.5% **3803 00 00** **TALL** **OIL,** **WHETHER** **OR** **NOT** **REFINED** kg. 7.5% **3804** **RESIDUAL** **LYES** **FROM** **THE** **MANUFACTURE** **OF** **WOOD PULP,** **WHETHER OR NOT CONCENTRATED,** **DESUGARED OR CHEMICALLY TREATED,** **INCLUDING LIGNIN SULPHONATES,** **BUT** **EXCLUDING** **TALL OIL** **OF** **HEADING** **3803** 3804 00 - _Residual lyes from the_ _manufacture of_ _wood pulp, whether or not concentrated,_ _desugared_ _or_ _chemically_ _treated,_ _including_ _lignin_ _sulphonates,_ _but_ _excluding tall oil of heading 3803:_ 3804 00 10 --- Lignin sulphonates kg. 7.5% 3804 00 20 --- Concentrated sulphate lye kg. 7.5% 3804 00 90 --- Other kg. 7.5% **3805** **GUM,** **WOOD** **OR** **SULPHATE** **TURPENTINE** **AND OTHER** **TERPENIC OILS** **PRODUCED** **BY** **THE DISTILLATION** **OR** **OTHER** **TREATMENT OF CONIFEROUS** **WOODS;** **CRUDE DIPENTENE; SULPHITE TURPENTINE AND OTHER** **CRUDE PARA- CYMENE;** **PINE OIL CONTAINING ALPHA-** **TERPINEOL AS THE MAIN CONSTITUENT** 3805 10 - _Gum, wood or_ _sulphate_ _turpentine_ _oils:_ 3805 10 10 --- Wood turpentine oil and spirit of turpentine kg. 7.5% 3805 10 20 --- Gum turpentine oil kg. 7.5% 3805 10 30 --- Sulphate turpentine oil kg. 7.5% 3805 90 - _Other :_ ----- **SECTION-VI** **CHAPTER-38** **(1)** **(2)** **(3)** **(4)** **(5)** 7.5% 3805 90 20 --- Crude dipentene kg. 3805 90 30 --- Sulphite turpentine kg. 7.5% 3805 90 90 --- Other kg. 7.5% **3806** **ROSIN** **AND** **RESIN** **ACIDS,** **AND** **DERIVATIVES** **THEREOF;** **ROSIN** **SPIRIT** **AND** **ROSIN** **OILS;** **RUN** **GUMS** 3806 10 - _Rosin and resin acids :_ 3806 10 10 --- Gum rosin kg. 7.5% 3806 10 90 --- Other kg. 7.5% 3806 20 00 3806 30 00 Salts of rosin, of resin acids or of derivatives of rosin or resin acids, other than salts of rosin adducts Ester gums kg. kg. 7.5% 7.5% 3806 90 - _Other :_ 3806 90 10 --- Run gums kg. 7.5% 3806 90 90 --- Other kg. 7.5% **3807** **WOOD** **TAR; WOOD** **TAR** **OILS; WOOD CREOSOTE;** **WOOD** **NAPHTHA;** **VEGETABLE** **PITCH;** **BREWERS’** **PITCH AND SIMILAR PREPARATIONS BASED ON** kg. 3807 00 3807 00 10 -- **ROSIN,** **RESIN** **ACIDS** **OR** **ON VEGETABLE** **PITCH** _Wood tar;_ _wood tar oils;_ _wood_ _creosote;_ _wood naphtha; vegetable pitch; brewers’_ _pitch and similar preparations based on_ _rosin, resin acids or on vegetable pitch:_ Wood tar 7.5% 3807 00 20 --- Wood Tar oils, wood creosote, wood naphtha kg. 7.5% 3807 00 30 --- Vegetable pitch, brewers‗ pitch and similar preparations based on rosin, resin acids or vegetable pitch **3808** **INSECTICIDES,** **RODENTICIDES,** **FUNGICIDES,** **HERBICIDES, ANTI-SPROUTING PRODUCTS AND** **PLANT-GROWTH REGULATORS, DISINFECTANTS** **AND SIMILAR PRODUCTS, PUT UP IN FORMS OR** **PACKINGS FOR RETAIL SALE OR AS PREPARATIONS** **OR** **ARTICLES** **(FOR** **EXAMPLE,** **SULPHUR-** **TREATED** **BANDS,** **WICKS AND CANDLES, AND** **FLY-PAPERS)** _- Goods specified in Sub-heading Note 1 to_ _this Chapter:_ 3808 52 00 -- DDT (ISO) (clofenotane (INN)), in packings of a net weight content not exceeding 300 g kg. 7.5% kg. 10% 3808 59 00 -- Other kg. 10% - _Goods specified in Sub-heading Note 2_ _to this Chapter:_ 3808 61 00 I ki f i h k 10% ----- **SECTION-VI** **CHAPTER-38** **(1)** **(2)** **(3)** **(4)** **(5)** exceeding 300 g 3808 62 00 -- In packings of a net weight content exceeding kg. 10% 300 g but not exceeding 7.5 kg 3808 69 00 -- Other kg. 10% 3808 91 -- _Insecticides:_ 3808 91 11 ---- Aluminium phosphate (for example phostoxin) Kg. 10% 3808 91 12 ---- Calcium cyanide kg. 10% 3808 91 13 ---- D.D.V.P. (Dimethyle-dichloro-vinyl- phosphate) kg. 10% 3808 91 21 ---- Diaginal kg. 10% 3808 91 22 ---- Methyl bromide kg. 10% 3808 91 23 ---- Dimethoate, technical grade kg. 10% 3808 91 24 ---- Melathion kg. 10% 3808 91 31 ---- Endosulphan, technical grade kg. 10% 3808 91 32 ---- Quinal phos kg. 10% 3808 91 33 ---- Isoproturon kg. 10% 3808 91 34 ---- Fenthion kg. 10% 3808 91 35 ---- Cipermethrin, technical grade kg. 10% 3808 91 36 ---- Allethrin kg. 10% 3808 91 37 3808 91 41 3808 91 42 3808 91 51 3808 91 52 3808 91 91 3808 91 92 3808 91 99 ----- --- --- -- --- --- -- --- --- --- Synthetic pyrethrum _Goods specified in Supplementary Note 1 and 2_ _to this Chapter :_ Goods specified in Supplementary Note 1 to this Chapter Goods specified in Supplementary Note 2 to this Chapter _Goods specified in Supplementary Note 3 and 4_ _to this Chapter :_ Goods specified in Supplementary Note 3 to this Chapter Goods specified in Supplementary Note 4 to this Chapter _Other:_ Repellants for insects such as flies, mosquito Paper impregnated or coated with insecticides such as D.D.T. coated paper Other kg. kg. kg. kg. kg. kg. kg. kg. 10% 10% 10% 10% 10% 10% 10% 10% 3808 92 -- _Fungicides:_ 3808 92 10 --- Maneb kg. 10% 3808 92 20 --- Sodium penta chlorophenate (santrobrite) kg. 10% 3808 92 30 --- Thiram (tetra methyl thiuram disulphide) kg. 10% 3808 92 40 --- Zineb kg. 10% 3808 92 50 3808 92 60 3808 92 70 3808 92 50 --- Copper oxychloride kg. 10% 3808 92 60 --- Goods specified in Supplementary Note 5 to kg. 10% this Chapter 3808 92 70 --- Goods specified in Supplementary Note 6 to kg. 10% this Chapter 3808 92 90 --- Other kg. 10% -- -- -- ----- **SECTION-VI** **CHAPTER-38** 3808 93 10 --- Chloromethyl phenozy acetic acid (M.C.P.A) kg. 10% 3808 93 20 --- 2:4 Dichloro phenozy acetic acid its and esters kg. 10% 3808 93 30 --- Gibberellic acid kg. 10% 3808 93 40 --- Plant growth regulators kg. 10% 3808 93 50 3808 93 61 3808 93 62 3808 93 71 3808 93 72 3808 93 50 --- Weedicides and weed killing agents kg. 10% --- _Goods specified in Supplementary Note 7 and 8_ _to this Chapter :_ 3808 93 61 ---- Goods specified in Supplementary Note 7 to kg. 10% this Chapter 3808 93 62 ---- kg. 10% Goods specified in Supplementary Note 8 to this Chapter --- _Goods specified in Supplementary Note 9 and_ _10 to this Chapter :_ 3808 93 71 ---- Goods specified in Supplementary Note 9 to kg. 10% this Chapter 3808 93 72 ---- Goods specified in Supplementary Note 10 to kg. 10% this Chapter 3808 93 90 --- Other kg. 10% 3808 94 00 --- Disinfectants kg. 10% 3808 99 -- _Other:_ 3808 99 10 --- Pesticides, not elsewhere specified or included kg. 10% 3808 99 90 --- Other kg. 10% **3809** **FINISHING** **AGENTS,** **DYE** **CARRIERS** **TO** **ACCELERATE** **THE** **DYEING** **OR** **FIXING** **OF** **DYE-** **STUFFS AND** **OTHER** **PRODUCTS** **AND PREPARATIONS** **(FOR EXAMPLE,** **DRESSINGS AND MORDANTS),** **OF A KIND** **USED IN THE TEXTILE,** **PAPER,** **LEATHER** **OR** **LIKE** -- -- --- --- -- --- --- **INDUSTRIES,** **NOT** **ELSEWHERE** **SPECIFIED** **OR** **INCLUDED** 3809 10 00 - With a basis of amylaceous substances kg. 20% - _Other :_ 3809 91 -- Of a kind used in the textile or like industries: 3809 91 10 --- Textile assistants mordanting agents kg. 7.5% 3809 91 20 --- Textile assistants desizing agents kg. 7.5% 3809 91 30 --- Textile assistants dispersing agents kg. 7.5% 3809 91 40 --- Textile assistants emulsifying agents kg. 7.5% 3809 91 50 --- Textile assistants hydro sulphite kg. 7.5% formaldehyde compound (rongalite or formusul) 3809 91 60 --- Textile assistants—textile preservatives kg. 7.5% 3809 91 70 --- Textile assistants water proofing agents kg. 7.5% 3809 91 80 --- Prepared textile glazings, dressings and kg. 7.5% mordants 3809 91 90 --- Other kg. 7.5% 3809 92 00 -- Of a kind used in the paper or like industries kg. 7.5% 3809 93 -- _Of a kind used in the leather or like industries :_ 3809 93 10 --- Fatty oil or pull up oil kg. 7.5% 3809 93 90 --- Other kg. 7.5% **3810** **PICKLING** **PREPARATIONS** **FOR** **METAL** **SURFACES;** ----- **SECTION-VI** **CHAPTER-38** **BRAZING OR WELDING POWDERS AND PASTES** **CONSISTING** **OF METAL** **AND** **OTHER MATERIALS;** **PREPARATIONS OF A KIND USED AS CORES OR** **COATINGS FOR WELDING ELECTRODES OR** **RODS** 3810 10 - _Pickling preparations for metal surfaces; soldering,_ _brazing or welding powders and pastes consisting_ _of metal and other materials:_ 3810 10 10 --- Pickling preparations and other soldering, kg. 7.5% brazing or welding powders or pastes 3810 10 20 --- Thermite portion for welding (alumina kg. 7.5% thermic heat generators) 3810 10 90 --- Other kg. 7.5% 3810 90 - _Other:_ 7.5% 3810 90 10 --- Preparations of a kind used as cores or kg. coatings for welding electrodes and rods 7.5% 3810 90 90 --- Other kg. **3811** **ANTI-KNOCK PREPARATIONS, OXIDATION INHIBITORS,** **GUM INHIBITORS, VISCOSITY IMPROVERS, ANTI-** **CORROSIVE PREPARATIONS AND OTHER PREPARED** **ADDITIVES, FOR MINERAL OILS (INCLUDING GASOLINE)** **OR FOR OTHER LIQUIDS** **USED** **FOR** **THE** **SAME** **PURPOSES** **AS MINERAL** **OILS** - _Anti-knock preparations :_ 3811 11 00 -- Based on lead compounds kg. 10% 3811 3811 3811 19 21 29 00 00 00 - - - Other _Additives for lubricating oils:_ Containing petroleum oils or oils obtained from bituminous minerals Other kg. kg. kg. 10% 10% 10% 3811 90 00 - Other kg. 10% **3812** **PREPARED RUBBER ACCELERATORS;** **COMPOUND** **PLASTICISERS** **FOR RUBBER OR PLASTICS,** **NOT** **ELSEWHERE** **SPECIFIED** **OR** **INCLUDED;** **ANTI-** **OXIDISING** **PREPARATIONS** **AND** **OTHER** **COMPOUND** **STABILISERS** **FOR** **RUBBER** **OR** **PLASTICS** 3812 10 00 - Prepared rubber accelerators kg. 7.5% 10% 3812 20 - _Compound plasticisers for rubber or plastics:_ 3812 20 10 --- Phthalate plasticisers kg. 7.5% 3812 20 90 --- Other kg. 7.5% - _Anti-oxidising preparations and other compound_ _stabilizers for rubber or plastics:_ 3812 31 00 -- Mixtures of oligomers of 2, 2, 4-trimethyl-1, 2- kg. 7.5% dihydroquinoline (TMQ) 3812 39 -- _Other:_ 3812 39 10 --- Anti-oxidants for rubber kg. 7.5% 3812 39 20 --- Softeners for rubber kg. 7.5% 3812 39 30 --- Vulcanizing agents for rubber kg. 7.5% 3812 39 90 --- Other kg. 7.5% **3813** **00 00** **PREPARATIONS** **AND CHARGES** **FOR FIRE-EXTINGUISHERS;** **CHARGED FIRE-EXTINGUISHING GRENADES** **3814** **ORGANIC COMPOSITE** **SOLVENTS AND** **THINNERS,** **NOT ELSEWHERE** **SPECIFIED** **OR INCLUDED;** kg. 10% ----- **SECTION-VI** **CHAPTER-38** **(1)** **(2)** **(3)** **(4)** **(5)** _elsewhere specified or included; prepared paint_ _or varnish removers :_ 3814 00 10 3814 00 20 -- -- Organic composite solvents and thinners, not elsewhere specified or included Prepared paint or varnish removers 10% 10% kg. kg. **3815** **REACTION INITIATORS, REACTION** **ACCELERATORS** **AND CATALYTIC** **PREPARATIONS, NOT ELSEWHERE SPECIFIED OR INCLUDED** _Supported catalysts :_ With nickel or nickel compounds as the active substance _With precious metal or precious metal compounds_ _as the active substance :_ Platinum or palladium catalysts with a base of activated carbon Other kg. kg. 3815 11 00 3815 12 3815 12 10 3815 12 90 - - -- -- kg. 7.5% 10% 10% 10% 7.5% 7.5% 3815 19 00 -- Other kg. 7.5% 3815 90 00 - Other kg. 7.5% **3816** **00 00** **Refractory cements, mortars, concretes and** **similar** **compositions,** **including** **dolomite** **ramming mix, other than products of heading** **3801** kg. 7.5% **3817** 3817 00 **MIXED ALKYLBENZENES AND MIXED** **ALKYLNAPHTHALENES, OTHER THAN** **THOSE** **OF** **HEADING** **2707** **OR** **2902** 3817 00 - _Mixed_ _alkylbenzenes_ _and_ _mixed_ _alkylnaphthalenes, other_ _than those of_ _heading 2707 or 2902:_ --- _Mixed_ _alkylbenzenes_ _:_ 3817 00 11 ---- Linear alkylbenzenes kg. 7.5% 3817 00 19 ---- Other kg. 7.5% 3817 00 20 --- Mixed alkylnaphthalenes kg. 7.5% **3818** **CHEMICAL** **ELEMENTS** **DOPED** **FOR** **USE** **IN** **ELECTRONICS,** **IN** **THE** **FORM** **OF** **DISCS,** **WAFERS** **OR SIMILAR FORMS;** **CHEMICAL COMPOUNDS** **DOPED FOR USE IN ELECTRONICS** 3818 00 - _Chemical elements doped for use in_ _electronics, in the form of discs, wafers or_ _similar forms; chemical compounds_ _doped_ _for use in electronics:_ 3818 00 10 --- Undefused silicon wafers kg. Free 3818 00 90 --- Other kg. Free ----- **SECTION-VI** **CHAPTER-38** **(1)** **(2)** **(3)** **(4)** **(5)** **3819** **HYDRAULIC** **BRAKE** **FLUIDS** **AND** **OTHER PREPARED** **LIQUIDS FOR HYDRAULIC TRANSMISSION,** **NOT** **CONTAINING** **OR** **CONTAINING** **LESS** **THAN** **70%** **BY** **WEIGHT OF** **PETROLEUM** **OILS** **OR** **OILS** **OBTAINED** **FROM BITUMINOUS MINERALS** 3819 00 10 --- Hydraulic brake fluids kg. 10% 3819 00 90 --- Other kg. 10% **3820** **00 00** **ANTI-FREEZING PREPARATIONS AND** **PREPARED DE-** **ICING FLUIDS** kg. 10% **3821** **00 00** **PREPARED** **CULTURE** **MEDIA** **FOR** **DEVELOPMENT** kg 7.5% **OR MAINTENANCE OF MICRO-ORGANISM** **(INCLUDING** **VIRUSES** **AND THE LIKE)** **OR OF** **PLANT HUMAN OR ANIMAL CELLS** **3822** **DIAGNOSTIC OR LABORATORY REAGENTS ON A BACKING,** **PREPARED DIAGNOSTIC OR LABORATORY REAGENTS** **WHETHER OR NOT ON A BACKING, WHETHER OR NOT PUT** **UP IN THE FORM OF KITS, OTHER THAN THOSE OF HEADING** **3006; CERTIFIED REFERENCE MATERIALS** - _[Diagnostic or laboratory reagents on a backing, ]_ _prepared diagnostic or laboratory reagents whether_ _or not on a backing, whether or not put up in the_ _form of kits:_ 3822 11 00 -- For malaria kg. 10% 3822 12 00 -- For Zika and other diseases transmitted by kg. 10% . mosquitoes of the genus Aedes 3822 13 00 -- For blood-grouping kg. 10% 3822 19 -- Other: 3822 19 10 --- Pregnancy test kit kg. 10% 3822 19 90 --- Other kg. 10% 3822 90 - _Other:_ 3822 90 10 --- Certified reference materials kg. 30% 3822 90 90 --- Other kg. 30% **3823** **INDUSTRIAL** **MONOCARBOXYLIC** **FATTY** **ACIDS;** **ACID OILS FROM REFINING;** **INDUSTRIAL FATTY** **ALCOHOLS** - _Industrial monocarboxylic_ _fatty acids; acid_ _oils from refining :_ 3823 11 00 -- Stearic acid kg. 7.5% 3823 12 00 - Oleic acid kg. 7.5% 3823 13 00 -- Tall oil fatty acids kg. 7.5% 3823 19 00 -- Other kg. 7.5% 3823 70 - _Industrial fatty alcohols:_ ----- **SECTION-VI** **CHAPTER-38** **(1)** **(2)** **(3)** **(4)** **(5)** 3823 70 20 --- Lauryl alcohol kg. 7.5% 3823 70 30 --- Oleyl alcohol kg. 7.5% 3823 70 40 --- Stearyl alcohol kg. 7.5% 3823 70 90 --- Other kg. 7.5% **3824** **PREPARED** **BINDERS** **FOR FOUNDRY** **MOULDS** **OR** **CORES;** **CHEMICAL** **PRODUCTS** **AND** **PREPARATIONS** **OF** **THE** **CHEMICAL OR ALLIED INDUSTRIES** **(INCLUDING THOSE** **CONSISTING OF MIXTURES OF NATURAL PRODUCTS), NOT** **ELSEWHERE SPECIFIED OR INCLUDED** 3824 10 00 - Prepared binders for foundry moulds kg. 7.5% kg. kg. 3824 30 00 3824 40 3824 40 10 -- or cores Non-agglomerated metal carbides mixed together or with metallic binders _Prepared additives for cements, mortars_ _or concretes:_ Damp proof or water proof compounds 7.5% 7.5% 3824 40 90 --- Other kg. 7.5% 3824 50 - _Non-refractory mortars and concretes:_ 3824 50 10 --- Concretes ready to use known as ―Ready- kg. 7.5% mix Concrete (RMC)‖ 7.5% 3824 50 90 --- Other kg. 3824 60 3824 60 10 -- _Sorbitol other than that of sub-heading_ _2905 44:_ In aqueous solution kg. 30% 3824 60 90 --- Other kg. 30% - _Goods specified in Sub-heading Note 3 to this_ _Chapter:_ 3824 81 00 -- Containing oxirane (ethylene oxide) kg. 7.5% 3824 82 00 -- Containing polychlorinated biphenyls (PCBs), kg. 7.5% polychlorinated terphenyls (PCTs) or poly brominated biphenyls (PBBs) 3824 83 00 -- Containing tris(2, 3-dibromopropyl) phosphate kg. 7.5% 3824 84 00 -- Containing aldrin (ISO), camphechlor (ISO) kg. 7.5% (toxaphene), chlordane (ISO), chlordecone (ISO), DDT (ISO) (clofenotane (INN), 1, 1, 1- trichloro-2, 2-bis(p-chlorophenyl)ethane), dieldrin (ISO, INN), endosulfan (ISO), endrin (ISO), heptachlor (ISO) or mirex (ISO) 3824 85 00 -- Containing 1, 2, 3, 4, 5, 6-hexachlorocyclohexane kg. 7.5% (HCH (ISO)), including lindane (ISO, INN) 3824 86 00 -- Containing pentachlorobenzene (ISO) or hexach- kg. 7.5% lorobenzene (ISO) 3824 87 00 -- Containing perfluorooctane sulphonic acid, its salts, kg. 7.5% perfluorooctane sulphonamides, or perfluorooctane sulphonylfluoride 3824 88 00 -- Containing tetra-, penta-, hexa-, hepta- or octabromo- kg. 7.5% diphenyl ethers ----- 3824 91 00 -- Mixtures and preparations consisting mainly kg. 7.5% of (5-ethyl-2-methyl-2-oxido-1, 3, 2-dioxa phosphinan-5-yl)methyl methyl methylphosphonate and bis[(5-ethyl-2-methyl-2-oxido-1, 3, 2 7.5% 3824 92 00 - dioxaphosphinan-5-yl) methyl] methylphosphonate: Polyglycol esters of methylphosphonic acid kg. 3824 99 00 -- Other kg. 17.5% **3825** **RESIDUAL** **PRODUCTS** **OF** **THE** **CHEMICAL** **OR** **ALLIED** **INDUSTRIES,** **NOT ELSEWHERE SPECIFIED OR** **INCLUDED;** **MUNICIPAL WASTE;** **SEWAGE SLUDGE;** **OTHER** **WASTES** **SPECIFIED** **IN** **NOTE** **6** **TO** **THIS** **CHAPTER** 3825 10 00 - Municipal waste kg. 10% 3825 20 00 - Sewage sludge kg. 10% 3825 30 00 - Clinical waste kg. 10% - _Waste_ _organic_ _solvents:_ 3825 41 00 -- Halogenated kg. 10% 3825 49 00 -- Other kg. 10% 3825 50 00 - Wastes of metal pickling liquors, hydraulic kg. 10% fluids, brake fluids and anti-freeze fluids - _Other wastes from chemical or allied industries:_ 3825 61 00 -- Mainly containing organic constituents kg. 10% 3825 69 00 -- Other kg. 10% 3825 90 00 - Other kg. 10% **3826 00 00** **BIODIESEL AND MIXTURES THEREOF, NOT CONTAINING OR** **CONTAINING LESS THAN 70 % BY WEIGHT OF PETROLEUM** **OILS AND OILS OBTAINED FROM BITUMINOUS MINERALS** kg. 10% **3827** **MIXTURES CONTAINING HALOGENATED DERIVATIVES OF** **METHANE,** **ETHANE** **OR** **PROPANE,** **NOT** **ELSEWHERE** **SPECIFIED OR INCLUDED** - _Containing chlorofluorocarbons_ (CFCs), whether or _not containing hydrochlorofluorocarbons_ (HCFCs), _perfluorocarbons_ (PFCs) _or hydrofluorocarbons_ (HFCs); _containing_ _hydrobromofluorocarbons_ (HBFCs); _containing_ _carbon_ _tetrachloride;_ _containing_ _1,1,1-trichloroethane_ (methyl _chloroform):_ 3827 11 00 -- Containing chlorofluorocarbons (CFCs), whether or kg. 7.5% not containing hydrochlorofluorocarbons (HCFCs), perfluorocarbons (PFCs) or hydrofluorocarbons (HFCs) 3827 12 00 -- Containing hydrobromofluorocarbons (HBFCs) kg. 7.5% 3827 13 00 -- Containing carbon tetrachloride kg. 7.5% 3827 14 00 -- Containing 1,1,1-trichloroethane (methyl chloroform) 3827 20 00 - Containing bromochlorodifluoromethane (Halon 1211), bromotrifluoromethane (Halon-1301) or dibromotetrafluoroethanes (Halon- 2402) - _Containing hydrochlorofluorocarbons (HCFCs),_ _whether or not containing perfluorocarbons (PFCs)_ _or hydrofluorocarbons (HFCs), but not containing_ _chlorofluorocarbons (CFCs):_ kg. 7.5% kg. 7.5% ----- 3827 32 00 -- Other, containing substances of sub-headings 2903 kg. 7.5% 71 to 2903 75 3827 39 00 -- Other kg. 7.5% 3827 40 00 - Containing methyl bromide (bromomethane) or kg. 7.5% bromochloromethane - _Containing trifluoromethane (HFC-23) or_ _perfluorocarbons (PFCs) but not containing_ _chlorofluorocarbons (CFCs) or_ _hydrochlorofluorocarbons (HCFCs):_ 3827 51 00 -- Containing trifluoromethane (HFC-23) kg. 7.5% 3827 59 00 -- Other kg. 7.5% - _Containing other hydrofluorocarbons (HFCs) but not_ _containing chlorofluorocarbons (CFCs) or_ _hydrochlorofluorocarbons (HCFCs):_ 3827 61 00 -- Containing 15% or more by mass of 1,1,1- kg. 7.5% trifluoroethane (HFC-143a) 3827 62 00 -- Other, not included in the sub-heading above, kg. 7.5% containing 55% or more by mass of pentafluoroethane (HFC-125) but not containing unsaturated fluorinated derivatives of acyclic hydrocarbons (HFOs) 3827 63 00 -- Other, not included in the sub-headings above, kg. 7.5% containing 40% or more by mass of pentafluoroethane (HFC-125) 3827 64 00 -- Other, not included in the sub-headings above, kg. 7.5% containing 30% or more by mass of 1,1,1,2tetrafluoroethane (HFC-134a) but not containing unsaturated fluorinated derivatives of acyclic hydrocarbons (HFOs) 3827 65 00 -- Other, not included in the sub-headings above, kg. 7.5% containing 20% or more by mass of difluoromethane (HFC-32) and 20% or more by mass of pentafluoroethane (HFC-125) 3827 68 00 -- Other, not included in the sub-headings above, kg. 7.5% containing substances of sub-headings 2903 41 to 2903 48 3827 69 00 -- Other kg. 7.5% 3827 90 00 - Other kg. 7.5% ----- **SECTION-VII** **CHAPTER-39** **SECTION VII** **PLASTICS AND ARTICLES THEREOF; RUBBER AND ARTICLES THEREOF** **NOTES** : 1. Goods put up in sets consisting of two or more separate constituents, some or all of which fall in this Section and are intended to be mixed together to obtain a product of Section VI or VII, are to be classified in the heading appropriate to that product, provided that the constituents are : (a) having regard to the manner in which they are put up, clearly identifiable as being intended to be used together without first being repacked; (b) presented together; and (c) identifiable, whether by their nature or by the relative proportions in which they are present, as being complementary one to another. 2. Except for the goods of heading 3918 or 3919, plastics, rubber, and articles thereof, printed with motifs, characters or pictorial representations, which are not merely subsidiary to the primary use of the goods, fall in Chapter 49. **CHAPTER** **39** **_Plastics and articles thereof_** **NOTES** : 1. Throughout this Schedule, the expression ―plastics‖ means those materials of headings 3901 to 3914 which are or have been capable, either at the moment of polymerisation or at some subsequent stage, of being formed under external influence (usually heat and pressure, if necessary with a solvent or plasticiser) by moulding, casting, extruding, rolling or other process into shapes which are retained on the removal of the external influence. Throughout this Schedule any reference to ―plastics‖ also includes vulcanised fibre. The expression, however, does not apply to materials regarded as textile materials of Section XI. 2. This Chapter does not cover: (a) lubricating preparations of heading 2710 or 3403; (b) waxes of heading 2712 or 3404; (c) separate chemically defined organic compounds (Chapter 29); (d) heparin or its salts (heading 3001); (e) solutions (other than collodions) consisting of any of the products specified in headings 3901 to 3913 in volatile organic solvents when the weight of the solvent exceeds 50% of the weight of the solution (heading 3208); stamping foils of heading 3212; (f) organic surface-active agents or preparation of heading 3402; (g) run gums or ester gums (heading 3806); (h) prepared additives for mineral oils (including gasoline) or for other liquids used for the same purposes as mineral oils (heading 3811); ----- **SECTION-VII** **CHAPTER-39** _(ij) prepared hydraulic fluids based on polyglycols, silicones or other polymers of Chapter 39_ (heading 3819); _(k)_ diagnostic or laboratory reagents on a backing of plastics (heading 3822); _(l)_ synthetic rubber, as defined for the purpose of Chapter 40, or articles thereof; _(m)_ saddlery or harness (heading 4201) or trunks, suit-cases, hand-bags or other containers of heading 4202; _(n)_ plaits, wickerwork or other articles of Chapter 46; _(o)_ wall coverings of heading 4814; _(p)_ goods of Section XI (textiles and textile articles); _(q)_ articles of Section XII (for example, footwear, headgear, umbrellas, sun umbrellas, walking sticks, whips, riding-crops or parts thereof); _(r)_ imitation jewellery of heading 7117; _(s)_ articles of Section XVI (machines and mechanical or electrical appliances); _(t)_ parts of aircraft or vehicles of Section XVII; _(u)_ articles of Chapter 90 (for example, optical elements, spectacle frames, drawing instruments); _(v)_ articles of Chapter 91 (for example, clock or watch cases); _(w)_ articles of Chapter 92 (for example, musical instruments or parts thereof); _(x)_ articles of Chapter 94 (for example, furniture, luminaires and lighting fittings, illuminated signs,prefabricated buildings); _(y)_ articles of Chapter 95 (for example, toys, games, sports requisites); or _(z)_ articles of Chapter 96 (for example, brushes, buttons, slide fasteners, combs, mouth-pieces or stems for smoking pipes, cigarette-holders or the like, parts of vacuum flasks or the like, pens, propelling pencils and monopods, bipods, tripods and similar articles). 3. Headings 3901 to 3911 apply only to goods of a kind produced by chemical synthesis, falling in the followingcategories: (a) liquid synthetic polyolefins of which less than 60% by volume distils at 300[0]C, after conversion to 1,013 millibars when a reduced pressure distillation method is used (headings 3901 and 3902); (b) resins, not highly polymerised, of the coumarone-indene type (heading 3911); (c) other synthetic polymers with an average of at least 5 monomer units; (d) silicones (heading 3910); (e) resols (heading 3909) and other prepolymers. 4. The expressions ―copolymers‖ covers all polymers in which no single monomer unit contributes 95% or more by weight to the total polymer content. For the purposes of this Chapter, except where the context otherwise requires, copolymers (including co-polycondensates, co-polyaddition products, block copolymers and graft copolymers) and polymer bends are to be classified in the heading covering polymers of that comonomer unit which predominates by weight over every other single comonomer unit. For the purposes of this Note, constituent comonomer units of ----- **SECTION-VII** **CHAPTER-39** polymers falling in the same heading shall be taken together. If no single comonomer unit predominates, copolymers or polymer blends, as the case may be, are to be classified in the heading which occurs last in numerical order among those which equally merit consideration. 5. Chemically modified polymers, that is those in which only appendages to the main polymer chain have been changed by chemical reaction, are to be classified in the heading appropriate to the unmodified polymer. This provision does not apply to graft copolymers. 6. In headings 3901 to 3914, the expression ―primary forms‖ applies only to the following forms: (a) liquids and pastes, including dispersions (emulsions and suspensions) and solutions; (b) blocks of irregular shape, lumps, powders (including moulding powders), granules, flakes and similar bulk forms. 7. Heading 3915 does not apply to waste, parings and scrap of a single thermoplastic material, transformed into primary forms (headings 3901 to 3914). 8. For the purposes of heading 3917, the expression ―tubes, pipes and hoses‖ means hollow products, whether semi-manufactures or finished products, of a kind generally used for conveying, conducting or distributing gases or liquids (for example, ribbed garden hose, perforated tubes). This expression also includes sausage casings and other lay-flat tubing. However, except for the last-mentioned, those having an internal cross-section other than round, oval, rectangular (in which the length does not exceed 1.5 times the width) or in the shape of a regular polygon are not to be regarded as tubes, pipes and hoses but as profile shapes. 9. For the purposes of heading 3918, the expression ―wall or ceiling coverings of plastics‖ applies to products in rolls, of a width not less than 45 cm, suitable for wall or ceiling decoration, consisting of plastics fixed permanently on a backing of any material other than paper, the layer of plastics (on the face side) being grained, embossed, coloured, design-printed or otherwise decorated. 10. In headings 3920 and 3921, the expression ―plates, sheets, film foil and strip‖ applies only to plates, sheets, film, foil and strip (other than those of Chapter 54) and to blocks of regular geometric shape, whether or not printed or otherwise surface-worked, uncut or cut into rectangles (including squares) but not further worked (even if when so cut they become articles ready for use). 11. Heading 3925 applies only to the following articles, not being products covered by any of the earlier headings of sub-Chapter II: (a) reservoirs, tanks (including septic tanks), vats and similar containers, of a capacity exceeding 300 l; (b) structural elements used, for example, in floors, walls or partitions, ceilings or roofs; (c) gutters and fittings thereof; (d) doors, windows and their frames and thresholds for doors; (e) balconies, balustrades, fencing, gates and similar barriers ; (f) shutters, blinds (including Venetian blinds) and similar articles and parts and fittings thereof; (g) large scale shelving for assembly and permanent installation, for example, in shops, workshops, warehouses; (h) ornamental architectural features, for example, flutings, cupolas, dovecotes; and (ij) fittings and mountings intended for permanent installation in or on doors, windows, staircases, walls or other parts of buildings, for example, knobs, handles, hooks, brackets, towel rails, switch-plates ----- **SECTION-VII** **CHAPTER-39** and other protective plates. **SUB-HEADING** **NOTES** **:** 1. Within any one heading of this Chapter, polymers (including copolymers) and chemically modified polymers are to be classified according to the following provisions: (a) where there is a sub-heading named ―Other‖ in the same series: (1) the designation in a sub-heading of a polymer by the prefix ―poly‖ (for exemple polyethylene and polyamide –6,6) means that the constituent monomer unit or monomer units of the named polymer taken together must contribute 95% or more by weight of the total polymer content; (2) the copolymers named in sub-headings 3901 30, 3901 40, 3903 20, 3903 30, and 3904 30 are to be classified in those sub-headings, provided that the comonomer units of the named copolymers contribute 95% or more by weight of the total polymer content; (3) chemically modified polymer are to be classified in the sub-heading named ―Other‖, provided that the chemically modified polymers are not more specifically covered by an other subheading; (4) polymers not meeting (1), (2) or (3) above, are to be classified in the sub-heading, among the remainingsub-headings in the series, covering polymers of that monomer unit which predominates by weight over every other single comonomer unit. For this purpose, constituent monomer units of polymers falling in the same sub-heading shall be taken together. Only the constituent comonomer units of the polymers in the series of sub-headings under consideration are to be compared; (b) where there is no sub-heading named ―Other‖ in the same series: (1) polymers are to be classified in the sub-heading covering polymers of that monomer unit which predominates by weight over every other single comonomer unit. For this purpose, constituent monomer units of polymers falling in the same sub-heading shall be taken together. Only the constituent comonomer units of the polymers in the series under consideration are to be compared; (2) chemically modified polymers are to be classified in the sub-heading appropriate to the unmodified polymer. Polymer blends are to be classified in the same sub-heading as polymers of the same monomer units in the same proportions. 2. For the purposes of sub-heading 3920 43, the term ―plasticisers‖ includes secondary plasticisers. **Supplementary Note:** 1. In this Chapter, reference to any standard of the Bureau of Indian Standards refers to the last published version of that standard. **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard** **Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **3901** **I.** **PRIMARY** **FORMS** **POLYMERS** **OF** **ETHYLENE,** **IN** **PRIMARY** **FORMS** 3901 10 _P l_ _h l_ _h_ _i_ _ifi_ _i_ _f_ ----- **SECTION-VII** **CHAPTER-39** 3901 10 10 --- Linear low density polyethylene (LLDPE), kg. 7.5% in which ethylene monomer unit contributes 95 % or more by weight of the total polymer content 3901 10 20 --- Low density polyethylene (LDPE) kg. 7.5% 3901 10 90 --- Other kg. 7.5% 3901 20 00 - Polyethylene having a specific gravity of kg. 7.5% 3901 10 20 -- 0.94 or more 3901 30 00 - Ethylene-vinyl acetate copolymers 3901 40 - Ethylene-alpha-olefin copolymers, having a 3901 30 00 3901 30 00 - Ethylene-vinyl acetate copolymers kg. 7.5% 3901 40 - Ethylene-alpha-olefin copolymers, having a specific gravity of less than 0.94: 3901 40 10 --- Linear low density polyethylene (LLDPE), in kg. 7.5% which ethylene monomer unit contributes less than 95 % by weight of the total polymer content 3901 40 90 --- Other kg. 7.5% 3901 90 00 - Other kg. 7.5% **3902** **POLYMERS** **OF** **PROPYLENE** **OR** **OF** **OTHER** **OLEFINS,** **IN PRIMARY FORMS** 3902 10 00 - Polypropylene kg. 7.5% 3902 20 00 - Poly iso butylene kg. 7.5% 3902 30 00 - Propylene copolymers kg. 7.5% 3902 90 00 - Other kg. 7.5% **3903** **POLYMERS** **OF** **STYRENE,** **IN** **PRIMARY** **FORMS** _Polystyrene:_ 3903 11 00 -- Expansible kg. 7.5% 3903 19 -- Other : 3903 19 10 --- Moulding Powder kg. 7.5% 3903 19 90 --- Other kg. 7.5% 3903 20 00 - Styrene-acrylonitrile (SAN) copolymers kg. 7.5% 3903 30 00 - Acrylonitrile-butadine-styrene (ABS) kg. 7.5% copolymers _Other :_ 3903 90 10 --- Copolymers, solely of styrene with allyl kg. 7.5% 3903 90 20 -- alcohol, of any acetyl value of 175 or more Brominated polystyrene, containing by weight 58% or more but not more than 71% of bromine, in one of the forms mentioned in Note 6(b) to this Chapter kg. 7.5% 3903 90 90 --- Other kg. 7.5% **3904** **POLYMERS** **OF** **VINYL** **CHLORIDE** **OR** **OF** **OTHER** 3904 10 **HALOGENATED OLEFINS,** **IN PRIMARY FORMS** _Poly_ _(vinyl_ _chloride),_ _not_ _mixed_ _with_ _any_ _other_ _substances:_ ----- **SECTION-VII** **CHAPTER-39** **(1)** **(2)** **(3)** **(4)** **(5)** 3904 10 10 --- Emulsion grade PVC resin / PVC Paste kg. 10% resin/ PVC dispersion resin 3904 10 20 --- Suspension grade PVC resin kg. 10% 3904 10 90 --- Other kg. 10% _-_ _Other poly (vinyl chloride),_ _mixed with other substances:_ 3904 21 00 -- Non-plasticised kg. 10% 3904 22 00 -- Plasticised kg. 10% 3904 30 - _Vinyl_ _chloride-vinyl_ _acetate_ _copolymers_ 3904 30 10 --- Poly (vinyl derivatives) kg. 10% 3904 30 90 --- Other kg. 10% 3904 40 00 - Other vinyl chloride copolymers kg. 10% 3904 50 - Vinylidene chloride polymers : 3904 50 10 3904 50 90 3904 61 00 3904 69 10 3904 69 90 3904 50 10 --- Copolymer of vinylidene chloride with a kg. 10% crylonitrite, in the form of expansible beads of a diameter of 4 micrometers or more but not more than 20 micrometers 3904 50 90 --- Other kg. 10% - _Fluro-polymers :_ 3904 61 00 -- Polytetrafluroethylene kg. 10% -- _Other :_ 3904 69 10 --- Poly (vinyl fluoride), in one of the forms kg. 10% mentioned in Note 6(b) to this Chapter 3904 69 90 --- Other kg. 10% 3904 90 - Other: 3904 90 10 --- Chlorinated poly vinyl chloride (CPVC) resin kg. 10% 3904 90 90 --- Other kg. 10% **3905** **POLYMERS** **OF** **VINYL** **ACETATE** **OR** **OF** **OTHERVINYL** **ESTERS,** **IN** **PRIMARY FORMS;** **OTHER VINYL** **POLYMERS IN PRIMARY FORMS** - _Poly (vinyl acetate) :_ 3905 12 -- _In aqueous dispersion:_ 3905 12 10 --- Poly (vinyl acetate) (PVA), moulding material kg. 7.5% 3905 12 20 --- Poly (vinyl acetate) resins kg. 7.5% 3905 12 90 --- Other kg. 7.5% -- -- - - -- -- 3905 12 - ----- **SECTION-VII** **CHAPTER-39** **(1)** **(2)** **(3)** **(4)** **(5)** 3905 19 -- Other : 3905 19 10 --- Poly (vinyl acetate) (PVA) moulding material kg. 7.5% 3905 19 20 --- Poly (vinyl acetate) and resins kg. 7.5% 3905 19 90 --- Other kg. 7.5% _Vinyl acetate copolymers :_ In aqueous dispersion kg. 3905 21 00 - 7.5% 3905 29 00 -- Other kg. 7.5% 3905 30 00 -- Poly (vinyl alcohol), whether or not containing kg. 7.5% unhydrolysed acetate groups - _Other :_ 3905 91 00 -- Copolymers kg. 7.5% 3905 99 -- Other : 3905 99 10 --- Poly (vinyl pirolidone) (p alcohol) kg. 7.5% 3905 99 90 --- Other kg. 7.5% **3906** **ACRYLIC** **POLYMERS** **IN** **PRIMARY** **FORMS** ### - Poly (methyl methacrylate): 3906 10 10 --- Binders for pigments or inks kg. 7.5% 3906 10 90 --- Other kg. 7.5% 3906 90 - _Other :_ 3906 90 40 --- Poly (acrylic acid) kg. 7.5% 3906 90 50 --- Polyacrylonitrile (PAN) kg. 7.5% 3906 90 60 --- Copolymers of acrylonitrile kg. 7.5% 3906 90 70 --- Sodium polyacrylate kg. 5% 3906 90 90 --- Other kg. 7.5% **3907** **POLYACETALS,** **OTHER** **POLYETHERS** **AND** **EPOXIDE** **RESINS,** **IN PRIMARY FORMS;** **POLYCARBONATES,** **ALKYD RESINS, POLYALLYLESTERS AND OTHER** **POLYESTERS,** **IN PRIMARY FORMS** 3907 10 00 - Polyacetals kg. 7.5% - _Other polyethers:_ 3907 21 00 -- Bis(polyoxyethylene) methylphosphonate kg. 7.5% 3907 29 -- _Other:_ 3907 29 10 --- Poly(ether alcohols) kg. 7.5% 3907 29 90 --- Other kg. 7.5% 3907 30 - _Epoxide_ _resins :_ 3907 30 10 --- Epoxy resins kg. 7.5% 3907 30 90 --- Other kg. 7.5% 3907 40 00 - Polycarbonates kg. 7.5% 3907 50 00 - Alkyd resins kg. 7.5% _- Poly_ _(ethylene_ _terephthalate)_ _:_ 3907 61 -- Having a viscosity number of 78 ml/g or higher: 3907 61 10 --- PET flake (chip) kg. 7.5% 3907 61 90 --- Other primary form kg. 7.5% ----- **SECTION-VII** **CHAPTER-39** **(1)** **(2)** **(3)** **(4)** **(5)** 3907 69 -- _Other:_ 3907 69 30 --- PET flake (chip) kg. 7.5% 3907 69 90 --- Other primary form kg. 7.5% 3907 70 00 - Poly (Lactic Acid) kg. 7.5% - _Other_ _polyesters :_ 3907 91 -- Unsaturated : 3907 91 10 --- Maleic resins kg. 7.5% 3907 91 20 --- Polyester or contract resins kg. 7.5% 3907 91 30 --- Fumeric resins kg. 7.5% 3907 91 40 --- Diallylphthalate resins kg. 7.5% 3907 91 50 --- Poly (butylene terepthalate) kg. 7.5% 3907 91 90 --- Other kg. 7.5% 3907 99 00 -- Other kg. 7.5% **3908** **POLYAMIDES** **IN** **PRIMARY** **FORMS** 3908 10 - _Polyamide_ _-6,_ _-11,-12,_ _-6,_ _6,_ _-6, 9, -6, 10 or_ _-6,12:_ --- Polyamide -6 (Nylon-6): 3908 10 11 ---- Flake (chip) kg. 10% 3908 10 19 3908 10 21 3908 10 29 3908 10 31 3908 10 39 3908 10 41 3908 10 49 3908 10 51 3908 10 59 3908 10 61 3908 10 69 3908 10 71 --- -- --- --- -- --- --- -- --- --- -- --- --- -- --- --- -- --- Other primary form Polyamide -11 (Nylon-11): Flake (chip) Other primary form Polyamide -12 (Nylon-12): Flake (chip) Other primary form Polyamide -6,6 (Nylon-6,6): Flake(chip) Other primary form Polyamide -6,9 (Nylon-6,9): Flake (chip) Other primary form Polyamide -6,10 (Nylon-6,10): Flake (chip) Other primary form Polyamide -6,12 (Nylon-6,12): Flake (chip) kg. kg. kg. kg. kg. kg. kg. kg. kg. kg. kg. kg. 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 3908 10 79 ---- Other primary form kg. 10% 3908 90 00 - Other kg. 10% **3909** **AMINO-RESINS,** **PHENOLIC** **RESINS** **AND** **POLYURETHANES, IN PRIMARY FORMS** 3909 10 - _Urea_ _resins;_ _thiourea_ _resins_ _:_ 3909 10 10 --- Urea formaldehyde resins kg. 7.5% 3909 10 90 --- Other kg. 7.5% ----- **SECTION-VII** **CHAPTER-39** **(1)** **(2)** **(3)** **(4)** **(5)** 3909 20 - _Melamine resins :_ 3909 20 10 --- Melamine formaldehyde resins kg. 7.5% 3909 20 90 --- Other kg. 7.5% - _Other_ _amino-resins:_ 3909 31 00 -- Poly(methylene phenyl isocyanate) (crude MDI, kg. 7.5% polymeric MDI) 3909 39 -- _Other:_ 3909 39 10 --- Poly(phenylene oxide) kg. 7.5% 3909 39 90 --- Other kg. 7.5% 3909 40 - _Phenolic resins :_ 3909 40 10 --- Cresol formaldehyde oxide kg. 7.5% 3909 40 20 --- Phenol formaldehyde resins kg. 7.5% 3909 40 30 --- Alkyl phenol-formaldehyde resins kg. 7.5% 3909 40 40 --- Ketonic resins kg. 7.5% 3909 40 50 --- Phenoxi resins kg. 7.5% 3909 40 60 --- Terpene phenolic resins kg. 7.5% 3909 40 90 --- Other kg. 7.5% 3909 50 00 - Polyurethanes kg. 7.5% **3910** **SILICONES** **IN** **PRIMARY** **FORMS** 3910 00 - Silicones in primary forms 3910 00 10 --- Silicone resins kg. 7.5% 3910 00 20 **--- Silicone oil** kg. 7.5% 3910 00 90 --- Other kg. 7.5% **3911** **PETROLEUM** **RESINS, COUMARONE-INDENE** **RESINS,** **POLYTERPENES,** **POLYSULPHIDES,** **POLYSULPHONES AND OTHER PRODUCTS** **SPECIFIED IN NOTE** **3** **TO** **THIS** **CHAPTER,** **NOT** **ELSEWHERE** **SPECIFIED** **OR** **INCLUDED,** **IN PRIMARY FORMS** 3911 10 - _Petroleum resins, coumarone-indene or_ _coumarone, indene resins and polyterpenes:_ 3911 10 10 --- Coumarone-indene resins kg. 7.5% 3911 10 90 --- Other kg. 7.5% 3911 20 00 - Poly (1,3-phenylene methylphosphonate) kg. 7.5% 3911 90 - _Other :_ 3911 90 10 --- Polysulphones kg. 7.5% 3911 90 90 --- Other kg. 7.5% **3912** **CELLULOSE** **AND ITS CHEMICAL** **DERIVATIVES,** **NOT ELSEWHERE SPECIFIED OR INCLUDED,** **IN PRIMARY FORMS** - _Cellulose acetates :_ 3912 11 -- _Non-plasticised:_ 3912 11 10 --- Cellulose acetate flakes kg. 7.5% ----- **SECTION-VII** **CHAPTER-39** **(1)** **(2)** **(3)** **(4)** **(5)** 7.5% 3912 11 20 --- Cellulose acetate moulding powder kg. 3912 11 30 --- Cellulose acetobutyrate moulding powder kg. 7.5% 3912 11 40 --- Cellulose nitrate, dynamic grade kg. 7.5% 3912 11 90 --- Other kg. 7.5% 3912 12 -- Plasticised : 3912 12 10 --- Cellulose acetate flakes kg. 7.5% 3912 12 20 --- Cellulose acetate moulding powder kg. 7.5% 3912 12 30 --- Cellulose acetobutyrate moulding powder kg. 7.5% 3912 12 90 --- Other kg. 7.5% 3912 20 - _Cellulose nitrates (including collodions):_ -- _Non-plasticised:_ 3912 20 11 ---- Moulding powders kg. 7.5% 3912 20 19 ---- Other kg. 7.5% --- _Plasticised :_ 3912 20 21 ---- Moulding powders kg. 7.5% 3912 20 29 ---- Other kg. 7.5% - _Cellulose ethers:_ 3912 31 00 -- Carboxymethyl cellulose and its salts kg. 7.5% 3912 39 -- _Other :_ _-_ --- _Non-plascised:_ 3912 39 11 ---- Ethylcellulose kg. 7.5% 3912 39 12 ---- Methylcellulose kg. 7.5% 3912 39 19 3912 39 21 --- -- --- Other cellulose ethers _Plasticised:_ Ethyl cellulose kg. kg. 7.5% 7.5% 3912 39 22 ---- Methyl cellulose kg. 7.5% 3912 39 29 ---- Other cellulose ether kg. 7.5% 3912 90 - _Other:_ 3912 90 10 3912 90 20 -- **_---_** Cellulose propionate and aceto propionate, non-plasticised Viscose sponge kg. kg. 7.5% 7.5% 3912 90 90 --- Other kg. 7.5% **3913** **NATURAL POLYMERS (FOR EXAMPLE, ALGINIC ACID)** **AND MODIFIED NATURAL POLYMERS (FOR EXAMPLE,** **HARDENED PROTEINS,** **CHEMICAL DERIVATIVES** **OF NATURAL RUBBER),** **NOT ELSEWHERE SPECIFIED** **OR INCLUDED,** **IN PRIMARY FORMS** 3913 10 - _Alginic_ _acid, its salts_ _and_ _esters_ _:_ 3913 10 10 --- Sodium alginate kg. 7.5% 3913 10 90 --- Other kg. 7.5% 3913 90 - _Other :_ --- _Chemical derivatives_ _of_ _natural_ _rubber:_ 3913 90 11 ---- Chlorinated rubber kg. 7.5% 3913 90 19 ---- Other kg. 7.5% ----- **SECTION-VII** **CHAPTER-39** **(1)** **(2)** **(3)** **(4)** **(5)** 3913 90 20 --- Hardened proteins (such as hardened casein, kg. 7.5% gelatin) 3913 90 30 --- Dextran kg. 7.5% 3913 90 90 --- Other kg. 7.5% **3914** **ION–EXCHANGERS** **BASED** **ON** **POLYMERS** **OF** **HEADINGS** **3901** **TO** **3913,** **IN** **PRIMARY** **FORMS** 3914 00 - _Ion–exchangers_ _based_ _on polymers_ _of_ _headings_ _3901_ _to 3913,_ _in_ _primary_ _forms:_ 3914 00 10 --- Ion-exchangers of the condensation, kg. 7.5% polycondensation or polyaddition type 3914 00 20 --- Ion-exchangers of polymerisation or kg. 7.5% co-polymerisation type 3914 00 90 --- Other kg. 7.5% **3915** **II. –WASTE,** **PARINGS AND SCRAP;** **SEMI-MANUFACTURES; ARTICLES** **WASTE,** **PARINGS** **AND** **SCRAP,** **OF** **PLASTICS** 3915 10 00 - Of polymers of ethylene kg. 7.5% 3915 20 00 - Of polymers of styrene kg. 7.5% 3915 30 - _Of polymers_ _of_ _vinyl_ _chloride:_ 3915 30 10 --- Of copolymers of vinyl chloride kg. 7.5% 3915 30 90 --- Other kg. 7.5% 3915 90 - _Of other_ _plastics_ _:_ 3915 90 10 --- Of polypropylene kg. 7.5% --- _Of polymers_ _of_ _vinyl_ _acetate_ _:_ 3915 90 21 ---- Of copolymers of vinyl acetate kg. 7.5% 3915 90 29 ---- Other kg. 7.5% 3915 90 30 --- Of acrylic polymers and methlyacrylic kg. 7.5% copolymers --- _Of alkyds, polyesters and_ _epoxide resins :_ 3915 90 41 ---- Of alkyds and polyesters kg. 7.5% 3915 90 42 ---- Of pet bottles kg. 7.5% 3915 90 49 ---- Of epoxide resins kg. 7.5% 3915 90 50 --- Of polyamides kg. 7.5% --- _Of amino_ _resins; phenolic resins_ _and_ _polyurethanes_ _:_ 3915 90 61 ---- Of phenoplast kg. 7.5% 3915 90 62 ---- Of aminoplast kg. 7.5% 3915 90 63 ---- Of polyurethanes kg. 7.5% --- _Of cellulose_ _and_ _its_ _chemical derivatives:_ 3915 90 71 ---- Of regenerated cellulose kg. 7.5% 3915 90 72 ---- Cellulose plastic waste such as cellulose kg. 7.5% nitrate film scrap non-plasticised 3915 90 73 ---- Cellulose plastic waste such as cellulose kg. 7.5% ----- **SECTION-VII** **CHAPTER-39** **(1)** **(2)** **(3)** **(4)** **(5)** nitrate film scrap plasticised 3915 90 74 ---- Cellulose plastic waste such as cellulose kg. 7.5% acetatc film scrap non-plasticised 3915 90 75 ---- Cellulose plastic waste such as cellulose kg. 7.5% 3915 90 79 --- 3915 90 79 ---- Others kg. 7.5% 3915 90 90 --- Other kg. 7.5% **3916** **MONOFILAMENT** **OF** **WHICH** **ANY** **CROSS-** **SECTIONAL DIMENSION EXCEEDS** **1MM,** **RODS,** **STICKS** **AND** **PROFILE** **SHAPES,** **WHETHER** **OR** **NOT** **SURFACE-WORKED** **BUT** **NOT** **OTHERWISE** **WORKED,** **OF PLASTICS** 3916 10 - _Of polymers_ _of ethylene:_ 3916 10 10 --- Rods of polyethylene kg. 10% 3916 10 20 --- Canes kg. 10% 3916 10 90 --- Other kg. 10% 3916 20 - _Of polymers_ _of vinyl_ _chloride:_ --- _Of poly (vinyl chloride) copolymers :_ 3916 20 11 ---- Canes kg. 10% 3916 20 19 ---- Other kg. 10% --- _Other:_ 3916 20 91 ---- Canes kg. 10% 3916 20 99 ---- Other kg. 10% 3916 90 - _Of other_ _plastics_ _:_ 3916 90 10 --- Canes kg. 10% --- _Of phenoplast,_ _aminoplast,_ _alkyds_ _and_ _Polyesters,_ _polyamides,_ _polyurethanes,_ _epoxide-resins (including waste and scrap),_ _polypropylene_ _and acrylic,_ _methacrylic_ _and_ _acrylomethacrylic_ _polymers :_ 3916 90 21 ---- Of phenoplast kg. 10% 3916 90 22 ---- Of aminoplast kg. 10% 3916 90 23 ---- Of alkyds and polysters kg. 10% 3916 90 24 ---- Of polyamides kg. 10% 3916 90 25 ---- Of polyurethanes kg. 10% 3916 90 26 ---- Of epoxide-resins (including waste and scrap) kg. 10% 3916 90 27 ---- Of polypropylene kg. 10% 3916 90 28 ---- Of acrylicmethacrylic and acrylomethacrylic kg. 10% polymers --- _Of polymerisation_ _and copolymerisation_ _products of polystyrene and polymethyl_ _methacrylate :_ 3916 90 31 ---- Of polymerisation and copolymerisation kg. 10% products of polystyrene 3916 90 32 ---- Of polymethyl methacrylate kg. 10% acetatc film scrap plasticized Others kg. ----- **SECTION-VII** **CHAPTER-39** **(1)** **(2)** **(3)** **(4)** **(5)** 3916 90 40 --- Of regenerated cellulose kg. 10% 3916 90 50 --- Of cellulose nitrate and celluloid, whether kg. 10% or not plasticized 3916 90 60 --- Of vulcanized fibre kg. 10% 3916 90 70 --- Of cellulose acetate and acetate butyrate, kg. 10% whether or not plasticized 3916 90 80 --- Of vinyl plastic kg. 10% 3916 90 90 --- Of other polymerisation and kg. 10% copolymerisation products **3917** **TUBES,** **PIPES** **AND** **HOSES,** **AND** **FITTINGS** **THEREFOR** **(FOR EXAMPLE,** **JOINTS,** **ELBOWS,** **FLANGES),** **OF PLASTICS** - _Artificial guts (sausage casings) of_ _hardened protein or of_ _cellulosic materials:_ 3917 10 10 --- Of hardened protein kg. 10% 3917 10 20 --- Of cellulosic materials kg. 10% - _Tubes, pipes and hoses, rigid :_ 3917 21 -- Of polymers _of ethylene:_ 3917 21 10 --- Tubes of polyethylene kg. 10% 3917 21 90 --- Other kg. 10% 3917 22 00 -- Of polymers of propylene kg. 10% 3917 23 -- _Of polymers_ _of_ _vinyl_ _chloride_ _:_ 3917 23 10 --- Seamless tubes kg. 10% 3917 23 90 --- Other kg. 10% 3917 29 -- _Of other plastics_ _:_ 3917 29 10 --- Seamless tubes of copolymers of vinyl kg. 10% acetate and vinyl chloride 3917 29 20 --- Seamless tubes of polymers and copolymers kg. 10% 3916 90 80 -- of polystyrene 3917 29 30 --- Tubes of cellulose nitrate and celluloid, kg. 10% whether or not plasticised 3917 29 40 --- Tubes of cellulose acetate or acetate butyrate kg. 10% 3917 29 50 --- Tubes of vinyl plastics kg. 10% 3917 29 90 --- Other kg. 10% - _Other_ _tubes,_ _pipes_ _and_ _hoses_ _:_ 3917 31 00 -- Flexible tubes, pipes and hoses, having a kg. 10% minimum burst pressure of 27.6 MPa -- _Other, not reinforced or otherwise combined_ _with other materials, without fittings :_ 3917 32 10 --- Of condensation or rearrangement kg. 10% polymerization products, whether or not chemically modified 3917 32 20 --- Of addition polymerisation products kg. 10% 3917 32 90 --- Other kg. 10% ----- **SECTION-VII** **CHAPTER-39** **(1)** **(2)** **(3)** **(4)** **(5)** 3917 33 00 -- Other, not reinforced or otherwise combined kg. 10% with other materials, with fittings 3917 39 -- Other: 3917 39 10 3917 39 20 -- -- Of condensation or rearrangement polymerization products, whether or not chemically modified Of addition polymerisation products kg. kg. 10% 10% 3917 39 90 --- Other kg. 10% 3917 40 00 - Fittings kg. 10% **3918** **FLOOR** **COVERINGS** **OF** **PLASTICS,** **WHETHER** **OR NOT SELF-ADHESIVE,** **IN ROLLS OR IN THE** **FORM OF TILES;** **WALL OR CEILING** **COVERINGS** **OF** **PLASTICS,** **AS** **DEFINED** **IN** **NOTE** **9** **TO** **THIS** **CHAPTER** 3918 10 - _Of polymers_ _of_ _vinyl_ _chloride_ _:_ 3918 10 10 --- Wall or ceiling coverings combined with kg. 15% knitted or woven fabrics, nonwovens or felts 3918 10 90 --- Other kg. 15% 3918 90 - _Of other_ _plastics_ _:_ 3918 90 10 --- Floor coverings of linoxyne kg. 15% 3918 90 20 --- Wall or ceiling coverings combined with kg. 15% kg. 3918 90 90 -- knitted or woven fabrics, nonwovens or felts Other 15% **3919** **SELF-ADHESIVE** **PLATES,** **SHEETS,** **FILM,** **FOIL,** **TAPE,** **STRIP AND OTHER FLAT SHAPES,** **OF** **PLASTICS,** **WHETHER OR** **NOT** **IN** **ROLLS** 3919 10 00 - In rolls of width not exceeding 20 cm kg. 10% 3919 90 - _Other :_ 3919 90 10 --- Plastic stickers, whether or not printed, kg. 10% 3919 90 20 -- embossed, or impregnated Cellulose adhesive tape kg. 10% 3919 90 90 --- Other kg. 15% **3920** **OTHER** **PLATES,** **SHEETS,** **FILM,** **FOIL** **AND** **STRIP,** **OF** **PLASTICS,** **NON-CELLULAR** **AND** **NOT** **REINFORCED,** **LAMINATED,** **SUPPORTED OR** **SIMILARLY** **COMBINED WITH OTHER MATERIALS** 3920 10 _- Of polymers of ehtylene :_ --- _Sheets of polyethylene :_ 3920 10 11 ---- Rigid, plain kg. 10% 3920 10 12 ---- Flexible, plain kg. 10% 3920 10 13 ---- Geomembrane, confirming to IS 16352 kg. 10% 3920 10 19 --- -- Other _Other :_ kg. 10% ----- **SECTION-VII** **CHAPTER-39** **(1)** **(2)** **(3)** **(4)** **(5)** 3920 10 91 ---- Rigid, plain kg. 10% 3920 10 92 ---- Flexible, plain kg. 10% 3920 10 99 ---- Other kg. 10% 3920 20 - _Of polymers_ _of propylene :_ 3920 20 10 --- Rigid, plain kg. 10% 3920 20 20 --- Flexible, plain kg. 10% 3920 20 90 --- Other kg. 10% 3920 30 - _Of polymers_ _of styrene_ _:_ 3920 30 10 --- Rigid, plain kg. 10% 3920 30 20 --- Flexible, plain kg. 10% 3920 30 90 --- Other kg. 10% - _Of_ _polymers_ _of vinyl_ _chloride:_ 3920 43 00 -- Containing by weight not less than 6% of kg. 10% 3920 3920 3920 49 51 51 00 11 plasticizers -- Other - _Of_ _acrylic_ _polymers:_ -- _Of_ _poly_ _(methyl_ _methacrylate):_ --- _Sheets :_ ---- Rigid, plain kg. kg. 10% 10% 3920 51 12 ---- Flexible, plain kg. 10% 3920 51 19 ---- Other kg. 10% --- _Other :_ 3920 51 91 ---- Rigid, plain kg. 10% 3920 51 92 ---- Flexible, plain kg. 10% 3920 51 99 ---- Other kg. 10% 3920 59 -- _Other :_ --- _Polyacrylate_ _sheets:_ 3920 59 11 ---- Rigid, plain kg. 10% 3920 59 12 ---- Flexible, plain kg. 10% 3920 59 19 ---- Other kg. 10% --- _Other :_ 3920 59 91 ---- Rigid, plain kg. 10% 3920 59 92 ---- Flexible, plain kg. 10% 3920 59 99 ---- Other kg. 10% - _Of polycarbonates, alkyd resins, polyallyl_ _esters or other polyesters :_ 3920 61 -- Of polycarbonates _:_ 3920 61 10 --- Rigid, plain kg. 10% 3920 61 20 --- Flexible, plain kg. 10% 3920 61 90 --- Other kg. 10% 3920 62 -- Of poly (ethylene terephthalate): 3920 62 10 --- Rigid, plain kg. 10% 3920 62 20 --- Flexible, plain kg. 10% 3920 62 90 --- Other kg. 10% 3920 63 -- Of unsaturated _polyesters_ _:_ ----- **SECTION-VII** **CHAPTER-39** **(1)** **(2)** **(3)** **(4)** **(5)** 3920 63 10 --- Rigid, plain kg. 10% 3920 63 20 --- Flexible, plain kg. 10% 3920 63 90 --- Other kg. 10% 3920 69 -- _Of other polyesters_ : --- _Packaging film :_ 3920 69 11 ---- Rigid, plain kg. 10% 3920 69 12 ---- Flexible, plain kg. 10% 3920 69 19 ---- Other kg. 10% --- _Sun_ _and/or_ _dust_ _control_ _film_ _:_ 3920 69 21 ---- Rigid, plain kg. 10% 3920 69 22 ---- Flexible, plain kg. 10% 3920 69 29 ---- Other kg. 10% --- _Other film :_ 3920 69 31 ---- Rigid, plain kg. 10% 3920 69 32 ---- Flexible, plain kg. 10% 3920 69 39 ---- Other kg. 10% --- _Other :_ 3920 69 91 ---- Rigid, plain kg. 10% 3920 69 92 ---- Flexible, plain kg. 10% 3920 69 99 ---- Other kg. 10% - _Of cellulose or_ _its_ _chemical derivatives :_ 3920 71 -- Of regenerated _cellulose:_ --- _Cello phane transparent:_ 3920 71 11 ---- Film kg. 10% 3920 71 19 ---- Other kg. 10% --- _Sheets of cellulose nitrate and_ _celluloid,_ _whether_ _or_ _not_ _plasticized :_ 3920 71 21 ---- Plain kg. 10% 3920 71 29 ---- Other kg. 10% --- _Other :_ 3920 71 91 ---- Rigid, plain kg. 10% 3920 71 92 ---- Flexible, plain kg. 10% 3920 71 99 ---- Other kg. 10% 3920 73 -- _Of cellulose acetate :_ _---_ _Sheet of cellulose acetate, non-plasticized:_ 3920 73 11 ---- Rigid, plain kg. 10% 3920 73 12 ---- Flexible, plain kg. 10% 3920 73 19 ---- Other kg. 10% --- _Sheets of cellulose acetate, plasticized :_ 3920 73 21 ---- Rigid, plain kg. 10% 3920 73 22 ---- Flexible, plain kg. 10% 3920 73 29 ---- Other kg. 10% --- _Other :_ 3920 73 91 ---- Rigid, plain kg. 10% 3920 73 92 ---- Flexible, plain kg. 10% ----- **SECTION-VII** **CHAPTER-39** **(1)** **(2)** **(3)** **(4)** **(5)** 3920 73 99 ---- Other kg. 10% 3920 79 3920 79 11 - -- --- _Of other cellulose derivatives :_ _Sheets of cellulose nitrate and_ _whether or not plasticized :_ Rigid, plain kg. 10% _celluloid,_ 3920 79 12 ---- Flexible, plain kg. 10% 3920 79 19 3920 79 91 --- -- --- Other _Other :_ Rigid, plain kg. kg. 10% 10% 3920 79 92 ---- Flexible, plain kg. 10% 3920 79 99 ---- Other kg. 10% - Of other plastics: 3920 91 - - Of poly (vinyl butyral): 3920 91 10 --- Rigid, plain kg. 10% 3920 91 20 --- Flexible, plain kg. 10% 3920 91 90 --- Other kg. 10% 3920 92 -- Of polyamides : --- _Poly (amide fluoride) film:_ 3920 92 11 ---- Rigid, plain kg. 10% 3920 92 12 ---- Flexible, plain kg. 10% 3920 92 19 3920 92 91 --- -- --- Other _Other :_ Rigid, plain kg. kg. 10% 10% 3920 92 92 ---- Flexible, plain kg. 10% 3920 92 99 ---- Other kg. 10% 3920 93 -- Of amino-resins _:_ 3920 93 10 --- Rigid, plain kg. 10% 3920 93 20 --- Flexible, plain kg. 10% 3920 93 90 --- Other kg. 10% 3920 94 -- Of phenolic _resins :_ 3920 94 10 --- Rigid, plain kg. 10% 3920 94 20 --- Flexible, plain kg. 10% 3920 94 90 --- Other kg. 10% 3920 99 --- _Of other_ _plastics_ _:_ --- _Plates, sheets, film, foil and strip of_ _poly(vinyl acetate) :_ 3920 99 11 ---- Rigid, plain kg. 10% _-_ 3920 99 12 ---- Flexible, plain kg. 10% 3920 99 19 3920 99 21 --- -- --- Other _Film, sheets,_ _strip_ _of_ _vinyl_ _plastics_ _:_ Rigid, plain kg. kg. 10% 10% 3920 99 22 ---- Flexible, plain kg. 10% 3920 99 29 --- -- Other _Plates, sheets, strip, film or foil of_ _copolymers_ _of vinyl_ _chloride and vinyl_ kg. 10% ----- **SECTION-VII** **CHAPTER-39** **(1)** **(2)** **(3)** **(4)** **(5)** kg. 3920 99 31 --- _acetate :_ Rigid, plain 10% 3920 99 32 ---- Flexible, plain kg. 10% 3920 99 39 3920 99 41 --- -- --- Other _Sheet of poly (tetrafluoro-ethylene) (PTFE):_ Rigid, plain kg. kg. 10% 10% 3920 99 42 ---- Flexible, plain kg. 10% 3920 99 49 3920 99 51 --- -- --- Other _Retro reflective sheeting :_ Rigid, plain kg. kg. 10% 10% 3920 99 52 ---- Flexible, plain kg. 10% 3920 99 59 ---- Other kg. 10% 3920 99 60 ---- Clicking boards for leather machinery kg. 10% --- _Other :_ 3920 99 91 ---- Rigid, plain kg. 10% 3920 99 92 ---- Flexible, plain kg. 10% 3920 99 99 ---- Other kg. 15% **3921** **OTHER** **PLATES,** **SHEETS,** **FILM,** **FOIL** **AND** **STRIP,** **OF PLASTICS** - _Cellular :_ 3921 11 00 -- Of polymers of styrene kg. 10% 3921 12 00 -- Of polymers of vinyl chloride kg. 10% 3921 13 -- Of polyurethanes: 3921 13 10 --- Flexible kg. 10% 3921 13 90 --- Other kg. 10% 3921 14 00 -- Of regenerated cellulose kg. 10% 3921 19 00 -- Of other plastics kg. 10% 3921 90 - _Other :_ 3921 90 10 3921 90 21 ---- --- Thermocol _Of polymers_ _of_ _vinyl_ _chloride_ _:_ Rigid, lacquered kg. kg. 10% 10% 3921 90 22 ---- Flexible, lacquered kg. 10% 3921 90 23 ---- Rigid, metallised kg. 10% 3921 90 24 ---- Flexible, metallised kg. 10% 3921 90 25 ---- Rigid, laminated kg. 10% 3921 90 26 ---- Flexible, laminated kg. 10% 3921 90 29 3921 90 31 --- -- --- Other _Of regenerated_ _cellulose_ _:_ Rigid, lacquered kg. kg. 10% 10% 3921 90 32 ---- Flexible, lacquered kg. 10% 3921 90 33 ---- Rigid, metallised kg. 10% 3921 90 34 ---- Flexible, metallised kg. 10% 3921 90 35 ---- Rigid, laminated kg. 10% 3921 90 36 ---- Flexible, laminated kg. 10% ----- **SECTION-VII** **CHAPTER-39** **(1)** **(2)** **(3)** **(4)** **(5)** 3921 90 39 3921 90 91 --- -- --- Other _Other :_ Rigid, lacquered kg. kg. 10% 10% 3921 90 92 ---- Flexible, lacquered kg. 10% 3921 90 93 ---- Rigid, metallised kg. 10% 3921 90 94 ---- Flexible, metallised kg. 10% 3921 90 95 ---- Rigid, laminated kg. 10% 3921 90 96 ---- Flexible, laminated kg. 10% 3921 90 99 ---- Other kg. 10% **3922** **BATHS,** **SHOWER-BATHS,** **SINKS,** **WASH-BASINS,** **BIDETS,** **LAVATORY** **PANS,** **SEATS** **AND** **COVERS,** **FLUSHING CISTERNS** **AND** **SIMILAR SANITARY** **WARE,** **OF PLASTICS** 3922 10 00 - Baths, shower-baths, sinks and wash basins kg. 15% 3922 20 00 - Lavatory seats and covers kg. 15% 3922 90 00 - Other kg. 15% **3923** **ARTICLES FOR THE CONVEYANCE OR PACKING OF** **GOODS, OF PLASTICS; STOPPERS, LIDS, CAPS AND** **OTHER CLOSURES,** **OF PLASTICS** 3923 10 - _Boxes, cases,_ _crates and similar articles:_ 3923 10 10 --- Plastic containers for audio or video kg. 15% cassettes, cassette tapes, floppy disk and similar articles 3923 10 20 --- Watch-box, jewellery box and similar kg. 15% containers of plastics 3923 10 30 --- Insulated ware kg. 15% 3923 10 40 --- Packing for accommodating connectors kg. 15% 3923 10 90 --- Other kg. 15% - _Sacks_ _and bags_ _(including_ _cones):_ 3923 21 00 -- Of polymers of ethylene kg. 15% 3923 29 -- _Of other_ _plastics:_ 3923 29 10 --- Of poly (vinyl chloride) kg. 15% 3923 29 90 --- Other kg. 15% 3923 30 - _Carboys, bottles, flasks and similar articles:_ 3923 30 10 --- Insulated ware kg. 15% 3923 30 90 --- Other kg. 15% 3923 40 00 - Spools, cops, bobbins and simila r supports kg. 15% 3923 50 - _Stoppers, lids, caps and_ _other_ _closures :_ 3923 50 10 --- Caps and closures for bottles kg. 15% 3923 50 90 --- Other kg. 15% 3923 90 - _Other :_ 3923 90 10 --- Insulated ware kg. 15% ----- **SECTION-VII** **CHAPTER-39** **(1)** **(2)** **(3)** **(4)** **(5)** 3923 90 20 --- Aseptic bags kg. 15% 3923 90 90 --- Other kg. 15% **3924** **TABLEWARE, KITCHENWARE, OTHER HOUSEHOLD** **ARTICLES** **AND** **HYGIENIC** **OR** **TOILET** **ARTICLES,** **OF PLASTICS** 3924 10 - _Tableware_ _and_ _kitchenware :_ 3924 10 10 --- Insulated ware kg. 15% 3924 10 90 --- Other kg. 15% 3924 90 - _Other :_ 3924 90 10 --- Toilet articles kg. 15% 3924 90 20 --- Insulated ware kg. 15% 3924 90 90 --- Other kg. 15% **3925** **BUILDERS’** **WARE** **OF** **PLASTICS,** **NOT** **ELSEWHERE** **SPECIFIED OR** **INCLUDED** 3925 10 00 - Reservoirs, tanks, vats and similar kg. 15% 3925 20 00 3925 30 00 3925 90 containers, of a capacity exceeding 300 l Doors, windows and their frames and thresholds for doors Shutters, blinds (including venetian blinds) and similar articles and parts thereof _Other :_ kg. kg. 15% 15% 3925 90 10 --- Of polyurethane kg. 15% 3925 90 90 --- Other kg. 15% **3926** 3926 10 3926 10 11 3926 10 19 3926 10 91 **3926** **OTHER** **ARTICLES OF PLASTICS** **AND ARTICLES OF** **OTHER MATERIALS OF HEADINGS** **3901** **TO 3914** 3926 10 - _Office or school supplies :_ --- _Office supplies of a kind classified as_ _stationery other than pins, clips, and_ _writing instruments :_ 3926 10 11 ---- Of polyurethane foam kg. 15% 3926 10 19 ---- Other kg. 15% --- _Other :_ 3926 10 91 ---- Of polyurethane foam kg. 15% 3926 10 99 ---- Other kg. 15% -- --- --- -- --- 3926 20 - _Articles of apparel and clothing accessories_ _(including gloves, mittens and mitts) :_ --- _Gloves :_ 3926 20 11 ---- Disposable kg. 15% 3926 20 19 ---- Non-disposable kg. 15% --- _Aprons_ _:_ 3926 20 21 ---- Of polyurethane foam kg. 15% 3926 20 29 ---- Other kg. 15% ----- **SECTION-VII** **CHAPTER-39** **(1)** **(2)** **(3)** **(4)** **(5)** --- _Plastic stickers for garments :_ 3926 20 31 ---- Of polyurethane foam kg. 15% 3926 20 39 ---- Other kg. 15% --- _Collar stays, patties, butterfly,_ _shoulder-pads_ _and other_ _stays_ _:_ 3926 20 41 ---- Of polyurethane foam kg. 15% 3926 20 49 ---- Other kg. 15% --- _Other :_ 3926 20 91 ---- Of polyurethane foam kg. 15% 3926 20 99 ---- Other kg. 15% 3926 30 - _Fittings for furniture, coach work or the like :_ 3926 30 10 --- Of polyurethane foam kg. 15% 3926 30 90 --- Other kg. 15% 3926 40 - _Statuettes and other ornamental articles :_ --- _Bangles :_ 3926 40 11 ---- Of polyurethane foam kg. 15% 3926 40 19 ---- Other kg. 15% --- _Beads_ _:_ 3926 40 21 ---- Of polyurethane foam kg. 15% 3926 40 29 ---- Other kg. 15% --- _Statuettes :_ 3926 40 31 ---- Of polyurethane foam kg. 15% 3926 40 39 ---- Other kg. 15% --- _Table and_ _other household articles (including_ _hotel and restaurant) for decoration :_ 3926 40 41 ---- Of polyurethane foam kg. 15% 3926 40 49 ---- Other kg. 15% --- _Decorative sheets :_ 3926 40 51 ---- Of polyurethane foam kg. 15% 3926 40 59 ---- Other kg. 15% 3926 40 60 --- Sequine kg. 15% --- _Other :_ 3926 40 91 ---- Of polyurethane foam kg. 15% 3926 40 99 ---- Other kg. 15% 3926 90 - _Other :_ 3926 90 10 --- PVC belt conveyor kg. 15% --- _Couplers,_ _packing_ _rings, O rings and the like:_ 3926 90 21 ---- Of polyurethane foam kg. 15% 3926 90 29 ---- Other kg. 15% --- Lasts, _with or without steel hinges ; EVA_ _and_ _grape_ _sheets_ _for_ _soles and heels; welts:_ 3926 90 31 ---- Of polyurethane foam kg. 15% 3926 90 39 ---- Other kg. 15% --- _Rings, buckles, tacks, washers and other_ _decorative_ _fittings_ _made of plastic used_ _as_ ----- **SECTION-VII** **CHAPTER-39** _trimmings and embellishments for leather_ _products; patterns for leather foot wear,_ _leather garments and leather goods :_ 3926 90 41 ---- Of polyurethane foam kg. 15% 3926 90 49 ---- Other kg. 15% --- _Retroreflective sheeting_ _of other than of_ _heading 3920 :_ 3926 90 51 ---- Of polyurethane foam kg. 15% 3926 90 59 ---- Other kg. 15% --- _Hangers :_ 3926 90 61 ---- Of polyurethane foam kg. 15% 3926 90 69 ---- Other kg. 15% --- _Plastic or nylon tipped hammers; insulating liner_ _of nylon, HDPE :_ 3926 90 71 ---- Of polyurethane foam kg. 15% 3926 90 79 ---- Other kg. 15% 3926 90 80 --- Polypropylene articles, not elsewhere kg. 15% specified or included --- _Other:_ 3926 90 91 ---- Of polyurethane foam kg. 15% 3926 90 99 ---- Other kg. 15% ----- **SECTION-VII** **CHAPTER-40** **CHAPTER** **40** **_Rubber and articles thereof_** **NOTES** **:** 1. Except where the context otherwise requires, throughout this Schedule the expression ―rubber‖ means the following products, whether or not vulcanised or hard: natural rubber, balata, gutta-percha, guayule, chicle and similar natural gums, synthetic rubber, factice derived from oils, and such substances reclaimed. 2. This Chapter does not cover: (a) goods of Section XI (textiles and textile articles); (b) footwear or parts thereof of Chapter 64; (c) headgear or parts thereof (including bathing caps) of Chapter 65; (d) mechanical or electrical appliances or parts thereof of Section XVI (including electrical goods of all kinds), of hard rubber; (e) articles of Chapter 90,92,94 or 96; or (f) articles of Chapter 95 (other than sports gloves, mittens and mitts and articles of headings 4011 to 4013). 3. In headings 4001 to 4003 and 4005, the expression ―primary forms‖ applies only to the following forms: (a) liquids and pastes (including latex, whether or not pre-vulcanised, and other dispersions and solutions); (b) blocks of irregular shape, lumps, bales, powders, granules, crumbs and similar bulk forms. 4. In Note 1 to this Chapter and in heading 4002, the expression ―synthetic rubber‖ applies to: (a) unsaturated synthetic substances which can be irreversibly transformed by vulcanisation with sulphur into non-thermoplastic substances which, at a temperature between 18[0]C and 29[0]C, will not break on being extended to three times their original length and will return, after being extended to twice their original length, within a period of five minutes, to a length not greater than one and a half times their original length. For the purposes of this test, substances necessary for the cross-linking, such as vulcanising activators or accelerators, may be added; the presence of substances as provided for by Note 5(B)(ii) and (iii) is also permitted. However, the presence of any substances not necessary for the cross-linking, such as extenders, plasticisers and fillers, is not permitted; (b) thioplasts (TM ); and (c) natural rubber modified by grafting or mixing with plastics, depolymerised natural rubber, mixtures of unsaturated synthetic substances with saturated synthetic high polymers provided that all the above-mentioned products comply with the requirements concerning vulcanisation, elongation and recovery in (a) above. ----- **SECTION-VII** **CHAPTER-40** 5. (A) Headings 4001 and 4002 do not apply to any rubber or mixture of rubbers which has been compounded, before or after coagulation, with: (i) vulcanising agents, accelerators, retarders or activators (other than those added for the preparation of pre-vulcanised rubber latex); (ii) pigments or othercolouringmatter, other thanthoseaddedsolelyforthe purpose of identification; (iii) plasticisers or extenders (except mineral oil in the case of oil-extended rubber), fillers, reinforcing agents, organic solvents or any other substances, except those permitted under (b); (B) the presence of the following substances in any rubber or mixture of rubbers shall not affect its classification in heading 4001 or 4002, as the case may be, provided that such rubber or mixture of rubbers retains its essential character as a raw material : (i) emulsifiers or anti-tack agents; (ii) small amounts of breakdown products of emulsifiers; (iii) very small amounts of the following: heat-sensitive agents (generally for obtaining thermosensitive rubber latexes), cationic surface-active agents (generally for obtaining electro-positive rubber latexes), anti-oxidants, coagulants, crumbling agents, freezeresisting agents, peptisers, preservatives, stabilisers, viscosity-control agents, or similar special-purpose additives. 6. For the purposes of heading 4004, the expression ―waste, parings and scrap‖ means rubber waste, parings and scrap from the manufacture or working of rubber and rubber goods definitely not usable as such because of cutting-up, wear or other reasons. 7. Thread wholly of vulcanized rubber, of which any cross-sectional dimension exceeds 5 mm., is to be classified as strip, rods or profile shapes, of heading 4008. 8. Heading 4010 includes conveyor or transmission belts or belting of textile fabric impregnated, coated, covered or laminated with rubber or made from textile yarn or cord impregnated, coated, covered or sheathed with rubber. 9. In headings 4001, 4002, 4003, 4005 and 4008, the expressions ―plates‖, ―sheets‖ and ―strip‖ apply only to plates, sheets and strip and to blocks of regular geometric shape, uncut or simply cut to rectangular (including square) shape, whether or not having the character of articles and whether or not printed or otherwise surface-worked, but not otherwise cut to shape or further worked. In heading 4008, the expressions ―rods‖ and ―profile shapes‖ apply only to such products, whether or not cut to length or surface-worked but not otherwise worked. **SUPPLEMENTARY** **NOTES** **:** 1. For the purposes of headings 4009 and 4010, while calculating the percentage of rubber compound contents, the weight of canvas, yarn, metallic wires, washers, rivets and the like, where such products, form integral part of ingredient of such rubber products, shall be taken into account, but the weight of metallic fitments and surface finishing necessary to make the belting and tubing suitable for particular end uses, shallbe ignored. 2. Tariff item 4008 21 10 shall also apply to ―plates‖, ―sheets‖, and ―strips‖, whether or not cut to shape ----- **SECTION-VII** **CHAPTER-40** and surface-worked or further worked so as to render them fit for resoling or repairing or re-treading of rubber tyres. **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard** **Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **4001** **NATURAL** **RUBBER, BALATA, GUTTA-PERCHA, GUAYULE, CHICLE** **AND SIMILAR NATURAL GUMS, IN PRIMARY FORMS** **OR** **IN** **PLATES,** **SHEETS OR STRIP** 4001 10 - _Natural rubber latex, whether or not pre-_ _vulcanised:_ 4001 10 10 --- Prevulcanised kg. 70% 4001 10 20 --- Other than prevulcanised kg. 70% - _Natural_ _rubber in other_ _forms :_ 4001 21 00 -- Smoked sheets kg. 25% or Rs. 30 per kg. 4001 22 00 -- Technically specified natural rubber (TSNR) kg. 25% or Rs. 30 per kg. 4001 29 -- _Other :_ 4001 29 10 --- Hevea kg. 25% or Rs. 30 per kg. 4001 29 20 --- Pale crepe kg. 25% or Rs. 30 per kg. 4001 29 30 --- Estate brown crepe kg. 25% or Rs. 30 per kg. 4001 29 40 --- Oil extended natural rubber kg. 25% or Rs. 30 per kg. 4001 29 90 --- Other kg. 25% or Rs. 30 per kg. 4001 30 00 - Balata, gutta-percha, guayule, chicle and kg. 10% similar natural gums **4002** **SYNTHETIC** **RUBBER** **AND** **FACTICE** **DERIVED** **FORM OILS, IN** **PRIMARY** **FORMS** **OR** **IN** **PLATES, SHEETS OR** **STRIP; MIXTURES** **OF** **ANY** **PRODUCT** **OF** **HEADING4001** **WITH** **ANY** **PRODUCT** **OF** **THIS** **HEADING,** **IN PRIMARY FORMS** **OR IN PLATES,** **SHEETS** **OR STRIP** - _Styrene-butadiene rubber (SBR); carboxylated_ _styrene-butadiene_ _rubber_ _(XSBR)_ _:_ 4002 11 00 -- Latex kg. 10% 4002 19 -- _Other :_ 4002 19 10 --- Oil extended styrene butadiene rubber kg. 10% 4002 19 20 --- Styrene butadiene rubber with styrene kg. 10% content exceeding 50% 4002 19 30 --- Styrene butadiene styrene oil bound kg. 10% copolymer 4002 19 90 --- Other kg. 10% 4002 20 00 - Butadiene rubber (BR) kg. 10% - _Isobutene-isoprene (butyl)_ _rubber (IIR);_ ----- **SECTION-VII** **CHAPTER-40** 4002 39 00 -- Other kg. 10% - _Chlorpre_ _(Chlorobutadiene) rubber_ _(CR) :_ _ne_ 4002 41 00 -- Latex kg. 10% 4002 49 00 -- Other kg. 10% - _Acrylonitrile-butadiene rubber (NBR)_ _:_ 4002 51 00 -- Latex kg. 10% 4002 59 00 -- Other kg. 10% 4002 60 00 - Isoprene rubber (IR) kg. 10% 4002 70 00 - Ethylene-propylene-non-conjugated diene kg. 10% rubber (EPDM) 4002 80 - _Mixtures_ _of_ _any product_ _of_ _heading_ _40 01_ _with any_ _product_ _of_ _this_ _heading_ _:_ 4002 80 10 --- Latex kg. 10% 4002 80 20 --- Chemically modified form of natural rubber kg. 10% including graft rubber 4002 80 90 --- Other kg. 10% - _Other :_ 4002 91 00 -- Latex kg. 10% 4002 99 -- _Other :_ 4002 99 10 --- Factice (rubber substitute derived from oil) kg. 10% 4002 99 20 --- Tread rubber compound, cushion compound, kg. 10% cushion gum and tread gum for resoling or repairing or retreading rubber tyres 4002 99 90 --- Other kg. 10% **4003** **00 00** **RECLAIMED** **RUBBER IN PRIMARY FORMS** **OR** kg. 10% **IN PLATES,** **SHEETS OR STRIP** **4004** **00 00** **WASTE, PARINGS AND SCRAP OF RUBBER** **(OTHER THAN** **HARD** **RUBBER)** **AND** **POWDERS** **AND** **GRANULES** **OBTAINED THEREFROM** kg. 10% **4005** 4005 10 00 **COMPOUNDED** **RUBBER,** **UNVULCANISED,** **IN PRIMARY** **FORMS** **OR** **IN** **PLATES,** **SHEETS** **OR** **STRIP** - Compounded with carbon black or silica kg. 25% or Rs. 30 per kg., whichever is lower 4005 20 - _Solutions;_ _other than_ _those of_ _dispersions sub-_ _heading 4005 10:_ 4005 20 10 --- Can sealing compound kg. 25% or Rs. 30 per kg., whichever is lower 4005 20 90 --- Other kg. 25% or Rs. 30 per kg., whichever is lower - _Other :_ 4005 91 -- Plates, _sheets_ _and_ _strip:_ 4005 91 10 --- Hospital sheeting kg. 25% or Rs. ----- **SECTION-VII** **CHAPTER-40** 4005 91 90 --- Other kg. 25% or Rs. 30 per kg., whichever is lower 4005 99 -- _Other :_ 4005 99 10 4005 99 90 -- -- compounded, ready for vulcanisation Other kg. 25% or Rs. 30 per kg., whichever is lower 25% or Rs. 30 per kg., whichever is lower G r a n u l e s o f n a t u r a l o r u n v u l c a n i s e d n a t u t a l o r s y n t h e t i c r u b b e r, kg. **4006** **OTHER FORMS** **(FOR EXAMPLE, RODS,** **TUBES** **AND PROFILE SHAPES) AND ARTICLES** **(FOR** **EXAMPLE,** **DISCS** **AND** **RINGS),** **OF** **UNVULCANISED** **RUBBER** 4006 10 00 - ―Camel-back‖ strips for retreading rubber kg. 10% tyres 4006 90 - _Other :_ 4006 90 10 **---** Thread, not covered kg. 10% 4006 90 90 **---** Other kg. 10% **4007** **VULCANISED** **RUBBER** **THREAD** **AND** **CORD** 4007 00 **-** _Vulcanised rubber thread and cord:_ 4007 00 10 --- Thread, not covered kg. 10% 4007 00 20 --- Cord, not covered kg. 10% 4007 00 90 --- Other kg. 10% **4008** **PLATES, SHEETS, STRIP, RODS AND PROFILE SHAPES, OF** **VULCANISED RUBBER OTHER THAN HARD RUBBER** - _Of_ _cellular_ _rubber :_ 4008 11 - - _Plates,_ _sheets_ _and strip :_ 4008 11 10 --- Of micro-cellular rubber kg. 10% 4008 11 90 --- Other kg. 10% 4008 19 -- _Other :_ 4008 19 10 4008 19 90 4008 21 4008 19 10 --- Blocks of micro-cellular rubber but not of kg. 10% latex foam sponge, used in the manufacture of soles, heels or soles and heels combined, for footwear 4008 19 90 --- Other kg. 10% - _Of non-cellular rubber:_ 4008 21 -- _Plates,_ _sheets and strip :_ 4008 21 10 --- Used in the manufacture of soles, heels or kg. 10% soles and heels combined, for footwear 4008 21 20 --- For resoling or repairing or retreading rubber kg. 10% tyres 4008 21 90 --- Other kg. 10% 4008 29 -- _Other :_ 4008 29 10 --- Rubber sheets and resin rubber sheets for kg. 10% soles and heels -- -- - 4008 21 20 4008 21 90 -- -- ----- **SECTION-VII** **CHAPTER-40** **(1)** **(2)** **(3)** **(4)** **(5)** heels or soles and heels combined, for footwear 4008 29 30 --- Latex foam sponge kg. 10% 4008 29 40 --- Tread rubber and tread packing strip for kg. 10% resoling or repairing or retreading rubber tyres 4008 29 90 --- Other kg. 10% **4009** **TUBES, PIPES** **AND HOSES, OF VULCANISED RUBBER** **OTHER THAN HARD RUBBER,** **WITH OR WITHOUT** **THEIR** **FITTINGS** **(FOR** **EXAMPLE,** **JOINTS,** **ELBOWS,** **FLANGES)** - _Not_ _reinforced_ _or_ _otherwise combined with_ _other materials :_ 4009 11 00 -- Without fittings kg. 10% 4009 12 00 -- With fittings kg. 10% - _Reinforced or otherwise_ _combined_ _only_ _with metal:_ 4009 21 00 -- Without fittings kg. 10% 4009 22 00 -- With fittings kg. 10% - _Reinforced or otherwise_ _combined_ _only_ _with_ _textile materials :_ 4009 31 00 -- Without fittings kg. 10% 4009 32 00 -- With fittings kg. 10% - _Reinforced or otherwise_ _combined_ _with_ _other_ _materials :_ 4009 41 00 -- Without fittings kg. 10% 4009 42 00 -- With fittings kg. 10% **4010** **CONVEYOR** **OR** **TRANSMISSION** **BELTS** **OR** **BELTING** **OF VULCANISED RUBBER** **-** _Conveyor belts or belting :_ 4010 11 -- _Reinforced only with metal :_ 4010 11 10 --- Where the rubber compound content is less than 25% by weight 4010 11 90 --- Other 4010 12 -- _Reinforced_ _only with_ _textile_ _materials_ _:_ 4010 12 10 --- Where the rubber compound content is less than 25% by weight 4010 12 90 --- Other 4010 19 -- _Other :_ kg. kg. kg. kg. kg. kg. 10% 10% 10% 10% 10% 10% 4010 4010 19 19 10 90 --- Where the rubber compound content is less than 25% by weight --- Other - _Transmission belts or_ _belting :_ ----- **SECTION-VII** **CHAPTER-40** **(1)** **(2)** **(3)** **(4)** **(5)** 4010 31 -- _Endless_ _transmission_ _belts_ _of trapezoidal_ _cross-section (V-belts), V-ribbed, of an_ _outside circumference exceeding 60 cm_ _but not_ _exceeding_ _180_ _cm:_ 4010 31 10 --- Where the rubber compound content is less kg. 10% than 25% by weight 4010 31 90 --- Other kg. 10% 4010 32 -- _Endless_ _transmission_ _belts_ _of trapezoidal_ _cross-_ _section_ _(V-belts),_ _other_ _than_ _V-ribbed,_ _of an outside_ _circumference_ _exceeding_ _60 cm but not exceeding_ _180 cm :_ 4010 32 10 --- Where the rubber compound content is less kg. 10% than 25% by weight 4010 32 90 --- Other kg. 10% 4010 33 -- _Endless_ _transmission_ _belts_ _of trapezoidal_ _crosssection (V-belts), V-ribbed, of an outside_ _circumference exceeding 180 cm_ _but not_ _exceeding_ _240 cm:_ 4010 33 10 --- Where the rubber compound content is less kg. 10% than 25% by weight 4010 33 90 --- Other kg. 10% 4010 34 -- _Endless transmission belts of_ _trapezoidal cros s-_ _section (V-belts), other than V-ribbed, of an_ _outside circumference exceeding 180 cm_ _but_ _not exceeding 240 cm :_ 4010 34 10 --- Where the rubber compound content is less kg. 10% than 25% by weight 4010 34 90 --- Other kg. 10% 4010 35 -- _Endless synchronous belts of an_ _outside_ _circumference exceeding 60 cm_ _but_ _not_ _exceeding_ _150 cm_ _:_ 4010 35 10 --- Where the rubber compound content is less kg. 10% than 25% by weight 4010 35 90 --- Other kg. 10% 4010 36 -- _Endless synchronous belts of an_ _outside_ _circumference exceeding 150 cm_ _but not_ _exceeding_ _198 cm_ _:_ 4010 36 10 --- Where the rubber compound content is less kg. 10% than 25% by weight 4010 36 90 --- Other kg. 10% 4010 39 -- _Other :_ --- _Where the_ _rubber_ _compound_ _content_ _is_ _less_ _than 25% by weight :_ 4010 39 11 ---- Endless flat belt kg. 10% 4010 39 12 ---- Ply belting kg. 10% ----- **SECTION-VII** **CHAPTER-40** **(1)** **(2)** **(3)** **(4)** **(5)** 4010 39 19 ---- Other kg. 10% --- _Other:_ 4010 39 91 ---- Endless flat belt kg. 10% 4010 39 92 ---- Ply belting kg. 10% 4010 39 99 ---- Other kg. 10% **4011** **NEW** **PNEUMATIC** **TYRES,** **OF** **RUBBER** 4011 10 - _Of a kind used on motor cars (including_ _station_ _wagons_ _and racing cars)_ _:_ 4011 10 10 --- Radials u 15% 4011 10 90 --- Other u 10% 4011 20 - _Of a kind used on buses_ _or lorries :_ 4011 20 10 --- Radials u 15% 4011 20 90 --- Other u 10% 4011 30 00 - Of a kind used on aircraft u 2.5 % 4011 40 - _Of a kind used on motor cycles_ _:_ 4011 40 10 --- For motor cycles u 10% 4011 40 20 --- For motor scooters u 10% 4011 40 90 --- Other u 10% 4011 50 - _Of a kind used on bicycles_ _:_ 4011 50 10 --- Multi-cellular polyurethane (MCP) u 10% tubeless tyres 4011 50 90 --- Other u 10% 4011 70 00 - Of a kind used on agricultural or forestry u 10% vehicles and machines 4011 80 00 - Of a kind used on construction, mining or u 10% industrial handling vehicles and machines 4011 90 00 - Other u 10% **4012** **RETREADED** **OR** **USED** **PNEUMATIC** **TYRES** **OF** **RUBBER,** **SOLID OR CUSHION TYRES,** **TYRE** **TREADS AND TYRE FLAPS,** **OF RUBBER** - _Retreaded tyres :_ 4012 11 00 -- Of a kind used on motor cars (including u 10% station wagons and racing cars) 4012 12 00 -- Of a kind used on buses or lorries u 10% 4012 13 00 -- Of a kind used on aircraft u 10% 4012 19 -- _Other :_ 4012 19 10 --- For two wheelers u 10% 4012 19 90 --- Other u 10% 4012 20 - _Used pneumatic_ _tyres_ _:_ 4012 20 10 --- For buses, lorries and earth moving u 10% equipments including light commercial vehicles 4012 20 20 --- For passenger automobile vehicles, u 10% ----- **SECTION-VII** **CHAPTER-40** **(1)** **(2)** **(3)** **(4)** **(5)** u 4012 20 90 -- including two wheelers, three wheelers and personal type vehicles Other 10% 4012 90 - _Other :_ 4012 90 10 --- Solid rubber tyres for motor vehicles kg. 10% 4012 90 20 --- Solid rubber tyres for other vehicles kg. 10% 4012 90 30 4012 90 41 4012 90 49 4012 90 30 --- Tyres with metal framework kg. 10% --- _Tyre flaps_ _:_ 4012 90 41 ---- Of a kind used in two-wheeled and three- kg. 10% wheeled motor vehicles 4012 90 49 ---- Other kg. 10% 4012 90 50 --- Tyre treads, interchangeable kg. 10% 4012 90 90 --- Other kg. 10% **4013** **INNER** **TUBES,** **OF** **RUBBER** ---- --- --- 4013 10 4013 10 10 -- _Of a kind used on motor cars (including stati_ _wagons_ _and racing_ _cars),_ _buses_ _or lorries_ _:_ For motor cars _on_ u 10% 4013 10 20 --- For lorries and buses u 10% 4013 20 00 - Of a kind used on bicycles u 10% 4013 90 - _Other :_ 4013 90 10 --- For aircraft u 10% 4013 90 20 --- For motor cycle u 10% 4013 90 30 --- For off the road vehicles, not elsewhere u 10% specified or included _--_ _For tractors :_ 4013 90 41 ---- Rear tyres u 10% 4013 90 49 ---- Other u 10% 4013 90 50 --- Of a kind used in tyres of cycle rickshaws u 10% u 4013 90 90 -- and three-wheeled powered cycle-rickshaws Other 10% **4014** **HYGIENIC OR PHARMACEUTICAL ARTICLES** **(INCLUDING** **TEATS), OF VULCANISED RUBBER** **OTHER THAN HARD RUBBER,** **WITH OR** **WITHOUT** **FITTINGS OF** **HARD** **RUBBER** 4014 10 - _Sheath_ _contraceptives_ _:_ 4014 10 10 --- Rubber contraceptives, male (condoms) kg. 10% 4014 10 20 4014 90 -- Rubber contraceptives, female (diaphragms), such as cervical caps _Other :_ kg. 10% 4014 90 10 --- Hot water bottles kg. 10% 4014 90 20 --- Ice bags kg. 10% 4014 90 30 --- Feeding bottle nipples kg. 10% 4014 90 90 --- Other kg. 10% ----- **SECTION-VII** **CHAPTER-40** **(1)** **(2)** **(3)** **(4)** **(5)** **4015** **ARTICLES OF APPAREL AND CLOTHING ACCESSORIES** **(INCLUDING** **GLOVES, MITTENS AND MITTS) FOR ALL** **PURPOSES,** **OF** **VULCANISED** **RUBBER** **OTHER THAN** **HARD RUBBER** **-** _Gloves,_ _mittens_ _and_ _mitts:_ 4015 12 00 -- Of a kind used for medical, surgical, dental or pa 10% veterinary purposes 4015 19 00 -- Other pa 10% 4015 90 - _Other :_ 4015 90 10 --- Rubber apron pa 10% 4015 90 20 --- Labels kg. 10% 4015 4015 90 90 30 91 ------ Industrial gloves _Other:_ Diving suits pa kg. 10% 10% 4015 90 99 --- Other kg. 10% **4016** **OTHER** **ARTICLES OF VULCANISED RUBBER** **OTHER** **THAN** **HARD RUBBER** 4016 4016 10 91 00 00 - Of cellular rubber _Other :_ Floor coverings and mats kg. kg. 10% 10% 4016 92 00 -- Erasers kg. 10% 4016 93 -- _Gaskets, washers and other seals :_ 4016 93 10 --- Patches for puncture repair of self- kg. 10% vulcanising rubber or a rubber backing 4016 93 20 --- Rubber rings (O-ring) kg. 10% 4016 93 30 --- Rubber seals (Oil seals and the like) kg. 10% 4016 93 40 --- Gaskets kg. 10% 4016 93 50 --- Washers kg. 10% 4016 93 60 --- Plugs kg. 10% 4016 93 90 --- Other kg. 10% 4016 93 20 -- 4016 94 00 -- Boat or dock fenders, whether or not kg. 10% inflatable 4016 95 -- _Other_ _inflatable_ _articles:_ 4016 95 10 --- Air mattresses kg. 10% 4016 95 90 --- Other kg. 20% 4016 99 -- _Other :_ 4016 99 10 --- Rubber cots for textile industry kg. 10% 4016 99 20 --- Rubber bands kg. 10% 4016 99 30 --- Rubber threads kg. 10% 4016 99 40 --- Rubber blankets kg. 10% 4016 99 50 --- Rubber cushions kg. 10% 4016 99 60 --- Rubber bushes kg. 10% 4016 99 70 --- Ear plug kg. 10% 4016 99 80 --- Stoppers kg. 10% ----- **SECTION-VII** **CHAPTER-40** **(1)** **(2)** **(3)** **(4)** **(5)** 4016 99 90 --- [The following goods for use in manufacture of ] cellular mobile phones, namely : (i) Microphone Rubber Case (ii) Sensor Rubber Case/Sealing Gasket including sealing gaskets/cases from Rubbers like SBR, EPDM, CR, CS, Silicone and all other individual rubbers or combination / combination of rubbers **4017** **HARD RUBBER (FOR EXAMPLE,** **EBONITE)** **IN ALL** **FORMS,** **INCLUDING WASTE** **AND SCRAP;** **ARTICLES** **OF HARD RUBBER** 4017 00 - _Hard rubber (for example, ebonite) in all_ _forms, including waste and scrap; articles_ _of hard rubber:_ kg. 10% 4017 00 10 --- Plates, sheets, rods and tubes of ebonite kg. 10% and vulcanite 4017 00 20 --- Scrap, waste and powder of hardened rubber kg. 10% (ebonite and vulcanite) 4017 00 30 --- Printers‗ rollers kg. 10% 4017 00 40 --- Textile rollers kg. 10% 4017 00 50 --- Typewriters and cyclostyling rollers kg. 10% 4017 00 90 --- Other kg. 10% 4017 00 20 4017 00 30 -- -- ----- **SECTION-VIII** **CHAPTER-41** **SECTION VIII** **RAW HIDES AND SKINS, LEATHER, FURSKINS AND ARTICLES THEREOF;** **SADDLERY AND HARNESS; TRAVEL GOODS, HAND BAGS AND SIMILAR** **CONTAINERS; ARTICLES OF ANIMAL GUT** **(OTHER THAN SILK-WORM GUT)** **CHAPTER 41** **_Raw hides and skins (other than furskins) and leather_** **NOTES** : 1. This Chapter does not cover: (a) parings or similar waste, of raw hides or skins (heading 0511); (b) birdskins or parts of birdskins, with their feathers or down, of heading 0505 or 6701; or (c) hides or skins, with the hair or wool on, raw, tanned or dressed (Chapter 43); the following are, however, to be classified in Chapter 41, namely: raw hides and skins, with the hair or wool on, of bovine animals (including buffalo), of equine animals, of sheep or lambs (except Astrakhan, Broadtail, Caracul, Persian, or similar lambs, Indian, Chinese, Mongolian or Tibetan lambs), of goats or kids (except Yemen, Mongolian or Tibetan goats and Kids), of swine (including peccary), of chamois, of gazelle, of camels (including dromedaries) of reindeer, of elk, of deer, of roebucks or of dogs. 2. (A) Headings 4104 to 4106 do not cover hides and skins which have undergone a tanning (including pre-tanning) process which is reversible (headings 4101 to 4103, as the case may be). (B) For the purposes of headings 4104 to 4106, the term ―crust‖ includes hides and skins that have been retanned, coloured or fat-liquored (stuffed) prior to drying. 3. Throughout this Schedule, the expression ―composition leather‖ means only substances of the kind referred to in heading 4115. **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard** **Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **4101** **RAW HIDES AND SKINS OF BOVINE** **(INCLUDING** **BUFFALO) OR EQUINE ANIMALS (FRESH** **OR SALTED,** **D R I E D, L I M E D, P I C K L E D** **O R** **O T H E RW I S E** **P R E S E RV E D,** **B U T** **N O T** **TA N NE D,** **PA R CH M E NT -** **DRESSED OR FURTHER PREPARED),** **WHETHER OR** **NOT DEHAIRED OR SPLIT** 4101 20 - _Whole hides and skins, unsplit of a weight per skin_ _not exceeding 8 kg. when simply dried, 10kg. when_ _dry- salted, or 16 kg. when fresh,wet-salted or_ _otherwise preserved:_ 4101 20 10 --- Of cow, including cow calf kg. Free ----- **SECTION-VIII** **CHAPTER-41** **(1)** **(2)** **(3)** **(4)** **(5)** 4101 20 20 --- Of buffalo, including buffalo calf kg. Free 4101 20 90 --- Other kg. Free 4101 50 - _Whole_ _hides_ _and skins,_ _of_ _a weight_ _exceeding_ _16 kg. :_ 4101 50 10 --- Of cow, including cow calf kg. Free 4101 50 20 --- Of buffalo, including buffalo calf kg. Free 4101 50 90 --- Other kg. Free 4101 90 - _Other, including butts, bends and bellies:_ 4101 90 10 --- Of cow, including cow calf kg. Free 4101 90 20 --- Of buffalo, including buffalo calf kg. Free 4101 90 90 --- Other kg. Free **4102** **RAW** **SKINS** **OF** **SHEEP** **OR** **LAMBS** **(FRESH,** **OR** **SALTED,** **DRIED,** **LIMED,** **PICKLED OR OTHERWISE** **PRESERVED,** **BUT** **NOT** **TANNED,** **PARCHMENT-** **DRESSED** **OR** **FURTHER** **PREPARED),** **WHETHER OR** **NOT WITH WOOL ON OR SPLIT,** **OTHER THAN** **THOSE** **EXCLUDED** **BY** **NOTE** **1** **(** **C** **)** **TO** **THIS** **CHAPTER** 4102 10 - _With wool on :_ 4102 10 10 --- Sheep skins kg. Free 4102 10 20 --- Pelts of baby lambs kg. Free 4102 10 30 --- Lamb skins, other than pelts kg. Free _- Without wool on :_ 4102 21 -- _Pickled :_ 4102 21 10 --- Sheep skins kg. Free 4102 21 20 --- Lamb skins kg. Free 4102 21 30 --- Lamb pelt kg. Free 4102 29 -- _Other :_ 4102 29 10 --- Sheep skins kg. Free 4102 29 20 --- Lamb skins kg. Free **4103** **OTHER** **RAW** **HIDES** **AND** **SKINS** **(FRESH,** **OR** **SALTED,** **DRIED,** **LIMED,** **PICKLED OR OTHERWISE** **PRESERVED,** **BUT** **NOT** **TANNED,** **PARCHMENT-** **DRESSED** **OR** **FURTHER** **PREPARED),** **WHETHER OR** **NOT** **DEHAIRED** **OR** **SPLIT,** **OTHER THAN THOSE** **EXCLUDED** **BY** **NOTE** **1(B)** **OR** **1(C)** **TO** **THIS** **CHAPTER** 4103 20 00 - Of reptiles kg. Free 4103 30 00 - Of swine kg. Free 4103 90 00 - Other kg. Free **4104** **TANNED** **OR** **CRUST** **HIDES** **AND** **SKINS** **OF** **BOVINE** **(INCLUDING** **BUFFALO)** **OR** **EQUINE** **ANIMALS,** ----- **SECTION-VIII** **CHAPTER-41** **(1)** **(2)** **(3)** **(4)** **(5)** **WITHOUT HAIR ON,** **WHETHER OR NOT SPLIT,** **BUT NOT FURTHER PREPARED** - _In the wet state (including wet-blue):_ 4104 11 00 -- Full grains, unsplit; grain splits kg. 10% 4104 19 00 -- Other kg. 10% _In the dry state (crust):_ Full grains, unsplit; grain splits kg. 4104 41 00 - 10% 4104 49 00 -- Other kg. 10% **4105** **TANNED** **OR** **CRUST** **SKINS** **OF** **SHEEP** **OR** **LAMBS,** **WITHOUT WOOL** **ON,** **WHETHER OR NOT SPLIT,** **BUT NOT FURTHER PREPARED** 4105 10 00 - In the wet state (including wet-blue) kg. 10% 4105 30 00 - In the dry state (crust) kg. 10% **4106** **TANNED** **OR** **CRUST** **HIDES** **AND** **SKINS** **OF** **OTHER** **ANIMALS,** **WITHOUT** **WOOL** **OR** **HAIR** **ON,** **WHETHER** **OR** **NOT** **SPLIT** **BUT** **NOT** **FURTHER** **PREPARED** - _Of goats or kids:_ 4106 21 00 -- In the wet state (including wet-blue) kg. 10% 4106 22 00 -- In the dry state (crust) kg. 10% _Of swine:_ In the wet state (including wet-blue) 4106 31 00 - kg. 10% 4106 32 00 -- In the dry state (crust) kg. 10% 4106 40 00 - Of reptiles kg. 10% _Other:_ In the wet state (including wet-blue) 4106 91 00 - kg. 10% 4106 92 00 -- In the dry state (crust) kg. 10% **4107** **LEATHER** **FURTHER** **PREPARED** **AFTER** **TANNING** **OR CRUSTING, INCLUDING PARCHMENT-DRESSED** **LEATHER, OF BOVINE (INCLUDING BUFFALO) OR** **EQUINE ANIMALS,** **WITHOUT HAIR ON,** **WHETHER** **OR NOT SPLIT,** **OTHER THAN LEATHER OF** **HEADING** **4114** _Whole hides and skins:_ 4107 11 00 -- Full grains, unsplit kg. 10% 4107 12 00 -- Grain splits kg. 10% 4107 19 00 - Other kg. 10% -- _Other, including_ _sides:_ 4107 91 00 -- Full grains, unsplit kg. 10% 4107 92 00 -- Grain splits kg. 10% 4107 99 00 -- Other kg. 10% ----- **SECTION-VIII** **CHAPTER-41** **(1)** **(2)** **(3)** **(4)** **(5)** **4112 00 00** **LEATHER FURTHER PREPARED AFTER TANNING OR** **CRUSTING,** **INCLUDING PARCHMENT-DRESSED** **LEATHER, OF SHEEP OR** **LAMB,** **WITHOUT** **WOOL** **ON,** **WHETHER OR NOT SPLIT,** **OTHER THAN** **LEATHER** **OF** **HEADING** **4114** **4113** **LEATHER** **FURTHER** **PREPARED** **AFTER** **TANNING** **OR CRUSTING, INCLUDING PARCHMENT-DRESSED** **LEATHER, OF OTHER** **ANIMALS,** **WITHOUT** **WOOL** **OR HAIR ON, WHETHER OR** **NOT** **SPLIT,** **OTHER** **THAN LEATHER OF HEADING 4114** kg. 10% **-** 4113 10 00 - Of goats or kids kg. 10% 4113 20 00 - Of swine kg. 10% 4113 30 00 - Of reptiles kg. 10% 4113 90 00 - Other kg. 10% **4114** **CHAMOIS** **(INCLUDING** **COMBINATION** **CHAMOIS)** **LEATHER;** **PATENT LEATHER AND PATENT** **LAMINATED** **LEATHER** **;** **METALLISED LEATHER** 4114 10 00 - Chamois (including combination chamois) kg. 10% 4114 20 4114 20 10 -- leather _Patent leather and patent laminated leather;_ _metallised leather :_ Patent leather and patent laminated leather kg. 10% 4114 20 20 --- Metallised leather kg. 10% **4115** **COMPOSITION** **LEATHER** **WITH** **A** **BASIS** **OF** **LEATHER** **OR** **LEATHER** **FIBER,** **IN** **SLABS,** **SHEETS** **OR** **STRIP, WHETHER** **OR NOT** **IN ROLLS; PARINGS** **AND OTHER WASTE OF LEATHER OR OF** **COMPOSITION LEATHER,** **NOT SUITABLE FOR THE** **MANUFACTURE** **OF** **LEATHER** **ARTICLES;** **LEATHER** kg. kg. 4115 10 00 4115 20 4115 20 10 -- **DUST, POWDER AND FLOUR** Composition leather with a basis of leather or leather fiber, in slabs, sheets or strip, whether or not in rolls _Parings_ _and other_ _waste_ _of_ _leather_ _or_ _of_ _composition leather, not suitable for the_ _manufacture of leather articles ; leather_ _dust, powder and flour:_ Cuttings of leather 10% 10% 4115 20 90 --- Other kg. 10% ----- **SECTION-VIII** **CHAPTER-42** **CHAPTER** **42** **_Articles of leather; saddlery and harness; travel goods, handbags and similar_** **_containers; articles of animal gut (other than silkworm gut)_** **NOTES** **:** 1. For the purposes of this Chapter, the term ―leather‖ includes chamois (including combination chamois) leather, patent leather, patent laminated leather and metallised leather. 2. This Chapter does not cover: (a) sterile surgical catgut or similar sterile suture materials (heading 3006); (b) articles of apparel or clothing accessories (except gloves, mittens and mitts), lined with furskin or artificial fur or to which furskin or artificial fur is attached on the outside except as mere trimming (heading 4303 or 4304); (c) made up articles of netting (5608); (d) articles of Chapter 64; (e) headgear or parts thereof of Chapter 65; (f) whips, riding-crops or articles of heading 6602; (g) cuff-links, bracelets or other imitation jewellery (heading 7117); (h) fittings or trimmings for harness, such as stirrups, bits, horse, brassess and buckles, separately presented (generally Section XV); (ij) strings, skins for drums or the like, or other parts of musical instruments (heading 9209); (k) articles of Chapter 94 (for example, furniture, luminaires and lighting fittings); (l) articles of Chapter 95 (for example, toys, games, sports requisites); or (m) buttons, press-fasteners, snap-fasteners, press-studs, button moulds or other parts of these articles, button blanks, of heading 9606. 3. (A) In addition to the provisions of Note 2 above, heading 4202 does not cover: (a) bags made of sheeting of plastics, whether or not printed, with handles, not designed for prolonged use (heading 3923); (b) articles of plaiting materials (heading 4602). (B) Articles of headings 4202 and 4203 which have parts of precious metal or metal clad with precious metal, of natural or cultured pearls, of precious or semi-precious stones (natural, synthetic or reconstructed) remain classified in those headings even if such parts constitute more than minor fittings or minor ornamentation, provided that these parts do not give the articles their essential character . If, on the other hand, the parts give the articles their essential character, the articles are to be classified in Chapter 71. ----- **SECTION-VIII** **CHAPTER-42** 4. For the purposes of heading 4203, the expression ―articles of apparel and clothing accessories‖ applies, inter alia, to gloves, mittens and mitts (including those for sport or for protection), aprons and other protective clothing, braces, belts, bandoliers and wrist straps, but excluding watch straps (heading 9113). **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard** **Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **4201 00 00** **SADDLERY** **AND** **HARNESS** **FOR** **ANY ANIMAL** kg. 10% **(INCLUDING TRACES,** **LEADS,** **KNEE PADS,** **MUZZLES, SADDLE CLOTHS, SADDLE BAGS, DOG** **COATS AND THE LIKE),** **OF ANY MATERIAL** **4202** **TRUNKS, SUIT-CASES, VANITY-CASES, EXECUTIVE-** **C A S E S, B R I E F - C A S E S,** **S C H O O L** **S AT C H E L S,** **SPECTACLE CASES, BINOCULAR CASES, CAMERA** **CASES, MUSICAL INSTRUMENT** **CASES, GUN CASES,** **H O L S T E R S A N D** **S I M I L A R** **C O N TA I N E R S ;** **T R AV E L L I N G - B A G S, I N S U L AT E D F O O D O R** **BEVERAGES BAGS, TOILET BAGS, RUCKSACKS,** **HANDBAGS, SHOPPING-BAGS, WALLETS, PURSES,** **M A P - C A S E S, C I G A R E T T E - C A S E S, T O B A C C O -** **POUCHES,** **TOOL** **BAGS,** **SPORTS** **BAGS,** **BOTTLE-** **C A S E S,** **J E WE L L ERY B O X E S,** **P O W D E R - B O XE S,** **CUTLERY CASES AND SIMILAR** **CONTAINERS,** **OF** **L E AT H E R O R O F C OM P O S I T IO N L E AT H E R,** **O F** **SHEETING** **OF** **PLASTICS,** **OF** **TEXTILE** **MATERIALS,** **OF VULCANISED FIBRE OR OF PAPERBOARD,** **OR** **W H O L LY O R M A I N LY C O V E R E D W I T H S U C H** **MATERIALS** **OR** **WITH** **PAPER** - _Trunk\s, suit-cases, vanity-cases, executive-_ _cases, brief-cases, school satchels and similar_ _containers_ _:_ 4202 11 - - _With outer surface of leather or of composition_ _leather:_ 4202 11 10 --- Travel goods (trunks, suit-cases, sports bags u 15% and other similar items ) of leather 4202 11 20 --- Toilet-bags and cases, of leather u 15% 4202 11 30 --- Satchels u 15% 4202 11 40 --- Brief-cases u 15% 4202 11 50 --- Executive-cases u 15% 4202 11 60 --- Vanity-cases u 15% 4202 11 70 --- Attache-cases u 15% 4202 11 20 -- ----- **SECTION-VIII** **CHAPTER-42** **(1)** **(2)** **(3)** **(4)** **(5)** 4202 11 90 --- Other u 15% 4202 12 -- _With outer surface_ _of plastic or of textile_ _materials :_ 4202 12 10 --- Toilet-cases u 15% 4202 12 20 --- Plastic moulded suit-cases u 15% 4202 12 30 --- Plastic moulded brief-cases u 15% 4202 12 40 --- Satchels u 15% 4202 12 50 --- Other travel-goods u 15% 4202 12 60 --- Brief-cases u 15% 4202 12 70 --- Executive-cases other than plastic moulded u 15% 4202 12 80 --- Vanity-cases u 15% 4202 12 90 --- Other u 15% 4202 19 -- _Other :_ 4202 19 10 --- Travel goods (trunks, suit-cases, sports bags, u 15% and other similar items) of leather 4202 19 20 --- Toilet-cases u 15% 4202 19 30 --- Satchels u 15% 4202 19 40 --- Brief-cases (other than plastic moulded) u 15% 4202 19 50 --- Executive-cases u 15% 4202 19 60 --- Vanity-cases u 15% 4202 19 90 --- Other - _Hand-bags, whether or not with shoulder_ _strap, including those without handle :_ 4202 21 -- _With outer surface of leather or of composition_ _leather:_ 4202 21 10 --- Hand-bags for ladies u 15% u 15% 4202 21 20 --- Vanity-bags u 15% 4202 21 90 --- Other u 15% 4202 22 -- _With outer surface of sheeting of plastics or_ _of textile materials :_ 4202 22 10 --- Hand-bags and shopping bags, of artificial u 15% u plastic material Hand-bags and shopping bags, of cotton 4202 22 20 -- 15% 4202 22 30 --- Hand-bags and shopping bags, of Jute u 15% 4202 22 40 --- Vanity-bags u 15% 4202 22 90 --- Other u 15% 4202 29 -- _Other :_ 4202 29 10 --- Hand bags of other materials excluding u 15% wicker-work or basket work 4202 29 90 --- Other u 15% 4202 4202 31 31 10 - _Articles of a kind normally carried in the_ _pocket or in the handbag :_ -- _With outer surface of leather or of composition_ -- _leather:_ Jewellery box u 15% ----- **SECTION-VIII** **CHAPTER-42** **(1)** **(2)** **(3)** **(4)** **(5)** 4202 31 20 --- Wallets and purses, of leather u 15% 4202 31 90 --- Other u 15% 4202 32 -- _With outer surface of sheeting_ _of plastics_ _or of textile materials:_ 4202 32 10 --- Jewellery box u 15% 4202 32 90 --- Other u 15% 4202 39 -- _Other :_ 4202 39 10 --- Jewellery box u 15% 4202 39 90 4202 91 00 4202 92 00 4202 99 00 -- - - - Other _Other :_ With outer surface of leather or of composition leather With outer surface of sheeting of plastics or of textile materials Other u u u u 15% 15% 15% 15% **4203** **ARTICLES** **OF** **APPAREL** **AND** **CLOTHING** **ACCESSORIES,** **OF** **LEATHER OR OF** **COMPOSITION** **LEATHER** 4203 10 - _Articles_ _of apparel:_ 4203 10 10 --- Jackets and jerseys kg. 10% 4203 10 90 4203 21 -- - Other _Gloves, mittens and mitts:_ _Specially designed for use in sports:_ kg. 10% 4203 21 10 --- Gloves kg. 10% 4203 21 20 --- Mittens and mitts kg. 10% 4203 29 -- _Other :_ 4203 29 10 --- Gloves for use in industry kg. 10% 4203 29 20 --- Other gloves kg. 10% 4203 29 30 --- Mittens and mitts kg. 10% 4203 30 00 - Belts and bandoliers kg. 10% 4203 40 - _Other clothing_ _accessories_ _:_ 4203 40 10 --- Aprons kg. 10% 4203 40 20 --- Semi-chrome grain garments kg. 10% 4203 40 90 --- Other kg. 10% **4205** **OTHER** **ARTICLES** **OF** **LEATHER** **OR** **OF** **COMPOSITION** **LEATHER** 4205 00 - _Other articles of leather or of composition_ _leather :_ --- _Straps other than for machinery or harness :_ 4205 00 11 ---- Welt kg. 10% 4205 00 19 ---- Other kg. 10% 4205 00 20 --- Leather sofa cover kg. 10% 4205 00 90 --- Other kg. 10% ----- **SECTION-VIII** **CHAPTER-42** **4206** **ARTICLES** **OF** **GUT** **(OTHER** **THAN** **SILK-WORM** **GUT),** **OF** **GOLDBEATER’S** **SKIN,** **OF** **BLADDERS** **OR** **OF TENDONS** 4206 00 10 --- For rackets kg. 10% 4206 00 90 --- Other kg. 10% ----- **SECTION-VIII** **CHAPTER-43** **CHAPTER** **43** **_Furskins and artificial fur; manufactures thereof_** **NOTES** : 1. Throughout this Schedule reference to ―furskins‖, other than to raw furskins of heading 4301 apply to hides or skins of all animals which have been tanned or dressed with the hair or wool on. 2. This Chapter does not cover : (a) birdskins or parts of birdskins, with their feathers or down (heading 0505 or 6701); (b) raw hides or skins, with the hair or wool on, of Chapter 41 [See Note 1(c) to that Chapter]; (c) gloves, mittens and mitts, consisting of leather and furskin or of leather and artificial fur (heading 4203); (d) articles of Chapter 64; (e) headgear or parts thereof of Chapter 65; or (f) articles of Chapter 95 (for example, toys, games, sports requisites). 3. Heading 4303 includes furskins and parts thereof, assembled with the addition of other materials, and furskins and parts thereof, sewn together in the form of garments or parts or accessories of garments or in the form of other articles. 4. Articles of apparel and clothing accessories (except those excluded by Note 2) lined with furskin or artificial fur or to which furskin or artificial fur is attached on the outside except as mere trimming are to be classified in heading 4303 or 4304, as the case may be. 5. Throughout this Schedule, the expression ―artificial fur‖ means any imitation of furskin consisting of wool, hair or other fibres gummed or sewn on to leather, woven fabric or other materials, but does not include imitation furskins obtained by weaving or knitting (generally, heading 5801 or 6001). **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **4301** **RAW** **FURSKINS** **(INCLUDING** **HEADS, TAILS, PAWS** **AND** **OTHER PIECES OR CUTTINGS, SUITABLE FOR** **FURRIERS’ USE), OTHER THAN RAW HIDES AND SKINS** **OF HEADING** **4101, 4102 OR 4103** 4301 10 00 - Of mink, whole, with or without head, tail u 15% or paws 4301 30 00 - Of lamb, the following : Astrakhan, u Free Broadtail, Caracul, Persian and similar lamb, Indian, Chinese, Mongolian or Tibetan lamb, whole, with or without head, tail or paws ----- **SECTION-VIII** **CHAPTER-43** **(1)** **(2)** **(3)** **(4)** **(5)** 4301 60 00 - Of fox, whole, with or without head, tail or u 15% paws 4301 80 00 - Other furskins, whole, with or without head, u 15% tail or paws 4301 90 00 - Heads, tails, paws and other pieces or kg. 15% cuttings, suitable for furriers‗ use **4302** **TANNED OR** **DRESSED FuRSKINS** **(INCLuDING HEADS,** **TAILS,** **PAWS AND OTHER PIECES OR CuTTINGS),** **uNASSEMBLED,** **OR ASSEMBLED** **(WITHOuT THE** **ADDITION** **OF OTHER** **MATERIALS)** **OTHER** **THAN** **THOSE OF HEADING** **4303** - _Whole skins, with or without head, tail or paws,_ _not assembled:_ 4302 11 00 -- Of mink u 10% 4302 19 -- _Other:_ 4302 19 10 --- Calf skins, with hair on, tanned or dressed u 10% 4302 19 20 --- Hides or skins of other bovine and equine u 10% animals with hair on, tanned or dressed 4302 19 30 --- Goat (Common) and kid skins with hair on, u 10% tanned or dressed 4302 19 40 --- Tiger-cat skins u 10% 4302 19 90 --- Hides and skins of oher animals with hair u 10% on, tanned or dressed 4302 20 00 - Heads, tails, paws and other pieces or kg. 10% cuttings, not assembled 4302 30 00 - Whole skins and pieces or cuttings thereof, kg. 10% assembled **4303** **ARTICLES** **OF** **APPAREL,** **CLOTHING** **ACCESSORIES** **AND** **OTHER ARTICLES** **OF** **FuRSKIN** 4303 10 - _Articles of apparel and clothing accessories:_ 4303 10 10 --- Of wild animals covered under the Wild Life kg. 10% (Protection) Act, 1972 4303 10 20 --- Of animals covered under Convention on kg. 10% International Trade of Endangered Species (CITES), other than those of Tariff Item 4303 10 10 4303 10 90 --- Other kg. 10% 4303 90 - _Other:_ 4303 90 10 --- Of wild animals covered under the Wild Life kg. 10% (Protection) Act, 1972 4303 90 20 --- Of animals covered under Convention on kg. 10% International Trade of Endangered Species ----- **SECTION-VIII** **CHAPTER-43** **(1)** **(2)** **(3)** **(4)** **(5)** (CITES), other than those of Tariff Item 4303 90 10 4303 90 90 --- Other kg. 10% **4304** **ARTIFICIAL FuR AND ARTICLES THEREOF** 4304 00 - _Artificial fur and articles thereof:_ --- _Artificial fur :_ 4304 00 11 ---- Artificial fur as trimmings and kg. 10% embellishments for garments, made ups, knitwear, plastic and leather goods 4304 00 19 ---- Other kg. 10% 4304 00 20 --- Articles of artificial fur kg. 10% ----- **SECTION-IX** **CHAPTER-44** **SECTION IX** **WOOD AND ARTICLES OF WOOD; WOOD CHARCOAL; CORK AND ARTICLES OF** **CORK; MANUFACTURERS OF STRAW, OF ESPARTO OR OF OTHER PLATING** **MATERIALS; BASKETWARE AND WICKERWORK** **CHAPTER** **44** **_Wood and articles of wood; wood charcoal_** **NOTES** **:** 1. This Chapter does not cover: (a) wood, in chips, in shavings, crushed, ground or powdered, of a kind used primarily in perfumery, in pharmacy, or for insecticidal, fungicidal or similar purposes (heading 1211); (b) bamboos or other materials of a woody nature of a kind used primarily for plaiting, in the rough, whether or not split, sawn lengthwise or cut to length (heading 1401); (c) wood, in chips, in shavings, ground or powdered, of a kind used primarily in dyeing or in tanning (heading 1404); (d) activated charcoal (heading 3802); (e) articles of heading 4202; (f) goods of Chapter 46; (g) footwear or parts thereof Chapter 64; (h) goods of Chapter 66 (for example, umbrellas and walking-sticks and parts thereof); (ij) goods of heading 6808; (k) imitation jewellery of heading 7117; (l) goods of Section XVI or Section XVII (for example, machine parts, cases, covers, cabinets for machines and apparatus and wheel wrights‗ wares); (m) goods of Section XVIII (for example, clock cases and musical instruments and parts thereof); (n) parts of firearms (heading 9305); (o) articles of Chapter 94 (for example, furniture, luminaires and lighting fittings, prefabricated buildings); (p) articles of Chapter 95 (for example, toys, games, sports requisites); (q) articles of Chapter 96 (for example, smoking pipes and parts thereof, buttons, pencils, and monopods, bipods, tripods and similar articles) excluding bodies and handles, of wood, for articles of heading 9603; or (r) articles of Chapter 97 (for example, works of art ). 2. In this Chapter, the expression ―densified wood‖ means wood which has been subjected to chemical or physical treatment (being, in the case of layers bonded together, treatment in excess of that needed to ensure a good bond), and which has thereby acquired increased density or hardness together with improved mechanical strength or resistance to chemical or electrical agencies. ----- **SECTION-IX** **CHAPTER-44** 3. Headings 4414 to 4421 apply to articles of the respective descriptions of particle board or similar board, fibreboard, laminated wood or densified wood as they apply to such articles of wood. 4. Products of heading 4410, 4411 or 4412 may be worked to form the shapes provided for in respect of the goods of heading 4409, curved, corrugated, perforated, cut or formed to shapes other than square or rectangular or submitted to any other operation provided it does not give them the character of articles of other headings. 5. Heading 4417 does not apply to tools in which the blade, working edge, working surface or other working part is formed by any of the materials specified in Note 1 to Chapter 82. 6. Subject to Note 1 above and except where the context otherwise requires, any reference to ―wood‖ in a heading of this Chapter applies also to bamboos and other materials of a woody nature. **Sub-heading Notes :** 1. For the purposes of sub-heading 4401 31, the expression ―wood pellets‖ means by-products such as cutter shavings, sawdust or chips, of the mechanical wood processing industry, furniture-making industry or other wood transformation activities, which have been agglomerated either directly by compression or by the addition of a binder in a proportion not exceeding 3% by weight. Such pellets are cylindrical, with a diameter not exceeding 25 mm and a length not exceeding 100 mm. 2. For the purposes of sub-heading 4401 32, the expression ―wood briquettes‖ means by-products such as cutter shavings, sawdust or chips, of the mechanical wood processing industry, furniture making or other wood transformation activities, which have been agglomerated either directly by compression or by addition of a binder in a proportion not exceeding 3% by weight. Such briquettes are in the form of cubiform, polyhedral or cylindrical units with the minimum cross-sectional dimension greater than 25 mm; 3. For the purposes of sub-heading 4407 13, ―S-P-F‖ refers to wood sourced from mixed stands of spruce, pine and fir where the proportion of each species varies and is unknown. 4. For the purposes of sub-heading 4407 14, ―Hem-fir‖ refers to wood sourced from mixed stands of Western hemlock and fir where the proportion of each species varies and is unknown. **SUPPLEMENTARY** **NOTES** **:** 1. ―Marine plywood‖ means plywood conforming to Indian Standard Specification IS 710. 2. ―Aircraft plywood‖ means plywood conforming to Indian Standard Specification Nos. IS 709 and IS 4859. 3. For the purposes of heading 4412, the expression ―similar laminated wood‖ includes blockboard, laminboard and battenboard, in which the core is thick and composed of blocks, laths or battens of wood glued or otherwise joined together and surface with the outer plies and also panels in which the wooden core is replaced by other materials such as a layer of layers of particle board, fibre board, wood waste glued or otherwise joined together, asbestos or cork. **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **4401** **FUEL WOOD, IN LOGS, IN BILLETS, IN TWIGS, IN** **FAGGOTS OR IN SIMILAR FORMS; WOOD** **IN** **CHIPS** **OR PARTICLES; SAWDUST AND WOOD WASTE** **AND** ----- - _Fuel wood, in logs, in_ _billets, in twigs, in faggots_ _or in similar forms :_ 4401 11 -- _Coniferous:_ 4401 11 10 --- In logs mt 5 % 4401 11 90 --- Other mt 5 % 4401 12 -- _Non-coniferous:_ 4401 12 10 --- In logs mt 5 % 4401 12 90 --- Other mt 5 % - _Wood in chips_ _or particles:_ 4401 21 00 -- Coniferous mt 5 % 4401 22 00 -- Non-coniferous mt 5 % - _Sawdust and wood waste and scrap, agglomerated_ _in logs briquettes, pellets orsimilar forms:_ 4401 31 00 -- Wood pellets mt 5% 4401 32 00 -- Wood briquettes mt 5% 4401 39 00 -- Other mt 5% - _Sawdust and wood waste and scrap, not_ _agglomerated_ 4401 41 00 -- Sawdust mt 5% 4401 49 00 -- Other mt 5% **4402** **WOOD** **CHARCOAL** **(INCLUDING** **SHELL** **OR** **NUT** **CHARCOAL),** **WHETHER OR** **NOT AGGLOMERATED** 4402 10 00 - Of bamboo mt 5 % 4402 20 - _Of shell or nut:_ 4402 20 10 --- Of coconut shell mt 5% 4402 20 90 --- Other mt 5 % 4402 90 00 - Other mt 5% **4403** **WOOD IN THE ROUGH, WHETHER OR NOT STRIPPED** **OF BARK OR SAPWOOD, OR ROUGHLY SQUARED** - _Treated with paint, stains, creosote or other_ _preservatives:_ 4403 11 00 -- Coniferous m[3 ] 5% 4403 12 00 -- Non-coniferous m[3 ] 5% - _Other,_ _coniferous:_ 4403 21 -- _Of pine (Pinus spp.), of which the smallest_ _cross-sectional dimension is 15 cm or more:_ 4403 21 10 --- Saw logs and veneer logs m[3 ] 4403 21 20 --- Poles, pilings and posts m[3 ] 4403 21 90 --- Other m[3 ] 4403 22 -- Of pine (Pinus spp.), other: 4403 22 10 --- Saw logs and veneer logs m[3 ] 4403 22 20 --- Poles, pilings and posts m[3 ] 4403 22 90 --- Other m[3 ] 4403 23 -- Of _fir_ (Abies spp.) _and spruce_ (Picea spp.), of _which the smallest crosssectional dimension is_ _15 cm or more:_ 4403 23 10 --- Saw logs and veneer logs m[3 ] 4403 23 20 --- Poles, pilings and posts m[3 ] 4403 23 90 --- Other m[3 ] 4403 24 -- _Of fir (Abies spp.) and spruce (Picea spp.),_ _other:_ 5% 5% 5% 5% 5% 5% 5% 5% 5% ----- **SECTION-IX** **CHAPTER-44** **(1)** **(2)** **(3)** **(4)** **(5)** 4403 24 90 --- Other m[3 ] 5% 4403 25 -- _Other, of which the smallest cross-sectional_ _dimension is 15 cm or more:_ 4403 25 10 --- Saw logs and veneer logs m[3 ] 5% 4403 25 20 --- Poles, pilings and posts m[3 ] 5% 4403 25 90 --- Other m[3 ] 5% 4403 26 -- _Other:_ 4403 26 10 --- Saw logs and veneer logs m[3 ] 5% 4403 26 20 --- Poles, pilings and posts m[3 ] 5% 4403 26 90 --- Other m[3 ] 5% - _Other, of tropical wood:_ 4403 41 00 -- Dark red meranti, light red meranti and m[3 ] 5% meranti bakau 4403 42 00 -- Teak m[3 ] 5 % 4403 49 00 -- Other m[3 ] 5 % - _Other :_ 4403 9100 -- Of oak (Quercus Spp.) m[3] 5 % 4403 93 00 -- Of beech (Fagus spp.), of which the smallest m[3] 5 % cross-sectional dimension is 15 cm or more 4403 94 00 -- Of beech (Fagus spp.), other m[3] 5 % 4403 95 00 -- Of birch (Betula spp.), of which the smallest m[3] 5 % cross-sectional dimension is 15 cm or more 4403 96 00 -- Of birch (Betula spp.), other m[3] 5 % 4403 97 00 -- Of poplar and aspen (Populus spp.) m[3] 5 % 4403 98 00 -- Of eucalyptus (Eucalyptus spp.) m[3] 5 % 4403 99 -- _Other :_ --- _Andaman Padauk (Pterocarous_ _dalbaergiodes)_ _Bonsum_ _(Phoebe_ _goalparensis)_ _Gurgan_ _(Dipterocarpus_ _alatus) Khair_ _(Acacia Catechu) Lampati_ _(Duabanga grandiflora) Laurel_ _(Terminalia alata) Paliwood (Palaquium_ _Elliplicum)_ _and Red_ _Sanders_ _(Pterocar pus_ _Sautaninus)_ _and Rose_ _wood_ _(Dalbergea_ _Latifolio):_ 4403 99 11 ---- Andaman Padauk (Pterocarous dalbaergiodes) m[3] 5 % 4403 99 12 ---- Bonsum (Phoebe goalparensis) m[3] 5 % 4403 99 13 ---- Gurgan (Dipterocarpus alatus) m[3] 5 % 4403 99 14 ---- Khair (Acacia Catechu) m[3] 5 % 4403 99 15 ---- Lampati (Duabanga grandiflora) m[3] 5 % 4403 99 16 ---- Laurel (Terminalia alata) m[3] 5 % 4403 99 17 ---- Paliwood (Palaquium Elliplicum) m[3] 5 % 4403 99 18 ---- Red Sanders(Pterocar pus Sautatinus) m[3] 5 % ----- **SECTION-IX** **CHAPTER-44** **(1)** **(2)** **(3)** **(4)** **(5)** 4403 99 19 ---- Rose Wood (Dalbergea Latifolio) m[3 ] 5 % --- _Sal (Chorea robusta) Sandalwood (Santalum_ _album) Semul (Bombax ceiba) Walnut wood_ _(Juglans binata) Anjam (Hardwickia binata)_ _Sisso (Dalbergia sisso) and White cedar_ _(Dysozylum spp) and the like:_ 4403 99 21 ---- Sal (Chorea robusta) 5 % m[3] 4403 99 22 ---- Sandal wood (Santalum alburn) m[3] 5 % 4403 99 23 ---- Semul (Bombax ceiba) m[3] 5 % 4403 99 24 ---- Walnut wood (Juglans binata) m[3] 5 % 4403 99 25 ---- Anjam (Hardwickia binata) m[3] 5 % 4403 99 27 ---- Sissoo (Dalbergia sisso) m[3] 5 % 4403 99 28 ---- White cedar (Dysozylum malabaricum) m[3] 5 % 4403 99 90 --- Other m[3] 5 % **4404** **HOOPWOOD;** **SPLIT POLES; PILES, PICKETS AND** **STAKES OF** **WOOD, POINTED BUT NOT** **SAWN** **LENGTHWISE; WOODEN STICKS, ROUGHLY TRIMMED** **BUT NOT TURNED, BENT OR OTHERWISE** **WORKED,** **SUITABLE** **FOR** **THE** **MANUFACTURE** **OF** **WALKING** **STICKS,** **UMBRELLAS,** **TOOL HANDLES OR THE LIKE;** **CHIPWOOD AND THE LIKE** 4404 10 00 - Coniferous kg. 10% 4404 20 - _Non-coniferous_ _:_ 4404 20 10 4404 20 20 -- -- Wooden sticks, roughly trimmed but not turned, bent or otherwise worked, suitable for the manufacture of walking sticks, tool handles, split poles, piles, pickets, stakes and the like Drawn Wood kg. kg. 10% 10% 4404 20 90 --- Other kg. 10% **4405 00 00** **WOOD** **WOOL;** **WOOD** **FLOUR** kg. 10% **4406** **RAILWAY** **OR** **TRAMWAY** **SLEEPERS** **(CROSSTIES)** **OF WOOD** - _Not impregnated:_ 4406 11 00 -- Coniferous kg. 10% 4406 12 00 -- Non-coniferous kg. 10% _- Other:_ 4406 91 00 -- Coniferous kg. 10% 4406 92 00 -- Non-coniferous kg. 10% ----- **SECTION-IX** **CHAPTER-44** **(1)** **(2)** **(3)** **(4)** **(5)** **4407** **WOOD SAWN** **OR** **CHIPPED LENGTHWISE, SLICED** **OR PEELED, WHETHER OR NOT** **PLANED, SANDED** **OR** **END-JOINTED,** **OF** **A** **THICKNESS** **EXCEEDING** **6** **MM** - _Coniferous:_ 4407 11 00 - - Of pine (Pinus spp.) m 3 10% 4407 12 00 - - Of fir (Abies spp.) and Spruce ( Picea spp.) m 3 10% 4407 13 00 -- Of S-P-F (spruce (Picea spp.), pine (Pinus spp.), m 3 10% and fir (Abies spp.)) 4407 14 00 -- Of Hem-fir (Western hemlock m 3 10% (Tsugaheterophylla) and fir (Abies spp.)) 4407 19 - - _Other:_ 4407 19 10 - - - Douglas fir (Pseudotsuga menziesii) m 3 10% 4407 19 90 - - - Other m[3 ] 10% - _Of tropical wood:_ 4407 21 00 -- Mahogany (Swietenia spp.) m[3 ] 10% 4407 22 00 -- Virola, Imbuia and balsa m[3 ] 10% 4407 23 00 -- Teak m[3 ] 10% 4407 25 00 -- Dark Red Meranti, Light Red Meranti and m[3 ] 10% Meranti Bakau 4407 26 00 -- White Lauan, White Meranti, White Seraya, m[3 ] 10% Yellow Meranti and Alan 4407 27 00 -- Sapelli m[3 ] 10% 4407 28 00 -- Iroko m[3 ] 10% 4407 29 00 -- Other m[3 ] 10% - _Other :_ 4407 91 00 -- Of oak (Quercus Spp.) m[3] 10% 4407 92 00 -- Of beech (Fagus Spp.) m[3] 10% 4407 93 00 -- Of maple (Acer spp.) m[3] 10% 4407 94 00 -- Of cherry (Prunus spp.) m[3] 10% 4407 95 00 -- Of ash (Fraxinus spp.) m[3] 10% 4407 96 00 **- -** Of birch (Betula spp.) m[3] 10% 4407 97 00 **- -** Of poplar and aspen (Populus spp.) m[3] 10% 4407 99 -- _Other :_ 4407 99 20 --- Willow m[3] 10% 4407 99 90 --- Other m[3] 10% **4408** **SHEETS** **FOR** **VENEERING** **(INCLUDING** **THOSE** **OBTAINED** **BY** **SLICING** **LAMINATED** **WOOD),** **FOR** **PLYWOOD OR FOR SIMILAR** **LAMINATED WOOD** **AND OTHER WOOD,** **SAWN LENGTHWISE,** **SLICED** **OR PEELED,** **WHETHER OR NOT PLANED,** **SANDED,** **SPLICED OR END-JOINTED,** **OF A THICKNESS NOT** 4408 10 **EXCEEDING** **6 MM** _Coniferous:_ ----- **SECTION-IX** **CHAPTER-44** **(1)** **(2)** **(3)** **(4)** **(5)** 4408 10 20 --- Oak wood veneer kg. 10% 4408 10 30 --- Veneer sheets, for match boxes and kg. 10% match splints 4408 10 90 --- Other kg. 10% - _Of tropical wood:_ 4408 31 -- _Of Dark red meranti,_ _Light red meranti,_ _Meranti bakau:_ 4408 31 10 --- Sheets for plywood kg. 10% 4408 31 20 --- Veneer sheets (of Rose wood) kg. 10% 4408 31 30 --- Veneer sheets, for match boxes and match kg. 10% splints 4408 31 90 --- Other kg. 10% 4408 39 -- _Other :_ 4408 39 10 --- Sheets for plywoods kg. 10% 4408 39 20 --- Veneer sheets (of Rose wood) kg. 10% 4408 39 30 --- Veneer sheets, for match boxes and match kg. 10% splints 4408 39 90 --- Other kg. 10% 4408 90 - _Other :_ 4408 90 10 --- Sheets for plywoods kg. 10% 4408 90 20 --- Veneer sheets, for match boxes and match kg. 10% splints 4408 90 90 --- Other kg. 10% **4409** **WOOD** **(INCLUDING** **STRIPS** **AND** **FRIEZES** **FOR** **PARQUET FLOORING,** **NOT** **ASSEMBLED)** **CONTINUOUSLY SHAPED** **(TONGUED,** **GROOVED,** **REBATED,** **CHAMFERED,** **V-JOINTED,** **BEADED,** **MOULDED,** **ROUNDED OR THE LIKE)** **ALONG ANY** **OF ITS EDGES OR FACES,** **WHETHER** **OR NOT** **PLANED,** **SANDED OR** **END-JOINTED** 4409 10 - _Coniferous :_ 4409 10 10 --- Planed, tongued, grooved, rebated, kg. 10% chamfered, V-jointed, and the like but not further moulded 4409 10 20 --- Beadings, and mouldings (including kg. 10% moulded, skirting and other moulded boards) 4409 10 90 --- Other kg. 10% - _Non-coniferous_ 4409 21 00 -- Of bamboo kg. 10% 4409 22 00 -- Of tropical wood kg. 10% 4409 29 -- _Other:_ 4409 29 10 --- Planed, tongued, grooved, rebated, chamfered, kg. 10% V-jointed, and the like but not further moulded 4409 29 20 --- Beadings and mouldings (including moulded kg. 10% ----- **SECTION-IX** **CHAPTER-44** **(1)** **(2)** **(3)** **(4)** **(5)** skirting and other moulded boards) 4409 29 90 --- Other kg. 10% **4410** **PARTICLE BOARD, ORIENTED STRAND BOARD (OSB)** **AND SIMILAR BOARD(FOR EXAMPLE, WAFERBOARD)** **OF WOOD** **OR OTHER** **LIGNEOUS MATERIALS,** **WHETHER OR NOT AGGLOMERATED WITH RESINS OR** **OTHER ORGANIC BINDING SUBSTANCES** - _Of wood:_ 4410 11 -- _Particle board:_ 4410 11 10 --- Plain particle boards kg. 10% 4410 11 20 --- Insulation board and hardboard kg. 10% 4410 11 30 --- Veneered particle board, not having decorative kg. 10% veneers on any face 4410 11 90 --- Others kg. 10% 4410 12 -- _Oriented strand board (OSB):_ 4410 12 10 --- Unworked or not further worked than sanded kg. 10% 4410 12 90 --- Other kg. 10% 4410 19 00 -- Other kg. 10% 4410 90 - _Other:_ 4410 90 10 --- Plain particle board kg. 10% 4410 90 20 --- Insulation board and hard board kg. 10% 4410 90 30 --- Veneered particle board, not having decorative kg. 10% veneers on any face 4410 90 40 --- Of Coir kg. 10% 4410 90 50 --- Of jute fibre kg. 10% 4410 90 90 --- Other kg. 10% **4411** **FIBRE** **BOARD** **OF** **WOOD** **OR** **OTHER** **LIGNEOUS** **MATERIALS, WHETHER OR NOT BONDED WITH RESINS** **OR OTHER ORGANIC SUBSTANCES** **-** _Medium density fibre board (MDF):_ 4411 12 00 -- Of a thickness not exceeding 5mm kg. 10% 4411 13 00 -- Of a thickness exceeding 5mm but not exceeding kg. 10% 9mm 4411 14 00 -- Of a thickness exceeding 9mm kg. 10% - _Other:_ 4411 92 -- _Of a density exceeding 0.8 gm/cm[3 ]:_ --- _Not mechanically worked or surface covered:_ 4411 92 11 ---- Hardboard kg. 10% 4411 92 19 ---- Other kg. 10% ----- **SECTION-IX** **CHAPTER-44** **(1)** **(2)** **(3)** **(4)** **(5)** --- _Other:_ 4411 92 21 ---- Hardboard kg. 10% 4411 92 29 ---- Other kg. 10% 4411 93 -- _Of a density exceeding 0.5 gm/cm [3 ]but not_ _exceeding0.8 gm/cm [3 ]:_ _--- Not mechanically worked or surface covered:_ 4411 93 11 ---- Insulation board kg. 10% 4411 93 19 ---- Other kg. 10% --- _Other:_ 4411 93 21 ---- Insulation board kg. 10% 4411 93 29 ---- Other kg. 10% 4411 94 -- _Of a density not exceeding 0.5 gm/cm_ _[3 ]_ _:_ _--- Not mechanically worked or surface covered:_ 4411 94 11 ---- Insulation board kg. 10% 4411 94 19 ---- Other kg. 10% --- _Other:_ 4411 94 21 ---- Insulation board kg. 10% 4411 94 22 ---- Of Coir kg. 10% 4411 94 23 ---- Of jute fibre kg. 10% 4411 94 29 ---- Other kg 10% **4412** **PLYWOOD, VENEERED PANELS AND SIMILAR LAMINATED** **WOOD** 4412 10 00 - Of bamboo m [3 ] 10% - _Other plywood, consisting solely of sheets of_ _wood (other than bamboo), each ply not_ _exceeding 6 mm thickness:_ 4412 31 -- _With at least one outer ply of tropical wood :_ 4412 31 10 --- Decorative plywood m [3] 10% 4412 31 20 --- Tea chest panels or shooks, packed in sets m [3] 10% 4412 31 30 --- Other tea chest panels m [3] 10% 4412 31 40 --- Marine and aircraft plywood m [3] 10% 4412 31 50 --- Cuttings and trimmings of plywood of width not m [3] 10% exceeding 5cm 4412 31 90 --- Other m [3] 10% 4412 33 **--** _Other, with at least one outer ply of non-_ _coniferous wood of the species alder (Alnus_ _spp.), ash (Fraxinus spp.), beech (Fagus spp.),_ _birch (Betula spp.), cherry (Prunus spp.),_ _chestnut (Castanea spp.), elm (Ulmus spp.),_ _eucalyptus (Eucalyptus spp.), hickory (Carya_ _spp.), horse chestnut (Aesculus spp.), lime (Tilia_ _spp.), maple (Acer spp.), oak (Quercus spp.),_ _plane tree (Platanus spp.), poplar and aspen_ ----- **SECTION-IX** **CHAPTER-44** **(1)** **(2)** **(3)** **(4)** **(5)** _(Populus spp.), robinia (Robinia spp.), tulipwood_ 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 4412 33 10 _(Liriodendron spp.) or walnut (Juglans spp.):_ Decorative plywood 4412 33 10 **---** Decorative plywood 4412 33 20 **---** Tea chest panels, shooks whether or not packed 4412 33 30 **---** in sets Marine and aircraft plywood 4412 33 40 **---** Cutting and trimmings of plywood of width not exceeding 5 cm 4412 33 90 **---** Other 4412 34 **--** _Other, with at least one outer ply of non-_ _coniferous wood not specified under sub-heading_ _4412 33:_ 4412 34 10 **---** Decorative plywood 4412 34 20 **---** Tea chest panels, shooks whether or not packed in sets 4412 34 30 **---** Marine and aircraft plywood 4412 34 40 **---** Cutting and trimmings of plywood of width not exceeding 5 cm 4412 34 90 **---** Other 4412 39 **--** _Other, with both outer plies of coniferous wood:_ 4412 39 10 **---** Decorative plywood 4412 39 20 **---** Tea chest panels, shooks whether or not packed in sets 4412 39 30 **---** Marine and aircraft plywood 4412 39 40 **---** Cutting and trimmings of plywood of width not exceeding 5 cm 4412 39 90 **---** Other - _Laminated veneered lumber (LVL):_ 4412 4100 -- With at least one outer ply of tropical wood 4412 42 00 -- Other, with at least one outer ply of non-coniferous wood 4412 49 00 -- Other, with both outer plies of coniferous wood - _Blockboard, laminboard and battenboard:_ 4412 51 00 -- With at least one outer ply of tropical wood 4412 52 00 -- Other, with at least one outer ply of non-coniferous wood 4412 59 00 -- Other, with both outer plies of coniferous wood - _Other:_ 4412 91 -- _With at least one outer ply of tropical wood:_ 4412 91 10 --- Decorative plywood 4412 91 20 --- Tea chest panels, shooks whether or not packed in sets 4412 91 30 --- Marine and aircraft plywood 4412 91 40 --- Cutting and trimmings of plywood of width not exceeding 5 cm 4412 91 90 --- Other 4412 92 -- _Other, with at least one outer ply of non-coniferous_ _wood:_ m [3] m [3] m [3] m [3] m [3] m [3] m [3] m [3] m [3] m [3] m [3] m [3] m [3] m [3] m [3] m [3] m [3] m [3] m [3] m [3] m [3] m [3] m [3] m [3] m [3] m [3] 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% ----- 4412 92 30 --- Marine and aircraft plywood m[3] 4412 92 40 --- Cutting and trimmings of plywood of width not m[3] exceeding 5 cm 4412 92 90 --- Other m[3 ] 4412 99 -- _Other, with at least one outer ply of coniferous_ _wood:_ 4412 99 10 --- Decorative plywood m[3 ] 4412 99 20 --- Tea chest panels, shooks whether or not packed in sets m[3 ] 4412 99 30 --- Marine and aircraft plywood m[3 ] 4412 99 40 --- Cutting and trimmings of plywood of width not m[3 ] exceeding 5 cm 4412 99 90 --- Other m[3 ] 10[%] 10[%] 10[%] 10[%] 10[%] 10[%] 10[%] 10[%] **4413 00 00** **DENSIFIED** **WOOD,** **IN** **BLOCKS,** **PLATES,** **STRIPS,** OR PROFILE SHAPES kg. 10% **4414** **WOODEN** **FRAMES** **FOR** **PAINTINGS,** **PHOTOGRAPHS,** kg. 10% **MIRRORS OR SIMILAR OBJECTS** Of tropic wood Other 10% 10% 4414 10 4414 90 00 00 kg. kg. **4415** **PACKING** **CASES,** **BOXES,** **CRATES,** **DRUMS** **AND** **SIMILAR** **PACKINGS,** **OF** **WOOD;** **CABLE-DRUMS OF** **WOOD;** **PALLETS,** **BOX** **PALLETS** **AND** **OTHER** **LOAD** **BOARDS,** **OF** **WOOD;** **PALLET** **COLLARS OF** **WOOD** 4415 10 00 - Cases, boxes, crates, drums and similar u 10% packings; cable-drums 4415 20 00 - Pallets, box pallets and other load boards; u 10% pallet collars **4416** **CASKS,** **BARRELS,** **VATS,** **TUBS** **AND** **OTHER** **COOPERS’** **PRODUCTS** **AND** **PARTS** **THEREOF,** **OF** **WOOD,** **INCLUDING STAVES** 4416 00 - _Casks,_ _barrels,_ _vats,_ _tubs and other coopers’_ _products and parts thereof, of wood, including_ _staves:_ 4416 00 10 --- Casks, barrels, vats and tubs kg. 10% 4416 00 20 --- Other coopers‗ products kg. 10% --- _Parts_ _(of wood):_ 4416 00 91 ---- Riven or sawn staves of wood not further kg. 10% prepared 4416 00 99 ---- Other kg. 10% **4417 00 00** **TOOLS,** **TOOL** **BODIES,** **TOOL** **HANDLES,** **BROOM** **OR** kg. 10% **BRUSH BODIES** **AND HANDLES,** **OF** **WOOD; BOOT OR** **SHOE LASTS AND TREES,** **OF** **WOOD** **4418** **BUILDERS’** **JOINERY** **AND** **CARPENTRY** **OF** **WOOD,** **INCLUDING CELLULAR WOOD** **PANELS, ASSEMBLED** **FLOORING PANELS,** **SHINGLES AND SHAKES** - _Windows, french-windows_ _and their_ _frames:_ 4418 11 00 Of t i l d k 10% ----- - _Doors_ _and their_ _frames_ _and_ _thresholds:_ 4418 21 -- _Of tropical wood:_ 4418 21 10 --- Flush doors kg. 10% 4418 21 20 --- Frames and thresholds of flush doors kg. 10% 4418 21 90 --- Other kg. 10% 4418 29 -- _Other:_ 4418 29 10 --- Flush doors 4418 29 20 --- Frames and thresholds of flush doors kg. 10% 4418 29 90 --- Other kg. 10% 4418 30 00 - Posts and beams other than products of sub-heading kg. 10% 4418 81 to 4418 89 4418 40 00 - Shuttering for concerete constructional work kg. 10% 4418 50 00 - Shingles and shakes kg. 10% - _Assembled flooring panels:_ 4418 73 00 - - Of bamboo or with at least the top layer (wear kg. 10% layer) of bamboo 4418 74 00 - - Other, for mosaic floors kg. 10% 4418 75 00 - - Other, multilayer kg. 10% 4418 79 00 - - Other kg. 10% - _Engineered structural timber products:_ 4418 81 00 -- Glue-laminated timber (glulam) kg. 10% 4418 82 00 -- Cross-laminated timber (CLT or X-lam) kg. 10% 4418 83 00 -- I beams kg. 10% 4418 89 00 -- Other kg. 10% - _Other:_ 4418 91 00 -- Of bamboo kg. 10% 4418 92 00 -- Cellular wood panels kg. 10% 4418 99 00 -- Other kg. 10% **4419** **TABLEWARE** **AND** **KITCHENWARE,** **OF** **WOOD** **-** _Of bamboo:_ 4419 11 00 **--** Bread boards, chopping boards and similar boards kg. 10% 4419 12 00 **--** Chopsticks kg. 10% 4419 19 00 **--** Other kg. 10% 4419 20 00 **-** of tropical wood kg. 10% 4419 90 **-** _Other:_ 4419 90 10 **---** Bread boards, chopping boards and similar boards kg. 10% 4419 90 20 **---** Chopsticks kg. 10% **-** 4419 90 90 **---** Other kg. 10% **4420** **WOOD MARQUETRY AND INLAID** **WOOD;** **CASKETS AND** **CASES FOR JEWELLERY OR CUTLERY, AND SIMILAR** **ARTICLES,** **OF** **WOOD;** **STATUETTES** **AND** **OTHER** **ORNAMENTS,** **OF WOOD;** **WOODEN ARTICLES** **OF** **FURNITURE** **NOT** **FALLING** **IN** **CHAPTER** **94** - _Statuettes_ _and other ornaments, of wood:_ 4420 11 00 -- Of tropical wood kg. 10% 44 20 19 00 -- Other kg. 10% 4420 90 - _Other :_ 4420 90 10 --- Wood marquetry and inlaid wood kg. 10% 4420 90 90 --- Other kg. 10% **4421** **OTHER** **ARTICLES** **OF** **WOOD** ----- 4421 91 **--** _Other:_ _Of bamboo:_ **---** _Spools, cops, bobbins, sewing thread reels and_ _the like of turned wood:_ 4421 91 11 **----** For cotton machinery kg. 10% 4421 91 12 **----** For jute machinery kg. 10% 4421 91 13 **----** For silk regenerated and synthetic fibre machinery kg. 10% 4421 91 14 **----** For other machinery kg. 10% 4421 91 19 **----** Other kg. 10% 4421 91 20 **---** Wood Paving Blocks kg. 10% 4421 91 30 **---** Match splints kg. 10% 4421 91 40 **---** Pencil slats kg. 10% 4421 91 50 **---** Parts of wood, namely oars, paddles and rudders kg. 10% for ships, boats and other similarfloating structures 4421 91 60 **---** Parts of domestic decorative articles used as kg. 10% tableware and kitchenware 4421 91 70 **---** Articles of densified wood not included or kg. 10% specified elsewhere 4421 91 90 **---** Other kg. 10% 4421 99 **--** _Other:_ **---** _Spools, cops, bobbins, sewing thread reels_ _and the like of turned wood:_ 4421 99 11 **----** For cotton machinery kg. 10% 4421 99 12 **----** For jute machinery kg. 10% 4421 99 13 **----** For silk regenerated and synthetic fibre machinery kg. 10% 4421 99 14 **----** For other machinery kg. 10% 4421 99 19 **----** Other kg. 10% 4421 99 20 **---** Wood Paving Blocks kg. 10% 4421 99 30 **---** Match splints kg. 10% 4421 99 40 **---** Pencil slats kg. 10% 4421 99 50 **---** Parts of wood, namely oars, paddles and rudders kg. 10% for ships, boats and other similarfloating structures 4421 99 60 **---** Parts of domestic decorative articles used as kg. 10% tableware and kitchenware 4421 99 70 **---** Articles of densified wood not included or kg. 10% specified elsewhere 4421 99 90 **---** Other kg. 10% ----- **SECTION-IX** **CHAPTER-45** **CHAPTER** **45** **_Cork and articles of cork_** **NOTE** **:** This Chapter does not cover : (a) footwear or parts of footwear of Chapter 64; (b) headgear or parts of headgear of Chapter 65; or (c) articles of Chapter 95 (for example, toys, games, sports requisites). **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard** **Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **4501** **NATURAL** **CORK,** **RAW** **OR** **SIMPLY** **PREPARED;** **WASTE** **CORK;** **CRUSHED,** **GRANULATED OR** **GROUND CORK** 4501 10 00 - Natural cork, raw or simply prepared kg. 10% 4501 90 00 - Other kg. 10% **4502 00 00** **NATURAL CORK, DEBACKED OR ROUGHLY SQUARED,** kg. 10% **OR IN RECTANGULAR (INCLUDING SQUARE) BLOCKS,** **PLATES, SHEETS OR STRIP** **(INCLUDING SHARP-EDGED** **BLANKS FOR CORKS OR STOPPERS)** **4503** **ARTICLES** **OF** **NATURAL** **CORK** 4503 10 00 - Corks and stoppers kg. 10% 4503 90 **-** _Other :_ 4503 90 10 --- Shuttlecock cork bottom kg. 10% 4503 90 90 --- Other kg. 10% **4504** **AGGLOMERATED CORK (WITH** **OR WITHOUT** **A** **BINDING SUBSTANCE)** **AND ARTICLES OF** **AGGLOMERATED CORK** 4504 10 4504 10 10 -- _Blocks, plates, sheets and strip; tiles of any_ _shape; solid cylinders, including discs :_ Sheets kg. 10% 4504 10 20 --- Slabs kg. 10% 4504 10 90 --- Other kg. 10% 4504 90 00 - Other kg. 10% ----- **SECTION-IX** **CHAPTER-46** **CHAPTER** **46** **_Manufactures of straw, of esparto or of other plaiting materials; basketware and_** **_wickerwork_** **NOTES** **:** 1. In this Chapter, the expression ―plaiting materials‖ means materials in a state or form suitable for plaiting, interlacing or similar processes; it includes straw, osier or willow, bamboos, rattan, rushes, reeds, strips of wood, strips of other vegetable material (for example, strips of bark, narrow leaves and raffia or other strips obtained from broad leaves), unspun natural textile fibres, monofilament and strip and the like of plastics and strips of paper, but not strips of leather or composition leather or of felt or non-wovens, human hair, horsehair, textile rovings or yarns, or monofilament and strip and the like of Chapter 54. 2. This Chapter does not cover: (a) wall coverings of heading 4814; (b) twine, cordage, ropes or cables, plaited or not (heading 5607); (c) footwear or headgear or parts thereof of Chapter 64 or 65; (d) vehicles or bodies for vehicles of basketware (Chapter 87); or (e) articles of Chapter 94 (for example, furniture, luminaires and lighting fittings). 3. For the purposes of heading 4601, the expression ―plaiting materials, plaits and similar products of plaiting materials, bound together in parallel strands‖ means plaiting materials, plaits and similar products of plaiting materials, placed side by side and bound together, in the form of sheets, whether or not the binding materials are of spun textile materials. **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **4601** **PLAITS** **AND** **SIMILAR** **PRODUCTS** **OF PLAITING** **MATERIALS, WHETHER OR NOT ASSEMBLED INTO STRIPS** **; PLAITING MATERIALS, PLAITS AND SIMILAR PRODUCTS** **OF** **PLAITING MATERIALS,** **BOUND TOGETHER IN** **PARALLEL** **STRANDS OR** **WOVEN,** **IN** **SHEET** **FORM,** **WHETHER OR NOT BEING FINISHED ARTICLES** **(FOR** **EXAMPLE, MATS, MATTING, SCREENS)** _- Mats, matting and screens of vegetable materials :_ 4601 21 00 -- Of bamboo kg. 10% 4601 22 00 -- Of rattan kg. 10% 4601 29 00 -- Other kg. 10% - Other 4601 92 00 -- Of bamboo kg. 10% 4601 93 00 -- Of rattan kg. 10% 4601 94 00 -- Of other vegetable materials kg. 10% ----- **SECTION-IX** **CHAPTER-46** **(1)** **(2)** **(3)** **(4)** **(5)** 4601 99 00 -- Other kg. 10% **4602** **BASKETWORK, WICKERWORK** **AND** **OTHER** **ARTICLES, MADE** **DIRECTLY TO SHAPE FROM PLAITING MATERIALS OR MADE** _-_ **UP FROM GOODS OF HEADING 4601; ARTICLES OF LOOFAH** _Of vegetable materials :_ 4602 11 00 -- Of bamboo kg. 10% 4602 12 00 -- Of rattan kg. 10% 4602 19 -- _Other :_ kg. 10% --- _Of palm leaves :_ 4602 19 11 ---- Baskets kg. 10% 4602 19 19 ---- Other kg. 10% 4602 19 90 4602 90 00 -- 10% 10% Other Other kg. kg. ----- **SECTION-X** **CHAPTER-47** **SECTION X** **PULP OF WOOD OR OF OTHER FIBROUS CELLULOSIC MATERIAL; RECOVERED** **(WASTE AND SCRAP) PAPER OR PAPERBOARD; PAPER AND PAPERBOARD** **AND ARTICLES THERE OF** **CHAPTER 47** **_Pulp of wood or of other fibrous cellulosic material; recovered_** **_(waste and scrap) paper or paperboard_** **NOTE** **:** For the purposes of heading 4702, the expression ―chemical wood pulp, dissolving grades‖ means chemical wood pulp having by weight an insoluble fraction of 92% or more for soda or sulphate wood pulp or of 88% or more for sulphite wood pulp after one hour in a caustic soda solution containing 18% sodium hydroxide (NaOH) at 20[o]C, and for sulphite wood pulp an ash content that does not exceed 0.15% by weight. **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard** **Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **4701 00 00** **MECHANICAL** **WOOD** **PULP** kg. 5% **4702 00 00** **CHEMICAL** **WOOD** **PULP,** **DISSOLVING** **GRADES** kg. 5% **4703** **CHEMICAL** **WOOD** **PULP,** **SODA** **OR** **SULPHATE,** **OTHER THAN DISSOLVING GRADES** - _Unbleached :_ 4703 11 00 -- Coniferous kg . 5% 4703 19 00 4703 21 00 - - Non-coniferous _Semi-bleached or bleached :_ Coniferous kg. kg. 5% 5% 4703 29 00 -- Non-coniferous kg. 5% **4704** **CHEMICAL** **WOOD** **PULP,** **SULPHITE,** **OTHER** **THAN** **DISSOLVING GRADES** - _Unbleached :_ 4704 11 00 -- Coniferous kg. 5% 4704 19 00 4704 21 00 - - Non-coniferous _Semi-bleached or bleached_ **_:_** Coniferous kg. kg. 5% 5% 4704 29 00 -- Non-coniferous kg 5% ----- **SECTION-X** **CHAPTER-47** **(1)** **(2)** **(3)** **(4)** **(5)** **4705 00 00** **WOOD** **PULP** **OBTAINED** **BY** **A** **COMBINATION** **OF** kg. 5% **MECHANICAL AND CHEMICAL PULPING PROCESSES** **4706** **PULPS** **OF** **FIBRES** **DERIVED** **FROM** **RECOVERED** **(WASTE AND SCRAP)** **PAPER OR PAPERBOARD OR OF** **OTHER FIBROUS CELLULOSIC MATERIAL** 4706 10 00 - Cotton linters pulp kg. 5% 4706 20 00 - Pulps of fibres derived from recovered kg. 5% (waste and scrap) paper or paperboard 4706 30 00 - Other, of bamboo kg. 5% - _Other :_ 4706 91 00 -- Mechanical kg. 5% 4706 92 00 -- Chemical kg. 5% 4706 30 00 4706 93 00 - - Obtained by a combination of mechanical and chemical processes **4707** **RECOVERED** **(WASTE** **AND** **SCRAP)** **PAPER** **OR** **PAPERBOARD** kg. 5% 4707 10 00 - Unbleached kraft paper or paperboard or kg. 10% 4707 20 00 4707 30 00 4707 90 00 corrugated paper or paperboard Other paper or paperboard made mainly of bleached chemical pulp, not coloured in the mass Paper or paperboard made mainly of mechanical pulp (for example, newspapers, journals and similar printed matter) Other, including unsorted waste and scrap kg. kg. kg. 10% 10% 10% ----- **SECTION-X** **CHAPTER-48** **CHAPTER** **48** **_Paper and paperboard; articles of paper pulp, of paper or of paperboard_** **NOTES** **:** 1. For the purposes of this Chapter, except where the context otherwise requires, a reference to ―paper‖ includes references to paperboard (irrespective of thickness or weight per m[2]). 2. This Chapter does not cover: (a) articles of Chapter 30; (b) stamping foils of heading 3212; (c) perfumed papers or papers impregnated or coated with cosmetics (Chapter 33); (d) paper or cellulose wadding impregnated, coated or covered with soap or detergent (heading 3401), or with polishes, creams or similar preparations (heading 3405); (e) sensitised paper or paperboard of headings 3701 to 3704; (f) paper impregnated with diagnostic or laboratory reagents (heading 3822); (g) paper-reinforced stratified sheeting of plastics, or one layer of paper or paperboard coated or covered with a layer of plastics, the latter consituting more than half the total thickness, or articles of such materials, other than wall coverings of heading 4814 (Chapter 39); (h) articles of heading 4202 (for example, travel goods); (ij) articles of Chaper 46 (manufactures of plaiting material); (k) paper yarn or textile articles of paper yarn (Section XI); (l) articles of Chapter 64 or Chapter 65; (m) abrasive paper or paperboard (heading 6805) or paper or paperboard-backed mica (heading 6814) (paper and paperboard coated with mica powder are, however, to be classified in this Chapter); (n) metal foil backed with paper or paperboard (generally XIV or Section XV); (o) articles of heading 9209; (p) articles of Chapter 95 (for example, toys, games, sports requisites); or (q) articles of Chapter 96 [for example, buttons, sanitary towels (pads) and tampons, napkins (diapers) and napkin liners]. 3. Subject to the provisions of Note 7, headings 4801 to 4805 include paper and paperboard which have been subjected to calendering, super-calendering, glazing or similar finishing, false watermarking or surface sizing, and also paper, paperboard, cellulose wadding and webs of cellulose fibres, coloured or marbled throughout the mass by any method. Except where heading 4803 otherwise requires, these headings do not apply to paper, paperboard, cellulose wadding or webs of cellulose fibres which have been otherwise processed. 4. In this Chapter the expression ―newsprint‖ means uncoated paper of a kind used for the printing of newspapers, of which not less than 50% by weight of the total fibre content consists of wood fibres obtained by a mechanical or chemi-mechanical process, unsized or vey lightly sized, having a surface roughness ----- **SECTION-X** **CHAPTER-48** Parker Print Surf (1 Mpa) on each side exceeding 2.5 micrometres (microns), weighing not less than 40 g/m[2 ] and not more than 65 g/m[2 ]and applies only to paper: (a) in strips or rolls of a width exceeding 28 cm; or (b) in rectangular (including square) sheets with one side exceeding 28 cm and the other side exceeding 15 cm in the unfolded state 5. For the purposes of heading 4802, the expressions ―paper and paperboard, of a kind used for writing, printing or other graphic purposes‖ and ―non-perforated punch-cards and punch tape paper‖ mean paper and paperboard made mainly from bleached pulp or from pulp obtained by a mechanical or chemi-mechanical process and satisfying any of the following criteria: (A) For paper or paperboard weighing not more than 150 g/m2 : (a) containing 10% or more of fibres obtained by a mechanical or chemi-mechanical process, and 1. weighing not more than 80 g/m[2 ] ; or 2. coloured throughout the mass; or (b) containing more than 8% ash, and 1. weighing not more than 80 g/m[2 ] ; or 2. coloured throughout the mass; or (c) containing more than 3% ash and having a brightness of 60% or more ;or (d) containing more than 3% but not more than 8% ash, having a brightness less than 60%, and a burst index equal to or less than 2.5kPa. m[2]/g; or (e) containing 3% ash or less, having a brightness of 60% or more and a burst index equal to or less than 2.5 kPa.m[2]/g. (B) For paper or paperboard weighing more than 150 g/m[2 ] : (a) coloured throughout the mass; or (b) having a brightness of 60% or more, and 1. a caliper of 225 micrometres (microns) or less, or 2. a caliper of more than 225 micrometres (microns) but not more than 508 micrometres (microns) and an ash content more than 3%; or (c) having a brightness of less than 60%, a caliper of 254 micrometres (microns) or less and an ash content more than 8%. Heading 4802 does not, however, cover filter paper or paperboard (including tea-bag paper) or felt paper or paperboard. 6. In this Chapter ―kraft paper and paperboard‖ means paper and paperboard of which not less than 80% by weight of the total fibre content consists of fibres obtained by the chemical sulphate or soda processes. 7. Except where the terms of the headings otherwise require, paper, paperboard, cellulose wadding and webs of cellulose fibres answering to a description in two or more of the headings 4801 to 4811 are to be ----- **SECTION-X** **CHAPTER-48** classified under that one of such headings which occurs last in numerical order in this Schedule. 8. Headings 4803 to 4809, apply only to paper, paperboard, cellulose wadding and webs of cellulose fibres : (a) in strips or rolls of a width exceeding 36 cm; or (b) in rectangular (including square) sheets with one side exceeding 36 cm and the other side exceeding 15 cm in the unfolded state. 9. For the purposes of heading 4814, the expression ―wall paper and similar wall coverings‖ applies only to : (a) paper in rolls, of a width of not less than 45 cm and not more than 160 cm suitable for wall or ceiling decoration : (i) grained, embossed, surface-coloured, design-printed or otherwise surface-decorated (for example, with textile flock), whether or not coated or covered with transparent protective plastics; (ii) with an uneven surface resulting from the incorporation of particles of wood, straw, etc.; (iii) coated or covered on the face side with plastics, the layer of plastics being grained, embossed, coloured, design-printed or otherwise decorated; or (iv) covered on the face side with plaiting material, whether or not bound together in parallel strands or woven; (b) borders and friezes, of paper, treated as above whether or not in rolls, suitable for wall or ceiling decoration; (c) wall coverings of paper made up of several panels, in rolls or sheets, printed so as to make up a scene, design or motif when applied to a wall. Products on a base of paper or paperboard, suitable for use both as floor coverings and as wall coverings, are to be classified in heading 4823. 10. Heading 4820 does not cover loose sheets or cards, cut to size, whether or not printed, embossed or perforated. 11. Heading 4823 applies, inter alia, to perforated paper or paperboard cards for Jacquard or similar machines and paper lace. 12. Except for the goods of heading 4814 or 4821, paper, paperboard, cellulose wadding and articles thereof, printed with motifs, characters or pictorial representations, which are not merely subsidiary to the primary use of the goods, fall in Chapter 49. **SUB-HEADING** **NOTES** **:** 1. For the purposes of sub-headings 4804 11 and 4804 19, ―Kraft-liner‖ means machine-finished or machine-glazed paper and paperboard, of which not less than 80% by weight of the total fibre content consists of wood fibres obtained by the chemical sulphate or soda processes, in rolls, weighing more than 115 g/m[2 ]and having a minimum Mullen bursting strength as indicated in the following table or the linearly interpolated or extrapolated equivalent for any other weight. ----- **SECTION-X** **CHAPTER-48** Weight g/m[2] Minimum Mullen bursting strength (kPa) 115 393 125 417 200 637 300 824 400 961 2. For the purposes of sub-headings 4804 21 and 4804 29, ―sack kraft paper‖ means machine finished paper, of which not less than 80% by weight of the total fibre content consists of fibres obtained by the chemical sulphate or soda processes, in rolls, weighing not less than 60 g/m[2 ] but not more than 115 g/m[2 ] and meeting one of the following sets of specifications : (a) having a Mullen burst index of not less than 3.7 kPa m[2]/g and a stretch factor of more than 4.5% in the cross direction and of more than 2% in the machine direction. (b) having minimum for tear and tensile as indicated in the following table or the linearly interpolated equivalent for any other weight : Weight g/m[2] Minim um tear mN Minium tensile kN/m Machine direction Machine direction plus cross direction Cross direction Machine direction plus cross direction 60 700 1,510 1.9 6 70 830 1,790 2.3 7.2 80 965 2,070 2.8 8.3 100 1,230 2,635 3.7 10.6 115 1,425 3,060 4.4 12.3 3. For the purposes of sub-heading 4805 11, ―semi-chemical fluting paper‖ means paper, in rolls, of which not less than 65% by weight of the total fibre content consists of unbleached hardwood fibres obtained by a combination of a mechanical and chemical pulping processes, and having a CMT 30 (corrugated Medium 2 Test with 30 minutes of conditioning) crush resistance exceeding 1.8 newtons/g/m at 50 % relative humidity at 23 C. 0 4. Sub-heading 4805 12 covers paper, in rolls, made mainly of straw pulp obtained by a combination of a mechanical and chemical pulping processes, weighing 130 g/m[2 ] or more, and having a CMT 30 (Corrugated Medium Test with 30 minutes of conditioning) crush resistance exceeding 1.4 newtons/g/m[2 ]at 50% relative humidity, at 23[0 ]C. 5. Sub-headings 4805 24 and 4805 25 cover paper and paperboard made wholly or mainly of pulp of recovered (waste and scrap) paper or paperboard. Testliner may also have a surface layer of dyed paper or of paper made of bleached or unbleached non-recovered pulp. These products have a Mullen burst index of not less than 2 kPa.m[2]/g. ----- **SECTION-X** **CHAPTER-48** 6. For the purposes of sub-heading 4805 30, ―sulphite wrapping paper‖ means machine-glazed paper, of which more than 40% by weight of the total fibre content consists of wood fibres obtained by the chemical sulphite process, having an ash content not exceeding 8% and having a Mullen burst index of not less than 1.47 kPa. m[2]/g. 7. For the purposes of sub-heading 4810 22, ―light-weight coated paper‖ means paper, coated on both sides, of a total weight not exceeding 72 g/m[2], with a coating weight not exceeding 15 g/m[2 ]per side, on a base of which not less than 50% by weight of the total fibre content consists of wood fibres obtained by a mechanical process. "Supplementary Notes: Nothwithstanding anything contained in Note 12, if paper and paper products of heading 4811, 4816 or 4820 are printed with any character, name, logo, motif or format, they shall remain classified under the respective headings as long as such products are intended to be used for futher printing or writing." **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard** **Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **4801** **-** **NEWSPRINT,** **IN ROLLS OR SHEETS** 4801 00 - _Newsprint, in rolls or sheets :_ 4801 00 10 --- Glazed kg. 10% 4801 00 90 --- Other kg. 10% **4802** **UNCOATED PAPER AND PAPERBOARD, OF A** **KIND** **USED** **F OR WRI TING, P RINTING OR O THER GRAP HIC** **PURPOSES, AND NON-PERFORATED PUNCH CARD AND** **PUNCH TAPE PAPER, IN ROLLS OR RECTANGULAR** **(INCLUDING SQUARE) SHEETS OF ANY SIZE,** **OTHER** **THAN PAPER OF** **HEADING** **4801** **OR 4803;** **HAND MADE** **PAPER AND PAPERBOARD** 4802 10 - _Hand-made paper and paperboard :_ 4802 10 10 --- Paper kg. 10% 4802 10 20 --- Paperboard kg. 10% 4802 20 4802 20 10 - _Paper and paperboard of a kind used as a base_ _for photo-sensitive, heat-sensitive or electro-_ _sensitive paper or paperboard :_ 4802 20 10 --- Photographic base paper, uncoated kg. 10% 4802 20 90 --- Other kg. 10% 4802 40 00 - Wall paper base - _Other paper and paperboard, not containing_ _fibres_ _obtained_ _by a mechanical_ _or chemi-_ _mechanical process or of which not more than_ _10% by weight of the total fibre content consists_ _of such fibres :_ kg. 10% ----- **SECTION-X** **CHAPTER-48** **(1)** **(2)** **(3)** **(4)** **(5)** 4802 54 -- _Weighing less than 40 g/m[2 ]:_ 4802 54 10 --- India Paper kg. 10% 4802 54 20 --- Litho and offset paper kg. 10% 4802 54 30 --- Duplicating paper kg. 10% 4802 54 40 --- Airmail paper kg. 10% 4802 54 50 --- Tissue paper kg. 10% 4802 54 90 --- Other kg. 10% 4802 55 -- _Weighing 40 g/m[2 ]or more but not more than 150_ _g/m[2], in rolls:_ 4802 55 10 --- Litho and offset paper kg. 10% 4802 55 20 --- Drawing paper kg. 10% 4802 55 30 --- Duplicating paper kg. 10% 4802 55 40 --- Account book paper kg. 10% 4802 55 50 --- Bank, bond and cheque paper kg. 10% 4802 55 60 --- Currency note paper kg. 10% 4802 55 70 --- Paper for security printing, currency paper, kg. 10% stamp paper 4802 55 90 --- Other kg. 10% 4802 56 -- _Weighing 40 g/m[2 ]or more but not more than 150_ _g/m[2], in sheets with one side not exceeding 435_ _mm and the other side not exceeding 297 mm in_ _the unfolded state :_ 4802 56 10 --- Litho and offset paper kg. 10% 4802 56 20 --- Drawing paper kg. 10% 4802 56 30 --- Duplicating paper kg. 10% 4802 56 40 --- Account book paper kg. 10% 4802 56 50 --- Bank, bond and cheque paper kg. 10% 4802 56 60 --- Currency note paper kg. 10% 4802 56 70 --- Paper for security printing, currency paper, kg. 10% stamp paper 4802 56 90 --- Other kg. 10% 4802 57 -- _Other, weighing 40 g/m2 or more but not_ _more than 150 g/m[2 ]:_ 4802 57 10 --- Litho and offset paper kg. 10% 4802 57 20 --- Drawing paper kg. 10% 4802 57 30 --- Duplicating paper kg. 10% 4802 57 40 --- Account book paper kg. 10% 4802 57 50 --- Bank, bond and cheque paper kg. 10% 4802 57 60 --- Currency note paper kg. 10% 4802 57 70 --- Paper for security printing, currency paper, kg. 10% stamp paper 4802 57 90 --- Other kg. 10% 4802 58 -- _Weighing more than 150 g/m[2 ]:_ 4802 58 10 --- Litho and offset paper kg. 10% 4802 58 20 --- Drawing paper kg. 10% 4802 58 30 --- Duplicating paper kg. 10% 4802 58 40 --- Bank, bond and cheque paper kg. 10% 4802 58 50 --- Paper for security printing, currency paper, kg. 10% ----- **SECTION-X** **CHAPTER-48** **(1)** **(2)** **(3)** **(4)** **(5)** - _Other paper and paperboard, of which more_ _than 10% by weight of the total fibre content_ _consists of fibres obtained by a mechanical_ _or chemi-mechanical process_ **_:_** 4802 61 -- _In rolls :_ 4802 61 10 --- Drawing paper kg. 10% 4802 61 20 --- Poster paper kg. 10% 4802 61 30 --- Printing paper dyed or marbled in mass kg. 10% 4802 61 40 --- Account book paper kg. 10% 4802 61 50 --- Automatic data processing machine paper kg. 10% 4802 61 60 --- Paper for security printing, currency paper, kg. 10% stamp paper 4802 61 90 --- Other kg. 10% 4802 62 -- _In sheets with_ _one side not exceeding_ _435 mm_ _and the other side not exceeding 297 mm in the_ _unfolded state :_ 4802 62 10 --- Drawing paper kg. 10% 4802 62 20 --- Poster paper kg. 10% 4802 62 30 --- Printing paper dyed or marbled in mass kg. 10% 4802 62 40 --- Account book paper kg. 10% 4802 62 50 --- Automatic data processing machine paper kg. 10% 4802 62 60 --- Paper for security printing, currency paper, kg. 10% stamp paper 4802 62 90 --- Other kg. 10% 4802 69 -- _Other :_ 4802 69 10 --- Drawing paper kg. 10% 4802 69 20 --- Poster paper kg. 10% 4802 69 30 --- Printing paper dyed or marbled in mass kg. 10% 4802 69 40 --- Account book paper kg. 10% 4802 69 50 --- Automatic data processing machine paper kg. 10% 4802 69 60 --- Paper for security printing, currency paper, kg. 10% 4802 62 90 -- kg. 4802 69 90 -- stamp paper Other 10% **4803** **-** **TOILET** **OR** **FACIAL** **TISSUE** **STOCK,** **TOWEL** **OR** **NAPKIN** **STOCK** **AND** **SIMILAR PAPER OF** **A** **KIND USED** **FOR** **HOUSEHOLD OR SANITARY PURPOSES,** **CELLULOSE** **WADDING AND WEBS OF CELLULOSE FIBRES, WHETHER** **O R** **N OT** **C RE P E D,** **C RI NK LE D,** **E M B OS S E D,** **P ERF OR ATED,** **S URFACE-C OLOU RED,** **SU RFACE-** **DECORATED OR PRINTED, IN ROLLS OR SHEETS** 4803 00 - _Toilet or facial tissue stock, towel or napkin_ _stock_ _and similar_ _paper_ _of a kind_ _used_ _for_ _household or sanitary purposes, cellulose_ _wadding and webs of cellulose fibres, whether_ ----- **SECTION-X** **CHAPTER-48** **(1)** **(2)** **(3)** **(4)** **(5)** _or not creped, crinkled, embossed, perforated,_ _surface- coloured,_ _surface-decorated_ _or_ _printed, in rolls or sheets_ **_:_** 4803 00 10 --- In commercial sizerolls of a width 36 cm kg. 10% 4803 00 90 -- and above Other kg. 10% **4804** **UNCOATED KRAFT PAPER** **AND** **PAPERBOARD,** **IN** **ROLLS OR SHEETS,** **OTHER THAN THAT OF HEADING** **4802** **OR 4803** _Kraftliner :_ 4804 11 00 -- Unbleached kg. 10% 4804 19 00 -- Other kg. 10% _Sack kraft paper :_ Unbleached kg. 4804 21 00 - 10% 4804 29 00 -- Other kg. 10% - _Other kraft paper and paperboard weighing_ 4804 31 00 - _150 g/m[2 ]or less:_ Unbleached kg. 10% 4804 39 00 -- Other kg. 10% - _Other kraft paper and paperboard weighing more_ _than 150 g/m[2 ]_ _but less than 225 g/m[2]:_ 4804 41 00 -- Unbleached kg. 10% 4804 42 00 -- Bleached uniformly throughout the mass kg. 10% and of which more than 95% by weight of the total fibre content consists of wood fibres obtained by a chemical process 4804 49 00 -- Other kg. 10% - _Other kraft paper and paperboard weighing_ 4804 51 00 - _225 g/m[2 ]or more :_ Unbleached kg. 10% 4804 52 00 -- Bleached uniformly throughout the mass kg. 10% and of which more than 95% by weight of the total fibre content consists of wood fibres obtained by a chemical process 4804 59 00 -- Other kg. 10% **4805** **OTHER** **UNCOATED** **PAPER** **AND** **PAPERBOARD,** **IN** **ROLLS** **OR SHEETS,** **NOT FURTHER** **WORKED** **OR** **PROCESSED** **THAN** **AS** **SPECIFIED** **IN** **NOTE** **3** **TO** **THIS** **CHAPTER** - _Fluting paper_ **_:_** 4805 11 00 -- Semi-chemical fluting paper kg. 10% 4805 12 00 -- Straw fluting paper kg. 10% 4805 19 00 -- Other kg. 10% ----- **SECTION-X** **CHAPTER-48** **(1)** **(2)** **(3)** **(4)** **(5)** - _Testliner (recycled liner board)_ **_:_** 4805 24 00 -- Weighing 150 g/m[2 ]or less kg. 10% 4805 25 00 -- Weighing more than 150 g/m[2] kg. 10% `4805 30 00 - Sulphite wrapping paper kg. 10% 4805 40 00 - Filter paper and paperboard kg. 10% 4805 50 00 - Felt paper and paperboard kg. 10% - Other : 4805 91 00 -- Weighing 150 g/m[2 ]or less kg. 10% 4805 92 00 -- Weighing more than 150 g/m[2 ]but less kg. 10% than 225 g/m 2 2 4805 93 00 -- Weighing 225 g/m[2 ]or more kg. 10% **4806** **VEGETABLE** **PARCHMENT,** **GREASEPROOF** **PAPERS,** **TRACING PAPERS AND GLASSINE AND OTHER GLAZED** **TRANSPARENT OR TRANSLUCENT PAPERS, IN ROLLS** **OR SHEETS** 4806 10 00 - Vegetable parchment kg. 10% 4806 20 00 - Greaseproof papers kg. 10% 4806 30 00 - Tracing papers kg. 10% 4806 40 - _Glassine and other glazed transparent or_ _translucent papers :_ 4806 40 10 --- Glassine papers kg. 10% 4806 40 90 --- Other kg. 10% **4807** **COMPOSITE PAPER AND PAPERBOARD** **(MADE BY** **STICKING FLAT LAYERS OF PAPER OR PAPERBOARD** **TOGETHER WITH AN ADHESIVE), NOT SURFACE-** **COATED** **OR IMPREGNATED, WHETHER** **OR NOT** **INTERNALLY REINFORCED,** **IN ROLLS OR SHEETS** 4807 00 - _Composite paper and paperboard (made by_ _sticking_ _flat layers_ _of_ _paper_ _or_ _paperboard_ _together with an adhesive), not surface-coated_ _or impregnated,_ _whether_ _or not_ _internally_ _reinforced, in rolls or sheets :_ 4807 00 10 --- Straw paper and other straw board, whether kg. 10% or not covered with paper other than straw paper 4807 00 90 --- Other kg. 10% **4808** **PAPER** **AND** **PAPERBOARD,** **CORRUGATED** **(WITH** **OR** **WITHOUT** **GLUED** **FLAT** **SURFACE** **SHEETS),** **CREPED,** **CRINKLED,** **EMBOSSED OR PERFORATED, IN ROLLS OR** **SHEETS, OTHER THAN PAPER OF THE KIND DESCRIBED** **IN HEADING** **4803** ----- **SECTION-X** **CHAPTER-48** **(1)** **(2)** **(3)** **(4)** **(5)** 4808 10 00 - Corrugated paper and paperboard, whether kg. 10% or not perforated 4808 40 - _Kraft paper, creped or crinkled, whether or not_ 4808 40 10 - - _embossed or Perforated:_ Sack kraft paper, creped or crinkled, whether or not embossed or perforated kg. 10% 4808 40 90 - - - Other kraft paper, creped or crinkled, whether or not embossed or perforated kg. 10% 4808 90 00 - Other kg. 10% **4809** **CARBON PAPER, SELF-COPY** **PAPER** **AND** **OTHER** **COPYING** **OR** **TRANSFER PAPERS** **(INCLUDING** **COATED** **OR IMPREGNATED PAPER FOR DUPLICATOR STENCILS** **OR OFFSET PLATES),** **WHETHER OR NOT PRINTED,** **IN** **ROLLS OR SHEETS** 4809 20 00 - Self-copy paper kg. 10% 4809 90 00 - Other kg. 10% **4810** 4810 13 - **4810** **PAPER AND PAPERBOARD, COATED ON ONE OR BOTH** **SIDES WITH KAOLIN** **(CHINA CLAY) OR OTHER** **INORGANIC SUBSTANCES, WITH OR WITHOUT A** **BINDER, AND WITH NO OTHER COATING, WHETHER** **OR NOT SURFACE** **- COLOURED, SURFACE-DECORATED** **OR PRINTED, IN ROLLS OR RECTANGULAR (INCLUDING** **SQUARE) SHEETS, OF** **ANY** **SIZE** - _Paper and paperboard of a kind used for writing,_ _printing or other graphic purposes, not_ _containing fibres obtained by a mechanical or_ _chemi-mechanical process or of which not more_ _than 10% by weight of the total fibre content_ _consists of such fibres :_ 4810 13 -- _In rolls :_ 4810 13 10 --- Imitation art paper kg. 10% 4810 13 20 --- Art paper kg. 10% 4810 13 30 --- Chrome paper or paperboard kg. 10% 4810 13 90 --- Other kg. 10% 4810 14 -- _In sheets with one side not exceeding 435 mm_ _and the other side not exceeding 297 mm in the_ _unfolded state :_ 4810 14 10 --- Imitation art paper kg. 10% 4810 14 20 --- Art paper kg. 10% 4810 14 30 --- Chrome paper or paperboard kg. 10% 4810 14 90 --- Other kg. 10% 4810 19 -- _Other :_ ----- **SECTION-X** **CHAPTER-48** **(1)** **(2)** **(3)** **(4)** **(5)** 4810 19 10 --- Imitation art paper kg. 10% 4810 19 20 --- Art paper kg. 10% 4810 19 30 --- Chrome paper or paperboard kg. 10% 4810 19 90 --- Other kg. 10% - _Paper and_ _paperboard of a kind_ _used_ _for_ _writing, printing or_ _other_ _graphic purposes,_ _of which more than 10% by weight of the total_ _fibre content consists of fibres obtained by a_ _mechanical or chemi-mechanical process :_ 4810 22 00 -- Light-weight coated paper kg. 10% 4810 29 00 -- Other kg. 10% - _Kraft paper and paperboard, other than that of_ _a kind used for writing, printing or other_ _graphic_ _purposes_ **_:_** 4810 31 00 -- Bleached uniformly throughout the mass and of kg. 10% which more than 95% by weight of the total fibre content consists of wood fibres obtained by a chemical process, and weighing 150 g/m[2 ] or less 4810 32 00 -- Bleached uniformly throughout the mass and of kg. 10% which more than 95% by weight of the total fibre content consists of wood fibres obtained by a chemical process, and weighing more than 150 g/m[2] 4810 39 -- _Other :_ 4810 39 10 --- Insulating paper kg. 10% 4810 39 20 --- Electric insulating press board kg. 10% 4810 39 30 --- Insulation boards (homogenous) kg. 10% 4810 39 90 --- Other kg. 10% - _Other paper and paperboard :_ 4810 92 00 -- Multi-ply kg. 10% 4810 99 00 -- Other kg. 10% **4811** **PAPER, PAPERBOARD, CELLULOSE WADDING AND** **WEBS OF** **CELLULOSE** **FIBRES, COATED, IMPREGNATED,** **C OV E RE D,** **S UR FAC E - C OL O URE D,** **S URFAC E -** **DECORATED OR PRINTED, IN ROLLS OR RECTANGULAR** **(INCLUDING SQUARE) SHEETS, OF ANY SIZE, OTHER** **THAN GOODS OF THE KIND DESCRIBED IN HEADING** **4803, 4809** **OR 4810** 4811 10 00 - Tarred, bituminised or asphalted paper and kg. 10% paperboard - _Gummed or adhesive paper and paperboard :_ 4811 41 00 -- Self-adhesive kg. 10% 4811 49 00 -- Other kg. 10% ----- **SECTION-X** **CHAPTER-48** **(1)** **(2)** **(3)** **(4)** **(5)** _Paper and paperboard, coated, impregnated or_ _covered with plastics (excluding adhesives) :_ _Bleached weighing more than 150 g/m[2]:_ 4811 51 - 4811 51 10 - - - Aseptic packaging paper kg. 10% 4811 51 90 - - - Other kg. 10% 4811 59 - - _Other:_ 4811 59 10 - - - Aseptic packaging paper kg. 10% 4811 59 90 - - - Other kg. 10% 4811 60 00 - Paper and paperboard, coated, impregnated or kg. 10% covered with wax, paraffin wax, stearine, oil or glycerol 4811 90 - _Other paper, paperboard, cellulose wadding and_ _webs of cellulose fibres :_ --- _Handmade paper and paperboard, rules, lined_ _or squared but not otherwise printed; chromo and_ _art paper, coated, building board of paper or_ _pulp, impregnated; chromo board; raw base_ _paper for sensitising, coated; surface marbled_ _paper; leather board and imitation leather board;_ _and matrix board :_ 4811 90 11 ---- Handmade paper and paperboard, rules, kg. 10% lined or squared but not otherwise printed 4811 90 12 ---- Chromo and art paper, coated kg. 10% 4811 90 13 ---- Building board of paper or pulp, impregnated kg. 10% 4811 90 14 ---- Chromo board kg. 10% 4811 90 15 ---- Raw base paper for sensitising, coated kg. 10% 4811 90 16 ---- Surface marbled paper kg. 10% 4811 90 17 ---- Leather board and imitation leather board kg. 10% 4811 90 18 4811 90 91 --- -- --- Matrix board _Other :_ Grape guard paper kg. kg. 10% 10% 4811 90 93 ---- Thermal paper for fax machines kg. 10% 4811 90 94 4811 90 95 4811 90 96 4811 90 99 --- --- --- --- Thermal paper in jumbo rolls (of size 1 m and above in width and 5,000 m and above in length) Thermal paper in jumbo rolls (of size 1 m and above in width and less than 5,000 m in length) Thermal paper in rolls of size less than 1 m in width Other kg. kg. kg. kg. 10% 10% 10% 10% **4812 00 00** **FILTER** **BLOCKS,** **SLABS** **AND** **PLATES,** **OF** **PAPER** **PULP** kg. 10% **4813** **CIGARETTE** **PAPER,** **WHETHER** **OR** **NOT** **CUT** **TO** **SIZE** **OR IN THE FORM OF BOOKLETS OR TUBES** 4813 10 00 - In the form of booklets or tubes kg. 10% 4813 20 00 - In rolls of a width not exceeding 5 cm kg. 10% 4813 90 - _Other_ **_:_** 4813 90 10 --- Cigarette paper in bulk or in sheets kg 10% ----- **SECTION-X** **CHAPTER-48** **(1)** **(2)** **(3)** **(4)** **(5)** 4813 90 90 --- Other kg. 10% **4814** **WALLPAPER** **AND** **SIMILAR** **WALL** **COVERINGS;** **WINDOW** **TRANSPARENCIES OF PAPER** 4814 20 00 4814 90 00 Wallpaper and similar wall coverings, consisting of paper coated or covered, on the face side, with a grained, embossed,coloured, design-printed or otherwise decorated layer of plastics Other kg. kg. 10% 10% **4816** **CARBON-PAPER, SELF-COPY PAPER AND OTHER** **COPYING OR TRANSFER** **PAPERS** **(OTHER** **THAN** **THOSE OF** **HEADING** **4809),** **DUPLICATOR** **STENCILS** **AND** **OFFSET** **PLATES,** **OF PAPER,** **WHETHER OR NOT PUT UP IN BOXES** 4816 20 - _Self-copy paper_ **_:_** 4816 20 10 --- Duplicating paper, cut to size kg. 10% 4816 20 20 --- Paper for fax machine kg. 10% 4816 20 90 --- Other kg. 10% 4816 90 - _Other :_ 4816 90 10 --- Other copying or transfer papers (excluding kg. 10% printed transfer) cut to size whether or not put up in boxes 4816 90 20 --- Calculating machine paper in rolls and strips not kg. 10% exceeding 15 cm in width 4816 90 90 --- Other kg. 10% **4817** **ENVELOPES, LETTER CARDS, PLAIN POSTCARDS AND** **C OR RE S P ON D ENC E C AR DS,** **O F PA PE R O R** **PAPERBOARD; BOXES, POUCHES, WALLETS AND** **WRITING COMPENDIUMS,** **OF** **PAPER OR PAPERBOARD,** **CONTAINING AN ASSORTMENT OF PAPER STATIONERY** 4817 10 00 - Envelopes kg. 10% 4817 20 00 - Letter cards, plain postcards and correspondence kg. 10% cards 4817 30 - _Boxes,_ _pouches,_ _wallets_ _and_ _writing_ _compendiums,_ _of_ _paper_ _or_ _paperboard,_ _containing an assortment of paper stationery:_ 4817 30 10 --- Writing blocks kg. 10% 4817 30 90 --- Other kg. 10% ----- **SECTION-X** **CHAPTER-48** **(1)** **(2)** **(3)** **(4)** **(5)** **4818** **TOILET PAPER** **AND SIMILAR** **PAPER, CELLULOSE** **WADDING** **OR** **WEBS** **OF** **CELLULOSE** **FIBRES,** **OF** **A** **KIND** **USED** **FOR** **HOUSEHOLD** **OR** **SANITARY** **PURPOSES,** **IN** **ROLLS OF** **A** **WIDTH** **NOT** **EXCEEDING** **36** **CM,** **OR** **CUT** **TO** **SIZE** **OR** **SHAPE;** **HANDKERCHIEFS,** **CLEANSING** **TISSUES,** **TOWELS,** **TABLE** **CLOTHS,** **SERVIETTES,** **BED** **SHEETS** **AND** **SIMILAR** **HOUSEHOLD,** **SANITARY** **OR** **HOSPITAL** **ARTICLES,** **ARTICLES** **OF** **APPAREL** **AND** **CLOTHING ACCESSORIES,** **OF PAPER** **PULP,** **PAPER,** **CELLULOSE WADDING OR WEBS OF CELLULOSE FIBRES** 4818 10 00 - Toilet paper kg. 10% 4818 20 00 - Handkerchiefs, cleansing or facial tissues and kg. 10% towels 4818 30 00 - Tablecloths and serviettes kg. 10% 4818 50 00 - Articles of apparel and clothing accessories kg. 10% 4818 90 00 - Other kg. 10% **4819** **CARTONS, BOXES, CASES, BAGS AND OTHER PACKING** **CONTAINERS, OF PAPER, PAPERBOARD, CELLULOSE** **WADDING OR WEBS OF CELLULOSE FIBRES; BOX FILES,** **LETTER TRAYS, AND SIMILAR ARTICLES, OF PAPER OR** **PAPERBOARD OF A KIND USED IN OFFICES,** **SHOPS OR** **THE LIKE** 4819 10 - Cartons, boxes and cases, of corrugated paper _or paperboard :_ 4819 10 10 --- Boxes kg. 10% 4819 10 90 --- Other kg. 10% 4819 20 - Folding cartons, boxes and cases, of non _corrugated paper and paperboard :_ 4819 20 10 --- Cartons, boxes, cases, intended for the kg. 10% packing of match sticks 4819 20 20 --- Boxes kg. 10% 4819 20 90 --- Other kg. 10% 4819 30 00 - Sacks and bags, having a base of a width of kg. 10% 40 cm or more 4819 40 00 - Other sacks and bags, including cones kg. 10% 4818 30 00 4819 50 - _Other packing containers, including record sleeves_ **_:_** 4819 50 10 --- Made of corrugated paper or paperboard kg. 10% 4819 50 90 --- Other kg. 10% 4819 60 00 - Box files, letter trays, storage boxes and similar articles, of a kind used in offices, shops or the like **4820** **REGISTERS,** **ACCOUNT** **BOOKS,** **NOTE** **BOOKS,** **ORDER** **B O OK S,** **R EC E IP T** **B O OK S,** **L E T TE R** **PA DS,** kg. 10% ----- **SECTION-X** **CHAPTER-48** **(1)** **(2)** **(3)** **(4)** **(5)** **MEMORANDUM PADS,** **DIARIES AND SIMILAR ARTICLES,** **EXERCISE BOOKS,** **BLOTTING-PADS,** **BINDERS** **(LOOSE-** **LEAF OR OTHER),** **FOLDERS,** **FILE COVERS,** **MANIFOLD** **BUSINESS FORMS,** **INTERLEAVED CARBON SETS AND** **OTHER ARTICLES OF STATIONERY,** **OF PAPER OR** **PAPE RBOARD;** **ALBUM S F OR SAM P LES OR F OR** **COLLECTIONS AND BOOK COVERS,** **OF PAPER OR** **PAPERBOARD** 4820 10 4820 10 10 -- _Registers, account books, note books, order_ _books, receipt books, letter pads, memorandum_ _pads, diaries and similar articles :_ Registers, account books kg. 10% 4820 10 20 --- Letter pads kg. 10% 4820 10 90 --- Other kg. 10% 4820 20 00 - Exercise books kg. 10% 4820 30 00 - Binders (other than book covers), folders kg. 10% kg. kg. 4820 40 00 4820 50 00 and file covers Manifold business forms and interleaved carbon sets Albums for samples or for collections 10% 10% 4820 90 - _Other :_ 4820 90 10 --- Blotting papers cut to size kg. 10% 4820 90 90 --- Other kg. 10% **4821** **PAPER** **OR** **PAPERBOARD** **LABELS** **OF** **ALL** **KINDS,** **WHETHER OR NOT PRINTED** 4821 10 - _Printed :_ 4821 10 10 --- Paper tags kg. 10% 4821 10 20 --- Labels kg. 10% 4821 10 90 --- Other kg. 10% 4821 90 - _Other :_ 4821 90 10 --- Labels kg. 10% 4821 90 90 --- Other kg. 10% **4822** **BOBBINS,** **SPOOLS,** **COPS** **AND** **SIMILAR** **SUPPORTS** **OF** **PAPER PULP,** **PAPER OR PAPERBOARD** **(WHETHER** **OR** **NOT PERFORATED OR HARDENED)** 4822 10 00 - Of a kind used for winding textile yarn kg. 10% 4822 90 - _Other :_ 4822 90 10 --- Paper tubes kg. 10% 4822 90 90 --- Other kg. 10% **4823** **OTHER PAPER, PAPERBOARD, CELLULOSE WADDING AND** **WEBS OF CELLULOSE FIBERS, CUT TO SIZE OR SHAPE;** **OTHER** **ARTICLES** **OF** **PAPERPULP,** **PAPER,** **PAPERBOARD,** **CELLULOSE WADDING OR WEBS OF CELLULOSE FIBERS** ----- **SECTION-X** **CHAPTER-48** **(1)** **(2)** **(3)** **(4)** **(5)** 4823 20 00 - Filter paper and paperboard kg. 10% 4823 40 00 4823 61 00 - Rolls, sheets and dials, printed for selfrecording apparatus _Trays. dishes, plates, cups and the like,of paperor_ _paperboard:_ Of bamboo kg. kg. 10% 10% 4823 69 00 -- Other kg. 10% 4823 70 - _Moulded or pressed article of paper pulp :_ 4823 70 10 --- Paper pulp moulded trays kg. 10% 4823 70 20 --- Wood pulp board kg. 10% 4823 70 30 4823 70 90 4823 90 4823 90 11 -- -- -- --- Articles made of paper mache other than artware and moulded or pressed goods of wood pulp Other _Other :_ _Braille paper, cellulose in sole board or sheet;_ _packing and wrapping paper; paper for cigarette_ _filter tips; paper cone for loud speaker; patterns_ _made of papers for leather footwear, leather_ _garments and goods; patterns made of paper for_ _articles of apparel and clothing accessories,_ _products consisting of sheets of paper or paper-_ _board, impregnated, coated or covered with_ _plastics (including thermoset resins or mixtures_ _thereof or chemical formulations, contain-ing_ _melamine phenol or urea formaldehyde with or_ _without curing agents or catalysts), compressed_ _together in one or more operations; decorative_ _laminates :_ Braille paper kg. kg. kg. 10% 10% 10% 4823 90 12 ---- Cellulose in sole board or sheet kg. 10% 4823 90 13 ---- Packing and wrapping paper kg. 10% 4823 90 14 ---- Paper for cigarette filter tips kg. 10% 4823 90 15 ---- Paper cone for loud speaker kg. 10% 4823 90 16 ---- Patterns made of papers for leather kg. 10% footwear, leather garments and goods 4823 90 17 ---- Patterns made of paper for articles of apparel and kg. 10% clothing accessories 4823 90 18 ---- Products consisting of sheets of paper or kg. 10% paperboard, impregnated, coated or covered with plastics (including thermoset resins or mixtures thereof or chemical formulations containing melamine, phenol or urea formaldehyde with or without curing agents or catalysts), compressed together in one or more operations 4823 90 19 ---- Decorative laminates kg. 10% ----- **SECTION-X** **CHAPTER-48** **(1)** **(2)** **(3)** **(4)** **(5)** --- _Pre-punched_ _cards;_ _monotype and newstape_ _paper in strips with perforated edges, not_ _exceeding 15 cm in width; typewriting paper cut_ _to size and the like :_ 4823 90 21 ---- Pre-punched cards kg. 10% 4823 90 22 ---- Monotype and newstape paper in strips with kg. 10% perforated edges, not exceeding 15cmin width 4823 90 23 ---- Typewriting paper cut to size kg. 10% 4823 90 30 --- Plain or embossed seals made of paper, kg. 10% laminated paper or paper gaskets 4823 90 90 --- Other kg. 20% Note: Cellophane Transparent Film (also known as Cellophane Transparent paper) - Attracts ADD vide notification 94/2006-Cus. dt. 7.9.2006 Ch.39. ----- **SECTION-X** **CHAPTER-49** **CHAPTER** **49** **_Printed books, newspapers, pictures and other products of the printing industry; manuscripts,_** **_typescripts and plans_** **NOTES** **:** 1. This Chapter does not cover : (a) photographic negatives or positives on transparent bases (Chapter 37) ; (b) maps, plans or globes, in relief, whether or not printed (heading 9023) ; (c) playing cards or other goods of Chapter 95 ; or (d) original engravings, prints or lithographs (heading 9702), postage or revenue stamps, stamp postmarks, first-day covers, postal stationery or the like of heading 9704, antiques of an age exceeding one hundred years or other articles of Chapter 97. 2. For the purposes of Chapter 49, the term ―printed‖ also means reproduced by means of a duplicating machine, produced under the control of an automatic data processing machine, embossed, photographed, photocopied, thermocopied or typewritten. 3. Newspapers, journals and periodicals which are bound otherwise than in paper, and sets of newspapers, journals or periodicals comprising more than one number under a single cover are to be classified in heading 4901, whether or not containing advertising material. 4. Heading 4901 also covers : (a) a collection of printed reproductions of, for example, works of art or drawings, with a relative text, put up with numbered pages in a form suitable for binding into one or more volumes ; (b) a pictorial supplement accompanying, and subsidiary to, a bound volume ; and (c) printed parts of books or booklets, in the form of assembled or separate sheets or signatures, constituting the whole or a part of a complete work and designed for binding. However, printed pictures or illustrations not bearing a text, whether in the form of signatures or separate sheets, fall in heading 4911. 5. Subject to Note 3 to this Chapter, heading 4901 does not cover publications which are essentially devoted to advertising (for example, brochures, pamphlets, leaflets, trade catalogues, year books published by trade associations, tourist propaganda). Such publications are to be classified in heading 4911. 6. For the purposes of heading 4903, the expression ―children‗s picture books‖ means books for children in which the pictures form the principal interest and the text is subsidiary. **SUPPLEMENTARY** **NOTES** **:** For the purposes of tariff item 4907 00 30, ―Information Technology software‖ means any representation of instructions, data, sound or image, including source code and object code, recorded in a machine readable form, and capable of being manipulated or providing interactivity to a user, by means of an automatic data processing machine. ----- **SECTION-X** **CHAPTER-49** **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard** **Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **4901** **PRINTED** **BOOKS,** **BROCHURES,** **LEAFLETS** **AND** **SIMILAR** **PRINTED MATTER, WHETHER OR NOT IN SINGLE SHEETS** 4901 10 - _In single sheets, whether or not folded :_ 4901 10 10 --- Printed books u 10% 4901 10 20 --- Pamphlets, booklets, brochures, leaflets and similar u 10% printed matter - _Other_ **_:_** 4901 91 00 -- Dictionaries and encyclopaedias, and serial u 10% u 4901 99 00 - instalments thereof Other 10% **4902** **NEWSPAPERS,** **JOURNALS** **AND** **PERIODICALS,** **WHETHER** **OR NOT ILLUSTRATED OR CONTAINING ADVERTISING** **MATERIAL** 4902 10 - _Appearing at least four times a week_ **_:_** 4902 10 10 --- Newspapers kg. Free 4902 10 20 --- Journals and periodicals kg. Free 4902 90 - _Other_ **_:_** 4902 90 10 --- Newspapers kg. Free 4902 90 20 --- Journals and periodicals kg. Free **4903** - **CHILDREN'S** **PICTURE,** **DRAWING** **OR** **COLOURING** **BOOKS** 4903 00 - _Children's picture, drawing or colouring books :_ 4903 00 10 --- Picture books kg. 10% 4903 00 20 --- Drawing or colouring books kg. 10% **4904 00 00** **MUSIC,** **PRINTED** **OR** **IN** **MANUSCRIPT,** **WHETHER** **OR** **NOT** kg. Free **BOUND OR ILLUSTRATED** **4905** **MAPS** **AND** **HYDROGRAPHIC** **OR** **SIMILAR** **CHARTS** **OF** **ALL** **KINDS,** **INCLUDING** **ATLASES,** **WALL** **MAPS,** **TOPOGRAPHICAL PLANS AND GLOBES, PRINTED** 4905 20 00 - In book form kg. Free 4905 90 - _Other_ **_:_** 4905 90 10 --- Geographical, hydrological, astronomical kg. Free maps or charts 4905 90 20 --- Globe kg. Free 4905 90 90 --- Other kg. Free ----- **SECTION-X** **CHAPTER-49** **(1)** **(2)** **(3)** **(4)** **(5)** **4906 00 00** **PLANS AND DRAWINGS FOR ARCHITECTURAL,** **ENGINEERING,** **INDUSTRIAL,** **COMMERCIAL,** **TOPOGRAPHICAL OR SIMILAR PURPOSES, BEING** **ORIGINALS** **DRAWN** **BY** **HAND;** **HAND-WRITTEN** **TEXTS;** **PHOTOGRAPHIC REPRODUCTIONS ON SENSITISED** **PAPER AND CARBON COPIES OF THE FOREGOING** **4907** **UNUSED** **POSTAGE,** **REVENUE** **OR** **SIMILAR** **STAMPS** **OF** **CURRENT OR NEW ISSUE IN THE COUNTRY IN WHICH** **THEY HAVE, OR WILL HAVE, A RECOGNIZED FACE** **VALUE;** **STAMP-IMPRESSED PAPER;** **BANK NOTES;** **CHEQUE FORMS; STOCK, SHARE OR BOND** **CERTIFICATES AND SIMILAR DOCUMENTS OF TITLE** kg. 10% 4907 00 4907 00 10 4907 00 20 -- -- _Unused postage, revenue or similar stamps of_ _current or new issue in the country in which they_ _have, or will have, a recognized face value;_ _stamp-impressed paper; bank notes; cheque_ _forms; stock, share or bond certificates and_ _similar documents of title :_ Unused postage, revenue or similar stamps of current or new issue in the country in which they have, or will have, a recognized face value Bank notes kg. kg. 10% 10% 4907 00 30 --- Documents of title conveying the right kg. 10% kg. 4907 00 90 -- to use Information Technology software Other 10% **4908** **TRANSFERS** **(DECALCOMANIAS)** 4908 10 00 - Transfers (decalcomanias), vitrifiable kg. 10% 4908 90 00 - Other kg. 10% **4909** **PRINTED OR ILLUSTRATED** **POSTCARDS; PRINTED** **CARDS BEARING PERSONAL GREETINGS,** **MESSAGES OR** **ANNOUNCEMENTS, WHETHER OR** **NOT** **ILLUSTRATED,** **WITH OR WITHOUT ENVELOPES OR TRIMMINGS** 4909 00 4909 00 10 -- _Printed or illustrated postcards; printed cards_ _bearing personal greetings, messages or_ _announcements, whether or not illustrated, with_ _or without envelopes or trimmings :_ **GREETING** **OR** **WEDDING** **CARDS** u 10% 4909 00 90 --- Other u 10% ----- **SECTION-X** **CHAPTER-49** **(1)** **(2)** **(3)** **(4)** **(5)** **4910** **CALENDARS** **OF** **ANY** **KIND, PRINTED, INCLUDING** **CALENDAR BLOCKS** 4910 00 - _Calendars of any kind, printed, including calendar_ _blocks_ **_:_** 4910 00 10 --- Advertising calendar u 10% 4910 00 90 --- Other u 10% **4911** **OTHER PRINTED** **MATTER, INCLUDING** **PRINTED** **PICTURES AND PHOTOGRAPHS** 4911 10 - _Trade advertising material, commercial catalogues_ _and the like_ **_:_** 4911 10 10 --- Posters, printed kg. 10% 4911 10 20 --- Commercial catalogues kg. 10% 4911 10 30 --- Printed inlay cards kg. 10% 4911 10 90 4911 91 00 -- - Other _Other_ **_:_** Pictures, designs and photographs kg. kg. 10% 10% 4911 99 -- _Other :_ 4911 99 10 --- Hard copy (printed) of computer software kg. 10% 4911 99 20 4911 99 90 -- -- Plan and drawings for architectural engineering, industrial, commercial, topographical or similar purposes reproduced with the aid of computer or any other devices Other kg. kg. 10% 10% ----- **SECTION-XI** **CHAPTER-50** **SECTION XI** **TEXTILES AND TEXTILE ARTICLES** **NOTES** **:** 1. This Section does not cover : (a) animal brush making bristles or hair (heading 0502); horsehair or horsehair waste (heading 0511); (b) human hair or articles of human hair (heading 0501, 6703 or 6704), except filtering or straining cloth of a kind commonly used in oil presses or the like (heading 5911); (c) cotton linters or other vegetable materials of Chapter 14; (d) asbestos of heading 2524 or articles of asbestos or other products of heading 6812 or 6813; (e) articles of heading 3005 or 3006; yarn used to clean between the teeth (dental floss), in individual retail packages, of heading 3306; (f) sensitised textiles of headings 3701 to 3704; (g) monofilament of which any cross-sectional dimension exceeds 1 mm or strip or the like (for example, artificial straw) of an apparent width exceeding 5 mm, of plastics (Chapter 39), or plaits or fabrics or other basketware or wickerwork of such monofilament or strip (Chapter 46); (h) woven, knitted or crocheted fabrics, felt or nonwovens, impregnated, coated, covered or laminated with plastics, or articles thereof, of Chapter 39; (ij) woven, knitted or crocheted fabrics, felt or nonwovens, impregnated, coated, covered or laminated with rubber, or articles thereof, of Chapter 40; (k) hides or skins with their hair or wool on (Chapter 41 or 43) or articles of furskin, artificial fur or articles thereof, of heading 4303 or 4304; (l) articles of textile materials of heading 4201 or 4202; (m) products or articles of Chapter 48 (for example, cellulose wadding); (n) footwear or parts of footwear, gaiters or leggings or similar articles of Chapter 64; (o) hair-nets or other headgear or parts thereof of Chapter 65; (p) goods of Chapter 67; (q) abrasive-coated textile material (heading 6805) and also carbon fibres or articles of carbon fibres of heading 6815; (r) glass fibres or articles of glass fibres, other than embroidery with glass thread on a visible ground of fabric (Chatper 70); (s) articles of Chapter 94 (for example, furniture, bedding, luminaires and lighting fittings); (t) articles of Chapter 95 (for example, toys, games, sports requisites and nets); (u) Articles of Chapter 96 [for example, brushes, travel sets for sewing, slide fasteners, typewriter ribbons, sanitary towels (pads) and tampons, napkins (diapers) and napkin liners]; or (v) articles of Chapter 97. ----- **SECTION-XI** **CHAPTER-50** 2. (A) Goods classifiable in Chapters 50 to 55 or in heading 5809 or 5902 and of a mixture of two or more textile materials are to be classified as if consistingwholly of that one textile material which predominates by weight over any other single textile materilas. When no one textile material predominates by weight, the goods are to be classified as if consiting wholly of that one textile material whcih is covered by the heading which occurs last in numerical order among those which equally merit consideration. (B) For the purposes of the above rule : (a) gimped horsehair yarn (heading 5110) and metallised yarn (heading 5605) are to be treated as a single textile material the weight of which is to be taken as the aggregate of the weights of its components; for the classification of woven fabrics, metal thread is to be regarded as a textile material; (b) the choice of appropriate heading shall be effected by determining first the Chapter and then the applicable heading within that Chapter, disregarding any materials not classified in that Chapter; (c) when both Chapters 54 and 55 are involved with any other Chapter, Chapters 54 and 55 are to be treated as a single Chapter; (d) where a Chapter or a heading refers to goods of different textile materials, such materials are to be treated as a single textile material. (C) The provisions of paragraphs (A) and (B) above apply also to the yarns referred to in Note 3, 4, 5 or 6 below. 3. (A) For the purposes of this Section, and subject to the exceptions in paragraph (B) below, yarns [single, multiple (folded) or cabled] of the following descriptions are to be treated as ―twine, cordage, ropes and cables‖ : (a) of silk or waste silk, measuring more than 20,000 decitex; (b) of man-made fibres (including yarn of two or more monofilaments of Chapter 54), measuring more than 10,000 decitex; (c) of true hemp or flax : (i) polished or glazed, measuring 1,429 decitex or more; or (ii) not polished or glazed, measuring more than 20,000 decitex; (d) of coir, consisting of three or more plies; (e) of other vegetable fibres, measuring more than 20,000 decitex; or (f) reinforced with metal thread. (B) Exceptions : (a) yarn of wool or other animal hair and paper yarn, other than yarn reinforced with metal thread; (b) man-made filament tow of Chapter 55 and multifilament yarn without twist or with a twist of less than 5 turns per metre of Chapter 54; (c) silk worm gut of heading 5006, and monofilaments of Chapter 54; (d) metallised yarn of heading 5605; yarn reinforced with metal thread is subject to paragraph (A) (f) above; and (e) chenille yarn, gimped yarn and loop wale-yarn of heading 5606. ----- **SECTION-XI** **CHAPTER-50** 4. (A) For the purposes of Chapters 50, 51, 52, 54 and 55, the expression ―put up for retail sale‖ in relation to yarn means, subject to the exceptions in paragraph (B) below, yarn [single, multiple (folded) or cabled] put up : (a) on cards, reels, tubes or similar supports, of a weight (including support) not exceeding : (i) 85g in the case of silk, waste silk or man-made filament yarn; or (ii) 125g in other cases; (b) in balls, hanks or skeins of a weight not exceeding : (i) 85g in the case of man-made filament yarn of less than 3,000 decitex, silk or silk waste; (ii) 125g in the case of all other yarns of less than 2,000 decitex; or (iii) 500g in other cases; (c) in hanks or skeins comprising several smaller hanks or skeins separated by dividing threads which render them independent one of the other, each of uniform weight not exceeding : (i) 85g in the case of silk, waste silk or man-made filament yarn; or (ii) 125g in other cases; (B) Exceptions : (a) single yarn of any textile material, except : (i) single yarn of wool or fine animal hair, unbleached; and (ii) single yarn of wool or fine animal hair, bleached, dyed or printed, measuring more than 5,000 decitex; (b) multiple (folded) or cabled yarn, unbleached : (i) of silk or waste silk, however put up; or (ii) of other textile material except wool or fine animal hair, in hanks or skeins; (c) multiple (folded) or cabled yarn of silk or waste silk, bleached, dyed or printed, measuring 133 decitex or less; and (d) single, multiple (folded) or cabled yarn of any textile material : (i) in cross-reeled hanks or skeins; or (ii) put up on supports or in some other manner indicating its use in the textile industry (for example, on cops, twisting mill tubes, pirns, conical bobbins or spindles, or reeled in the form of cocoons for embroidery looms). 5. For the purposes of headings 5204, 5401 and 5508, the expression ―sewing thread‖ means multiple (folded) or cabled yarn : (a) put up on supports (for example, reels, tubes) of a weight (including support) not exceeding 1,000 g; (b) dressed for use as sewing thread; and (c) with a final ―Z‖ twist. 6. For the purposes of this Section, the expression ―high tenacity yarn‖ means yarn having a tenacity, expressed in cN/tex (centinewtons per tex), greater than the following : single yarn of nylon or other polyamides, or of polyesters 60 cN/tex ----- **SECTION-XI** **CHAPTER-50** multiple (folded) or cabled yarn of nylon or other polyamides, or of polyesters 53 cN/texsingle, multiple (folded) or cabled yarn of viscose rayon 27 cN/tex 7. For the purposes of this Section, the expression ―made up‖ means: (a) cut otherwise than into squares or rectangles; (b) produced in the finished state, ready for use (or merely needing separation by cutting dividing threads) without sewing or other working (for example, certain dusters, towels, table cloths, scarf squares; blankets); (c) Cut to size and with at least one heat-sealed edge with a visibly tapered or compressed border and the other edges treated as described in any other sub-clause of this Note, but excluding fabrics the cut edges of which have been prevented from unravelling by hot cutting or by other simple means; (d) hemmed or with rolled edges, or with a knotted fringe at any of the edges, but excluding fabrics the cut edges of which have been prevented from unravelling by whipping or by other simple means; (e) cut to size and having undergone a process of drawn thread work; (f) assembled by sewing, gumming or otherwise (other than piece goods consisting of two or more lengths of identical material joined end to end and piece goods composed of two or more textiles assembled in layers, whether or not padded); (g) knitted or crocheted to shape, whether presented as separate items or in the form of a number of items in the length. 8. For the purposes of Chapters 50 to 60: (a) Chapters 50 to 55 and 60 and, except where the context otherwise requires, Chapters 56 to 59 do not apply to goods made up within the meaning of Note 7 above; and (b) Chapters 50 to 55 and 60 do not apply to goods of Chapters 56 to 59. 9. The woven fabrics of Chapters 50 to 55 include fabrics consisting of layers of parallel textile yarns superimposed on each other at acute or right angles. These layers are bonded at the intersections of the yarns by an adhesive or by thermal bonding. 10. Elastic products consisting of textile materials combined with rubber threads are classified in this Section. 11. For the purposes of this Section, the expression ―impregnated‖ includes ―dipped‖. 12. For the purposes of this Section, the expression ―polyamides‖ includes ―aramids‖. 13.For the purposes of this Section and, where applicable, throughout this schedule, the expression "elastomeric yarn" means filament yarn, including monofilament, of synthetic textile material, other than textured yarn, which does not break on being extended to three times its original length and which returns, after being extended to twice its original length, within a period of five minutes, to a length not greater than one and a half times its original length. 14. Unless the context otherwise requires, textile garments of different headings are to be classified in their own headings even if put up in sets for retail sale. For the purposes of this Note, the expression ―textile garments‖ means garments of headings 6101 to 6114 and headings 6201 to 6211. 15. Subject to Note 1 of Section XI, textiles, garments and other textile articles, incorporating chemical mechanical or electronic components for additional functionality whether incorporated as ----- **SECTION-XI** **CHAPTER-50** **SUB-HEADING** **NOTES** **:** 1. In this Section and, where applicable, throughout this Schedule, the following expressions have the meanings hereby assigned to them : (a) UNBLEACHED YARN Yarn which : (i) has the natural colour of its constituent fibres and has not been bleached, dyed (whether or not in the mass) or printed; or (ii) is of indeterminate colour (―grey yarn‖), manufactured from garneted stock. Such yarn may have been treated with a colourless dressing or fugitive dye (which disappears after simple washing with soap) and, in the case of man-made fibres, treated in the mass with delustring agents (for example, titanium dioxide). (b) BLEACHED YARN Yarn which : (i) has undergone a bleaching process, is made of bleached fibres or, unless the context otherwise requires, has been dyed white (whether or not in the mass) or treated with a white dressing; (ii) consists of a mixture of unbleached and bleached fibres; or (iii) is multiple (folded) or cabled and consists of unbleached and bleached yarns. (c) COLOURED (DYED OR PRINTED) YARN Yarn which : (i) is dyed (whether or not in the mass) other than white or in a fugitive colour, or printed, or made from dyed or printed fibres; (ii) consists of a mixture of dyed fibres of different colours or of a mixture of unbleached or bleached fibres with coloured fibres (marl or mixture yarns), or is printed in one or more colours at intervals to give the impression of dots; (iii) is obtained from silvers or rovings which have been printed; or (iv) is multiple (folded) or cabled and consists of unbleached or bleached yarn and coloured yarn. The above definitions also apply, mutatis mutandis, to monofilament and to strip or the like of Chapter 54. (d) UNBLEACHED WOVEN FABRIC Woven fabric made from unbleached yarn and which has not been bleached, dyed or printed. Such fabric may have been treated with a colourless dressing or a fugitive dye. (e) BLEACHED WOVEN FABRIC Woven fabric which : (i) has been bleached or, unless the context otherwise requires, dyed white or treated with a white dressing, in the piece; (ii) consists of bleached yarn; or ----- **SECTION-XI** **CHAPTER-50** (iii) consists of unbleached and bleached yarn. (f) DYED WOVEN FABRIC Woven fabric which : (i) is dyed a single uniform colour other than white (unless the context otherwise requires) or has been treated with a coloured finish other than white (unless the context otherwise requires), in the piece; or (ii) consists of coloured yarn of a single uniform colour. (g) WOVEN FABRIC OF YARNS OF DIFFERENT COLOURS Woven fabric (other than printed woven fabric) which: (i) consists of yarns of different colours or yarns of different shades of the same colour (other than the natural colour of the constituent fibres); (ii) consists of unbleached or bleached yarn and coloured yarn; or (iii) consists of marl or mixture yarns. (In all cases, the yarn used in selvedges and piece ends is not taken into consideration). (h) PRINTED WOVEN FABRIC Woven fabric which has been printed in the piece, whether or not made from yarns of different colours. (The following are also regarded as printed woven fabrics: Woven fabrics bearing designs made, for example, with a brush or spray gun, by means of transfer paper, by flocking or by the batik process). The process of mercerisation does not affect the classification of yarns or fabrics within the above categories. The definitions at (d) to (h) above apply, mutatis mutandis, to knitted or crocheted fabrics. (ij) PLAIN WEAVE A fabric construction in which each yarn of the weft passes alternately over and under successive yarns of the warp and each yarn of the warp passes alternatively over and under successive yarns of the weft. 2. (A) Products of Chapters 56 to 63 containing two or more textile materials are to be regarded as consisting wholly of that textile material which would be selected under Note 2 to this Section for the classification of a product of Chapters 50 to 55 or of heading 5809 consisting of the same textile materials. (B) For the application of this rule: (a) where appropriate, only the part which determines, the classification under Interpretative Rule 3 shall be taken into account; (b) in the case of textile products consisting of a ground fabric and a pile or looped surface no account shall be taken of the ground fabric; (c) in the case of embroidery of heading 5810 and goods thereof, only the ground fabric shall be taken into account. However, embroidery without visible ground, and goods thereof, shall be classified with reference to the embroidering threads alone. **Supplementary Note:** 1. In this Section, reference to any standard of the Bureau of Indian Standards or ASTM International f h l bli h d i f h d d ----- **SECTION-XI** **CHAPTER-50** **CHAPTER** **_Silk_** **50** **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard** **Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **5001 00 00** **SILK-WORM** **COCOONS** **SUITABLE** **FOR** **REELING** kg. 30% **-** **5002** **RAW** **SILK** **(NOT** **THROWN)** 5002 00 - _Raw silk (not thrown) :_ 5002 00 10 --- Mulberry raw silk kg. 15% **-** 5002 00 20 --- Mulberry dupion silk kg. 15% **-** 5002 00 30 --- Non-mulberry silk kg. 15% **-** **5003** **SILK** **WASTE** **(INCLUDING** **COCOONS** **UNSUITABLE** **FOR** **REELING,** **YARN WASTE AND GARNETTED STOCK)** 5003 00 - _Silk waste (including cocoons unsuitable for reeling,_ kg. 5003 00 10 -- _yarn waste and garneted stock):_ Mulberry silk waste 15% 5003 00 10 --- Mulberry silk waste kg. 15% **-** 5003 00 20 --- Tussar silk waste kg. 15% **-** 5003 00 30 --- Eri waste kg. 15% **-** 5003 00 40 --- Munga waste kg. 15% **-** 5003 00 90 --- Other kg. 15% **-** **5004** **SILK** **YARN** **(OTHER** **THAN** **YARN** **SPUN** **FROM** **SILK** **WASTE)** **NOT PUT UP FOR RETAIL SALE** 5004 00 - _Silk yarn (other than yarn spun from silk waste)_ kg. **-** 5004 00 10 -- _not put up for retail sale :_ 100% mulberry dupion silk yarn 15% 5004 00 90 --- Other kg. 15% **-** **5005** **YARN** **SPUN** **FROM** **SILK** **WASTE,** **NOT** **PUT** **UP** **FOR** **RETAIL SALE** 5005 00 - _Yarn spun from silk waste, not put up for retail sale :_ --- _Containing 85% or more by weight of silk waste :_ 5005 00 11 ---- Other than noil silk kg. 15% 5005 00 12 5005 00 21 --- -- --- From noil silk _Containing less than_ 85% by weight of silk **_:_** Other than noil silk kg. kg. 15% 15% 5005 00 22 ---- From noil silk kg. 15% ----- **SECTION-XI** **CHAPTER-50** **(1)** **(2)** **(3)** **(4)** **(5)** **5006** **SILK YARN** **AND** **YARN** **SPUN FROM** **SILK** **WASTE, PUT** **UP** **FOR RETAIL SALE; SILK-WORM GUT** 5006 00 - _Silk yarn and yarn spun from silk waste, put up for_ _retail sale; silk worm gut :_ --- _Silk yarn_ **:** 5006 00 11 ---- Silk embroidery thread kg. 15% **-** 5006 00 19 ---- Other kg. 15% **-** --- _Yarn spun from silk waste_ _containing 85% or more by weight of silk_ **_:_** 5006 00 21 ---- Silk embroidery thread kg. 15% **-** 5006 00 29 ---- Other kg. 15% **-** --- _Yarn spun from silk waste containing_ 85% or less _by weight of silk_ **_:_** 5006 00 31 ---- Spun from silk waste other than noil silk kg. 15% **-** 5006 00 32 ---- Yarn spun from noil silk kg. 15% **-** 5006 00 33 ---- Silk embroidery thread kg. 15% **-** 5006 00 39 ---- Other kg. 15% **-** 5006 00 90 --- Other kg. 15% **5007** **WOVEN** **FABRICS** **OF** **SILK** **OR** **OF** **SILK** **WASTE** 5007 10 00 5007 20 5007 20 10 -- - Fabrics of noil silk - Other fabrics, containing 85% or more by weight of m[2 ] 20% **-** **-** 5007 20 10 --- Sarees m[2 ] 20% 5007 20 90 --- Other m[2 ] 20% 5007 90 - Other _silk or of silk waste other than noil silk_ **_:_** Sarees 5007 90 10 --- Of Handloom woven m[2 ] 20% **-** 5007 90 90 --- Other fabrics m[2 ] 20% **-** ----- **CHAPTER** **51** **_Wool, fine or coarse animal hair; horsehair yarn and woven fabric_** **NOTE** **:** Throughout this Schedule : (a) ―wool‖ means the natural fibre grown by sheep or lambs; (b) ―fine animal hair‖ means the hair of alpaca, ilama, vicuna, (including camel dromedary), yak, Angora, Tibetan, Kashmir or similar goats (but not common goats), rabbit (including Angora rabbit), hare, beaver, nutria or musk-rat; (c) ―coarse animal hair‖ means the hair of animals not mentioned above, excluding brush-making hair and bristles (heading 0502) and horsehair (heading 0511). **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard** **Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **5101** **WOOL,** **NOT** **CARDED** **OR** **COMBED** **:** - _Greasy, including fleece-washed wool_ **_:_** 5101 11 00 -- Shorn wool kg. 2.5% 5101 19 00 -- Other kg. 2.5% _Degreased, not carbonised_ **_:_** Shorn wool kg. 5101 21 00 - 2.5% 5101 29 00 -- Other kg. 2.5% 5101 30 00 - Carbonised kg. 2.5% **5102** **FINE** **OR** **COARSE** **ANIMAL** **HAIR,** **NOT** **CARDED OR COMBED** - _Fine animal hair_ **_:_** 5102 11 -- _Of Kashmir (cashmere) goats_ **_:_** 5102 11 10 --- Marine Angora kg. 5% 5102 11 90 --- Other kg. 5% 5102 19 -- _Other :_ 5102 19 10 --- Marine Angora kg. 5% 5102 19 90 --- Other kg. 5% 5102 20 - _Coarse animal hair_ **_:_** 5102 20 10 --- Goat hair (other than Angora) kg. 5% 5102 20 90 --- Other (excluding pig and boar bristles) kg. 5% **5103** **WASTE OF WOOL OR OF FINE OR COARSE** **ANIMAL HAIR, INCLUDING YARN WASTE BUT** **EXCLUDING GARNETTED STOCK** 5103 10 - _Noils of wool or of fine animal hair :_ 5103 10 10 --- Noils of wool kg. 5% ----- **SECTION-XI** **CHAPTER-51** **(1)** **(2)** **(3)** **(4)** **(5)** 5103 10 90 --- Other kg. 10% 5103 20 - _Other waste of wool or of fine animal_ _hair_ **_:_** 5103 20 10 --- Waste of sheep's and lamb's wool kg. 5% 5103 20 20 --- Yarn waste kg. 5% 5103 20 90 --- Other kg. 5% 5103 30 00 - Waste of coarse animal hair kg. 10% **5104** **GARNETTED** **STOCK** **OF** **WOOL** **OR** **OF** **FINE** **OR** **COARSE ANIMAL HAIR** 5104 00 - _Garnetted stock of wool or of fine or coarse_ kg. 5104 00 10 -- _animal hair_ **_:_** Shoddy wool 10% 5104 00 90 --- Other kg. 10% **5105** **WOOL** **AND** **FINE** **OR** **COARSE** **ANIMAL** **HAIR,** **CARDED OR COMBED** **(INCLUDING COMBED** **WOOL IN FRAGMENTS)** 5105 10 00 - Carded wool kg. 10% _Wool tops and other combed wool_ **_:_** Combed wool in fragments kg. 5105 21 00 - 10% 5105 29 -- _Other :_ 5105 29 10 --- Wool tops kg. 2.5% 5105 29 90 5105 31 00 -- - Other _Fine animal hair, carded or combed_ **_:_** Of Kashmir (cashmere) goats kg. kg. 10% 10% 5105 39 00 -- Other kg. 10% 5105 40 00 - Coarse animal hair, carded or combed kg. 10% **5106** **YARN** **OF** **CARDED** **WOOL,** **NOT** **PUT** **UP** **FOR** **RETAIL SALE** 5106 10 - _Containing 85% or more by weight of wool_ **_:_** 5106 10 10 --- Shoddy woollen yarn kg. 10% 5106 10 20 --- Munga woollen yarn kg. 10% 5106 10 90 --- Other kg. 10% 5106 20 - _Containing less than_ 85% by weight of wool **_:_** 5106 20 10 --- Shoddy woollen yarn kg. 10% 5106 20 20 --- Munga woollen yarn kg. 10% 5106 20 90 --- Other kg. 10% **5107** **YARN** **OF** **COMBED** **WOOL,** **NOT** **PUT** **UP** **FOR** **RETAIL SALE** _5107 10_ _-_ CONTAINING 85% OR MORE BY WEIGHT OF WOOL **:** 5107 10 10 --- Worsted hosiery yarn kg. 10% 5107 10 20 --- Worsted knitted yarn kg. 10% ----- **SECTION-XI** **CHAPTER-51** **(1)** **(2)** **(3)** **(4)** **(5)** 10% 5107 10 30 --- Worsted weaving yarn kg. 5107 10 40 --- Woollen carpet yarn kg. 10% 5107 10 90 --- Other kg. 10% 5107 20 - _Containing less than_ 85% by weight of wool **_:_** 5107 20 10 --- Worsted hosiery yarn kg. 10% 5107 20 20 --- Worsted knitted yarn kg. 10% 5107 20 30 --- Worsted weaving yarn kg. 10% 5107 20 40 --- Woollen carpet yarn kg. 10% 5107 20 90 --- Other kg. 10% **5108** **YARN** **OF** **FINE** **ANIMAL** **HAIR** **(CARDED** **OR** **COMBED), NOT PUT UP FOR RETAIL SALE** 5108 10 00 - Carded kg. 10% 5108 20 00 - Combed kg. 10% **5109** **YARN** **OF** **WOOL** **OR** **FINE** **ANIMAL** **HAIR,** **PUT** **UP FOR RETAIL SALE** 5109 10 - _Containing 85% or more by weight of wool_ _or of fine animal hair :_ 5109 10 10 --- Hoisery wool kg. 10% 5109 10 90 --- Other kg. 10% 5109 90 00 - Other kg. 10% **5110** **YARN OF COARSE ANIMAL HAIR OR OF HORSE** **HAIR (INCLUDING GIMPED HORSEHAIR** **YARN),** **WHETHER OR NOT PUT UP FOR RETAIL SALE** 5110 00 - _Yarn of coarse animal hair or of horse-_ _hair (including gimped horsehair yarn),_ _whether or not put up for retail sale :_ 5110 00 10 --- Put up for retail sale kg. 10% 5110 00 20 --- Other kg. 10% **5111** **WOVEN FABRICS** **OF CARDED WOOL OR OF** **CARDED FINE ANIMAL HAIR** _Containing 85% or more by weight of_ _wool or of fine animal hair_ **_:_** _Of a weight not exceeding 300 g/ m[2 ][:]_ Unbleached Bleached m[2 ] m[2 ] 5111 11 5111 11 10 5111 11 20 - -- -- 10% or Rs. 115 per sq. m. whichever is higher 10% or Rs. 115 per sq. m. 5111 11 30 --- Dyed m[2 ] 10% or Rs. 115 per sq. m. 5111 11 40 --- Printed m[2 ] 10% or Rs. 115 per sq. m. ----- **SECTION-XI** **CHAPTER-51** **(1)** **(2)** **(3)** **(4)** **(5)** whichever is higher 5111 11 90 --- Other m[2 ] 10% or Rs. 115 per sq. m. whichever is higher 5111 19 10 --- Unbleached m[2 ] 10% or Rs. 125 per sq. m. whichever is higher 5111 19 20 --- Bleached m[2 ] 10% or Rs. 125 per sq. m. whichever is higher 5111 19 30 --- Dyed m[2 ] 10% or Rs. 125 per sq. m. whichever is higher 5111 19 40 --- Printed 10% or Rs. 125 per sq. m. m[2 ] whichever is higher 5111 19 90 --- Other m[2 ] 10% or Rs. 125 per sq. m. whichever is higher 5111 20 - _Other, mixed mainly or solely with_ _man-made filaments :_ 5111 20 10 --- Unbleached m[2 ] 10% or Rs. 65 per sq. m. whichever is higher 5111 20 20 --- Bleached m[2 ] 10% or Rs. 65 per sq. m. whichever is higher 5111 20 30 --- Dyed m[2 ] 10% or Rs. 65 per sq. m. whichever is higher 5111 20 40 --- Printed m[2 ] 10% or Rs. 65 per sq. m. whichever is higher 5111 20 90 --- Other m[2 ] 10% or Rs. 65 per sq. m. whichever is higher 5111 30 - _Other, mixed mainly or solely with_ _man-made staple fibres_ **_:_** 5111 30 10 --- Unbleached m[2 ] 10% or Rs. 65 per sq. m. whichever is higher 5111 30 20 --- Bleached m[2 ] 10% or Rs. 65 per sq. m. whichever is higher 5111 30 30 --- Dyed m[2 ] 10% or Rs. 65 per sq. m. whichever is higher 5111 30 40 --- Printed m[2 ] 10% or Rs. 65 per sq. m. whichever is higher 5111 30 90 --- Other m[2 ] 10% or Rs. 65 per sq. m. whichever is higher 5111 90 10 --- Unbleached m[2 ] 10% or Rs. 75 per sq. m. whichever is higher 5111 90 20 --- Bleached m[2 ] 10% or Rs. 75 per sq. m. whichever is higher 5111 90 30 --- Dyed m[2 ] 10% or Rs. 75 per sq. m. ----- **SECTION-XI** **CHAPTER-51** **(1)** **(2)** **(3)** **(4)** **(5)** whichever is higher 5111 90 40 -- Printed m[2 ] 10% or Rs. 75 per sq. m. whichever is higher 5111 90 90 --- Other m[2 ] 10% or Rs. 75 per sq. m. whichever is higher **5112** **WOVEN** **FABRICS** **OF** **COMBED** **WOOL** **OR** **OF** **COMBED FINE ANIMAL HAIR** _Containing 85% or more by weight of wool_ _or of fine animal hair_ **_:_** _Of a weight not exceeding 200 g/m[2 ]_ : 5112 11 - 5112 11 10 --- Unbleached m[2 ] 10% or Rs. 105 per sq. m. whichever is higher 5112 11 20 --- Bleached m[2 ] 10% or Rs. 105 per sq. m. whichever is higher 5112 11 30 --- Dyed m[2 ] 10% or Rs. 105 per sq. m. whichever is higher 5112 11 40 --- Printed m[2 ] 10% or Rs. 105 per sq. m. whichever is higher 5112 11 90 --- Other m[2 ] 10% or Rs. 105 per sq. m. whichever is higher 5112 19 -- _Other :_ 5112 19 10 --- Unbleached m[2 ] 10% or Rs. 130 per sq. m. whichever is higher 5112 19 20 --- Bleached m[2 ] 10% or Rs. 130 per sq. m. whichever is higher 5112 19 30 --- Dyed m[2 ] 10% or Rs. 130 per sq. m. whichever is higher 5112 19 40 --- Printed m[2 ] 10% or Rs. 130 per sq. m. whichever is higher 5112 19 90 --- Other m[2 ] 10% or Rs. 130 per sq. m. whichever is higher 5112 20 - _Other, mixedmainly or solelywith_ _man-madefilaments :_ 5112 20 10 --- Unbleached m[2 ] 10% or Rs. 70 per sq. m. whichever is higher 5112 20 20 --- Bleached m[2 ] 10% or Rs. 70 per sq. m. whichever is higher 5112 20 30 --- Dyed m[2 ] 10% or Rs. 70 per sq. m. whichever is higher 5112 20 40 --- [Printed ] m[2 ] 10% or Rs. 70 per sq. m. whichever is higher 5112 20 90 --- Other m[2 ] 10% or Rs. 70 per sq. m. whichever is higher 5112 30 - _Other, mixed mainly or solely with_ ----- **SECTION-XI** **CHAPTER-51** **(1)** **(2)** **(3)** **(4)** **(5)** **_:_** 10% or Rs. 90 per sq. m. whichever is higher 10% or Rs. 90 per sq. m. 5112 30 10 5112 30 20 -- -- _man-made staple fibres_ Unbleached Bleached m[2 ] m[2 ] 5112 30 30 --- Dyed m[2] 10% or Rs. 90 per sq. m. 5112 30 40 --- Printed m[2] 10% or Rs. 90 per sq. m. 5112 30 90 --- Other m[2] 10% or Rs. 90 per sq. m. 5112 90 - _Other :_ 5112 90 10 5112 90 20 -- -- Unbleached Bleached m[2] m[2] 10% or Rs. 115 per sq. m. whichever is higher 10% or Rs. 115 per sq. m. 5112 90 30 --- Dyed m[2] 10% or Rs. 115 per sq. m. 5112 90 40 --- Printed m[2] 10% or Rs. 115 per sq. m. 5112 90 50 --- Of Handloom m[2] 10% or Rs. 115 per sq. m. 5112 90 90 --- Other m[2] 10% or Rs. 115 per sq. m. whichever is higher **5113** - **WOVEN** **FABRICS** **OF** **COARSE** **ANIMAL** **HAIR** **OR** m[2 ] 5113 00 5113 00 10 -- **OF HORSE HAIR** _Woven fabrics of coarse animal hair or_ _of horse hair :_ Unbleached 10% or Rs. 60 per sq. m. 10% or Rs. 60 per sq. m. 5113 00 20 --- Bleached m[2 ] 10% or Rs. 60 per sq. m. 10% or Rs. 60 per sq. m. 5113 00 30 --- Dyed m[2 ] 10% or Rs. 60 per sq. m. 10% or Rs. 60 per sq. m. 5113 00 40 --- Printed m[2 ] 10% or Rs. 60 per sq. m. 10% or Rs. 60 per sq. m. 5113 00 90 --- Other 10% or Rs. 60 per sq. m. m[2 ] 10% or Rs. 60 per sq. m. ----- **SECTION-XI** **CHAPTER-52** **CHAPTER** **52** **_Cotton_** **SUB-HEADING** **NOTE:** ----- For the purposes of sub-headings 5209 42 and 5211 42, the expression ―denim‖ means fabrics of yarns of different colours, of 3 – thread or 4 – thread twill, including broken twill, warp faced, the warp yarns of which are of one and the same colour and the weft yarns of which are unbleached, bleached, dyed, grey or coloured a lighter shade of the colour of the warp yarns. **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard** **Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **5201** **COTTON,** **NOT** **CARDED** **OR** **COMBED** 5201 00 - Cotton, not carded or combed : --- Indian cotton : 5201 00 11 ---- Bengal deshi kg. 5% 5201 00 12 5201 00 13 5201 00 14 5201 00 15 5201 00 19 5201 00 21 5201 00 22 5201 00 23 5201 00 24 5201 00 25 --- --- --- --- --- -- ------ --- --- --- Indian cotton of staple lengths 20.5 mm (25/32") and below (e. g. oomras, yellow picking, Assam comillas) Indian cotton of staple length exceeding 20.5mm (26/32") but not exceeding 24.5mm (30/32") Indian cotton of staple length over 24.5 mm (31/32‖) to 28 mm Indian cotton of staple length 28.5 mm (14/32‖) and above but below 34.5 mm Indian cotton of all staple length 34.5 mm and above (112/32‖) _Other :_ Of staple length not exceeding 20.0 mm kg. Of staple length exceeding 20.0 mm but not kg. exceeding 24.5 mm Of staple length exceeding 24.5 mm but not kg. exceeding 27.0 mm Of staple length exceeding 27.0 mm but not kg. exceeding 32.0 mm Of staple length exceeding 32.0 mm kg. kg. kg. kg. kg. kg. 5% 5% 5% 5% 5% 5% 5% 5% 5% 5% **5202** **COTTON** **WASTE** **(INCLUDING** **YARN** **WASTE** **AND** **GARNETTED STOCK)** 5202 10 00 - Yarn waste (including thread waste) kg. 10% Other : Garnetted stock 10% 5202 91 00 - kg. 5202 99 00 -- Other kg. 10% **5203 00 00** **COTTON,** **CARDED** **OR** **COMBED** kg. 30% **-** **5204** **COTTON** **SEWING** **THREAD,** **WHETHER** **OR** **NOT** **PUT UP** **FOR RETAIL SALE** _Not put up for retail sale :_ 5204 11 -- Containing 85% or more by weight of cotton : 5204 11 10 --- Cotton thread, sewing, containing any kg. 10% synthetic staple fibre 5204 11 20 --- Cotton thread, darning kg. 10% ----- synthetic staple fibre 5204 11 90 --- Other kg. 10% 5204 19 00 -- Other kg. 10% 5204 20 - Put up for retail sale : 5204 20 10 --- Cotton thread, sewing, containing any kg. 10% synthetic staple fibre 5204 20 20 --- Cotton thread, darning kg. 10% 5204 20 30 --- Embroidery cotton thread kg. 10% 5204 20 40 --- Cotton sewing thread, not containing any kg. 10% synthetic staple fibre 5204 20 90 --- Other kg. 10% **5205** **COTTON** **YARN** **(OTHER** **THAN** **SEWING** **THREAD),** **CONTAINING** **85% OR MORE BY WEIGHT OF** **COTTON,** **NOT PUT UP FOR RETAIL SALE** - Single yarn, of uncombed fibres : 5205 11 -- Measuring 714.29 decitex or more (not exceeding 14 metric number) : 5205 11 10 --- Grey kg. 10% 5205 11 20 --- Bleached kg. 10% 5205 11 30 --- Dyed kg. 10% 5205 11 90 --- Other kg. 10% 5205 12 -- Measuring less than 714.29 decitex but not less than 232.56 decitex (exceeding 14 metric number but not exceeding 43 metric number) : 5205 12 10 --- Grey kg. 10% 5205 12 20 --- Bleached kg. 10% 5205 12 30 --- Dyed kg. 10% 5205 12 90 --- Other kg. 10% 5205 13 -- Measuring less than 232.56 decitex but not less than 192 .31 decitex (exceeding 43 metric number but not exceeding 52 metric number) : 5205 13 10 --- Grey kg. 10% 5205 13 20 --- Bleached kg. 10% 5205 13 30 --- Dyed kg. 10% 5205 13 90 --- Other kg. 10% 5205 14 -- Measuring less than 192.31 decitex but not less than 125 decitex (exceeding 52 metric number but not exceeding 80 metric number) : ----- **SECTION-XI** **CHAPTER-52** **(1)** **(2)** **(3)** **(4)** **(5)** 5205 14 10 --- Grey kg. 10% 5205 14 20 --- Bleached kg. 10% 5205 14 30 --- Dyed kg. 10% 5205 14 90 --- Other kg. 10% 5205 15 -- Measuring less than 125 decitex (exceeding 80 metric number) : 5205 15 10 --- Grey kg. 10% 5205 15 20 --- Bleached kg. 10% 5205 15 30 --- Dyed kg. 10% 5205 15 90 --- Other kg. 10% - Single yarn of combed fibres : 5205 21 -- Measuring 714.29 decitex or more (not exceeding 14 metric number) : 5205 21 10 --- Grey kg. 10% 5205 21 20 --- Bleached kg. 10% 5205 21 30 --- Dyed kg. 10% 5205 21 90 --- Other kg. 10% 5205 22 -- Measuring less than 714.29 decitex but not less than 232.56 decitex (exceeding 14 metric number but not exceeding 43 metric number) : 5205 22 10 --- Grey kg. 10% 5205 22 20 --- Bleached kg. 10% 5205 22 90 --- Other kg. 10% 5205 23 -- Measuring less than 232.56 decitex but not less than 192.31 decitex (exceeding 43 metric number but not exceeding 52 metric number) : 5205 23 10 --- Grey kg. 10% 5205 23 20 --- Bleached kg. 10% 5205 23 90 --- Other kg. 10% 5205 24 -- Measuring less than 192.31 decitex but not less than 125 decitex (exceeding 52 metric number but not exceeding 80 metric number) : 5205 24 10 --- Grey kg. 10% 5205 24 20 --- Bleached kg. 10% 5205 24 90 --- Other kg. 10% 5205 26 -- Measuring less than 125 decitex but not less than 106.38 decitex (exceeding 80 metric number but not exceeding 94 metric number) : 5205 26 10 --- Dyed kg. 10% 5205 26 20 --- Bleached kg. 10% 5205 26 90 --- Other kg. 10% 5205 27 -- Measuring less than 106.38 decitex but not less than 83.33 decitex (exceeding 94 metric number but not exceeding 120 metric number) : 5205 27 10 --- Dyed kg. 10% ----- **SECTION-XI** **CHAPTER-52** **(1)** **(2)** **(3)** **(4)** **(5)** 5205 27 20 --- Bleached kg. [10% ] 5205 27 90 --- Other kg. 10% 5205 28 -- Measuring less than 83.33 decitex (exceeding 120 metric number) : 5205 28 10 --- Dyed kg. 10% 5205 28 20 --- Bleached kg. 10% 5205 28 90 --- Other kg. 10% - Multiple (folded) or cabled yarn, of uncombed fibres : 5205 31 -- Measuring per single yarn 714.29 decitex or more (not exceeding 14 metric number per single yarn) : 5205 31 10 --- Grey kg. 10% 5205 31 20 --- Bleached kg. 10% 5205 31 30 --- Dyed kg. 10% 5205 31 90 --- Other kg. 10% 5205 32 -- Measuring per single yarn less than 714.29 decitex but not less than 232.56 decitex (exceeding 14 metric number but not exceeding 43 metric number per single yarn): 5205 32 10 --- Grey kg. 10% 5205 32 20 --- Bleached kg. 10% 5205 32 90 --- Other kg. 10% 5205 33 -- Measuring per single yarn less than 232.56 decitex but not less than 192.31 decitex (exceeding 43 metric number but not exceeding 52 metric number per single yarn) : 5205 33 10 --- Grey kg. 10% 5205 33 20 --- Bleached kg. 10% 5205 33 30 --- Dyed kg. 10% 5205 33 90 --- Other kg. 10% 5205 34 -- Measuring per single yarn less than 192.31 decitex but not less than 125 decitex (exceeding 52 metric number but not exceeding 80 metric number per single yarn) : 5205 34 10 --- Grey kg. 10% 5205 34 20 --- Bleached kg. 10% 5205 34 30 --- Dyed kg. 10% 5205 34 90 --- Other kg. 10% 5205 35 -- Measuring per single yarn less than 125 decitex (exceeding 80 metric number per single yarn) : 5205 35 10 --- Grey kg. 10% 5205 35 90 --- Other kg. 10% ----- **SECTION-XI** **CHAPTER-52** **(1)** **(2)** **(3)** **(4)** **(5)** - Multiple (folded) or cabled yarn, of combed fibres : 5205 41 -- Measuring per single yarn 714.29 decitex or more (not exceeding 14 metric number per single yarn) : 5205 41 10 --- Grey kg. 10% 5205 41 20 --- Bleached kg. 10% 5205 41 30 --- Dyed kg. 10% 5205 41 90 --- Other kg. 10% 5205 42 -- Measuring per single yarn less than 714.29 decitex but not less than 232.56 decitex (exceeding 14 metric number but not exceeding 43 metric number per single yarn) : 5205 42 10 --- Grey kg. 10% 5205 42 90 --- Other kg. 10% 5205 43 -- Measuring per single yarn less than 232.56 decitex but not less than192.31 decitex (exceeding 43 metric number but not exceeding 52 metric number per single yarn) : 5205 43 10 --- Grey kg. 10% 5205 43 20 --- Bleached kg. 10% 5205 43 90 --- Other kg. 10% 5205 44 -- Measuring per single yarn less than 192.31 decitex but not less than 125 decitex (exceeding 52 metric number but not exceeding 80 metric number per single yarn) : 5205 44 10 --- Grey kg. 10% 5205 44 20 --- Bleached kg. 10% 5205 44 90 --- Other kg. 10% 5205 46 -- Measuring per single yarn less than 125 decitex but not less than 106.38 decitex (exceeding 80 metric number but not exceeding 94 metric number per single yarn) : 5205 46 10 --- Grey kg. 10% 5205 46 20 --- Bleached kg. 10% 5205 46 30 --- Dyed kg. 10% 5205 46 90 --- Other kg. 10% 5205 47 -- Measuring per single yarn less than 106.38 decitex but not less than 83.33 decitex (exceeding 94 metric number but not exceeding 120 metric number per single yarn) : 5205 47 10 --- Grey kg. 10% 5205 47 20 --- Bleached kg. 10% 5205 47 30 --- Dyed kg. 10% 5205 47 90 --- Other kg. 10% ----- **SECTION-XI** **CHAPTER-52** **(1)** **(2)** **(3)** **(4)** **(5)** 5205 48 -- Measuring per single yarn less than 83.33 decitex (exceeding 120 metric number per single yarn) : 5205 48 10 --- Grey kg. 10% 5205 48 20 --- Bleached kg. 10% 5205 48 30 --- Dyed kg. 10% 5205 48 90 --- Other kg. 10% **5206** **COTTON** **YARN** **(OTHER** **THAN** **SEWING** **THREAD),** **CONTAINING LESS THAN 85% BY WEIGHT OF** **COTTON, NOT PUT UP FOR RETAIL SALE** - Single yarn, of uncombed fibres : 5206 11 00 -- Measuring 714.29 decitex or more (not kg. 10% exceeding 14 metric number) 5206 12 00 -- Measuring less than 714.29 decitex but not kg. 10% less than 232.56 decitex (exceeding 14 metric number but not exceeding 43 metric number) 5206 13 00 -- Measuring less than 232.56 decitex but not kg. 10% less than 192.31 decitex (exceeding 43 metric number but not exceeding 52 metric number) 5206 14 00 -- Measuring less than 192.31 decitex but not less kg. 10% than 125 decitex (exceeding 52 metric number but not exceeding 80 metric number) 5206 15 00 -- Measuring less than 125 decitex (exceeding kg. 10% 80 metric number) - Single yarn of combed fibres : 5206 21 00 -- Measuring 714.29 decitex or more (not kg. 10% exceeding 14 metric number) 5206 22 00 -- Measuring less than 714.29 decitex but not kg. 10% less than 232.56 decitex (exceeding 14 metric number but not exceeding 43 metric number) 5206 23 00 -- Measuring less than 232.56 decitex but not kg. 10% less than 192.31 decitex (exceeding 43 metric number but not exceeding 52 metric number) 5206 24 00 -- Measuring less than 192.31 decitex but not kg. 10% less than 125 decitex (exceeding 52 metric number but not exceeding 80 metric number) 5206 25 00 -- Measuring less than 125 decitex (exceeding kg. 10% 80 metric number) - Multiple (folded) or cabled yarn, of uncombed fibres : 5206 31 00 -- Measuring per single yarn 714.29 decitex or kg. 10% more (not exceeding 14 metric number per single yarn) ----- **SECTION-XI** **CHAPTER-52** **(1)** **(2)** **(3)** **(4)** **(5)** 5206 32 00 -- Measuring per single yarn less than 714.29 kg. 10% decitex but not less than 232.56 decitex (exceeding 14 metric number but not exceeding 43 metric number per single yarn) 5206 33 00 -- Measuring per single yarn less than 232.56 kg. 10% decitex but not less than 192.31 decitex (exceeding 43 metric number but not exceeding 52 metric number per single yarn) 5206 34 00 -- Measuring per single yarn less than 192.31 kg. 10% decitex but not less than 125 decitex (exceeding 52 metric number but not exceeding 80 metric number per single yarn) 5206 35 00 -- Measuring per single yarn less than 125 kg. 10% decitex (exceeding 80 metric number per single yarn) - Multiple (folded) or cabled yarn, of combed fibres : 5206 41 00 -- Measuring per single yarn 714.29 decitex kg. 10% or more (not exceeding 14 metric number per single yarn) 5206 42 00 -- Measuring per single yarn less than 714.29 kg. 10% decitex but not less than 232.56 decitex (exceeding 14 metric number but not exceeding 43 metric number per single yarn) 5206 43 00 -- Measuring per single yarn less than kg. 10% 232.56 decitex but not less than 192.31 decitex (exceeding 43 metric number but not exceeding 52 metric number per single yarn) 5206 44 00 -- Measuring per single yarn less than 192.31 kg. 10% decitex but not less than 125 decitex (exceeding 52 metric number but not exceeding 80 metric number per single yarn) 5206 45 00 -- Measuring per single yarn less than 125 decitex kg. 10% (exceeding 80 metric number per single yarn) **5207** **COTTON** **YARN** **(OTHER** **THAN** **SEWING** **THREAD)** **PUT UP FOR RETAIL SALE** 5207 10 00 - Containing 85% or more by weight of cotton kg. 10% 5207 90 00 - Other kg. 10% **5208** **WOVEN** **FABRICS** **OF** **COTTON,** **CONTAINING** **85%** **OR MORE BY WEIGHT OF COTTON, WEIGHING** **NOT MORE THAN 200 G/M2** - Unbleached : 2 5208 11 -- Plain weave, weighing not more than 100 g/m : ----- **SECTION-XI** **CHAPTER-52** **(1)** **(2)** **(3)** **(4)** **(5)** 5208 11 10 --- Dhoti m[2 ] 10% 5208 11 20 --- Saree m[2 ] 10% 5208 11 30 --- Shirting fabrics m[2 ] 10% 5208 11 40 --- Casement m[2 ] 10% 5208 11 90 --- m[2 ] 10% 5208 12 -- Plain weave, weighing more than 100 g/m[Other ] [2]: 5208 12 10 --- Dhoti m[2 ] 10% 5208 12 20 --- Saree m[2 ] 10% 5208 12 30 --- Shirting fabrics m[2 ] 10% 5208 12 40 --- Casement m[2 ] 10% 5208 12 50 --- Sheeting(takia, leopard fabrics, other than m[2 ] 10% furnishing fabrics) 5208 12 60 --- Voils m[2 ] 10% 5208 12 90 --- Other m[2 ] 10% 5208 13 -- 3-thread or 4-thread twill, including cross twill : 5208 13 10 --- Shirting fabrics m[2 ] 10% 5208 13 20 --- Dobby fabrics m[2 ] 10% 5208 13 90 --- m[2 ] 10% 5208 19 -- Other fabrics : [Other ] 5208 19 10 --- Dedsuti, dosuti fabrics m[2 ] 10% 5208 19 90 --- Other m[2 ] 10% - Bleached : 5208 21 -- Plain weave, weighing not more than 100 g/m[2]: 5208 21 10 --- Dhoti 5208 21 20 --- Saree 5208 21 30 --- Casement 5208 21 40 --- Shirting fabrics 5208 21 50 --- Cambrics (including madapollam and jaconet) 5208 21 60 --- Mulls (includinglimbric and willaya) 5208 21 70 --- Muslin (including lawn, mulmul and organdi) 5208 21 80 --- Voils (excluding leno fabrics) 5208 21 90 --- Other 5208 22 -- Plain weave, weighing more than 100 g/m : 5208 22 10 --- Dhoti 5208 22 20 --- Saree 5208 22 30 --- Shirting fabrics 5208 22 40 --- Casement 5208 22 50 --- Cambrics (including madapollam and jaconet) 5208 22 60 --- Long cloth (includingcalico) 5208 22 70 --- Sheeting (takia and the like) 5208 22 80 --- Voils (excluding leno fabrics) 5208 22 90 --- Other m[2 ] m[2 ] m[2 ] m[2 ] m[2 ] m[2 ] m[2 ] m[2 ] m[2 ] m[2 ] m[2 ] m[2 ] m[2 ] m[2 ] m[2 ] m[2 ] m[2 ] m[2 ] 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% ----- **SECTION-XI** **CHAPTER-52** **(1)** **(2)** **(3)** **(4)** **(5)** 5208 23 -- 3-thread or 4-thread twill, includingcross twill : 5208 23 10 --- Shirting fabrics m[2 ] 5208 23 20 --- Parmatta fabrics (including ilesia, m[2 ] 10% pocketing, Italian twill) 10% 5208 23 30 5208 23 90 ---- Shirting fabrics Other 5208 23 30 --- Shirting fabrics m[2 ] 10% 5208 23 90 --- Other m[2 ] 5208 29 -- Other fabrics : 10% 5208 29 10 5208 29 20 ---- Dhoti and saree, zari bordered m[2 ] 10% Dedsuti, dosuti fabrics, ceretonnes and m[2 ] osamburge 10% - Dyed : 10% 5208 31 -- Plain weave, weighing not more than 100 g/m[2]: 5208 31 10 --- Lungi --- Sarees 5208 31 21 ---- Of Handloom 5208 31 29 ---- Other 5208 31 30 --- Shirting fabrics 5208 31 40 --- Casement 5208 31 50 --- Cambrics (including madapollam and jaconet) 5208 31 60 --- Mull (includinglimbric and willaya) 5208 31 70 --- Muslin (includinglawn mulmul and organdi) of carded or combed yarn 5208 31 80 --- Voils (excluding leno fabrics) 5208 31 90 --- Other 5208 32 -- Plain weave, weighing more than 100 g/m : 5208 32 10 --- Lungi 5208 32 20 --- Saree 5208 32 30 --- Shirting fabrics 5208 32 40 --- Casement 5208 32 50 --- Bedticking, domestic 5208 32 60 --- Cambrics (including madapollam and jaconet), longcloth(including calico) and voils (excluding leno fabrics) 5208 32 70 --- Coating(including suiting) 5208 32 80 --- Furnishing fabrics( excluding pile and chenille fabrics) 5208 32 90 --- Other 5208 33 -- 3-thread or 4- thread twill, including cross twill : 5208 33 10 --- Shirting fabrics 5208 33 20 --- Coating(including suiting) 5208 33 30 --- Shirting(including mazri) m[2 ] m[2 ] m[2 ] m[2 ] m[2 ] m[2 ] m[2 ] m[2 ] m[2 ] m[2 ] m[2 ] m[2 ] m[2 ] m[2 ] m[2 ] m[2 ] m[2 ] m[2 ] m[2] m[2 ] m[2 ] m[2 ] 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% ----- **SECTION-XI** **CHAPTER-52** **(1)** **(2)** **(3)** **(4)** **(5)** 5208 33 90 --- Other m[2 ] 10% 5208 39 -- Other fabrics : 5208 39 10 --- Zari bordered sarees m[2 ] 10% or Rs. 150 per kg., whichever is higher 5208 39 90 --- Other m[2 ] 10% or Rs. 150 per kg., whichever is higher - _Of yarn of different colours:_ 5208 41 -- Plain weave, weighing not more than 100 g/m : 5208 41 10 --- Bleeding Madras m[2 ] 10% or Rs. 9 per sq. m. whichever is higher --- _Sarees:_ 5208 41 21 ---- Of Handloom m[2 ] 10% or Rs. 9 per sq. m. whichever is higher 5208 41 29 ---- Other m[2 ] 10% or Rs. 9 per sq. m. whichever is higher 5208 41 30 --- Shirting fabrics m[2 ] 10% or Rs. 9 per sq. m. whichever is higher 5208 41 40 --- Bed ticking, domestic m[2 ] 10% or Rs. 9 per sq. m. whichever is higher 5208 41 50 --- Furnishing fabrics (excluding pile and m[2 ] 10% or Rs. 9 per sq. m. chenille fabrics) whichever is higher 5208 41 90 --- Other m[2 ] 10% or Rs. 9 per sq. m. whichever is higher _2_ 5208 42 -- _Plain weave, weighing more than 100 g/m :_ 5208 42 10 --- Bleeding Madras m[2 ] 10% or Rs. 22 per sq. m. whichever is higher 5208 42 20 --- Saree m[2 ] 10% or Rs. 22 per sq. m whichever is higher 5208 42 30 --- Shirting fabrics m[2 ] 10% or Rs. 22 per sq. m whichever is higher 5208 42 40 --- Casement m[2 ] 10% or Rs. 22 per sq. m whichever is higher 5208 42 50 --- Bed ticking, domestic m[2 ] 10% or Rs. 22 per sq. m. whichever is higher 5208 42 60 --- Furnishing fabrics, other than pile and m[2 ] 10% or Rs. 22 per sq. m chenille fabrics whichever is higher 5208 42 90 --- Other m[2 ] 10% or Rs. 22 per sq. m whichever is higher 5208 43 -- _3-thread or 4- thread twill, including cross_ _twill :_ 5208 43 10 --- Bleeding Madras m[2 ] 10% 5208 43 20 --- Shirting fabrics m[2 ] 10% 5208 43 30 --- Bedticking, damask m[2 ] 10% 5208 43 40 --- Flannelette m[2 ] 10% 5208 43 90 --- Other m[2 ] 10% ----- **SECTION-XI** **CHAPTER-52** **(1)** **(2)** **(3)** **(4)** **(5)** 5208 49 -- Other fabrics : 5208 49 10 --- Zari bordered sarees m[2 ] 10% or Rs. 143 per kg., whichever is higher --- _Real Madras Handkerchiefs:_ 5208 49 21 ---- Of Handloom m[2 ] 10% or Rs. 143 per kg., whichever is higher 5208 49 29 ---- Other m[2 ] 10% or Rs. 143 per kg., whichever is higher 5208 49 90 --- Other m[2 ] 10% or Rs. 143 per kg., whichever is higher 5208 51 -- _Plain weave, weighing not more than 100 g/m[2]:_ 5208 51 10 --- Lungi m[2 ] 10% or Rs. 27 per sq. m. whichever is higher 5280 51 20 --- Saari m[2 ] 10% or Rs. 27 per sq. m. whichever is higher 5208 51 30 --- Shirting Fabrics m[2 ] 10% or Rs. 27 per sq. m. whichever is higher 5208 51 40 --- Casement m[2 ] 10% or Rs. 27 per sq. m. whichever is higher 5208 51 50 --- Cambrics (including madapollam and jaconet) m[2 ] 10% or Rs. 27 per sq. m. whichever is higher 5208 51 60 --- Mull (including limbric and willaya) m[2 ] 10% or Rs. 27 per sq. m. whichever is higher 5208 51 70 --- Muslin (including lawn mulmul and organdi) m[2 ] 10% or Rs. 27 per sq. m. of carded or combed yarn whichever is higher 5208 51 80 --- Voils (excluding leno fabrics) m[2 ] 10% or Rs. 27 per sq. m. whichever is higher 5208 51 90 --- Others m[2 ] 10% or Rs. 27 per sq. m. whichever is higher 5208 52 -- _Plain weave, weighing morew than 100 g/m[2]:_ 5208 52 10 --- Lungi m[2 ] 10% or Rs. 14 per sq. m. whichever is higher 5208 52 20 -- Saari m[2 ] 10% or Rs. 14 per sq. m. whichever is higher ----- 5208 52 30 5208 52 40 5208 52 50 5208 52 60 -- -- -- -- 5208 52 30 --- Shirting Fabrics m[2 ] 10% or Rs. 14 per sq. m. whichever is higher 5208 52 40 --- Casement m[2 ] 10% or Rs. 14 per sq. m. whichever is higher 5208 52 50 --- Cambrics (including madapollam and jaconet) m[2 ] 10% or Rs. 14 per sq. m. whichever is higher 5208 52 60 --- Mull (including limbric and willaya) m[2 ] 10% or Rs. 14 per sq. m. whichever is higher 5208 52 70 --- Muslin (includinglawn mulmul and organdi) m[2 ] 10% or Rs. 14 per sq. m. of carded or combed yarn whichever is higher 5208 52 80 --- Voils (excluding leno fabrics) m[2 ] 10% or Rs. 14 per sq. m. whichever is higher 5208 52 90 --- Other m[2 ] 10% or Rs. 14 per sq. m. whichever is higher 5208 59 _-- Other fabrics_ _:_ 5208 59 10 --- Zari bordered sarees m[2 ] 10% or Rs. 30 per sq. m. whichever is higher 5208 59 20 --- Sarees, Handloom m[2 ] 10% or Rs. 30 per sq. m. whichever is higher 5208 59 90 --- Other m[2 ] 10% or Rs. 30 per sq. m. whichever is higher **5209** **WOVEN** **FABRICS** **OF** **COTTON, CONTAINING** **85%** **OR MORE BY WEIGHT OF COTTON, WEIGHING MORE** **2** **THAN** **200** **G/M** - _Unbleached :_ 5209 11 -- _Plain weave :_ --- Handloom : 5209 11 11 ---- Dhoti m 2 10% 5209 11 12 ---- Saree m 2 10% 5209 11 13 ---- Casement m 2 10% 5209 11 14 ---- Sheeting (takia, leopard cloth and other m 2 10% than furnishing) 10% 5209 11 19 ---- Other m 2 5209 11 90 --- Other m 2 10% 5209 12 -- _3-thread or 4-threadtwill, includingcrosstwill :_ 10% 5209 12 10 --- Saree m 2 5209 12 20 --- Shirting fabrics m 2 10% 5209 12 30 --- Furnishing fabrics (excluding pile and m 2 10% chenille fabrics) 10% 5209 12 40 --- Seersucker m 2 5209 12 50 --- Canvas, including duck – carded or combed yarn m 2 10% 5209 12 60 --- Flannelette m 2 10% 5209 12 70 --- Shetting (takia, leopard cloth) m 2 10% 5209 12 90 --- Other m 2 10% 5209 19 00 -- Other fabrics m 2 10% - _Bleached :_ 5209 21 -- _Plain weave :_ 5209 21 10 --- Saree m 2 10% 5209 21 20 --- Shirting fabrics m 2 10% ----- **SECTION-XI** **CHAPTER-52** **(1)** **(2)** **(3)** **(4)** **(5)** 5209 21 30 --- Furnishing fabrics (excluding pile and m[2] 10% chenille fabrics) 5209 21 40 --- Seersucker m[2 ] 10% 5209 21 50 --- Canvas (including duck) of carded or m[2 ] 10% combed yarn 5209 21 60 --- Dhoti m[2 ] 10% 5209 21 70 --- Flannellete m[2 ] 10% 5209 21 80 --- Sheeting( takia, leopardcloth) m[2 ] 10% 5209 21 90 --- Other m[2 ] 10% 5209 22 -- _3-thread or 4-thread twill,including cross twill:_ 5209 22 10 --- Shirting fabrics m[2] 10% 5209 22 20 --- Furnishing fabrics (excluding pile and m[2 ] 10% chenille fabrics) 5209 22 30 --- Drill m[2 ] 10% 5209 22 90 --- Other m[2 ] 10% 5209 29 -- _Other fabrics:_ 5209 29 10 --- Dhoti and saree, zari bordered m[2 ] 10% 5209 29 20 --- Dedsuti, dosuti fabrics, ceretonnes and m[2 ] 10% osamburge 5209 29 90 --- Other m[2 ] 10% - _Dyed :_ 5209 31 -- _Plain weave :_ 5209 31 10 --- Lungi m[2 ] 10% or Rs. 150 per kg., whichever is higher 5209 31 20 --- Saree m[2 ] 10% or Rs. 150 per kg., whichever is higher 5209 31 30 --- Shirting fabrics m[2 ] 10% or Rs. 150 per kg., whichever is higher 5209 31 40 --- Furnishing fabrics(excluding pile and chenille m[2 ] 10% or Rs. 150 per kg., fabrics) whichever is higher 5209 31 50 --- Seersucker m[2 ] 10% or Rs. 150 per kg., whichever is higher 5209 31 60 --- Bedticking, domestic (other than hand dyed) m[2 ] 10% or Rs. 150 per kg., whichever is higher 5209 31 70 --- Canvas (including duck), of carded or m[2 ] 10% or Rs. 150 per kg., whichever is higher 5209 31 80 --- Flannellete m[2 ] 10% or Rs. 150 per kg., whichever is higher 5209 31 90 --- Other m[2 ] 10% or Rs. 150 per kg., whichever is higher 5209 32 -- _3-thread or 4-thread twill, including cross_ _twill :_ 5209 32 10 --- Shirting fabrics m[2 ] 10% or Rs. 150 per kg., whichever is higher ----- **SECTION-XI** **CHAPTER-52** **(1)** **(2)** **(3)** **(4)** **(5)** 5209 32 20 --- Furnishing fabrics(excluding pile and m[2 ] 10% or Rs. 150 per kg., chenille fabrics) whichever is higher 5209 32 30 --- Drill m[2 ] 10% or Rs. 150 per kg., whichever is higher 5209 32 90 --- Other m[2 ] 10% or Rs. 150 per kg., whichever is higher 5209 39 -- _Other fabrics :_ 5209 39 10 --- Zari bordered sarees m[2 ] 10% or Rs. 150 per kg., whichever is higher 5209 39 90 --- Other m[2 ] 10% or Rs. 150 per kg., whichever is higher - _Of yarns of different colours :_ 5209 41 -- _Plain weave :_ 5209 41 10 --- Bleeding Madras m[2 ] 10% or Rs. 30 per sq. m. whichever is higher 5209 41 20 --- Saree m[2 ] 10% or Rs. 30 per sq. m. whichever is higher 5209 41 30 --- Shirting fabrics m[2 ] 10% or Rs. 30 per sq. m. whichever is higher 5209 41 40 --- Furnishing fabrics (excluding pile and m[2 ] 10% or Rs. 30 per sq. m. chenille fabrics) whichever is higher 5209 41 50 --- Seersucker m[2 ] 10% or Rs. 30 per sq. m. whichever is higher 5209 41 60 --- Bedticking, domestic (other than hand dyed) m[2 ] 10% or Rs. 30 per sq. m. whichever is higher 5209 41 70 --- Flannelette m[2 ] 10% or Rs. 30 per sq. m. whichever is higher 5209 41 90 --- Other m[2 ] 10% or Rs. 30 per sq. m. whichever is higher 5209 42 00 -- Denim m[2 ] 10% or Rs. 25 per sq. m. whichever is higher 5209 43 -- _Other fabrics of 3-thread or 4-thread twill,_ _including cross twill :_ 5209 43 10 --- Bleeding Madras m[2 ] 10% or Rs. 28 per sq. m. whichever is higher 5209 43 20 --- Shirting fabrics m[2 ] 10% or Rs. 28 per sq. m. whichever is higher 5209 43 30 --- Furnishing fabrics (excluding pile and m[2 ] 10% or Rs. 28 per sq. m. chenille fabrics) whichever is higher 5209 43 40 --- Coating(including suiting) m[2 ] 10% or Rs. 28 per sq. m. 5209 43 90 -- whichever is higher Other m[2 ] 10% or Rs. 28 per sq. m. whichever is higher ----- **SECTION-XI** **CHAPTER-52** **(1)** **(2)** **(3)** **(4)** **(5)** 5209 49 -- Other fabrics : 5209 49 10 --- Zari bordered sari m[2 ] 10% or Rs. 150 per kg., whichever is higher 5209 49 90 --- Other m[2 ] 10% or Rs. 150 per kg., whichever is higher - _Printed :_ 5209 51 -- _Plain weave :_ --- _Lungis_ 5209 51 11 ---- Of Handloom m[2 ] [10% or Rs. 24 per sq. m. - ] whichever is higher 5209 51 19 ---- Other 10% or Rs. 24 per sq. m. m[2 ] whichever is higher 5209 51 20 --- Saree m[2 ] 10% or Rs. 24 per sq. m. whichever is higher 5209 51 30 --- Shirting fabrics m[2 ] 10% or Rs. 24 per sq. m. whichever is higher 5209 51 40 --- Furnishing fabrics (excluding pile and m[2 ] 10% or Rs. 24 per sq. m. chenille fabrics) whichever is higher 5209 51 50 --- Seersucker m[2 ] 10% or Rs. 24 per sq. m. whichever is higher 5209 51 60 --- Bedticking, domestic m[2 ] 10% or Rs. 24 per sq. m. whichever is higher 5209 51 70 --- Flannelette m[2 ] 10% or Rs. 24 per sq. m. whichever is higher 5209 51 90 --- Other m[2 ] 10% or Rs. 24 per sq. m. whichever is higher 5209 52 -- _3-thread or 4-thread twill, including cross_ _twill :_ 5209 52 10 --- Shirting fabrics m[2 ] 10% or Rs. 24 per sq. m. whichever is higher 5209 52 20 --- Furnishing fabrics (excluding pile and m[2 ] 10% or Rs. 24 per sq. m. chenille fabrics) whichever is higher 5209 52 90 --- Other m[2 ] 10% or Rs. 24 per sq. m. whichever is higher 5209 59 -- _Other fabrics :_ 5209 59 10 --- Zari bordered saree m[2 ] 10% or Rs. 30 per sq. m. whichever is higher 5209 59 90 --- Other m[2 ] 10% or Rs. 30 per sq. m. whichever is higher **5210** **WOVEN** **FABRICS** **OF** **COTTON,** **CONTAINING** **LESS** **THAN** **85%** **BY** **WEIGHT** **OF** **COTTON,** **MIXED** **MAINLY OR SOLELY WITH MAN-MADE FIBRES,** **2** **WEIGHING NOT MORE THAN 200 G/M** - Unbleached : ----- **SECTION-XI** **CHAPTER-52** **(1)** **(2)** **(3)** **(4)** **(5)** 5210 11 -- _Plain weave :_ 5210 11 10 --- Shirting fabrics m[2] 10% 5210 11 20 --- Saree m[2] 10% 5210 11 90 --- Other m[2] 10% 5210 19 00 -- Other fabrics m[2] 10% - Bleached : 5210 21 -- _Plain weave :_ 5210 21 10 --- Shirting fabrics m[2] 10% 5210 21 20 --- Poplin and broad fabrics m[2] 10% 5210 21 30 --- Saree m[2] 10% 5210 21 40 --- Shirting(including mazri) m[2] 10% 5210 21 50 --- Voile m[2] 10% 5210 21 90 --- Other m[2] 10% _--- Other :_ 5210 29 -- _Other fabrics :_ 5210 29 10 --- Dhoti and saree, zari bordered m[2 ] 10% 5210 29 20 --- Dedsuti, Dosuti, ceretonnes and osamburge m[2 ] 10% 5210 29 90 --- Other m[2] 10% - Dyed : 5210 31 -- _Plain weave :_ 5210 31 10 --- Shirting fabrics m[2] 10% 5210 31 20 --- Coating(includingsuitings) m[2 ] 10% 5210 31 30 --- Furnishing fabrics (excluding pile and m[2] 10% chenille fabrics) 5210 31 40 --- Poplin and broad fabrics m[2] 10% 5210 31 50 --- Saree m[2] 10% 5210 31 60 --- Voils m[2] 10% 5210 31 90 --- Other m[2] 10% 5210 32 -- _3-thread or 4-thread twill,including cross_ _twill :_ 5210 32 10 --- Crepe fabrics including crepe checks m[2 ] 10% 5210 32 20 --- Shirting fabrics m[2 ] 10% 5210 32 30 --- Bedticking, damask m[2 ] 10% 5210 32 90 --- Other m[2 ] 10% 5210 39 -- _Other fabrics :_ 5210 39 10 --- Zari bordered saree m[2 ] 10% or Rs. 150 per kg., whichever is higher 5210 39 90 --- Other m[2 ] 10% or Rs. 150 per kg., whichever is higher - _Of yarns of different colours :_ 5210 41 -- Plain weave : 5210 41 10 --- Bleeding Madras m[2 ] 10% or Rs. 15 per sq. m. whichever is higher 5210 41 20 --- Crepe fabrics (excluding crepe checks) m[2] 10% or Rs. 15 per sq. m. whichever is higher ----- **SECTION-XI** **CHAPTER-52** **(1)** **(2)** **(3)** **(4)** **(5)** 5210 41 30 --- Shirting fabrics m[2 ] [10% or Rs. 15 per sq. m. - ] whichever is higher 5210 41 40 --- Suitings m[2 ] [10% or Rs. 15 per sq. m. - ] whichever is higher 5210 41 50 --- Poplin and broad fabrics m[2 ] [10% or Rs. 15 per sq. m. - ] whichever is higher 5210 41 60 --- Saree m[2 ] [10% or Rs. 15 per sq. m. - ] whichever is higher 5210 41 70 --- Voils m[2 ] [10% or Rs. 15 per sq. m. - ] whichever is higher 5210 41 90 --- Other m[2 ] [10% or Rs. 15 per sq. m. - ] whichever is higher 5210 49 -- Other fabrics : 5210 49 10 --- Zari bordered saree 5210 49 90 --- Other - _Printed :_ 5210 51 -- Plain weave : 5210 51 10 --- Shirting fabrics 5210 51 20 --- Casement 5210 51 30 --- Saree 5210 51 40 --- Poplin and broad fabrics 5210 51 50 --- Voils 5210 51 90 --- Other 5210 59 -- _Other fabrics :_ m[2 ] 10% or Rs. 132 per kg., whichever is higher m[2 ] 10% or Rs. 132 per kg., whichever is higher m[2 ] 10% or Rs. 12 per sq. m. whichever is higher m[2 ] 10% or Rs. 12 per sq. m. whichever is higher m[2 ] 10% or Rs. 12 per sq. m. whichever is higher m[2 ] 10% or Rs. 12 per sq. m. whichever is higher m[2 ] 10% or Rs. 12 per sq. m. whichever is higher m[2 ] 10% or Rs. 12 per sq. m. whichever is higher 5210 59 10 5210 59 90 -- -- Zari bordered saree Other m[2 ] m[2 ] 10% or Rs. 12 per sq. whichever is higher 10% or Rs. 12 per sq. whichever is higher m. m. **5211** **WOVEN** **FABRICS** **OF** **COTTON,** **CONTAINING** **LESS THAN** **85% BY WEIGHT OF COTTON, MIXED MAINLY OR SOLELY** **WITH MAN-MADE FIBRES, WEIGHING MORE THAN 200 G/M2** - Unbleached : 5211 11 -- Plain weave : 5211 11 10 --- Shirtingfabrics m[2 ] [10% ] ----- **SECTION-XI** **CHAPTER-52** **(1)** **(2)** **(3)** **(4)** **(5)** 5211 11 20 --- Saree m[2 ] [10% ] 5211 11 90 --- Other m[2 ] [10% ] 5211 12 -- _3-thread or 4-thread twill, including cross twill :_ 5211 12 10 --- Shirting fabrics m[2 ] [10% ] 5211 12 20 --- Twill, not elsewhere specified (including m[2 ] [10% ] gaberdine) 5211 12 30 --- Damask m[2 ] 10% 5211 12 90 --- Other m[2 ] [10% ] 5211 19 00 -- Other fabrics m[2 ] [10% ] 5211 20 -- Bleached : 5211 20 10 --- Shirting fabrics m 10% 5211 20 20 --- Canvas (including duck) of carded or combed m[2 ] [10% ] yarn 5211 20 30 --- Flannelettee m[2 ] 10% 5211 20 40 --- Saree m[2 ] [10% ] 5211 20 50 --- Crepe fabric including Crepe checks m[2 ] [10% ] 5211 20 60 --- Twill fabrics m[2 ] [10% ] --- Other: 5211 20 91 ---- Zari bordered sari m[2 ] [10% ] 5211 20 92 ---- Dedsuti, dosuti, ceretonnes and osamburge m[2 ] 10% 5211 20 99 ---- Other m[2 ] [10% ] - _Dyed:_ 5211 31 -- _Plain weave :_ 5211 31 10 --- Shirting fabrics m[2 ] 10% or Rs. 150 per kg., whichever is higher 5211 31 20 --- Canvas (including duck) of carded or combed m[2 ] 10% or Rs. 150 per kg., yarn whichever is higher 5211 31 30 --- Coating(includingsuitings) m[2 ] 10% or Rs. 150 per kg., whichever is higher 5211 31 40 --- Flannellette m[2 ] 10% or Rs. 150 per kg., whichever is higher 5211 31 50 --- Saree m[2 ] 10% or Rs. 150 per kg., whichever is higher 5211 31 90 --- Other m[2 ] 10% or Rs. 150 per kg., whichever is higher 5211 32 -- _3-thread or 4-thread twill, including cross twill:_ 5211 32 10 --- Crepe fabrics including crepe checks m[2 ] [10% or Rs. 150 per kg., ] whichever is higher 5211 32 20 --- Shirting fabrics m[2 ] 10% or Rs. 150 per kg., whichever is higher 5211 32 30 --- Twill, not elsewhere specified (including m[2 ] 10% or Rs. 150 per kg., gaberdine) whichever is higher ----- **SECTION-XI** **CHAPTER-52** **(1)** **(2)** **(3)** **(4)** **(5)** 5211 32 40 --- Trousers or pant fabrics(excluding jeans m[2 ] [10% or Rs. 150 per kg., ] and crepe) whichever is higher 5211 32 90 --- Other m[2 ] [10% or Rs. 150 per kg., ] whichever is higher 5211 39 -- _Other fabrics :_ 5211 39 10 --- Zari bordered sarees m[2 ] [10% or Rs. 150 per kg., ] whichever is higher 5211 39 90 --- Other m[2 ] [10% or Rs. 150 per kg., ] whichever is higher - _Of yarns of different colours :_ 5211 41 -- _Plain weave :_ 5211 41 10 --- Bleeding Madras m[2 ] [10% or Rs. 35 per sq. m. - ] whichever is higher 5211 41 20 --- Check shirting (excluding crepe checks) m[2 ] [10% or Rs. 35 per sq. m. - ] whichever is higher 5211 41 30 --- Shirting m[2 ] [10% or Rs. 35 per sq. m. - ] whichever is higher 5211 41 40 --- Suitings m[2 ] [10% or Rs. 35 per sq. m. - ] whichever is higher 5211 41 50 --- Flannelette m[2 ] [10% or Rs. 35 per sq. m. - ] whichever is higher 5211 41 60 --- Saree m[2 ] [10% or Rs. 35 per sq. m. - ] whichever is higher 5211 41 70 --- Parachute fabrics m[2 ] [10% or Rs. 35 per sq. m. - ] whichever is higher 5211 41 90 --- Other m[2 ] [10% or Rs. 35 per sq. m. - ] whichever is higher 5211 42 00 -- Denim m[2 ] [10% or Rs. 18 per sq. m. - ] whichever is higher 5211 43 -- _Other fabrics of 3-thread or 4-thread twill,_ _including cross twill :_ 5211 43 10 --- Bleeding Madras m[2 ] [10% or Rs. 32 per sq. m. - ] whichever is higher 5211 43 20 --- Crepe fabrics m[2 ] [10% or Rs. 32 per sq. m. - ] whichever is higher 5211 43 30 --- Shirting fabrics m[2 ] [10% or Rs. 32 per sq. m. - ] whichever is higher 5211 43 40 --- Suitings m[2 ] [10% or Rs. 32 per sq. m. - ] whichever is higher 5211 43 90 --- Other m[2 ] [10% or Rs. 32 per sq. m. - ] whichever is higher 5211 49 -- _Other fabrics :_ 5211 49 10 --- Zari bordered sarees m[2 ] 10% or Rs. 150 per kg., 5211 49 90 --- Other m[2 ] [10% or Rs. 150 per kg., ] whichever is higher ----- **SECTION-XI** **CHAPTER-52** **(1)** **(2)** **(3)** **(4)** **( 5)** - _Printed :_ 5211 51 -- _Plain weave :_ 5211 51 10 --- Shirting fabrics m[2 ] 10% or Rs. 12 per sq. m. whichever is higher 5211 51 20 --- Furnishing fabrics (excluding pile and m[2 ] 10% or Rs. 12 per sq. m. chenille fabrics) whichever is higher 5211 51 30 --- Flannelette m[2 ] 10% or Rs. 12 per sq. m. whichever is higher 5211 51 40 --- Long cloth (chintz) m[2 ] 10% or Rs. 12 per sq. m. whichever is higher 5211 51 50 --- Saree m[2 ] 10% or Rs. 12 per sq. m. whichever is higher 5211 51 90 --- Other m[2 ] 10% or Rs. 12 per sq. m. whichever is higher 5211 52 -- _3-thread or 4-thread twill, including_ _cross twill :_ 5211 52 10 --- Crepe fabrics including crepe checks m[2 ] 10% or Rs. 12 per sq. m. whichever is higher 5211 52 20 --- Shirting fabrics m[2 ] 10% or Rs. 12 per sq. m. whichever is higher 5211 52 30 --- Twill, not elsewhere specified m[2 ] 10% or Rs. 12 per sq. m. (including gaberdine) whichever is higher 5211 52 90 --- Other m[2 ] 10% or Rs. 12 per sq. m. whichever is higher 5211 59 -- _Other fabrics :_ 5211 59 10 --- Zari bordered saree m[2 ] 10% or Rs. 12 per sq. m. whichever is higher 5211 59 90 --- Other m[2 ] 10% or Rs. 12 per sq. m. whichever is higher **5212** **OTHER** **WOVEN** **FABRICS** **OF** **COTTON** _2_ - _Weighing more than 200 g/m :_ 5212 11 00 -- Unbleached m[2 ] 10% 5212 12 00 -- Bleached m[2 ] 10% 5212 13 00 -- Dyed m[2 ] 10% 5212 14 00 -- Of yarns of different colours m[2 ] 10% 5212 15 00 -- Printed m[2 ] 10% or Rs. 165 per kg., whichever is higher _2_ - _Weighing more than 200 g/m :_ 5212 21 00 -- Unbleached m[2 ] 10% 5212 22 00 -- Bleached m[2 ] 10% 5212 23 00 -- Dyed m[2 ] 10% 5212 24 00 -- Of yarns of different colours m[2 ] 10% or Rs. 20 per sq. m. whichever is higher 5212 25 00 -- Printed m[2 ] 10% or Rs. 165 per sq.m. whichever is higher ----- **SECTION-XI** **CHAPTER-53** **CHAPTER** **53** **_Other vegetable textile fibres; paper yarn and woven fabrics of paper yarn_** **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard** **Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **5301** **FLAX,** **RAW** **OR** **PROCESSED** **BUT** **NOT** **SPUN;** **FLAX** **TOW** **AND WASTE** **(INCLUDING YARN WASTE AND GARNETTED** **STOCK)** 5301 10 00 **-** Flax, raw or retted kg. Free **-** **_-_** _Flax,_ _broken, scutched,_ _hackled or otherwise_ _processed, but not spun_ **_:_** 5301 21 00 **--** Broken or scutched kg. Free **-** 5301 29 00 **--** Other kg. Free **-** 5301 30 00 **-** Flax tow and waste kg. Free **-** **5302** **TRUE HEMP** **(CANNABIS** **SATIVA L ), RAW OR** **PROCESSED BUT NOT SPUN;** **TOW AND WASTE** **OF TRUE HEMP** **(INCLUDING** **YARN WASTE AND GARNETTED STOCK)** 5302 10 00 **-** True hemp, raw or retted kg. 30% **-** 5302 90 00 **-** Other kg. 30% **-** **5303** **JUTE** **AND** **OTHER** **TEXTILE** **BAST** **FIBRES** **(EXCLUDING** **FLAX,** **TRUE HEMP AND RAMIE), RAW OR PROCESSED** **BUT NOT SPUN; TOW AND WASTE OF THESE FIBRES** **(INCLUDING YARN WASTE AND GARNETTED STOCK)** 5303 10 **-** _Jute and other textile bast fibres, raw or retted:_ 5303 10 10 **---** Jute, raw or retted kg. 5% **-** 5303 10 90 **---** Other kg. 10% **-** 5303 90 **-** _Other :_ 5303 90 10 **---** Jute cutting kg. 10% **-** 5303 90 90 **---** Other kg. 10% **-** **5305** **COCONUT, ABACA** **(MANILA** **HEMP OR** **MUSA** **TEXTILES NEE),** **RAMIE AND OTHER VEGETABLE** **TEXTILE FIBRES, NOT ELSEWHERE SPECIFIED OR** **INCLUDED, RAW OR PROCESSED BUT NOT SPUN;** **TOW,** **NOILS** **AND** **WASTE** **OF** **THESE** **FIBRES** **(INCLUDINGYARN** **WASTE** **AND** **GARNETED** **STOCK)** ----- **SECTION-XI** **CHAPTER-53** **(1)** **(2)** **(3)** **(4)** **(5)** 5305 00 5305 00 10 5305 00 30 5305 00 40 5305 00 50 -- -- -- -- Coconut, abaca (Manila hemp or Musa textilis Nee), ramie and other vegetable textile fibres, not elsewhere specified or included, raw or processed but not spun; tow, noils and waste of these fibres (including yarn waste and garneted stock): Coir bristles fibre, coir mattress fibre, coir short fibre, coir bit fibre, decorticated coir fibre Curled or machine twisted coir fibre Coir pith, processed in value added form like briquette, coins, neo disc, grow bags, organic manure and in loose form for use in horticulture or agriculture. Of Abaca kg. kg. kg. kg. 10% 10% 10% 10% 5305 00 90 --- Of others kg. 10% **5306** **FLAX** **YARN** 5306 10 **-** _Single :_ 5306 10 10 **---** Put up for retail sale kg. 10% **-** 5306 10 90 **---** Other kg. 10% **-** 5306 20 **-** Multiple (folded) or cabled **:** 5306 20 10 **---** Put up for retail sale kg. 10% **-** 5306 20 90 **---** Other kg. 10% **-** **5307** **YARN OF JUTE OR OF** **OTHER** **TEXTILE** **BAST** **FIBRES** **OF HEADING 5303** 5307 10 **-** _Single :_ 5307 10 10 **---** Of jute kg. 10% **-** 5307 10 90 **---** Other kg. 10% **-** 5307 20 00 **-** Multiple (folded) or cabled kg. 10% **-** **5308** **YARN** **OF** **OTHER** **VEGETABLE** **TEXTILE** **FIBRES;** **PAPER** **YARN** 5308 10 **-** _Coir yarn :_ 5308 10 10 **---** Baled kg. 10% **-** 5308 10 20 **---** Spooled hanks kg. 10% **-** 5308 10 90 **---** Other kg. 10% **-** 5308 20 00 **-** True hemp yarn kg. 10% **-** 5308 90 **-** _Other :_ 5308 90 10 **---** Ramie yarn kg. 10% **-** 5308 90 90 **---** Other kg. 10% **-** ----- **SECTION-XI** **CHAPTER-53** **(1)** **(2)** **(3)** **(4)** **(5)** **5309** **WOVEN FABRICS OF FLAX** **_-_** _Containing 85% or more by weight of flax_ **_:_** 5309 11 **_--_** _Unbleached or bleached_ **_:_** 5309 11 10 **---** Unbleached m[2 ] 10% **-** 5309 11 20 **---** Bleached m[2 ] 10% **-** 5309 19 **--** _Other :_ 5309 19 10 **---** Dyed m[2 ] 10% **-** 5309 19 20 **---** Printed m[2 ] 10% **-** 5309 19 90 **---** Other m[2 ] 10% **-** **_-_** _Containing less than 85% by weight of flax_ **_:_** 5309 21 **--** _Unbleached or bleached :_ 5309 21 10 **---** Unbleached m[2 ] 10% **-** 5309 21 20 **---** Bleached m[2 ] 10% **-** 5309 29 **--** _Other :_ 5309 29 10 **---** Dyed m[2 ] 10% **-** 5309 29 20 **---** Printed m[2 ] 10% **-** 5309 29 90 **---** Other m[2 ] 10% **-** **5310** **WOVEN** **FABRICS** **OF** **JUTE** **OR** **OF** **OTHER** **TEXTILE** **BAST** **FIBRES OF HEADING** **5303** 5310 10 **-** _Unbleached :_ **---** _[Containing 100% by weight of jute ]_ **_[: ]_** 20% **-** 5310 10 11 **----** Carpet backing fabrics m[2] 20% 5310 10 12 **----** Sacking fabrics m[2 ] **-** 20% 5310 10 13 **----** Hessian fabrics m[2 ] **-** 20% 5310 10 14 **----** Jute canvas m[2 ] **-** 20% 5310 10 19 **----** Other m[2 ] **-** **---** _Other :_ 20% 5310 10 91 **----** Woven blended fabrics containing more than 50% m[2 ] **-** by weight of jute 20% 5310 10 92 **----** Stranded woven fabrics of jute containing 50% or m[2 ] **-** more by weight of jute 20% 5310 10 93 **----** Jute swim fabrics m[2 ] **-** 20% 5310 10 99 **----** Other m[2 ] **-** 5310 90 **-** _Other :_ 10% 5310 90 10 **---** Bleached m[2 ] **-** 10% 5310 90 20 **---** Decorative fabrics m[2 ] **-** **---** _Other :_ 10% 5310 90 91 **----** Bleached m[2 ] **-** 10% 5310 90 92 **----** Dyed m[2 ] **-** 10% 5310 90 93 **----** Printed m[2 ] **-** 10% 5310 90 99 **----** Other m[2 ] **-** ----- **SECTION-XI** **CHAPTER-53** **(1)** **(2)** **(3)** **(4)** **(5)** **5311** **WOVEN** **FABRICS** **OF** **OTHER** **VEGETABLE** **TEXTILE** **FIBRES;** **WOVEN FABRICS OF PAPER YARN** 5311 00 _- Woven fabrics of other vegetable textile fibres;_ _woven fabrics of paper yarn_ **_:_** **_---_** _Of other vegetable textile fibres_ **_:_** 5311 00 11 ---- Unbleached m[2 ] 10% **-** 5311 00 12 ---- Bleached m[2 ] 10% **-** 5311 00 13 ---- Dyed m[2 ] 10% **-** 5311 00 14 ---- Printed m[2 ] 10% **-** 5311 00 15 ---- Of coir including log form and geotextiles m[2 ] 10% **-** 5311 00 19 ---- Other m[2 ] 10% **-** **_---_** _Of paper yarn_ **_:_** 5311 00 21 ---- Unbleached m[2 ] 10% **-** 5311 00 22 ---- Bleached m[2 ] 10% **-** 5311 00 23 ---- Dyed m[2 ] 10% **-** 5311 00 24 ---- Printed m[2 ] 10% **-** 5311 00 29 ---- Other m[2 ] 10% **-** ----- **SECTION-XI** **CHAPTER-54** **CHAPTER** **54** **_Man-made filaments; strip and the like of man-made textile materials_** 1. Throughout this Schedule, the term ‗ man made fibres‗ means staple fibres and filaments **NOTES:** of organic polymers produced by manufacturing processes either: (a) by polymerisation of organic monomers to produce polymers such as polyamides, polyesters, polyolefins or polyurethanes, or by chemical modification of polymers produced by this process (for example, poly(vinyl alcohol)prepared by the hydrolysis of poly(vinyl acetate) ); or (b) by dissolution or chemical treatment of natural organic polymers (for example, cellulose) to produce polymers such as cuprammonium rayon _(cupro) or viscose_ rayon, or by chemical modification of natural organic polymers (for example, cellulose, casein and other proteins, or alginic acid), to produce polymers such as cellulose acetate or alginates. The terms ―synthetic‖ and ―artificial‖, used in relation to fibres, mean: synthetic: fibres as defined at _(a); artificial : fibres as defined at (b). Strip and the like of heading 5404 or 5405 are not_ considered to be man-made fibres. The terms ―man-made‖, ―synthetic‖ and ―artificial‖ shall have the same meaning when used in relation to ―textile materials‖.‖; 2. Headings 5402 and 5403 do not apply to synthetic or artificial filament tow of Chapter 55. **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard** **Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **5401** **SEWING** **THREAD** **OF** **MAN-MADE** **FILAMENTS,** **WHETHER OR NOT PUT UP FOR RETAIL SALE** 5401 10 00 - Of synthetic filaments kg. 5% 5401 20 00 **-** Of artificial filaments kg. 5% **5402** **SYNTHETIC FILAMENT** **YARN (OTHER** **THAN** **SEWING THREAD), NOT PUT UP FOR RETAIL** **SALE, INCLUDING** **SYNTHETIC** **MONOFILAMENT** **OF LESS THAN 67 DECITEX** - High tenacity yarn of nylon or other _polyamides, whether or not textured :_ ----- **SECTION-XI** **CHAPTER-54** **(1)** **(2)** **(3)** **(4)** **(5)** 5402 11 00 -- Of aramids kg. 5% 5402 19 -- Other 5402 19 10 5402 19 20 5402 19 10 --- Nylon tyre yarn kg. 5% 5402 19 20 --- Nylon 66 filament yarn confirming to IS kg. 2.5% 13464 5402 19 90 **---** Other kg. 5% 5402 20 **--** High tenacity yarn of polyesters, whether or not textured: 5402 20 10 **---** Of terylene dacron kg. 5% 5402 20 90 **---** Other kg. 5% **-** _Textured yarn :_ 5402 31 00 **--** Of nylon or other polyamides, measuring kg. 5% per single yarn not more than 50 tex 5402 32 00 **--** Of nylon or other polyamides, measuring kg. 5% per single yarn more than 50 tex 5402 33 00 **--** Of polyesters kg. 5% 5402 34 00 **--** Of polypropylene kg. 5% 5402 39 **--** _Other :_ 5402 39 10 **---** Polypropylene filament yarn kg. 5% 5402 39 20 **---** Acrylic filament yarn kg. 5% 5402 39 90 **---** Other kg. 5% **_-_** _Other yarn, single, untwisted or with_ _a twist not_ _exceeding 50 turns per metre_ **_:_** 5402 44 00 _--_ Elastomeric kg. 5% 5402 45 00 _--_ Other, of nylon or other _polyamides_ kg. 5% 5402 46 00 _--_ Other, of polyesters, partially oriented kg. 5% 5402 47 00 _--_ Other, of polyesters kg. 5% 5402 48 00 _--_ Other, of polypropylene kg. 5% ---- 5402 49 00 5402 51 00 5402 52 5402 52 10 5402 52 90 _--_ - **--** **---** **---** kg. kg. kg. kg. 5% 5% 2.5% 5% Other Other yarn, single, with a twist exceeding 50 turns per metre : Of nylon or other polyamides _Of polyesters:_ Polyester yarn-Anti Static Filament Other 5402 53 00 **--** Of polypropylene kg. 5% 5402 59 00 -- Other kg. 5% **_-_** _Other yarn, multiple (folded) or cabled_ **_:_** 5402 61 00 **--** Of nylon or other polyamides kg. 5% 5402 62 00 **--** Of polyesters kg. 5% 5402 63 00 **--** Of polypropylene kg. 5% 5402 69 **--** _Other :_ 5402 69 10 **---** Polyvinyl acetate filament yarn kg. 5% 5402 69 20 **---** Polyvinyl chloride filament yarn kg. 5% ----- **SECTION-XI** **CHAPTER-54** **(1)** **(2)** **(3)** **(4)** **(5)** 5402 69 40 **---** Acrylic filament yarn kg. 5% 5402 69 50 **---** Polytetrafluoroethylene yarn kg. 5% 5402 69 60 **---** Ultra high molecular weight poly ethylene kg. 5% filament yarn conforming to ASTM F2848 5402 69 90 **---** Other kg. 5% **5403** **ARTIFICIAL** **FILAMENT** **YARN** **(OTHER** **THAN** **SEWING THREAD),** **NOT PUT FOR RETAIL SALE,** **INCLUDING ARTIFICIAL MONO FILAMENT OF** **LESS THAN** **67** **DECITEX** 5403 10 - _High tenacity yarn of viscose rayon_ **_:_** 5403 10 10 **---** Viscose rayon tyre yarn – 1,233 decitex kg. 5% 5403 10 20 **---** Viscose rayon tyre yarn – 1,833 decitex kg. 5% 5403 10 90 **---** Other kg. 5% **_-_** _Other yarn, single_ **_:_** 5403 31 00 **--** Of viscose rayon, untwisted or with a twist kg. 5% not exceeding 120 turns per metre 5403 32 00 **--** Of viscose rayon, with a twist exceeding kg. 5% 120 turns per metre 5403 33 00 **--** Of cellulose acetate kg. 5% 5403 39 **--** _Other :_ 5403 39 10 **---** Cuprammonium rayon kg. 5% 5403 39 90 **---** Other kg. 5% **_-_** _Other yarn, multiple (folded) or cabled_ **_:_** 5403 41 -- _Of viscose rayon_ **_:_** 5403 41 10 **---** Up to 67 decitex kg. 5% 5403 41 20 **---** Of 83 decitex kg. 5% 5403 41 30 **---** Of 111 decitex, bright kg. 5% 5403 41 40 **---** Of 111 decitex, dull kg. 5% 5403 41 50 **---** Of 133 decitex, bright kg. 5% 5403 41 60 **---** Of 133 decitex, dull kg. 5% 5403 41 70 **---** Of 167 decitex, bright kg. 5% 5403 41 80 **---** Of 167 decitex, dull kg. 5% 5403 41 90 **---** Other kg. 5% 5403 42 -- _Of cellulose acetate_ **_:_** 5403 42 10 **---** Acetate rayon filament yarn, 83 decitex kg. 5% 5403 42 20 **---** Acetate rayon filament yarn, 111 decitex kg. 5% 5403 42 30 **---** Acetate rayon filament yarn, 133 decitex kg. 5% 5403 42 40 **---** Acetate rayon filament yarn, 167 decitex kg. 5% 5403 42 50 **---** Acetate rayon filament yarn, 333 decitex kg. 5% 5403 42 90 **---** Other kg. 5% 5403 49 **--** _Other :_ --- _Cuprammonium filament yarn_ **_:_** 5403 49 11 **----** Of 33 decitex kg. 5% 5403 49 12 **----** Of 44 decitex kg. 5% 5403 49 13 **----** Of 67 decitex kg. 5% 5403 49 14 **----** Of 83 decitex kg. 5% ----- **SECTION-XI** **CHAPTER-54** **(1)** **(2)** **(3)** **(4)** **(5)** 5% 5403 49 15 **----** Of 89 decitex kg. 5403 49 19 **----** Other kg. 5% 5403 49 90 **---** Other kg. 5% **5404** **SYNTHETIC MONOFILAMENT** **OF** **67 DECITEX** **OR MORE AND OF WHICH NO CROSS-** **SECTIONAL DIMENSION EXCEEDS 1 MM; STRIP** **AND** **THE** **LIKE** **(FOR** **EXAMPLE,** **ARTIFICIAL** **STRAW)** **OF SYNTHETICTEXTILE MATERIALS** **OF** **AN APPARENT WIDTH NOT EXCEEDING 5 MM** **-** _Monofilament:_ 5404 11 00 -- Elastomeric kg. 5% 5404 12 00 -- Other, of polypropylene kg. 5% 5404 19 -- _Other:_ 5404 19 10 --- Catgut imitation of synthetic yarn, kg. 5% non-sterile 5404 19 20 --- Strip and the like of synthetic fibre kg. 5% material 5404 19 90 --- Other kg. 5% 5404 90 **-** _Other :_ 5404 90 10 **---** Catgut imitation of synthetic yarn, kg. 5% non-sterile 5404 90 20 **---** Strip and the like of synthetic fibre kg. 5% materials 5404 90 90 **---** Other kg. 5% **5405 00 00** **ARTIFICIAL MONOFILAMENT OF** **67** **DECITEX** **OR MORE AND OF WHICH NO CROSS-SECTIONAL** kg. 5% **DIMENSION EXCEEDS 1** **MM;** **STRIP AND THE** **LIKE** **(FOR EXAMPLE,** **ARTIFICIAL STRAW) OF** **ARTIFICIAL TEXTILE MATERIALS OF AN** **APPARENT WIDTH NOT EXCEEDING** **5 MM** **5406 00** **_-_** **MAN-MADE FILAMENT YARN (OTHER THAN** **SEWING THREAD), PUT UP FOR RETAIL SALE** 5406 00 10 --- Synthetic filament yarn kg. 5% 5406 00 20 --- Artificial filament yarn kg. 5% **5407** **WOVEN** **FABRICS** **OF** **SYNTHETIC** **FILAMENT** **YARN,** **INCLUDING** **WOVEN** **FABRICS** **OBTAINED** **FROM** **MATERIALS OF HEADING 5404** 5407 10 - _Woven fabrics obtained from high tenacity_ _yarn of nylon or other polyamides or of_ _polyesters_ **_:_** ----- **SECTION-XI** **CHAPTER-54** **(1)** **(2)** **(3)** **(4)** **(5)** --- _Unbleached_ **_:_** 5407 10 11 **----** Parachute fabrics m[2 ] 20% or Rs. 115 per kg., whichever is higher 5407 10 12 **----** Tent fabrics m[2 ] 20% or Rs. 115 per kg., whichever is higher 5407 10 13 **----** Nylon furnishing fabrics m[2 ] 20% or Rs. 115 per kg., whichever is higher 5407 10 14 **----** Umbrella cloth panel fabrics m[2 ] 20% or Rs. 115 per kg., whichever is higher 5407 10 15 **----** Other nylon and polyamide fabrics (filament) 20% or Rs. 115 per kg., m[2 ] whichever is higher 5407 10 16 **----** Polyester suitings m[2 ] 20% or Rs. 115 per kg., whichever is higher 5407 10 19 **----** Other polyester fabrics m[2 ] 20% or Rs. 115 per kg., whichever is higher --- _Bleached_ **_:_** 5407 10 21 **----** Parachute fabrics m[2 ] 10% or Rs. 115 per kg., whichever is higher 5407 10 22 **----** Tent fabrics m[2 ] 20% or Rs. 115 per kg., whichever is higher 5407 10 23 **----** Nylon furnishing fabrics m[2 ] 20% or Rs. 115 per kg., whichever is higher 5407 10 24 **----** Umbrella cloth panel fabrics m[2 ] 20% or Rs. 115 per kg., whichever is higher 5407 10 25 **----** Other nylon and polyamide fabrics of m[2 ] 20% or Rs. 115 per kg., filament yarn whichever is higher 5407 10 26 **----** Polyester suitings m[2 ] 10% or Rs. 115 per kg., whichever is higher 5407 10 29 **----** Other m[2 ] 20% or Rs. 115 per kg., whichever is higher --- _Dyed :_ 5407 10 31 **----** Parachute fabrics m[2 ] 20% or Rs. 115 per kg., whichever is higher 5407 10 32 **----** Tent fabrics m[2 ] 10% or Rs. 115 per kg., whichever is higher 5407 10 33 **----** Nylon furnishing fabrics m[2 ] 20% or Rs. 115 per kg., whichever is higher 5407 10 34 **----** Umbrella cloth panel fabrics m[2 ] 20% or Rs. 115 per kg., whichever is higher 5407 10 35 **----** Other nylon and polyamide fabrics m[2 ] 20% or Rs. 115 per kg., (filament) whichever is higher 5407 10 36 **----** Polyester suitings m[2 ] 20% or Rs. 115 per kg., whichever is higher ----- **SECTION-XI** **CHAPTER-54** **(1)** **(2)** **(3)** **(4)** **(5)** 5407 10 39 **----** Other m[2 ] 20% or Rs. 115 per kg., 10% or Rs. 115 per kg., m[2 ] 5407 10 41 -- **----** _Printed_ **_:_** Parachute fabrics 5407 10 42 **----** Tent fabrics m[2 ] 10% or Rs. 115 per kg., 5407 10 43 **----** Nylon furnishing fabrics m[2 ] 20% or Rs. 115 per kg., 5407 10 44 **----** Umbrella cloth panel fabrics m[2 ] 20% or Rs. 115 per kg., 5407 10 45 **----** Other nylon and polyamide fabrics (filament) m[2 ] 20% or Rs. 115 per kg., whichever is higher 5407 10 46 **----** Polyester suitings m[2 ] 20% or Rs. 115 per kg., 5407 10 49 **----** Other m[2 ] 20% or Rs. 115 per kg., m[2 ] _Other :_ Parachute fabrics 5407 10 91 **---** **----** whichever is higher 20% or Rs. 115 per kg., 5407 10 92 **----** Tent fabrics m[2 ] 5407 10 93 **----** Nylon furnishing fabrics m[2 ] 5407 10 94 **----** Umbrella cloth panel fabrics m[2 ] 5407 10 95 **----** Other nylon and polyamide fabrics of m[2 ] filament yarn 5407 10 96 **----** Polyester suitings m[2 ] whichever is higher 20% or Rs. 115 per kg., whichever is higher 20% or Rs. 115 per kg., whichever is higher 20% or Rs. 115 per kg., whichever is higher 20% or Rs. 115 per kg., whichever is higher 20% or Rs. 115 per kg., 5407 10 99 **----** Other m[2 ] whichever is higher 20% or Rs. 115 per kg., whichever is higher 5407 20 - _Woven fabrics obtained from strip_ _or the like_ **_:_** 5407 20 10 **---** Unbleached m[2 ] 20% 5407 20 20 **---** Bleached m[2 ] 20% 5407 20 30 **---** Dyed m[2 ] 20% 5407 20 40 **---** Printed m[2 ] 20% 5407 20 90 **---** Other m[2 ] 20% 5407 30 - _Fabrics specified in Note 9 to Section XI_ **_:_** 5407 30 10 **---** Unbleached m[2 ] 20% 5407 30 20 **---** Bleached m[2 ] 20% 5407 30 30 **---** Dyed m[2 ] 20% ----- **SECTION-XI** **CHAPTER-54** **(1)** **(2)** **(3)** **(4)** **(5)** 5407 30 40 **---** Printed m[2 ] 20% 5407 30 90 **---** Other m[2 ] 20% - _Other_ _woven_ _fabrics,_ _containing_ _85% or more by weight of filaments_ _of nylon or other polyamides_ **_:_** 5407 41 -- _Unbleached or bleached :_ --- _Unbleached_ **_:_** 5407 41 11 **----** Nylon brasso m[2 ] 20% or Rs.30 per sq. m. whichever is higher 5407 41 12 **----** Nylon georgette m[2 ] 10% or Rs.30 per sq. m. whichever is higher 5407 41 13 **----** Nylon tafetta m[2 ] 20% or Rs.30 per sq. m. whichever is higher 5407 41 14 **----** [Nylon sarees ] m[2 ] 10% or Rs.30 per sq. m. whichever is higher 5407 41 19 **----** Other m[2 ] 20% or Rs.30 per sq. m. whichever is higher **_---_** _Bleached_ **_:_** 5407 41 21 **----** Nylon brasso m[2 ] 10% or Rs.30 per sq. m. whichever is higher 5407 41 22 **----** Nylon georgette m[2 ] 10% or Rs.30 per sq. m. whichever is higher 5407 41 23 **----** [Nylon tafetta ] m[2 ] 20% or Rs.30 per sq. m. whichever is higher 5407 41 24 **----** [Nylon sarees ] m[2 ] 10% or Rs.30 per sq. m. whichever is higher 5407 41 29 **----** Other m[2 ] 20% or Rs.30 per sq. m. whichever is higher 5407 42 -- _Dyed :_ 5407 42 10 **---** Nylon brasso m[2 ] 20% or Rs.36 per sq. m. whichever is higher 5407 42 20 **---** Nylon georgette m[2 ] 20% or Rs.36 per sq. m. whichever is higher 5407 42 30 **---** [Nylon tafetta ] m[2 ] 20% or Rs.36 per sq. m. whichever is higher 5407 42 40 **---** [Nylon sarees ] m[2 ] 20% or Rs.36 per sq. m. whichever is higher 5407 42 90 **---** Other m[2 ] 20% or Rs.36 per sq. m. whichever is higher 5407 43 00 **--** [Of yarn of different colours ] m[2 ] 20% or Rs.40 per sq. m. whichever is higher 5407 44 -- _Printed_ **_:_** 5407 44 10 **---** Nylon brasso m[2 ] 20% or Rs.35 per sq. m. whichever is higher 5407 44 20 **---** Nylon georgette m[2 ] 10% or Rs.35 per sq. m. ----- **SECTION-XI** **CHAPTER-54** **(1)** **(2)** **(3)** **(4)** **(5)** whichever is higher 5407 44 30 **---** Nylon tafetta 5407 44 40 **---** Nylon sarees, 5407 44 90 **---** Other m[2 ] 20% or Rs.35 per sq. m. whichever is higher m[2 ] 20% or Rs.35 per sq. m. whichever is higher m[2 ] 20% or Rs.35 per sq. m.. whichever is higher - _Other woven fabrics, containing_ _85% or more by weight of textured_ _polyester filaments :_ 5407 51 -- _Unbleached or bleached_ **_:_** **_---_** _Unbleached_ **_:_** 5407 51 11 **----** Polyester shirtings 5407 51 19 **----** Other m[2 ] m[2 ] m[2 ] m[2 ] m[2 ] m[2 ] m[2 ] m[2 ] m[2 ] m[2 ] 20% or Rs.11 per sq.m. whichever is higher 20% or Rs.11 per sq.m. whichever is higher 5407 51 - whichever is higher 20% or Rs.23 per sq.m. whichever is higher 20% or Rs.23 per sq.m. whichever is higher 20% or Rs.23 per sq.m. whichever is higher 20% or Rs.23 per sq.m. whichever is higher 20% or Rs.30 per sq.m. whichever is higher _Bleached_ **_:_** Polyester shirtings 5407 51 21 **_---_** **----** 20% or Rs.11 per sq.m. 5407 51 29 **----** Other 5407 52 **--** _Dyed :_ 5407 52 10 **---** Polyester shirtings 5407 52 20 **---** Polyester suitings 5407 52 30 **---** Terylene and dacron sarees 5407 52 40 **---** Polyester sarees 5407 52 90 **---** Other 5407 53 00 **--** Of yarns of different colours 5407 54 **_--_** _Printed_ **_:_** 5407 54 10 **---** Terylene and dacron sarees 5407 54 20 **---** Polyester shirtings 5407 54 30 **---** Polyester sarees 5407 54 90 **---** Other m[2 ] 20% or Rs. 20 per sq. m. whichever is higher m[2 ] 20% or Rs. 20 per sq. m. whichever is higher m[2 ] 20% or Rs. 20 per sq. m. whichever is higher m[2 ] 20% or Rs. 20 per sq. m. whichever is higher whichever is higher 20% or Rs.11 per sq.m. whichever is higher 20% or Rs.23 per sq.m. ----- **SECTION-XI** **CHAPTER-54** **(1)** **(2)** **(3)** **(4)** **(5)** **_-_** _Other woven fabrics, containing_ _85% or more by weight of polyester_ _filaments :_ 5407 61 **_--_** _Containing 85% or more by weight of_ _non-textured polyester filaments_ **_:_** 5407 61 10 **---** Polyester shirtings m[2 ] 20% or Rs.150 per kg., whichever is higher 5407 61 20 **---** Polyester suitings m[2 ] 20% or Rs.150 per kg., whichever is higher 5407 61 90 **---** Other m[2 ] 20% or Rs.150 per kg., whichever is higher 5407 69 00 **--** Other m[2 ] 20% or Rs.36 per kg., whichever is higher **_-_** _Other woven fabrics, containing 85% or_ _more by weight of synthetic filaments_ **_:_** 5407 71 -- _Unbleached or bleached :_ 5407 71 10 **---** Unbleached m[2 ] 20% or Rs. 10 per sq.m. whichever is higher 5407 71 20 **---** Bleached m[2 ] 20% or Rs. 10 per sq.m. whichever is higher 5407 72 00 **--** Dyed m[2 ] 20% or Rs. 24 per sq.m. whichever is higher 5407 73 00 **--** Of yarns of different colours m[2 ] 20% or Rs. 36 per sq.m. whichever is higher 5407 74 00 **--** Printed m[2 ] 20% or Rs. 23 per sq.m. whichever is higher **_-_** _Other woven fabrics, containing less_ _than 85% by weight of synthetic filaments,_ _mixed mainly or solely with cotton_ **_:_** 5407 81 **_--_** _Unbleached or bleached_ **_:_** **_---_** _Unbleached :_ 5407 81 11 **----** Nylon georgette 5407 81 12 **----** Nylon sarees 5407 81 13 **----** Polyester shirtings 5407 81 14 **----** Polyester suitings 5407 81 15 **----** Terylene and dacron sarees 5407 81 16 **----** Polyester dhoti 5407 81 19 **----** Other m[2 ] m[2 ] m[2 ] m[2 ] m[2 ] m[2 ] m[2 ] 20% or Rs.10 per sq.m. whichever is higher 20% or Rs.10 per sq.m. whichever is higher 20% or Rs.10 per sq.m. whichever is higher 10% or Rs.10 per sq.m. whichever is higher 10% or Rs.10 per sq.m. whichever is higher 20% or Rs.10 per sq.m. 20% or Rs.10 per sq.m. whichever is higher ----- **SECTION-XI** **CHAPTER-54** **(1)** **(2)** **(3)** **(4)** **(5)** whichever is higher **---** **----** _Bleached_ **_:_** Nylon georgette 5407 81 21 **----** Nylon georgette m[2 ] 10% or Rs.10 per sq.m. whichever is higher 5407 81 22 **----** Nylon sarees m[2 ] 20% or Rs.10 per sq.m. whichever is higher 5407 81 23 **----** Polyester shirtings m[2 ] 20% or Rs.10 per sq.m. whichever is higher 5407 81 24 **----** Polyester suitings m[2 ] 10% or Rs.10 per sq.m. whichever is higher 5407 81 25 **----** Terylene and dacron sarees 10% or Rs.10 per sq.m. m[2 ] whichever is higher 5407 81 26 **----** Polyester dhoti m[2 ] 10% or Rs.10 per sq.m. whichever is higher 5407 81 29 **----** Other m[2 ] 20% or Rs.10 per sq.m. whichever is higher 5407 82 -- _Dyed :_ 5407 82 10 **---** Nylon georgette m[2 ] 20% or Rs.25 per sq.m. whichever is higher 5407 82 20 **---** Nylon sarees m[2 ] 20% or Rs.25 per sq.m. whichever is higher 5407 82 30 **---** Polyester shirtings m[2 ] 20% or Rs.25 per sq.m. whichever is higher 5407 82 40 **---** Polyester suitings m[2 ] 20% or Rs.25 per sq.m. whichever is higher 5407 82 50 **---** Terylene and dacron sarees 10% or Rs.25 per sq.m. m[2 ] whichever is higher 5407 82 60 **---** Lungies 20% or Rs.25 per sq.m. m[2 ] whichever is higher 5407 82 90 **---** Other m[2 ] 20% or Rs.25 per sq.m. whichever is higher 5407 83 00 **--** Of yarns of different colours m[2 ] 20% or Rs.40 per sq.m. whichever is higher 5407 84 -- _Printed_ **_:_** 5407 84 10 **---** Nylon georgette m[2 ] 20% or Rs.23 per sq.m. whichever is higher 5407 84 20 **---** Nylon sarees m[2 ] 20% or Rs.23 per sq.m. whichever is higher 5407 84 30 **---** Polyester shirtings m[2 ] 20% or Rs.23 per sq.m. whichever is higher 5407 84 40 **---** Polyester suitings m[2 ] 20% or Rs.23 per sq.m. whichever is higher 5407 84 50 **---** Terylene and dacron sarees m[2 ] 10% or Rs.23 per sq.m. ----- **SECTION-XI** **CHAPTER-54** **(1)** **(2)** **(3)** **(4)** **(5)** whichever is higher 5407 84 60 **---** Lungies m[2 ] 20% or Rs.23 per sq.m. whichever is higher 5407 84 70 **---** Polyester sarees m[2 ] 20% or Rs.23 per sq.m. whichever is higher 5407 84 90 **---** Other m[2 ] 20% or Rs.23 per sq.m. whichever is higher **_-_** _Other woven fabrics_ **_:_** 5407 91 -- _Unbleached or bleached_ **_:_** 5407 91 10 **---** Unbleached m[2 ] 20% or Rs.15 per sq.m. whichever is higher 5407 91 20 **---** Bleached m[2 ] 20% or Rs.15 per sq.m. whichever is higher 5407 92 00 **--** Dyed m[2 ] 20% or Rs.40 per sq.m. whichever is higher 5407 93 00 **--** [Of yarns of different colours ] m[2 ] 20% or Rs.27 per sq.m. whichever is higher 5407 94 00 **--** Printed m[2 ] 20% or Rs.40 per sq.m. whichever is higher **5408** **WOVEN** **FABRICS** **OF** **ARTIFICIAL** **FILAMENT** **YARN,INCLUDING WOVEN FABRICS OBTAINED** **FROM MATERIALS OF HEADING** **5405** 5408 10 00 **-** Woven fabrics obtained from high tenacity [m][2 ] 20% yarn of viscose rayon **_-_** _Other woven fabrics, containing 85% or_ _more by weight of artificial filament or_ _strip or the like_ **_:_** 5408 21 -- _Unbleached or bleached_ **_:_** 5408 21 10 **---** Unbleached m[2 ] 20% 5408 21 20 **---** Bleached m[2 ] 20% 5408 22 **_--_** _Dyed_ **_:_** **_---_** _Fabrics of rayon_ **_:_** 5408 22 11 **----** Rayon crepe fabrics m[2 ] 20% or Rs.27 per sq.m. whichever is higher 5408 22 12 **----** Rayon jacquards m[2 ] 20% or Rs.27 per sq.m. whichever is higher 5408 22 13 **----** Rayon brocades m[2 ] 20% or Rs.27 per sq.m. whichever is higher 5408 22 14 **----** Rayon georgette m[2 ] 20% or Rs.27 per sq.m. whichever is higher 5408 22 15 **----** Rayon tafetta m[2 ] 20% or Rs.27 per sq.m. 5408 22 16 **----** Rayon suitings whichever is higher m[2 ] 20% or Rs.27 per sq.m. ----- **SECTION-XI** **CHAPTER-54** **(1)** **(2)** **(3)** **(4)** **(5)** whichever is higher 5408 22 17 **----** Rayon shirtings m[2 ] 20% or Rs.27 per sq.m. whichever is higher 5408 22 18 **----** Rayon sarees m[2 ] 20% or Rs.27 per sq.m. whichever is higher 5408 22 19 **----** Other m[2 ] 20% or Rs.27 per sq.m. whichever is higher 5408 22 20 **---** Fabrics of continuous filament, other m[2 ] 20% or Rs.27 per sq.m. than rayon whichever is higher 5408 22 90 **---** Other m[2 ] 20% or Rs.27 per sq.m. whichever is higher 5408 23 00 **--** Of yarns of different colours m[2 ] 20% or Rs.28 per sq.m. whichever is higher 5408 24 **--** _Printed :_ **---** _Of rayon :_ 5408 24 11 **----** Rayon crepe fabrics m[2 ] 20% or Rs.52 per sq.m. whichever is higher 5408 24 12 **----** Rayon jacquards m[2 ] 10% or Rs.52 per sq.m. whichever is higher 5408 24 13 **----** Rayon brocades m[2 ] 10% or Rs.52 per sq.m. whichever is higher 5408 24 14 **----** Rayon georgette m[2 ] 20% or Rs.52 per sq.m. whichever is higher 5408 24 15 **----** Rayon tafetta m[2 ] 10% or Rs.52 per sq.m. whichever is higher 5408 24 16 **----** Rayon suitings m[2 ] 20% or Rs.52 per sq.m. whichever is higher 5408 24 17 **----** Rayon shirtings m[2 ] 20% or Rs.52 per sq.m. whichever is higher 5408 24 18 **----** Rayon sarees m[2 ] 10% or Rs.52 per sq.m. whichever is higher 5408 24 19 **----** Other m[2 ] 20% or Rs.52 per sq.m. whichever is higher 5408 24 90 **---** Other m[2 ] 20% or Rs.52 per sq.m. whichever is higher **_-_** _Other woven fabrics_ **_:_** 5408 31 -- _Unbleached or bleached_ **_:_** 5408 31 10 **---** Unbleached m[2 ] 20% or Rs.25 per sq.m. whichever is higher 5408 31 20 **---** Bleached m[2 ] 20% or Rs.25 per sq.m. whichever is higher 5408 32 **_--_** _Dyed :_ **_---_** _Fabrics of rayon_ **_:_** 5408 32 11 ---- Rayon brocades m[2 ] 20% or Rs.44 per sq.m. ----- **SECTION-XI** **CHAPTER-54** **(1)** **(2)** **(3)** **(4)** whichever is higher **(5)** 5408 32 12 **----** Rayon georgette m[2 ] 20% or Rs.44 per sq.m whichever is higher 5408 32 13 **----** Rayon tafetta m[2 ] 20% or Rs.44 per sq.m whichever is higher 5408 32 14 **----** Rayon suitings m[2 ] 20% or Rs.44 per sq.m whichever is higher 5408 32 15 **----** Rayon shirtings m[2 ] 20% or Rs.44 per sq.m whichever is higher 5408 32 19 **----** Other m[2 ] 20% or Rs.44 per sq.m whichever is higher 5408 32 90 **---** Other m[2 ] 20% or Rs.44 per sq.m whichever is higher 5408 33 00 **--** Of yarns of different colours m[2 ] 20% or Rs.10 per sq.m. whichever is higher 5408 34 **--** _Printed :_ **---** _Fabric of rayon :_ 5408 34 11 **----** Rayon crepe fabrics m[2 ] 20% or Rs.11 per sq.m. whichever is higher 5408 34 12 **----** Rayon jacquards m[2 ] 20% or Rs.11 per sq.m. whichever is higher 5408 34 13 **----** Rayon brocades m[2 ] 20% or Rs.11 per sq.m. whichever is higher 5408 34 14 **----** Rayon georgette m[2 ] 20% or Rs.11 per sq.m. whichever is higher 5408 34 15 **----** Rayon tafetta m[2 ] 20% or Rs.11 per sq.m. whichever is higher 5408 34 16 **----** Rayon suitings m[2 ] 20% or Rs.11 per sq.m. whichever is higher 5408 34 17 **----** Rayon shirtings m[2 ] 20% or Rs.11 per sq.m. whichever is higher 5408 34 18 **----** Rayon sarees m[2 ] 20% or Rs.11 per sq.m. whichever is higher 5408 34 19 **----** Other m[2 ] 20% or Rs.11 per sq.m. whichever is higher 5408 34 20 **---** Fabrics of continuous filament, other m[2 ] 20% or Rs.11 per sq.m. than rayon whichever is higher 5408 34 90 **---** Other m[2 ] 20% or Rs.11 per sq.m. whichever is higher ----- **SECTION-XI** **CHAPTER-55** **CHAPTER** **55** **_Man-made staple fibres_** **NOTE** **:** Headings 5501 and 5502 apply only to man-made filament tow, consisting of parallel filaments of a uniform length equal to the length of the tow, meeting the following specifications : (a) length of tow exceeding 2 m; (b) twist less than 5 turns per metre; (c) measuring per filament less than 67 decitex; (d) synthetic filament tow only: the tow must be drawn, that is to say, be incapable of being stretched by more than 100% of its length; (e) total measurement of tow more than 20,000 decitex. Tow of a length not exceeding 2 m is to be classified in heading 5503 or 5504. **Supplementary Note:** For the purposes of this Chapter, inherent Fire Retardant (FR) fibres, as specified in IS 11871, IS 13501, IS 15742, IS 15742 A, are those in which the FR properties are naturally part of the polymer backbone and can never be worn away or washed out. **Tariff Item** **Description of goods** **Un** **it** **Rate of** **duty** **Standard** **Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **5501** **SYNTHETIC** **FILAMENT** **TOW** _-_ _Of nylon or other polyamides:_ 5501 11 00 **--** Of aramides kg. 5% 5501 19 00 **--** Other kg. 5% 5501 20 00 **-** Of polyesters kg. 5% 5501 30 00 **-** Acrylic or modacrylic kg. 5% 5501 40 00 **-** Of polypropylene kg. 5% 5501 90 **-** _Other :_ 5501 90 10 **---** Of polypropylene kg. 5% 5501 90 90 **---** Other kg. 5% **5502** **ARTIFICIAL FILAMENT** **TOW** 5502 10 - Of cellulose acetate: 5502 10 10 --- Viscose rayon tow kg. 5% 5502 10 90 --- Other kg. 5% 5502 90 - Other: 5502 90 10 --- Viscose rayon tow kg. 5% 5502 90 90 --- Other kg. 5% **5503** **SYNTHETIC STAPLE FIBRES, NOT CARDED, COMBED** ----- **SECTION-XI** **CHAPTER-55** **(1)** **(2)** **(3)** **(4)** **(5)** **-** Of nylon or other polyamides 5503 11 **--** _Of aramids:_ 5503 11 10 **---** Aramid Flame Retardant Fibre kg. 2.5% 5503 11 20 **---** Para-aramid Fibre kg. 2.5% 5503 11 90 **---** Other kg. 5% 5503 19 **--** _Other:_ 5503 19 10 **---** Nylon Staple Fibre kg. 2.5% 5503 19 20 **---** Nylon Anti Static Staple Fibre kg. 2.5% 5503 19 30 **---** Nylon 66 fibre conforming to IS 13464 kg. 2.5% 5503 19 90 **---** Other kg. 5% 5503 20 00 **-** Of polyesters kg. 5% 5503 30 **-** _Acrylic or modacrylic:_ 5503 30 10 **---** Pre Oxidised Fibre, conforming to IS 17308 kg. 2.5% 5503 30 90 **---** kg. 5% Other 5503 40 00 **-** Of polypropylene kg. 5% 5503 90 **-** _Other :_ 5503 90 10 **---** Polyvinyl staple fibre kg. 5% 5503 90 20 **---** Polyvinyl chloride staple fibre kg. 5% 5503 90 30 **---** Ultra high molecular weight poly ethylene kg. 5% staple fibre conforming to ASTM F2848 5503 90 90 **---** Other kg. 5% **5504** **ARTIFICIAL** **STAPLE** **FIBRES,** **NOT** **CARDED,** **COMBED OR OTHERWISE PROCESSED** **FOR** **SPINNING** 5504 10 - _Of viscose rayon:_ --- _Obtained from wood other than bamboo:_ 5504 10 11 ---- Flame retaradant Viscose Rayon fibre kg. 2.5% 5504 10 19 ---- Other kg. 5% --- _Obtained from bamboo:_ 5504 10 21 ---- Flame retaradant Viscose Rayon fibre kg. 2.5% 5504 10 29 ---- Other kg. 5% 5504 10 90 --- Other kg. 5% 5504 90 **-** _Other :_ 5504 90 10 **---** Acetate rayon staple fibre kg. 5% 5504 90 20 **---** Polynosic staple fibre kg. 5% 5504 90 30 **---** High wet modulus staple fibre kg. 5% 5504 90 90 **---** Other kg. 5% **5505** **WASTE** **(INCLUDING** **NOILS,** **YARN WASTE AND** **GARNETTED** **STOCK)** **OF MAN-MADE FIBRES** 5505 10 _- Of synthetic fibers_ **_:_** 5505 10 10 **---** Of acrylic kg. 5% 5505 10 90 **---** Other kg. 5% 5505 20 00 **-** Of artificial fibres kg. 5% **5506** **SYNTHETIC** **STAPLE** **FIBRES,** **CARDED COMBED** **OR** **OTHERWISE PROCESSED FOR SPINNING** 5506 10 00 **-** Of nylon or other polyamides kg. 5% 5506 20 00 **-** Of polyesters kg. 5% 5506 30 00 **-** Acrylic or modacrylic kg. 5% ----- 5506 90 10 **---** Polypropylene tops kg. 5% 5506 90 90 **---** Other kg. 5% **5507** **ARTIFICIAL STAPLE** **FIBRES, CARDED,** **COMBED OR OTHERWISE PROCESSED FOR** **SPINNING** 5507 00 _-_ _Artificial_ _staple_ _fibres,_ _carded,_ _combed or otherwise processedfor_ _spinning_ **_:_** 5507 00 10 **---** Acetate rayon tops kg. 5% 5507 00 20 **---** Viscose tops kg. 5% 5507 00 30 **---** Polynosic tops kg. 5% 5507 00 40 **---** High wet modulus tops kg. 5% 5507 00 90 **---** Other kg. 5% **5508** **SEWING** **THREAD OF MAN-MADE** **STAPLE** **FIBRES,** **WHETHER OR NOT** **PUT UP FOR RETAIL SALE** 5508 10 00 **-** Of synthetic staple fibres kg. 5% 5508 20 00 **-** Of artificial staple fibres kg. 5% **5509** **YARN** **(OTHER** **THAN** **SEWING** **THREAD)** **OF** **SYNTHETIC STAPLE FIBRES,** **NOT PUT UP** **FOR RETAIL SALE** _Containing_ 85% or more by weight _of staple fibres of nylon or other_ _polyamides_ **_:_** Single yarn Multiple (folded) or cabled yarn _Containing 85% or more by weight of_ _polyester staple fibres:_ Single yarn Multiple (folded) or cabled yarn _Containing_ 85% or more by weight _of_ _acrylic or modacrylic staple_ _fibres:_ Single yarn Multiple (folded) or cabled yarn _Other yarn, containing_ 85% or _more by weight of synthetic_ _staple fibres_ **_:_** kg. kg. kg. kg. kg. 5509 11 00 5509 12 00 5509 21 00 5509 22 00 5509 31 00 **_-_** **--** **--** **_-_** **--** **--** **_-_** **--** 5% 5% 5% 5% 5% 5509 32 00 **--** **_-_** kg. 5% ----- **SECTION-XI** **CHAPTER-55** **(1)** **(2)** **(3)** **(4)** **(5)** 5509 41 **_--_** _Single yarn_ **_:_** 5509 41 10 **---** Polypropylene spun yarn kg. 5% 5509 41 20 **---** Polyvinyl acetate spun yarn kg. 5% 5509 41 30 **---** Polyvinyl chloride spun yarn kg. 5% 5509 41 90 **---** Other kg. 5% 5509 42 **_--_** _Multiple (folded) or cabled yarn_ **_:_** 5509 42 10 **---** Polypropylene spun yarn kg. 5% 5509 42 20 5509 42 30 **---** **---** 5% 5% Polyvinyl acetate (PVA) spun yarn Polyvinyl chloride (PVC) spun yarn kg. kg. 5509 42 90 **---** Other kg. 5% _Other yarn, of polyester staple_ _fibres_ **_:_** Mixed mainly or solely with artificial staple fibres Mixed mainly or solely with wool or fine animal hair Mixed mainly or solely with cotton Other _Other yarn, of acrylic or_ _modacrylic staple fibres :_ Mixed mainly or solely with wool or fine animal hair Mixed mainly or solely with cotton Other _Other yarn_ **_:_** Mixed mainly or solely with wool or fine animal hair Mixed mainly or solely with cotton _Other:_ Yarn made of 100% inherent FR synthetic fibre Other 5509 51 00 5509 52 00 5509 53 00 5509 59 00 5509 61 00 5509 62 00 5509 69 00 5509 91 00 5509 92 00 5509 99 5509 99 10 5509 99 90 **_-_** **--** **--** **--** **--** **_-_** **--** **--** **--** **_-_** **--** **--** **--** **---** **---** kg. kg. kg. kg. kg. kg. kg. kg. kg. kg. kg. 5% 5% 5% 5% 5% 5% 5% 5% 5% 5% 5% **5510** **YARN** **(OTHER** **THAN** **SEWING** **THREAD)** **OF** **ARTIFICIAL** **STAPLE** **FIBRES,** **NOT PUT UP FOR RETAIL SALE** **_-_** _Containing 85% or more by weight_ _of artificial staple fibres:_ 5510 11 **_--_** _Single yarn_ **_:_** 5510 11 10 **---** Viscose rayon spun yarn kg. 20% 5510 11 20 **---** Acetate rayon spun yarn kg. 20% ----- **SECTION-XI** **CHAPTER-55** **(1)** **(2)** **(3)** **(4)** **(5)** 5510 11 90 **---** Other kg. 5% 5510 12 **_--_** _Multiple (folded) or cabled_ _yarn:_ 5510 12 10 **---** Viscose rayon spun yarn kg. 5% 5510 12 20 **---** Acetate rayon spun yarn kg. 5% 5510 12 90 **---** Other kg. 5% 5510 20 **_-_** _Other yarn, mixed_ _mainly or_ _solely with wool or fine animal_ _hair_ **_:_** 5510 20 10 **---** Viscose rayon spun yarn kg. 5% 5510 20 20 **---** Acetate rayon spun yarn kg. 5% 5510 20 90 **---** Other kg. 5% 5510 30 **_-_** _Other_ _yarn, mixed mainly or_ _solely with cotton_ **_:_** 5510 30 10 **---** Viscose rayon spun yarn kg. 5% 5510 30 20 **---** Acetate rayon spun yarn kg. 5% 5510 30 90 **---** Other kg. 5% 5510 90 **_-_** _Other yarn_ **_:_** 5510 90 10 **---** Viscose rayon spun yarn kg. 5% 5510 90 20 **---** Acetate rayon spun yarn kg. 5% 5510 90 30 **---** Yarn made of 100% inherent FR kg. 5% artificial fibre 5510 90 90 **---** Other kg. 5% **5511** **YARN** **(OTHER** **THAN** **SEWING** **THREAD)** **OF MAN-MADE STAPLE** **FIBRES,** **PUT UP FOR RETAIL SALE** 5511 10 00 **-** Of synthetic staple fibres, kg. 10% containing 85% or more by weight of such fibres 5511 20 00 **-** Of synthetic staple fibres, kg. 10% containing less than 85% by weight of such fibres 5511 30 **_-_** _Of artificial staple fibres_ **_:_** 5511 30 10 **---** Containing more than 85% by kg. 10% weight of staple fibre 5511 30 90 **---** Other kg. 10% **5512** **WOVEN FABRICS OF SYNTHETIC** **STAPLE FIBRES, CONTAINING 85%** **OR** **MORE** **BY** **WEIGHT** **OF** **SYNTHETIC STAPLE FIBRES** **_-_** _[Containing ]_ 85% or _more_ _by_ _weight of polyester staple fibres:_ ----- **SECTION-XI** **CHAPTER-55** **(1)** **(2)** **(3)** **(4)** **(5)** 5512 11 **_--_** _Unbleached or bleached_ **_:_** 5512 11 10 **---** Unbleached m[2 ] 20% 5512 11 20 **---** Bleached m[2 ] 20% 5512 19 **--** _Other_ _:_ 5512 19 10 **---** Dyed m[2 ] 20% or Rs.25 per sq. metre, whichever is higher 5512 19 20 **---** Printed m[2 ] 20% or Rs.25 per sq. metre, whichever is higher 5512 19 90 **---** Other m[2 ] 20% or Rs.25 per sq. metre, whichever is higher **_-_** _Containing_ 85% _or more_ _by_ _weight of acrylic or modacrylic_ _staple fibres:_ 5512 21 **_--_** _Unbleached or bleached_ **_:_** 5512 21 10 **---** Unbleached m[2 ] 20% 5512 21 20 **---** Bleached m[2 ] 20% 5512 29 **--** _Other_ _:_ 5512 29 10 **---** Dyed m[2 ] 20% or Rs.28 per sq. metre, whichever is higher 5512 29 20 **---** Printed m[2 ] 20% or Rs.28 per sq. metre, whichever is higher 5512 29 90 **---** Other m[2 ] 20% or Rs.28 per sq. metre, whichever is higher **-** _Other :_ 5512 91 **_--_** _Unbleached or_ _bleached_ **_:_** 5512 91 10 **---** Unbleached m[2 ] 20% 5512 91 20 **---** Bleached m[2 ] 20% 5512 99 **--** _Other_ _:_ 5512 99 10 **---** Dyed m[2 ] 20% or Rs. 54 per kg., whichever is higher 5512 99 20 **---** Printed m[2 ] 20% or Rs. 54 per kg., whichever is higher 5512 99 90 **---** Other m[2 ] 20% or Rs. 54 per kg., whichever is higher **5513** **WOVEN** **FABRICS** **OF** **SYNTHETIC** **STAPLE FIBRES,** **CONTAINING** **LESS** **THAN** **85%** **BY WEIGHT OF SUCH** **FIBRES,** **MIXED MAINLY OR SOLELY** **WITH COTTON,** **OF A WEIGHT NOT** **EXCEEDING 170 G/M[2]** **_-_** _Unbleached or bleached_ **_:_** ----- **SECTION-XI** **CHAPTER-55** **(1)** **(2)** **(3)** **(4)** **(5)** 5513 11 **_--_** _Of polyester staple fibres, plain_ _weave_ **_:_** 5513 11 10 **---** Unbleached m[2 ] 20% 5513 11 20 **---** Bleached m[2 ] 20% 5513 12 **_--_** 3-thread _or_ 4-thread _twill,_ _including cross twill, of polyester_ _staple fibres_ **_:_** 5513 12 10 **---** Unbleached m[2 ] 20% 5513 12 20 **---** Bleached m[2 ] 20% 5513 13 **_--_** _Other woven fabrics of polyester_ _staple fibres_ **_:_** 5513 13 10 **---** Unbleached m[2 ] 20% 5513 13 20 **---** Bleached m[2 ] 20% 5513 19 **_--_** _Other woven fabrics_ **_:_** 5513 19 10 **---** Unbleached m[2 ] 20% 5513 19 20 **---** Bleached m[2 ] 20% **_-_** _Dyed_ **_:_** 5513 21 00 **--** Of polyester staple fibres, plain weave 5513 23 00 **--** Other woven fabrics of polyester staple fibres 5513 29 00 **--** **-** Other woven fabrics _Of yarns of different colours_ **_:_** m[2 ] 20% or Rs.107 per kg., whichever is higher m[2 ] 20% or Rs. 125 per kg. or Rs. 25 per sq mtr., whichever is highest m[2 ] 20% or Rs.185 per kg., whichever is higher m[2 ] 20% or Rs. 21 per sq. metre whichever is higher m[2 ] 20% or Rs. 125 per kg. or Rs. 30 per sq mtr., whichever is highest m[2 ] 20% or Rs.15 per sq. metre, whichever is higher 5513 31 00 **--** Of polyester staple fibres, plain weave 5513 39 00 **--** Other woven fabrics **_-_** _Printed_ **_:_** 5513 41 00 **--** Of polyester staple fibres, plain weave 5513 49 00 **--** Other woven fabrics m[2 ] 20% or Rs. 185 per kg., whichever is higher **5514** **WOVEN FABRICS OF SYNTHETIC** **STAPLE FIBRES, CONTAINING LESS** **THAN** **85% BY WEIGHT OF SUCH** **FIBRES, MIXED MAINLY OR SOLELY** **WITH** **COTTON,** **OF** **A** **WEIGHT** **EXCEEDING 170** **G/M[2]** ----- **SECTION-XI** **CHAPTER-55** **(1)** **(2)** **(3)** **(4)** **(5)** **_-_** _Unbleached or bleached_ **_:_** 5514 11 **_--_** _Of polyester staple fibres, plain_ _weave_ **_:_** 5514 11 10 **---** Unbleached m[2 ] 20% 5514 11 20 **---** Bleached m[2 ] 20% 5514 12 **_--_** 3-thread or 4-thread twill, _including cross twill, of_ _polyester staple fibres_ **_:_** 5514 12 10 **---** Unbleached m[2 ] 20% 5514 12 20 **---** Bleached m[2 ] 20% 5514 19 **--** _Other :_ 5514 19 10 **---** Unbleached m[2 ] 20% 5514 19 20 **---** Bleached m[2 ] 20% **_-_** _Dyed_ **_:_** 5514 21 00 **--** Of polyester staple fibres, m[2 ] 20% or Rs. 100 per kg. plain weave or Rs. 30 per sq metre, whichever is highest 5514 22 00 **--** 3-thread or 4-thread twill, m[2 ] 20% or Rs. 100 per kg., including cross twill, of whichever is higher polyester staple fibres 5514 23 00 **--** Other woven fabrics of m[2 ] 20% or Rs.114 per kg. polyester staple fibres whichever is higher 5514 29 00 **--** Other woven fabrics m[2 ] 20% or Rs.121 per kg. whichever is higher 5514 30 **_-_** _Of yarns of different colours_ **_:_** 5514 30 11 **----** Of polyester staple fibres, m[2 ] 20% or Rs. 45 per sq . plain weave metre, whichever is higher 5514 30 12 **----** 3-thread or 4-thread twill, m[2 ] 20% or Rs. 26 per sq. including cross twill, of metre, whichever is higher polyester staple fibres 5514 30 13 **----** Other woven fabrics of m[2 ] 20% or Rs. 180 per kg., polyester staple fibres whichever is higher 5514 30 19 **----** Other woven fabrics m[2 ] 20% or Rs.31 per sq. metre, whichever is higher **_-_** _Printed_ **_:_** 5514 41 00 **--** Of polyester staple fibres, m[2 ] 20% or Rs.26 per sq. plain weave metre,whichever is higher 5514 42 00 **--** 3-thread or 4-thread twill, m[2 ] 20% or Rs. 140 per kg., including cross twill, of whichever is higher polyester staple fibres 5514 43 00 **--** Other woven fabrics of m[2 ] 20% or Rs. 31per sq. polyester staple fibres metre, whichever is higher ----- **SECTION-XI** **CHAPTER-55** **(1)** **(2)** **(3)** **(4)** **(5)** 5514 49 00 **--** Other woven fabrics m[2 ] 20% or Rs.114 per kg., whichever is higher **5515** 5515 11 5515 11 10 **_-_** **_--_** **---** 5515 11 20 **---** 5515 11 30 **---** 5515 11 40 **---** 5515 11 90 **---** 5515 12 **_--_** 5515 12 10 **---** **OTHER** **WOVEN** **FABRICS** **OF** **SYNTHETIC STAPLE FIBRES** _Of polyester staple fibres_ **_:_** _Mixed mainly or solely with_ _viscos rayon staple fibres_ **_:_** Unbleached m[2 ] 20% or Rs.40 per sq. metre, whichever is higher Bleached m[2 ] 20% or Rs.40 per sq. metre, whichever is higher Dyed m[2 ] 20% or Rs.40 per sq. metre, whichever is higher Printed m[2 ] 20% or Rs.40 per sq. metre, whichever is higher Other m[2 ] 20% or Rs.40 per sq. metre, whichever is higher _Mixed mainly or solely with_ _man-made filaments_ **_:_** Unbleached m[2 ] 20% or Rs. 95 per kg., whichever is higher 5515 12 20 **---** Bleached m[2 ] 20% or Rs. 95 per kg., whichever is higher 5515 12 30 **---** Dyed m[2 ] 20% or Rs. 95 per kg., whichever is higher 5515 12 40 **---** Printed m[2 ] 20% or Rs. 95 per kg., whichever is higher 5515 12 90 **---** Other m[2 ] 20% or Rs. 95 per kg., whichever is higher 5515 13 **_--_** _Mixed mainly or solely with_ _wool or fine animal hair_ **_:_** 5515 13 10 **---** Unbleached m[2 ] 20% or Rs.75 per sq. metre., whicheveris higher 5515 13 20 **---** Bleached m[2 ] 20% or Rs.75 per sq. metre., whicheveris higher 5515 13 30 **---** Dyed m[2 ] 20% or Rs.75 per sq. metre., whicheveris higher 5515 13 40 **---** [Printed ] m[2 ] 20% or Rs.75 per sq. metre., whicheveris higher 5515 13 90 **---** [Other ] m[2 ] 20% or Rs.75 per sq. metre., whicheveris higher 5515 19 -- _Other:_ 5515 19 10 **---** Unbleached m[2 ] 20% or Rs.45 per sq. ----- **SECTION-XI** **CHAPTER-55** **(1)** **(2)** **(3)** **(4)** **(5)** metre., whichever is higher 5515 19 20 **---** Bleached 5515 19 30 **---** Dyed 5515 19 40 **---** Printed 5515 19 90 **---** Other m[2 ] 20% or Rs.45 per sq. metre., whicheveris higher m[2 ] 20% or Rs.45 per sq. metre., whicheveris higher m[2 ] 20% or Rs.45 per sq. metre., whicheveris higher m[2 ] 20% or Rs.45 per sq. metre., whicheveris higher m[2] m[2 ] m[2 ] m[2 ] m[2 ] m[2 ] m[2 ] m[2 ] m[2 ] m[2 ] m[2 ] m[2 ] m[2 ] m[2 ] 20% or Rs.55 per sq. metre.,whicheveris higher 20% or Rs.55 per sq. metre., whichever is higher 20% or Rs.55 per sq. metre., whichever is higher 20% or Rs.55 per sq. metre., whichever is higher 10% or Rs.140 per kg., whichever is higher 10% or Rs.140 per kg., whichever is higher 20% or Rs.140 per kg., whichever is higher 10% or Rs.140 per kg., whichever is higher 20% or Rs.140 per kg., whichever is higher 10% or Rs.30 per sq. metre, whichever is higher 10% or Rs.30 per sq. metre, whichever is higher 20% or Rs.30 per sq. metre, whichever is higher 20% or Rs.30 per sq. _Of acrylic or modacrylic staple_ _fibres_ **_:_** _Mixed mainly or solely with_ _man-made filaments_ **_:_** Unbleached Bleached 5515 21 5515 21 10 5515 21 20 **_-_** **_--_** **---** **---** 20% or Rs.55 per sq. metre., whicheveris higher 5515 21 30 **---** Dyed 5515 21 40 **---** Printed 5515 21 90 **---** Other 5515 22 **_--_** _Mixed mainly or solely with_ 5515 22 10 **---** _wool or fine animal hair_ **_:_** Unbleached 5515 22 20 **---** Bleached 5515 22 30 **---** Dyed 5515 22 40 **---** Printed 5515 22 90 **---** Other 5515 29 **--** _Other :_ 5515 29 10 **---** Unbleached 5515 29 20 **---** Bleached 5515 29 30 **---** Dyed 5515 29 40 **---** Printed ----- **SECTION-XI** **CHAPTER-55** **(1)** **(2)** **(3)** **(4)** **(5)** metre, whichever is higher 5515 29 90 **---** Other m[2 ] 20% or Rs.30 per sq. metre, whichever is higher **_-_** _Other woven fabrics_ **_:_** 5515 91 **_--_** _Mixed mainly or solely with_ _man-made filaments_ **_:_** 5515 91 10 **---** Unbleached m[2] 20% or Rs.40 per sq. metre, whichever is higher 5515 91 20 **---** Bleached m[2] 20% or Rs.40 per sq. metre, whichever is higher 5515 91 30 **---** Dyed m[2] 20% or Rs.40 per sq. metre, whichever is higher 5515 91 40 **---** Printed m[2] 20% or Rs.40 per sq. metre, whichever is higher 5515 91 90 **---** Other m[2] 20% or Rs.40 per sq. metre, whichever is higher 5515 99 **--** _Other_ _:_ 5515 99 10 **---** Unbleached m[2] 20% or Rs.35 per sq. metre, whichever is higher 5515 99 20 **---** Bleached m[2] 20% or Rs.35 per sq. metre, whichever is higher 5515 99 30 **---** Dyed m[2] 20% or Rs.35 per sq. metre, whichever is higher 5515 99 40 **---** Printed m[2] 20% or Rs.35 per sq. metre, whichever is higher 5515 99 50 --- Fabrics made of 100% inherent FR m[2] 20% or Rs.35 per sq. metre, synthetic fibre whichever is higher 5515 99 90 **---** Other m[2] 20% or Rs.35 per sq. metre, whichever is higher **5516** **WOVEN FABRICS OF** **ARTIFICIAL** **STAPLE FIBRES** **_-_** _Containing 85% or more by weight_ _of artificial staple fibres:_ 5516 11 **_--_** _Unbleached or bleached_ **_:_** 5516 11 10 **---** Unbleached m[2] 20% 5516 11 20 **---** Bleached m[2] 20% 5516 12 00 **--** Dyed m[2] 20% or Rs.35 per sq. metre, whichever is higher 5516 13 00 **--** Of yarns of different colours m[2 ] 20% or Rs.40 per sq. metre, whichever is higher 5516 14 **_-- Printed_** **_:_** 5516 14 10 **---** Spun rayon printed shantung m[2] 20% or Rs.12 per sq. metre, whichever is higher 5516 14 20 **---** Spun rayon printed linen m[2] 20% or Rs.12 per sq. metre, which ever is higher ----- **SECTION-XI** **CHAPTER-55** **(1)** **(2)** **(3)** **(4)** **(5)** 5516 14 90 **---** Other m[2 ] 20% or Rs.12 per sq. which ever is higher **_-_** _Containing less than_ 85% by _weight of artificial staple fibres,_ _mixed mainly or solely with_ _man-made filaments_ **_:_** **_--_** _Unbleached or bleached_ **_:_** 5516 21 5516 21 10 **---** Unbleached m[2 ] 20% 5516 21 20 **---** Bleached m[2 ] 20% 5516 22 00 **_--_** Dyed m 20% or Rs.150 per kg., which _-_ ever is higher 5516 23 00 **--** Of yarns of different colours m[2 ] 20% or Rs.150 per kg., which ever is higher 5516 24 00 **--** Printed m[2 ] 20% or Rs.12 per sq. metre, which ever is higher **_-_** _Containing less than_ 85% by _weight of artificial staple fibres,_ _mixed mainly or solely with_ _wool or fine animal hair_ **_:_** **_--_** _Unbleached or bleached_ **_:_** 5516 31 5516 31 10 **---** Unbleached m[2 ] 20% 5516 31 20 **---** Bleached m[2 ] 10% 5516 32 00 **--** Dyed m[2 ] 20% 5516 33 00 **--** Of yarns of different colours m[2 ] 20% 5516 34 00 **--** Printed m[2 ] 20% **_-_** _Containing less than_ 85% by _weight of artificial staple fibres,_ _mixed mainly or solely with_ _cotton:_ 5516 41 **_--_** _Unbleached or bleached_ **_:_** 5516 41 10 **---** Unbleached m[2 ] 20% 5516 41 20 **---** Bleached m[2 ] 20% 5516 42 00 **--** Dyed m[2 ] 20% 5516 43 00 **--** Of yarns of different colours m[2 ] 20% or Rs.12 per sq. metre, which ever is higher 5516 44 00 **--** Printed m[2] 20% or Rs.12 per sq. which ever is higher **-** _Other :_ 5516 91 **_--_** _Unbleached or bleached_ **_:_** 5516 91 10 **---** Unbleached m[2 ] 20% 5516 91 20 **---** Bleached m[2 ] 20% 5516 92 00 **--** Dyed m[2 ] 20% 5516 93 00 **--** Of yarns of different colours m[2 ] 20% or Rs.21 per sq. metre, whichever is higher ----- **SECTION-XI** **CHAPTER-55** 5516 94 00 **--** Printed m[2 ] 20% or Rs.40 per sq. metre, whichever is higher ----- **SECTION-XI** **CHAPTER-56** **CHAPTER** **56** **_Wadding, felt and nonwovens; special yarns; twine, cordage, ropes and_** **_cables and articles thereof_** **NOTES** **:** 1. This Chapter does not cover: (a) wadding, felt or nonwovens, impregnated, coated or covered with substances or preparations (e.g., perfumes or cosmetics of Chapter 33, soaps or detergents of heading 3401, polishes, creams or similar preparations of heading 3405, fabric softeners of heading 3809) where the textile material is present merely as a carrying medium; (b) textile products of heading 5811; (c) natural or artificial abrasive powder or grain, on a backing of felt or nonwovens (heading 6805); (d) agglomerated or reconstituted mica, on a backing of felt or nonwovens (heading 6814); (e) metal foil on a backing of felt or nonwovens (generally Section XIV or XV).; (f) Sanitary towels (pads) and tampons, napkins and napkin liners and similar articles of heading 9619. 2. The term ―felt‖ includes needleloom felt and fabrics consisting of a web of textile fibres the cohesion of which has been enhanced by a stitch-bonding process using fibres from the web itself. 3. Headings 5602 and 5603 cover respectively felt and nonwovens, impregnated, coated, covered or laminated with plastics or rubber whatever the nature of these materials (compact or cellular). Heading 5603 also includes nonwovens in which plastics or rubber forms the bonding substance. Headings 5602 and 5603 do not, however, cover: (a) felt impregnated, coated, covered or laminated with plastics or rubber, containing 50 per cent. or less by weight of textile material or felt completely embedded in plastics or rubber (Chapter 39 or 40); (b) nonwovens, either completely embedded in plastics or rubber, or entirely coated or covered on both sides with such materials, provided that such coating or covering can be seen with the naked eye with no account being taken of any resulting change of colour (Chapter 39 or 40); or (c) plates, sheets or strip of cellular plastics or cellular rubber combined with felt or nonwovens, where the textile material is present merely for reinforcing purposes (Chapter 39 or 40). ----- **SECTION-XI** **CHAPTER-56** 4. Heading 5604 does not cover textile yarn, or strip or the like of heading 5404 or 5405, in which the impregnation, coating or covering cannot be seen with the naked eye (usually Chapters 50 to 55); for the purpose of this provision, no account should be taken of any resulting change of colour. **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard** **Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **5601** **WADDING** **OF** **TEXTILE** **MATERIALS** **AND** **ARTICLES** **THEREOF;** **TEXTILE FIBRES,** **NOT EXCEEDING** **5** **MM IN LENGTH** **(FLOCK),** **TEXTILE** **DUST** **AND** **MILL NEPS** - _Wadding of textile materials and articles_ _thereof:_ 5601 21 **--** Of cotton : 5601 21 10 **---** Absorbent cotton wool kg. 10% 5601 21 90 **---** Other kg. 10% 5601 22 00 **--** Of man-made fibres kg. 10% 5601 29 00 **--** Other kg. 10% 5601 30 00 - Textile flock and dust and mill neps kg. 20% **5602** **FELT,** **WHETHER** **OR** **NOT** **IMPREGNATED,** **COATED,** **COVERED OR LAMINATED** 5602 10 00 - [Needleloom felt and stitch-bonded] [fibre fabrics ] kg. 10% - _Other felt, not impregnated,_ _coated,_ _covered_ _or laminated :_ 5602 21 00 **--** Of wool or fine animal hair kg. 10% 5602 29 **--** _Of other_ _textile_ _materials_ _:_ 5602 29 10 **---** For machines other than cotton machinery kg. 10% 5602 29 20 **---** Of jute (including blended or union jute), kg. 10% other than for machinery 5602 29 90 **---** Other kg. 10% 5602 90 - Other 5602 90 10 **---** Of Rubberised coir, needled felt kg. 10% 5602 90 90 **---** Other kg. 10% **5603** **NONWOVENS,** **WHETHER** **OR** **NOT** **IMPREGNATED,** **COATED,** **COVERED OR LAMINATED** - _Of man-made filaments :_ 5603 11 **--** _Weighing not more than 25 g/m[2]:_ 5603 11 10 **---** Crop covers, conforming to IS 16718 kg. 20% 5603 11 90 **---** Other kg. 20% 5603 12 00 **--** Weighing more than 25 g/m[2 ] but not more kg. 20% ----- **SECTION-XI** **CHAPTER-56** **(1)** **(2)** **(3)** **(4)** **(5)** kg. kg. 5603 13 00 5603 14 00 10% 20% **--** than 70 g/m[2] Weighing more than 70 g/m[2] but not more than 150 g/m[2 ] 5603 14 00 **--** Weighing more than 150 g/m[2] kg. 20% - _Other_ _:_ 5603 91 00 **--** Weighing not more than 25 g/m[2] kg. 10% 5603 92 00 **--** Weighing more than 25 g/m[2] kg. 20% but not more than 70 g/m[2 ] 5603 93 **--** _Weighing more than 70 g/m[2 ]_ _but not more than 150 g/m[2]_ 5603 93 10 **---** Mulch Mats, conforming to IS 17355 kg. 10% 5603 93 90 **---** Other kg. 10% 5603 94 **--** _Weighing more than 150 g/m[2]:_ 5603 94 10 **---** Non-woven Geotextile and articles thereof, kg. 20% Conforming to IS 16391, IS 16392 5603 94 20 **---** Mulch Mats, conforming to IS 17355 kg. 20% 5603 94 90 **---** Other kg. 20% **5604** **RUBBER THREAD AND CORD, TEXTILE COVERED;** **TEXTILE YARN, AND STRIP AND THE LIKE OF** **HEADING 5404** **OR 5405,** **IMPREGNATED, COATED,** **COVERED** **OR** **SHEATHED** **WITH** **RUBBER** **OR** **PLASTICS** 5604 10 00 - Rubber thread and cord, textile covered kg. 10% 5604 90 00 - Other kg. 10% **5605** **METALLISED YARN, WHETHER OR NOT GIMPED,** **BEING TEXTILE YARN, OR STRIP OR THE LIKE OF** **HEADING** **5404** **OR** **5405,** **COMBINED WITHMETAL** **IN** **THE** **FORM** **OF** **THREAD,** **STRIP** **OR** **POWDER** **OR** **COVERED WITH METAL** 5605 00 - _Metallised yarn, whether or not gimped, being_ _textile yarn, or strip or the like of heading_ _5404 or 5405, combined with metal in the_ _form of thread, strip or powder or covered_ _with metal :_ 5605 00 10 **---** Real zari thread (gold) and silver thread kg. 10% 5603 93 5603 93 10 5603 93 90 **--** **---** **---** combined with textile thread 5605 00 20 **---** Imitation zari thread kg. 10% 5605 00 90 **---** Other kg. 10% 5605 00 20 **---** **5606** **GIMPED YARN,** **AND** **STRIP** **AND THE LIKE OF** **HEADING** **5404** **OR** **5405,** **GIMPED** **(OTHER THAN** **THOSE OF HEADING** **5605** **AND GIMPED HORSEHAIR** **YARN);** **CHENILLE** **YARN** **(INCLUDING** **FLOCK** **CHENILLE YARN);** **LOOP WALE-YARN** 5606 00 - _[Gimped yarn, and strip and the like of heading ]_ _5404 or 5405, gimped (other than those of_ _h_ _di_ _5605_ _d_ _i_ _d h_ _h i_ _)_ ----- **SECTION-XI** **CHAPTER-56** **(1)** **(2)** **(3)** **(4)** **(5)** 5606 00 10 **---** Trimmings, of cotton kg. 10% 5606 00 20 **---** Trimmings, of man-made fibres kg. 10% 5606 00 30 **---** Trimmings, of zari kg. 10% 5606 00 90 --- Other kg. 10% **5607** **TWINE, CORDAGE, ROPES AND CABLES,** **WHETHER OR** **NOT PLAITED OR BRAIDED AND WHETHER OR NOT** **IMPREGNATED,** **COATED,** **COVERED** **OR** **SHEATHED** **WITH** **RUBBER OR PLASTICS** - _Of sisal or other textile_ _fibres of the genus_ _Agave :_ 5607 21 00 **--** Binder or baler twine kg. 10% 5607 29 00 **--** Other kg. 10% - _Of polyethylene or polypropylene:_ 5607 41 00 **--** Binder or baler twine kg. 10% 5607 49 00 **--** Other kg. 10% 5607 50 - _Of_ _other_ _synthetic_ _fibres_ _:_ 5607 50 10 **---** Nylon fish net twine kg. 10% 5607 50 20 **---** Nylon tyre cord kg. 10% 5607 50 30 **---** Viscose tyre cord kg. 10% 5607 50 40 **---** Nylon rope kg. 10% 5607 50 90 **---** Other kg. 10% 5607 90 - _Other :_ 5607 90 10 5607 90 20 **---** **---** 10% 10% Coir, cordage and ropes, other than of cotton Cordage, cable, ropes and twine, of cotton kg. kg. 5607 90 90 **---** Other kg. 10% **5608** **KNOTTED** **NETTING** **OF** **TWINE,** **CORDAGE** **OR** **ROPE;** **MADE UP FISHING NETS AND OTHER MADE UP** **NETS,** **OF TEXTILE MATERIALS** - _Of man-made_ _textile materials :_ 5608 11 **--** _Made up_ _fishing_ _nets_ _:_ 5608 11 10 **---** Made up fishing nets of nylon kg. 10% 5608 11 90 **---** Other kg. 10% 5608 19 00 **--** Other kg. 10% 5608 90 - _Other :_ 5608 90 10 **---** Of cotton kg. 10% 5608 90 20 **---** Of jute kg. 10% 5608 90 90 **---** Other kg. 10% **5609** **ARTICLES** **OF** **YARN,** **STRIP** **OR** **THE** **LIKE** **OF HEADING** **5404** **OR** **5405,** **TWINE,** **CORDAGE,ROPE** **OR CABLES,** **NOT** **ELSEWHERE** **SPECIFIED OR INCLUDED** 5609 00 - _Articles of yarn, strip or the like of heading_ _5404 or 5405, twine, cordage,_ _rope or cables,_ _not elsewhere specified or included:_ 5609 00 10 **---** Products of coir kg. 10% 5609 00 20 **---** Articles made up of cotton yarn kg. 10% 5609 00 30 **---** Articles made up of jute kg. 10% ----- **SECTION-XI** **CHAPTER-57** **CHAPTER** **57** **_Carpets and other textile floor coverings_** **NOTES** **:** 1. For the purposes of this Chapter, the term ―carpets and other textile floor coverings‖ means floor coverings in which textile materials serve as the exposed surface of the article when in use and includes articles having the characteristics of textile floor coverings but intended for use for other purposes. 2. This Chapter does not cover floor covering underlays. **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard** **Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **5701** **CARPETS** **AND OTHER TEXTILE FLOOR** **COVERINGS,** **KNOTTED, WHETHER** **OR NOT MADE UP** 5701 10 - _Of wool or fine animal hair:_ 5701 10 10 --- Hand-made m[2 ] [20% ] 5701 10 90 --- Other m[2 ] [20% ] 5701 90 - _Of other textile materials:_ --- _Of cotton:_ 5701 90 11 ---- Hand-made m[2 ] [20% ] 5701 90 19 ---- Other m[2 ] [20% ] 5701 90 20 --- Of coir including geo textile m[2 ] 20% --- _Of silk:_ 5701 90 31 ---- Hand-made m[2 ] [20% ] 5701 90 39 ---- Other m[2 ] [20% ] 5701 90 90 --- Other m[2 ] [20% ] **5702** **CARPETS** **AND** **OTHER** **TEXTILE** **FLOOR** **COVERINGS,WOVEN,** **NOT TUFTED** **OR FLOCKED,** **WHETHER** **OR** **NOT** **MADE** **UP,** **INCLUDING** **―KELEM‖,** **―SCHUMACKS‖,** **―KARAMANIE‖** **AND SIMILAR HAND-WOVEN RUGS** 5702 10 00 **-** ―Kelem‖, ―Schumacks‖, ―Karamanie‖ m[2 ] 20% and similar hand-woven rugs 5702 20 **-** _Floor coverings of coconut fibres (coir):_ 5702 20 10 **---** Coir matting, woven m[2 ] [20% ] 5702 20 20 **---** Coir carpets and other rugs m[2 ] [20% ] 5702 20 90 **---** Other m[2 ] [20% ] ----- **SECTION-XI** **CHAPTER-57** **(1)** **(2)** **(3)** **(4)** **(5)** **-** _Other, of pile construction,_ _not made up:_ 5702 31 **--** _Of wool or fine animal hair :_ 5702 31 10 **---** Carpets m[2] 20% 5702 31 20 **---** Druggets m[2] 20% 5702 31 30 **---** Mats and matting m[2 ] 20% 5702 31 40 **---** Carpeting, floor rugs and the like m[2 ] 20% 5702 31 90 **---** Other m[2 ] 20% 5702 32 **--** _Of_ _man-made_ _textile_ _material :_ 5702 32 10 **---** Carpets, carpeting and rugs and the like m[2] 20% or Rs.105 per sq. metre, whichever is higher 5702 32 20 **---** Mats and matting m[2] 20% or Rs.105 per sq. metre, whichever is higher 5702 32 90 **---** Other m[2] 20% or Rs.105 per sq. metre, whichever is higher 5702 39 **--** _Of other_ _textile_ _materials:_ 5702 39 10 **---** Carpets and other floor coverings m[2 ] 20% other than durries of cotton 5702 39 20 **---** Carpets and other floor coverings, of silk m[2 ] 20% 5702 39 90 **---** Other m[2 ] 20% **-** _Other,_ _of_ _pile construction, made up_ _:_ 5702 41 **--** _Of wool or fine animal hair :_ 5702 41 10 **---** Carpets m[2 ] 20% 5702 41 20 **---** Druggets m[2 ] 20% 5702 41 30 **---** Mats and matting m[2 ] 20% 5702 41 90 **---** Other m[2 ] 20% 5702 42 **--** _Of man made textile_ _materials :_ 5702 42 10 **---** Carpets, carpeting and rugs m[2] 20% or Rs. 80 per sq. metre, whichever is higher 5702 42 20 **---** Mats and mattings m[2] 20% or Rs. 80 per sq. metre, whichever is higher 5702 42 30 **---** Carpets, rugs and mats of Handloom m[2] 20%or Rs. 80 per sq. metre, whichever is higher 5702 42 90 **---** Other m[2] 20% or Rs. 80 per sq. metre, whichever is higher 5702 49 **--** _Of other_ _textile_ _materials_ _:_ ----- **SECTION-XI** **CHAPTER-57** **(1)** **(2)** **(3)** **(4)** **(5)** 5702 49 10 **---** Carpets and other floor coverings other m[2] 20% 5702 49 20 --- Carpets and other floor coverings, of silk m[2] 20% 5702 49 90 --- Other m[2] 20% 5702 50 _- Other, not of pile construction,_ m[2] _not made up:_ 20% _-_ Of man-made textile materials: Carpets, Carpeting and rugs m[2] Mats and matting m[2] Other m[2] 20% or Rs. 105 per sq. metre, whichever is higher 20% or Rs. 105 per sq. metre, whicheveris higher 20% or Rs. 105 per sq. metre, whichever is higher 5702 50 21 5702 50 22 5702 50 29 -- --- --- --- 5702 50 31 ---- Carpets and other floor coverings, m[2] 20% 20% 5702 50 32 --- of cotton other than durries Carpets and other floor m[2] 5702 50 33 ---- Place mat and other similar goods m[2] 20% 5702 50 39 ---- Other m[2 ] 20% **-** _Other, not of pile_ _construction,_ _made up:_ 5702 91 **--** _Of wool or fine animal hair :_ 5702 91 10 **---** Carpets m[2] 20% 5702 91 20 **---** Druggets m[2] 10% 5702 91 30 **---** Mats and matting m[2] 20% 5702 91 90 **---** Other m[2] 20% 5702 92 10 **---** Carpets, carpeting and rugs m[2] 20% or Rs.110 per sq. metre, whichever is higher 5702 92 20 **---** Mats and mattings m[2] 20% or Rs.110 per sq. metre, whichever is higher 5702 92 90 **---** Other m[2] 20% or Rs.110 per sq. metre, whichever is higher 5702 99 **--** _Of_ _other_ _textile_ _materials_ _:_ 5702 99 10 **---** Carpets and other floor coverings, of cotton m[2] 20% other than durries 5702 99 20 **---** Carpets and other floor coverings, m[2 ] [20% ] of silk ----- **SECTION-XI** **CHAPTER-57** **(1)** **(2)** **(3)** **(4)** **(5)** 5702 99 90 **---** Other m[2 ] 20% 5703 **CARPETS** **AND OTHER** **TEXTILE FLOOR** **COVERINGS,** **(INCLUDING TURF), TUFTED,** **WHETHER OR NOT MADE UP** 5703 10 **-** _Of wool or fine animal hair :_ 5703 10 10 **---** Carpets m[2 ] [20% ] 5703 10 20 **---** Mats and matting m[2 ] [20% ] 5703 10 90 **---** Other m[2 ] [20% ] **-** _Of_ _nylon_ _or other_ _polyamides_ _:_ 5703 21 00 **--** Turf m[2 ] 20% or Rs.70 per sq. metre, whichever is higher 5703 29 **--** _Other_ 5703 29 10 **---** Carpets, carpeting and rugs m[2 ] 20% or Rs.70 per sq. metre,whichever is higher 5703 29 20 **---** 100% polyamide tufted velour, cut pile m[2 ] 20% or Rs.70 per sq. or loop pile carpet mats with jute, metre, whichever rubber latex or PU foam backing is higher 5703 29 90 **---** Other m[2 ] 20% or Rs.70 per sq. metre, whichever is higher **-** _Of other_ _man-made_ _textile_ _materials:_ 5703 31 00 **--** Turf m[2] 20% or Rs.55 per sq. metre, whichever is higher 5703 39 **--** _Other:_ 5703 39 10 **---** Carpets, carpeting and rugs m[2] 20% or Rs.55 per sq. metre, whichever is higher 5703 39 20 **---** 100% polypropylene carpet mats m[2] 20% or Rs.55 per sq. with jute, rubber, latex or PU foam metre, whichever backing is higher 5703 39 90 **---** Other m[2] 20% or Rs.55 per sq. metre, whicheveris higher 5703 90 **-** _Of other textile_ _materials:_ 5703 90 10 **---** Carpets and other floor coverings, m[2 ] 20% of cotton, other than durries 5703 90 20 **---** Carpets and floor coverings of Coir m[2 ] 20% 5703 90 90 **---** Other m[2] 20% 5704 **CARPETS** **AND** **OTHER** **TEXTILE** **FLOOR** **COVERINGS,** **OF FELT,** **NOT TUFTED OR** **FLOCKED,** **WHETHER OR NOT MADE UP** 5704 10 00 **-** Tiles, having a maximum surface m[2 ] 20% area of 0.3 m[2] ----- **SECTION-XI** **CHAPTER-57** **(1)** **(2)** **(3)** **(4)** **(5)** 5704 20 **-** _Tiles, having a maximum surface area_ _exceeding 0.3 m[2 ]_ _but not exceeding 1m:[2]_ 5704 20 10 **---** Cotton m[2 ] [20% ] 5704 20 20 **---** Woollen, other than artware m[2 ] [10% ] 5704 20 90 **---** Other m[2 ] [20% ] 5704 90 **-** _Other :_ 5704 90 10 **---** Cotton m[2 ] [20% or Rs.35 per sq. ] metre, whichever is higher 5704 90 20 **---** woollen, other than artware m[2 ] [20% or Rs.35 per sq. ] metre, whichever is higher 5704 90 90 **---** Other m[2 ] [20% or Rs.35 per sq. ] metre, whichever is higher **5705** **OTHER** **CARPETS** **AND** **OTHER** **TEXTILE** **FLOOR** **COVERINGS,** **WHETHER** **OR NOT** **MADE** **UP** 5705 00 - Other carpets and other textile floor coverings, _whether_ _or not_ _made_ _up:_ **---** _Carpets_ _:_ 5705 00 11 **----** Of silk m[2 ] 20% 5705 00 19 **----** Other m[2 ] 20% --- _Durries :_ 5705 00 21 **---- Durries cotton** m 2 20% 5705 00 22 **----** Durries of man-made fibres m 2 20% 5705 00 23 **----** Durries of wool m 2 20% 5705 00 24 **----** Cotton Durries of handloom (including m 2 20% Chindi Durries, Cotton Chenille Durries, Rag Rug Durrie, Printed Durries, Druggets) 5705 00 29 **----** Other m 2 20% **---** _Of jute :_ 5705 00 31 **----** Of blended jute m 2 20% 5705 00 32 **----** Of coir jute m 2 20% 5705 00 39 **----** Other m 2 20% **---** _Carpets, carpeting, rugs, mats and_ _mattings:_ 5705 00 41 **----** knitted m 2 20% 5705 00 42 **----** Mats and mattings including Bath Mats, [20% ] m[2] where cotton predominates by weight, of Handloom, Cotton Rugs of Handloom 5705 00 49 **----** Other m [2 ] [20% ] 5705 00 90 **---** Other m [2 ] 20% ----- **SECTION-XI** **CHAPTER-58** **CHAPTER** **58** **_Special woven fabrics; tufted textile fabrics; lace; tapestries;_** **_trimmings; embroidery_** **NOTES** **:** 1. This Chapter does not apply to textile fabrics referred to in Note 1 to Chapter 59, impregnated, coated, covered or laminated, or to other goods of Chapter 59. 2. Heading 5801 also includes woven weft pile fabrics which have not yet had the floats cut, at which stage they have no pile standing up. 3. For the purposes of heading 5803, ―gauze‖ means a fabric with a warp composed wholly or in part of standing or ground threads and crossing or doup threads which cross the standing or ground threads making a half turn, a complete turn or more to form loops through which weft threads pass. 4. Heading 5804 does not apply to knotted net fabrics of twine, cordage or rope, of heading 5608. 5. For the purposes of heading 5806, the expression ―narrow woven fabrics‖ means: (a) woven fabrics of a width not exceeding 30 cm, whether woven as such or cut from wider pieces, provided with selvedges (woven, gummed or otherwise made) on both edges; (b) tubular woven fabrics of a flattened width not exceeding 30 cm; and (c) bias binding with folded edges, of a width when unfolded not exceeding 30 cm. Narrow woven fabrics with woven fringes are to be classified in heading 5808. 6. In heading 5810, the expression ―embroidery‖ means, inter alia, embroidery with metal or glass thread on a visible ground of textile fabric, and sewn appliqué work of sequins, beads or ornamental motifs of textile or other materials. The heading does not apply to needlework tapestry (heading 5805). 7. In addition to the products of heading 5809, this Chapter also includes articles made of metal thread and of a kind used in apparel, as furnishing fabrics or for similar purposes. **Supplementary note:** 1. (a) For the purpose of this chapter, ―Lucknow Chikan craft‖ refers to a type of embroidery defined and recognized by the Geographical Indication (GI) Registry against the GI no. 119 under the Geographical Indication of Goods (Registration and Protection) Act, 1999. (b) Produced/Manufactured by a person certified/recognized and mentioned as a user in the Geographical Indication Registry against the said GI no. 119. **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard** **Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **5801** **WOVEN PILE** **FABRICS** **AND** **CHENILLE** **FABRICS,** **OTHER THAN FABRICS OF HEADING 5802 OR 5806** 5801 10 00 **-** Of wool or fine animal hair m[2 ] 10% or Rs.210 per sq.metre, whichever is higher _Of cotton :_ ----- **SECTION-XI** **CHAPTER-58** **(1)** **(2)** **(3)** **(4)** **(5)** 5801 22 **--** _Cut corduroy_ _:_ 5801 22 10 **---** Solely of cotton m[2 ] 10% or Rs.70 per sq.metre, whichever is higher 5801 22 90 **---** Other m[2 ] 10% or Rs.70 per sq.metre, 5801 23 00 **--** Other weft pile fabrics m[2 ] 10% or Rs.80 per sq.metre, 5801 26 00 **--** Chenille fabrics m[2 ] 10% or Rs.180 per sq.metre, 5801 27 -- _Warp pile fabrics :_ 5801 27 10 --- _Warp pile fabrics,'epingle', (uncut)_ m2 10% or Rs. 135 per sq. metre whichever is higher 5801 27 20 --- _Warp pile fabrics, cut_ m2 10% or Rs.120 per sq.metre, whichever is higher 5801 27 90 --- Other m[2] 10% or Rs.135 per sq.metre, whichever is higher **-** _Of man-made fibres :_ 5801 31 00 **--** Uncut weft pile fabrics m2 20% or Rs.75 per sq.metre, whichever is higher 5801 32 00 **--** Cut corduroy m[2] 20% or Rs.180 per sq.metre, whichever is higher 5801 33 00 **--** Other weft pile fabrics m[2] 20% or Rs.150 per sq.metre, whichever is higher 5801 36 **--** _Chenille fabrics_ _:_ 5801 36 10 **---** Carduroys m2 20% or Rs.130 per sq.metre, whichever is higher 5801 36 90 **---** Other m[2] 20% or Rs.130 per sq.metre, whichever is higher 5801 37 -- _Warp pile fabrics :_ 5801 37 10 --- _Warp pile fabrics, uncut_ m[2] 20% or Rs. 140 per sq. metre whichever is higher 5801 37 20 --- _Warp pile fabrics, cut_ m[2] 20% or Rs. 68 per sq. metre whichever is higher 5801 37 90 --- Other 20% or Rs. 140 per sq. metre m[2] whichever is higher 5801 90 **--** _Of_ _other textile_ _materials :_ 5801 90 10 **---** Pile fabrics and chenille fabrics m[2 ] 10% or Rs. 35 per sq. metre of silk containing more than whichever is higher 50% by weight of silk, but not containing wool or hair 5801 90 90 **---** Pile fabrics and chenille fabrics m[2 ] 10% or Rs. 35 per sq. metre, whichever is higher not elsewhere specified or included ----- **SECTION-XI** **CHAPTER-58** **(1)** **(2)** **(3)** **(4)** **(5)** **5802** **TERRY** **TOWELLING** **AND** **SIMILAR** **WOVEN** **TERRY** **FABRICS,** **OTHER** **THAN** **ARROW** **FABRICS** **OF** **HEADING** **5806** **TUFTED** **TEXTILE FABRICS, OTHER THAN** **PRODUCTS** **OF HEADING 5703** 5802 10 **-** _Terry towelling and similarwoven_ _terry fabrics,of cotton:_ 5802 10 10 **---** Unbleached m[2 ] 10% 5802 10 20 **---** Bleached m[2] 10% or Rs. 60 per sq. metre, whichever is higher 5802 10 30 **---** Piece dyed m[2] 10% or Rs. 60 per sq. metre, whichever is higher 5802 10 40 **---** Yarn dyed m[2 ] 10% or Rs. 60 per sq. metre, whichever is higher 5802 10 50 **---** Printed m[2] 10% or Rs. 60 per sq. metre, whichever is higher 5802 10 60 **---** Of Handloom m[2 ] 10% or Rs. 60 per sq. metre, whichever is higher 5802 10 90 **---** Other m[2 ] 10% or Rs. 60 per sq. metre, whichever is higher 5802 20 00 **-** Terry towelling and similar m[2 ] 10% of other woven terry fabrics, textile materials 5802 30 00 **-** m[2] 10% or Rs. 150 per kg., Tufted textile fabrics whichever is higher **5803** **GAUZE,** **OTHER** **THAN** **N ARROWFABRICS** **OF HEADING** **5806** **---** _Of cotton :_ 5803 00 11 **----** Unbleached m[2 ] 10% 5803 00 12 **----** Bleached m[2 ] 10% 5803 00 13 **----** Piece dyed m[2 ] 10% 5803 00 14 **----** Yarn dyed m[2 ] 10% 5803 00 15 **----** Printed m[2 ] 10% 5803 00 19 **----** m[2 ] 10% **---** _Of other textile[Other ]_ _mat erials :_ 5803 00 91 **----** Of silk or silk waste m[2 ] 10% 5803 00 92 **----** Of synthetic fiber m[2 ] 10% 5803 00 93 **----** Of artificial fibre m[2 ] 10% 5803 00 99 **----** Other m[2] 10% ----- **SECTION-XI** **CHAPTER-58** **(1)** **(2)** **(3)** **(4)** **(5)** **5804** **TULLES** **AND** **OTHER** **NET** **FABRICS,** **NOT** **INCLUDING** **WOVEN,** **KNITTED** **OR** **CROCHETED** **FABRICS;** **LACE IN THE PIECE,** **IN** **STRIPS OR IN** **MOTIFS,** **OTHER** **THAN** **FABRICS OF HEADINGS** **6002** **TO 6006** 5804 10 **-** _Tulles and other net fabrics :_ 5804 10 10 5804 10 90 **---** **---** kg. kg. 10% or Rs. 200 per whichever is higher 10% or Rs. 200 per kg., kg., Of cotton Other whichever is higher **-** _Mechanically_ _made lace :_ 5804 21 00 **--** Of man-made fibres kg. 20% or Rs. 200 per kg., whichever is higher 5804 29 **--** _Of other textile materials :_ 5804 29 10 5804 29 90 5804 30 00 **---** **---** **-** kg. kg. kg. 10% or Rs. 200 per kg., whichever is higher 10% or Rs. 200 per kg., whichever is higher 10% or Rs. 200 per kg., whichever is higher Of cotton Other Hand-made lace **5805** **HAND-WOVEN TAPESTRIES** **OF THE** **TYPE** **GOBELINS,** **FLANDERS,** **AUBUSSON,** **BEAUVAIS AND THE LIKE,** **AND NEEDLE-WORKED TAPESTRIES** **(FOR EXAMPLE, PETIT** **POINT,** **CROSS** **STITCH),** **WHETHER** **OR** **NOT** **MADE UP** 5805 00 - _Hand-woven tapestries of the_ _type_ _gobelins,_ _flanders,_ _aubusson,_ _beauvais_ _and_ _the_ _like,_ _and_ _needle-worked_ _tapestries_ _(for example,_ _petit_ _point, cross stitch),_ _whether_ _or_ _not made up :_ 5805 00 10 **---** Tapestries hand made or needle kg. 10% worked by hand, of cotton kg. 10% 5805 00 20 **---** Tapestries of jute kg. 10% 5805 00 90 **---** Other kg. 10% ----- **SECTION-XI** **CHAPTER-58** **(1)** **(2)** **(3)** **(4)** **(5)** **NARROW WOVEN FABRICS OTHER THAN** **5806** **GOODS OF HEADING** **5807; NARROW** **FABRICS CONSISTING** **OF WARP** **WITHOUT** **WEFT** **ASSEMBLED** **BY** **MEANS OF AN ADHESIVE** **(BOLDUCS)** 5806 10 00 **-** Woven pile fabrics (including kg. 10% terry toweling and similar terry fabrics) andchenille fabrics 5806 20 00 **-** Other woven fabrics, containing kg. 10% by weight 5% or more of elastomeric yarnor rubber thread **-** _Other woven fabrics :_ 5806 31 **--** _Of cotton :_ 5806 31 10 **---** Typewriter ribbon cloth kg. 10% 5806 31 20 **---** Newar cotton kg. 10% 5806 31 90 **---** Other kg. 10% 5806 32 00 **--** Of man-made fibres kg. 20% 5806 39 **--** _Of other textile_ _materials_ _:_ 5806 39 10 **---** Goat hair puttis tape kg. 10% 5806 39 20 **---** Jute webbing kg. 10% 5806 39 30 **---** Other narrow fabrics of jute kg. 10% 5806 39 90 **---** Other kg. 10% 5806 40 00 **-** Fabrics consisting of warp without weft assembled by means of an adhesive (bolducs) kg. 10% **5807** **LABELS, BADGES AND SIMILAR** **ARTICLES OF TEXTILE MATERIALS,** **IN THE PIECE, IN STRIPS OR CUT TO** **SHAPE** **OR** **SIZE, NOT** **EMBROIDERED** 5807 10 **-** _Woven :_ 5807 10 10 **---** Of cotton kg. 10% 5807 10 20 **---** Of man-made fibre kg. 10% 5807 10 90 **---** Other kg. 10% 5807 90 **-** _Other :_ 5807 90 10 **---** Felt or non-woven kg. 10% 5807 90 90 **---** Other kg. 10% **5808** **BRAIDS IN THE PIECE; ORNAMENTAL** **TRIMMINGS IN THE PIECE, WITHOUT** **EMBROIDERY, OTHER THAN KNITTED** **OR** **CROCHETED;** **TASSELS,** **POMPONS** **AND SIMILAR ARTICLES** ----- **SECTION-XI** **CHAPTER-58** **(1)** **(2)** **(3)** **(4)** **(5)** 5808 10 **-** _Braids, in the piece :_ 5808 10 10 **---** Of cotton kg. 10% 5808 10 90 **---** Other kg. 10% 5808 90 **-** _Other :_ 5808 90 10 **---** Tapes, ornamental or cotton kg. 10% 5808 90 20 **---** Hair band of narrow fabrics kg. 10% 5808 90 30 **---** Other braids kg. 10% 5808 90 40 5808 90 50 5808 90 60 5808 90 90 **---** **---** **---** **---** kg. kg. kg. kg. kg. 10% 10% 10% 10% 10% Ribbons of rayon with ornamental trimmings Saree falls, borders (other than zari), frings of cotton Saree falls, borders (other than zari), frings of man-made fibre Other **5809** **WOVEN** **FABRICS** **OF** **METAL** **THREAD** **AND** **WOVEN** **FABRICS** **OF** **METALLISED** **YARN** **OF** **HEADING** **5605,** **OF** **A** **KIND** **USED** **IN** **APPAREL, AS FURNISHING FABRICS OR FOR** **SIMILAR PURPOSES,** **NOT ELSEWHERE** **SPECIFIED OR INCLUDED** 5809 00 - _Woven fabrics of metal thread and_ _woven fabrics of metallised yarn of_ _heading 5605, of a kind used in_ _apparel, as furnishing fabrics or_ _for_ _similar_ _purposes,_ _not_ _elsewhere specified_ _or included_ _:_ 5809 00 10 **---** Zari border kg. 10% 5809 00 90 **---** Other kg. 10% **5810** **EMBROIDERY** **IN** **THE** **PIECE,** **IN** **STRIPS** **OR IN MOTIFS** 5810 10 00 **-** Embroidery without visible kg. 10% or Rs. 200 per kg., ground whic hever is higher **-** _Other embroidery :_ 5810 91 **--** _Of cotton:_ 5810 91 10 **---** Embroidered with Lucknow kg. 10% Chikan Craft 5810 91 90 **---** Other kg. 10% 5810 92 **--** _Of man-made_ _fibres_ _:_ 5810 92 10 **---** Embroidered badges, motifs kg. 10% and the like 5810 92 20 **---** Embroidered with Lucknow Chikan Craft 5810 92 90 **---** Other kg. 10% ----- **SECTION-XI** **CHAPTER-58** **(1)** **(2)** **(3)** **(4)** **(5)** 5810 99 5810 99 10 5810 99 90 **--** **---** **---** kg. kg. _Of other textile materials:_ Embroidered with Lucknow Chikan Craft Other 10% 10% **5811** **QUILTED TEXTILE PRODUCTS** **IN** **THE** **PIECE,** **COMPOSED** **OF** **ONE** **OR MORE LAYERS OF TEXTILE** **MATERIALS ASSEMBLED WITH** **PADDING** **BY STITCHING** **OR** **OTHERWISE,** **OTHER THAN** **EMBROIDERY OF HEADING** **5810** 5811 00 **-** _Quilted textile products in_ _the piece, composed of one_ _or more layers of textile_ _materials assembled with_ _padding by stitching or_ _otherwise, other than_ _embroidery of heading 5810:_ 5811 00 10 **---** Kantha (multilayer stitched m[2] 10% textile fabrics in piece used for bedding, mattress pads or clothing) 5811 00 20 **---** Quilted wadding m[2 ] 10% 5811 00 90 **---** Other m[2 ] 10% ----- **SECTION-XI** **CHAPTER-59** **CHAPTER** **59** **Impregnated, coated, covered or laminated textile fabrics; textile articles of a kind suitable for** **industrial use** **NOTES** **:** 1. Except where the context otherwise requires, for the purposes of this Chapter, the expression ―textile fabrics‖ applies only to the woven fabrics of Chapters 50 to 55 and headings 5803 and 5806, the braids and ornamental trimmings in the piece of heading 5808 and the knitted or crocheted fabrics of headings 6002 to 6006. 2. Heading 5903 applies to: (a) textile fabrics, impregnated, coated, covered or laminated with plastics, whatever the weight per square metre and whatever the nature of the plastic material (compact or cellular), other than: (1) fabrics in which the impregnation, coating or covering cannot be seen with the naked eye (usually Chapters 50 to 55, 58 or 60); for the purpose of this provision, no account should be taken of any resulting change of colour; (2) products which cannot, without fracturing, be bent manually around a cylinder of a diameter of 7 mm, at a temperature between 15[o]C and 30[o]C (usually Chapter 39); (3) products in which the textile fabric is either completely embedded in plastics or entirely coated or covered on both sides with such material, provided that such coating or covering can be seen with the naked eye with no account being taken of any resulting change of colour (Chapter 39); (4) fabrics partially coated or partially covered with plastics and bearing designs resulting from these treatments (usually Chapters 50 to 55, 58 or 60); (5) plates, sheets or strip of cellular plastics, combined with textile fabric, where the textile fabric is present merely for reinforcing purposes (Chapter 39); or (6) textile products of heading 5811; (b) fabrics made from yarn, strip or the like, impregnated, coated, covered or sheathed with plastics, of heading 5604. 3. For the purposes of heading 5903, ―textile fabrics laminated with plastics‖ means products made by the assembly of one or more layers of fabrics with one or more sheets or film of plastics which are combined by any process that bonds the layers together, whether or not the sheets or film of plastics are visible to the naked eye in the cross-section. 4. For the purposes of heading 5905, the expression ―textile wall coverings‖ applies to products in rolls, of a width of not less than 45 cm, suitable for wall or ceiling decoration, consisting of a textile surface which has been fixed on a backing or has been treated on the back (impregnated or coated to permit pasting). This heading does not, however, apply to wall coverings consisting of textile flock or dust fixed directly on a backing of paper (heading 4814) or on a textile backing (generally heading 5907). 5. For the purposes of heading 5906, the expression ―rubberised textile fabrics‖ means: (a) textile fabrics impregnated, coated, covered or laminated with rubber: (i) weighing not more than 1,500 g/m[2]; or (ii) weighing more than 1,500 g/m[2 ] and containing more than 50% by weight of textile i l ----- **SECTION-XI** **CHAPTER-59** (b) fabrics made from yarn, strip or the like, impregnated, coated, covered or sheathed with rubber, of heading 5604; and (c) fabrics composed of parallel textile yarns agglomerated with rubber, irrespective of their weight per square metre. This heading does not, however, apply to plates, sheets or strip of cellular rubber combined with textile fabric, where the textile fabric is present merely for reinforcing purposes (Chapter 40), or textile products of heading 5811. 6. Heading 5907 does not apply to: (a) fabrics in which impregnation, coating or covering cannot be seen with the naked eye (usually Chapters 50 to 55, 58 or 60); for the purpose of this provision, no account should be taken of any resulting change of colour; (b) fabrics painted with designs (other than painted canvas being theatrical scenery, studio back cloths or the like); (c) fabrics partially covered with flock, dust, powdered cork or the like and bearing designs resulting from these treatments; however, imitation pile fabrics remain classified in this heading; (d) fabrics finished with normal dressings having a basis of amylaceous or similar substances; (e) wood veneered on a backing of textile fabrics (heading 4408); (f) natural or artificial abrasive powder or grain, on a backing of textile fabrics (heading 6805); (g) agglomerated or reconstituted mica, on a backing of textile fabrics (heading 6814); or (h) metal foil on a backing of textile fabrics (generally Section XIV or XV). 7. Heading 5910 does not apply to: (a) transmission or conveyor belting, of textile material, of a thickness of less than 3 mm; or (b) transmission or conveyor belts or belting of textile fabric impregnated, coated, covered or laminated with rubber or made from textile yarn or cord impregnated, coated, covered or sheathed with rubber (heading 4010). 8. Heading 5911 applies to the following goods, which do not fall in any other heading of Section XI: (a) textile products in the piece, cut to length or simply cut to rectangular (including square) shape (other than those having the character of the products of headings 5908 to 5910), the following only: (i) textile fabrics, felt and felt-lined woven fabrics, coated, covered or laminated with rubber, leather or other material, of a kind used for card clothing, and similar fabrics of a kind used for other technical purposes, including narrow fabrics made of velvet impregnated with rubber, for covering weaving spindles (weaving beams); (ii) bolting cloth; (iii) filtering or straining cloth of a kind used in oil presses or the like, of textile material or of human hair; (iv) flat woven textile fabrics with multiple warp or weft, whether or not felted, impregnated or coated, of a kind used in machinery or for other technical purposes; ----- **SECTION-XI** **CHAPTER-59** (v) textile fabrics reinforced with metal, of a kind used for technical purposes; (vi) cords, braids and the like, whether or not coated, impregnated or reinforced with metal, of a kind used in industry as packing or lubricating materials; (b) textile articles (other than those of headings 5908 to 5910) of a kind used for technical purposes [for example, textile fabrics and felts, endless or fitted with linking devices, of a kind used in paper making or similar machines (for example, for pulp or asbestos-cement), gaskets, washers, polishing discs and other machinery parts]. **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard** **Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **5901** **TEXTILE** **FABRICS COATED WITH GUM** **OR** **AMYLACEOUS SUBSTANCES, OF A KIND USED FORTHE** **OUTER COVERS OF BOOKS OR THE LIKE; TRACING** **CLOTH;** **PREPARED** **PAINTING** **CANVAS;** **BUCKRAM** **AND** **SIMILAR** **STIFFENED** **TEXTILE FABRICS** **OF** **A** **KIND USED FOR HAT FOUNDATIONS** 5901 10 **-** _Textile fabrics coated with gum or amylaceous_ _substances, of a kind used for the outer covers_ _of books or the like :_ 10% 5901 10 10 **---** Of cotton m[2 ] 10% 5901 10 20 **---** Prepared painting canvas m[2 ] 10% 5901 10 90 **---** Other m[2 ] 5901 90 **-** _Other :_ 10% 5901 90 10 **---** Tracing cloth of cotton m[2 ] 10% 5901 90 20 **---** Varnished cambric fabrics (Empire fabrics) m[2 ] tapes 10% 5901 90 90 **---** Other m[2 ] **5902** **TYRE CORD** **FABRIC OF HIGH TENACITY** **YARN OF** **NYLON** **OR** **OTHER** **POLYAMIDES,** **POLYESTERS** **OR** **VISCOSE RAYON** 5902 10 **-** _Of nylon or other polyamides :_ 5902 10 10 **---** Impregnated with rubber m[2 ] 20% 5902 10 90 **---** Other m[2 ] 20% 5902 20 **-** _Of polyesters :_ 5902 20 10 **---** Impregnated with rubber m[2 ] 20% 5902 20 90 **---** Other m[2 ] 20% 5902 90 **-** _Other :_ 5902 90 10 **---** Impregnated with rubber m[2 ] 20% 5902 90 90 **---** Other m[2 ] 20% ----- **SECTION-XI** **CHAPTER-59** **(1)** **(2)** **(3)** **(4)** **(5)** **5903** **TEXTILE** **FABRICS, IMPREGNATED, COATED, COVERED** **OR LAMINATED WITH** **PLASTICS, OTHER THAN THOSE OF** **HEADING 5902** 5903 10 **-** _With polyvinyl chloride_ : 5903 10 10 **_---_** _Imitation leather fabrics of cotton_ _m[2 ]_ 20% _-_ 5903 10 90 **---** Other m[2 ] 20% 5903 20 **-** _With polyurethane :_ 5903 20 10 **---** Imitation leather fabrics, of cotton m[2 ] 20% 5903 20 90 **---** Other m[2 ] 20% 5903 90 **-** _Other:_ 5903 90 10 **---** Of cotton m[2 ] 20% 5903 90 20 **---** Polyethylene laminated jute fabrics m[2 ] 20% 5903 90 90 **---** Other m[2 ] 20% **5904** **LINOLEUM,** **WHETHER** **OR** **NOT** **CUT** **TO** **SHAPE;** **FLOOR** **COVERINGS** **CONSISTING** **OF** **A COATING** **OR COVERING APPLIED ON A TEXTILE BACKING,** **WHETHER OR NOT CUT TO SHAPE** 5904 10 00 **-** Linoleum 5904 90 **-** _Other :_ 5904 90 10 **---** Floor coverings with jute base 5904 90 90 **---** Other **5905** **TEXTILE** **WALL** **COVERINGS** 5905 00 - _Textile wall coverings :_ m[2 ] m[2 ] m[2 ] 10% 10% 10% 5905 00 10 **---** Fixed on the backing of any material kg. 10% 5905 00 90 **---** Other kg. 10% **5906** **RUBBERISED** **TEXTILE** **FABRICS,** **OTHER** **THAN** **THOSE OF HEADING** **5902** 5906 10 00 **-** Adhesive tape of a width not exceeding kg. 10% 20 cm **-** _Other :_ 5906 91 **--** _Knitted or crocheted :_ 5906 91 10 **---** Of cotton kg. 10% 5906 91 90 **---** Of other textile materials kg. 10% 5906 99 **--** _Other :_ 5906 99 10 **---** Insulating tape, electrical of cotton kg. 10% 5906 99 20 **---** Rubberised cotton fabrics, other than kg. 10% knitted or crocheted 5906 99 90 **---** Other kg. 10% ----- **SECTION-XI** **CHAPTER-59** **(1)** **(2)** **(3)** **(4)** **(5)** **5907** **TEXTILE FABRICS OTHERWISE** **IMPREGNATED,** **COATED OR COVERED;** **PAINTED CANVAS** **BEING** **THEATRICAL** **SCENERY,** **STUDIO** **BACK-CLOTHS** **OR** **THE LIKE** 5907 00 - _Textile_ _fabrics_ _otherwise_ _impregnated,_ _coated_ _or covered; painted_ _canvas being_ _theatrical scenery,_ _studio back-cloths or_ _the_ _like :_ **---** _Fabrics covered partially_ _or fully with_ _textile flocks, or with preparation containing_ _textile flocks :_ 5907 00 11 **----** On the base fabrics of cotton m[2] 10% 5907 00 12 **----** On the base fabrics of man-made textile m[2] 10% material 5907 00 19 **----** On base fabrics of other textile materials m[2] 10% **---** _Other :_ 5907 00 91 **----** Cotton fabrics coated or impregnated with m[2] 10% oil or preparations with basis of drying oil 5907 00 92 **----** Other textile fabrics coated or impregnated m[2] 10% with oil or oil preparations 5907 00 93 **----** Jute fabrics otherwise impregnated or coated m[2] 10% 5907 00 99 **----** Other m[2] 10% **5908** **TEXTILE** **WICKS,** **WOVEN,** **PLAITED** **OR** **KNITTED,** **FOR LAMPS,** **STOVES,** **LIGHTERS,** **CANDLES OR** **THE** **LIKE;** **INCANDESCENT GAS MANTLES AND** **TUBULAR** **KNITTED GAS MANTLE** **FABRIC** **THEREFOR,** **WHETHER OR** **NOT IMPREGNATED** 5908 00 - _Textile wicks, woven, plaited or knitted, for_ _lamps, stoves, lighters, candles or the like;_ _incandescent_ _gas mantles and tubular knitted_ _gas mantle fabric therefor, whether or not_ _impregnated :_ 5908 00 10 **---** Wicks and gas mantle fabrics, of cotton kg. 10% 5908 00 20 **---** Gas mantles of rayon kg. 10% 5908 00 90 **---** Other kg. 10% **5909** **TEXTILE** **HOSE** **PIPING** **AND** **SIMILAR** **TEXTILE** **TUBING,** **WITH OR WITHOUT** **LINING,** **ARMOUR OR** **ACCESSORIES OF OTHER MATERIALS** 5909 00 - _Textile hose piping_ _and similar_ _textile_ _tubing,_ _with or without lining, armour_ _or_ _accessories_ _of other materials :_ 5909 00 10 **---** Of cotton kg. 10% ----- **SECTION-XI** **CHAPTER-59** **(1)** **(2)** **(3)** **(4)** **(5)** 5909 00 20 **---** Of man-made fibre kg. 10% 5909 00 90 **---** Of other textile materials kg. 10% **5910** **TRANSMISSION** **OR CONVEYOR BELTS OR BELTING, OF** **TEXTILE MATERIAL, WHETHER** **OR NOT IMPREGNATED,** **COATED, COVERED OR LAMINATEDWITH PLASTICS, OR** **REINFORCED** **WITH** **METAL** **OR OTHER** **MATERIAL** 5910 00 5910 00 10 5910 00 - _Transmission or conveyor belts or belting, of_ _textile material, whether or not impregnated,_ _coated, covered or laminated with plastics, or_ _reinforced with metal or other material :_ 5910 00 10 **---** Cotton canvas ply belting kg. 20% 5910 00 20 **---** Rubberised cotton belting kg. 20% 5910 00 30 **---** Other transmission, conveyer or elevator kg. 20% belts or belting of cotton 5910 00 40 **---** Hair belting kg. 20% 5910 00 50 **---** Flax canvas ply belting kg. 20% 5910 00 60 **---** Fibre belt conveyor kg. 20% 5910 00 90 **---** Other kg. 20% **5911** **TEXTILE** **PRODUCTS** **AND** **ARTICLES,** **FOR** **TECHNICAL** **USES,** **SPECIFIED** **IN** **NOTE** **8** **TO** **THIS** **CHAPTER** 5911 10 00 **-** Textile fabrics, felt and felt-lined woven kg. 10% fabrics, coated, covered or laminated with rubber, leather or other material, of a kind used for card clothing, and similar fabrics of a kind used for other technical purposes, including narrow fabrics made of velvet impregnated with rubber, for covering weaving spindles (weaving beams) 5911 20 00 **-** Bolting cloth, whether or not made up m 10% **-** _Textile fabrics and felts, endless or_ _fitted_ _with linking devices, of a kind used in paper-_ _making or similar machines (for example,_ _for pulp or asbestos-cement) :_ 5911 31 **--** _Weighing less than 650 g/m[2 ]_ _:_ 5911 31 10 **---** Felt for cotton textile industries, woven kg. 10% 5910 00 40 5911 31 20 5911 31 30 5911 31 40 **---** **---** **---** kg. kg. kg. 10% 10% 10% Woven textiles felt, whether or not impregnated or coated, of a kind commonly used in other machines Cotton fabrics and articles used in machinery and plant Jute fabrics and articles used in machinery or plant ----- **SECTION-XI** **CHAPTER-59** **(1)** **(2)** **(3)** **(4)** **(5)** 5911 31 50 **---** Textile fabrics of metalised yarn of a kind kg. 10% commonly used in paper making or other machinery 5911 31 90 **---** Other kg. 10% 5911 32 **--** _Weighing_ _650_ _g/m[2 ]_ _or_ _more:_ 5911 32 10 **---** Felt for cotton textile industries, woven kg. 10% 5911 32 20 **---** Woven textiles felt, whether or not kg. 10% impregnated or coated, of a kind commonly used in other machines 5911 32 30 **---** Cotton fabrics and articles used in kg. 10% machinery and plant 5911 32 40 **---** Jute fabrics and articles used in machinery kg. 10% or plant 5911 32 50 **---** Textile fabrics of metalised yarn of a kind kg. 10% commonly used in paper making or other machinery 5911 32 90 **---** Other kg. 10% 5911 40 00 **-** Filtering or Straining cloth of a kind used in kg. 10% oil presses or the like, including that of human hair 5911 90 **-** _Other :_ 5911 90 10 **---** Paper maker‗s felt, woven kg. 10% 5911 90 20 **---** Gaskets, washers, polishing discs and other kg. 10% machinery parts of textile articles **---** _Knitted or wovenGeo-technical textile:_ 5911 90 31 **----** Geogrid conforming to IS 17373 kg. 10% 5911 90 32 **----** Geotextile conforming to IS 16391, IS 16392 kg. 10% 5911 90 39 **----** Other kg. 10% 5911 90 40 **---** Mulch mats, conforming to IS 16202 kg. 10% 5911 90 90 **---** Other kg. 10% ----- **SECTION-XI** **CHAPTER-60** **CHAPTER** **60** **_Knitted or crocheted fabrics_** **NOTES** **:** 1. This Chapter does not cover : (a) crochet lace of heading 5804 ; (b) labels, badges or similar articles, knitted or crocheted, of heading 5807 ; or (c) knitted or crocheted fabrics, impregnated, coated, covered or laminated, of Chapter 59. However, knitted or crocheted pile fabrics, impregnated, coated, covered or laminated, remain classified in heading 6001. 2. This Chapter also includes fabrics made of metal thread and of a kind used in apparel, as furnishing fabrics or for similar purposes. 3. Throughout this Schedule, any reference to ―knitted‖ goods includes a reference to stitch-bonded goods in which the chain stitches are formed of textile yarn. **Sub-heading Note:** Sub-heading 6005 35 covers fabrics of polyethylene monofilament or of polyester multifilament, weighing not less than 30 g/m[2 ] and not more than 55 g/m[2], having a mesh size of not less than 20 holes/ cm[2 ] and not more than 100 holes/cm[2], and impregnated or coated with alpha-cypermethrin (ISO), chlorfenapyr (ISO), deltamethrin (INN, ISO), lambdacyhalothrin (ISO), permethrin (ISO) or pirimiphosmethyl (ISO). **Supplementary Note:** Tariff items 6001 91 00, 6001 92 00 and sub-heading 6001 99 includes cut-pile fabrics produced through shearing of loops during or after the production of fabric. **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard** **Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **6001** **PILE** **FABRICS,** **INCLUDING** **―LONG** **PILE‖** **FABRICS** **AND TERRY FABRICS,** **KNITTED** **OR CROCHETED** 6001 10 **-** _“Long pile” fabrics :_ 6001 10 10 --- Of cotton kg. 10% 6001 10 20 **---** Of man-made fibres kg. 10% 6001 10 90 **---** Of other textile materials kg. 10% **-** _Looped pile fabrics :_ 6001 21 00 **--** Of cotton kg. 10% 6001 22 00 **--** Of man-made fibres kg. 20% ----- **SECTION-XI** **CHAPTER-60** **(1)** **(2)** **(3)** **(4)** **(5)** 6001 29 00 **--** Of other textile materials kg. 10% **-** _Other :_ 6001 91 00 **--** Of cotton kg. 10% 6001 92 00 **--** Of man-made fibres kg. 20% 6001 99 **--** _Of other_ _textile_ _materials_ _:_ 6001 99 10 **---** Of wool or fine animal hair kg. 10% 6001 99 90 **---** Other kg. 10% **6002** **KNITTED** **OR** **CROCHETED** **FABRICS** **OF** **A** **WIDTH** **NOT EXCEEDING** **30** **CM,** **CONTAINING BY WEIGHT** **5%** **OR MORE OF ELASTOMERIC YARN OR** **RUBBER** **THREAD,** **OTHER** **THAN** **THOSE** **OF** **HEADING** **6001** 6002 40 00 **-** Containing by weight 5% or more of kg. 10% elastomeric yarn but not containing rubber thread 6002 90 00 **-** Other kg. 10% **6003** **KNITTED** **OR** **CROCHETED** **FABRICS** **OF** **A** **WIDTH** **NOT EXCEEDING** **30** **CM,** **OTHER THAN THOSE OF** **HEADING** **6001** **OR** **6002** 6003 10 00 **-** Of wool or fine animal hair kg. 10% 6003 20 00 **-** Of cotton kg. 10% 6003 30 00 **-** Of synthetic fibres kg. 20% 6003 40 00 **-** Of artificial fibres kg. 20% 6003 90 00 **-** Other kg. 10% **6004** **KNITTED** **OR** **CROCHETED** **FABRICS** **OF** **A** **WIDTH** **EXCEEDING** **30** **CM,** **CONTAINING BY WEIGHT** **5%** **OR** **MORE** **OF** **ELASTOMERIC** **YARN** **OR** **RUBBER** **THREAD,** **OTHER THAN THOSE OF HEADING** **6001** 6004 10 00 **-** Containing by weight 5% or more of kg. 20% elastomeric yarn but not containing rubber thread 6004 90 00 **-** Other kg. 20% **6005** **WARP** **KNIT** **FABRICS** **(INCLUDING** **THOSE** **MADE** **ON** **GALLOON KNITTING MACHINES),** **OTHER** **THAN** **THOSE OF HEADINGS** **6001** **TO** **6004** **-** _Of cotton :_ 6005 21 00 **--** Unbleached or bleached kg. 25% ----- **SECTION-XI** **CHAPTER-60** **(1)** **(2)** **(3)** **(4)** **(5)** 6005 22 00 **--** Dyed kg. 25% 6005 23 00 **--** Of yarns of different colours kg. 25% 6005 24 00 **--** Printed kg. 25% **-** _Of synthetic_ _fibres_ _:_ 6005 35 00 -- Fabrics specified in Sub-heading Note 1 to kg. 20% this Chapter 6005 36 00 -- Other, unbleached or bleached kg. 20% 6005 37 -- _Other, dyed:_ 6005 37 10 --- Shade Nets, conforming to IS 16008 kg. 20% 6005 37 90 --- Other kg. 20% 6005 38 00 -- Other, of yarns of different colours kg. 20% 6005 39 00 -- Other, printed kg. 20% **-** _Of artificial fibres:_ 6005 41 00 **--** Unbleached or bleached kg. 20% 6005 42 00 **--** Dyed kg. 20% 6005 43 00 **--** Of yarns of different colours kg. 20% 6005 44 00 **--** Printed kg. 20% 6005 90 00 **-** Other kg. 10% **6006** **OTHER** **KNITTED** **OR** **CROCHETED** **FABRICS** 6006 10 00 **-** Of wool or fine animal hair kg. 10% **-** _Of Cotton_ _:_ 6006 21 00 **--** Unbleached or bleached kg. 10% 6006 22 00 **--** Dyed kg. 10% 6006 23 00 **--** Of yarns of different colours kg. 10% 6006 24 00 **--** Printed kg. 10% **-** _Of synthetic_ _fibres_ _:_ 6006 31 00 **--** Unbleached or bleached kg. 20% 6006 32 00 **--** Dyed kg. 20% 6006 33 00 **--** Of yarns of different colours kg. 20% 6006 34 00 **--** Printed kg. 20% **-** _Of artificial_ _fibres_ _:_ 6006 41 00 **--** Unbleached or bleached kg. 20% 6006 42 00 **--** Dyed kg. 20% 6006 43 00 **--** Of yarns of different colours kg. 20% 6006 44 00 **--** Printed kg. 20% 6006 90 00 **-** Other kg. 10% ----- **SECTION-XI** **CHAPTER-61** **CHAPTER** **61** **_Articles of apparel and clothing accessories, knitted or crocheted_** **NOTES** **:** 1. This Chapter applies only to made up knitted or crocheted articles. 2. This Chapter does not cover: (a) goods of heading 6212; (b) worn clothing or other worn articles of heading 6309; or (c) orthopaedic appliances, surgical belts, trusses or the like (heading 9021). 3. For the purposes of headings 6103 and 6104: (a) the term ―suit‖ means a set of garments composed of two or three pieces made up, in respect of their outer surface, in identical fabric and comprising: (i) one suit coat or jacket the outer shell of which, exclusive of sleeves, consists of four or more panels, designed to cover the upper part of the body, possibly with a tailored waistcoat in addition whose front is made from the same fabric as the outer surface of the other components of the set and whose back is made from the same fabric as the lining of the suit coat or jacket; and (ii) one garment designed to cover the lower part of the body and consisting of trousers, breeches or shorts (other than swimwear), a skirt or a divided skirt, having neither braces or bibs. All of the components of a ―suit‖ must be of the same fabric construction, colour and composition; they must also be of the same style and of corresponding or compatible size. However, these components may have piping (a strip of fabric sewn into the seam) in a different fabric. If several separate components to cover the lower part of the body are presented together (for example, two pairs of trousers or trousers and shorts, or a skirt or divided skirt and trousers), the constituent lower part shall be one pair of trousers or, in the case of women‗s or girls‗ suits, the skirt or divided skirt, the other garments being considered separately. The term ―suit‖ includes the followingsets of garments, whether or not theyfulfil all the above conditions: (A)morning dress, comprising a plain jacket (cutaway) with rounded tailshangingwell down at the back and striped trousers; (B) evening dress (tailcoat), generally made of black fabric, the jacket of which is relatively short at the front, does not close and has narrow skirts cut in at the hips and hanging down behind; (C) dinner jacket suits, in which the jacket is similar in style to an ordinary jacket (though perhaps revealing more of the shirt front), but has shiny silk or imitation silk lapels. (b) the term ―ensemble‖ means a set of garments (other than suits and articles of heading 6107, 6108 or 6109), composed of several pieces made up in identical fabric, put up for retails sale, and comprising: (i) one garment designed to cover the upper part of the body, with the exception of pullovers which may form a second upper garment in the sole context of twin sets, and of waistcoats which may also form a second upper garment, and ----- **SECTION-XI** **CHAPTER-61** (ii) one or two different garments, designed to cover the lower part of the body and consisting of trousers, bib and brace overalls, breeches, shorts (other than swimwear), a skirt or a divided skirt. All of the components of an ensemble must be of the same fabric construction, style, colour and composition; they also must be of corresponding or compatible size. The term ―ensemble‖ does not apply to tract suits or ski suits, of heading 6112. 4. Headings 6105 and 6106 do not cover garments with pockets below the waist, with a ribbed waistband or other means of tightening at the bottom of the garment, or garments having an average of less than 10 stitches per linear centimetre in each direction counted on an area measuring at least 10 cm × 10 cm. Heading 6105 does not cover sleeveless garments. ―Shirts‖ and ―shirt-blouses‖ are garments designed to cover the upper part of the body, having long or short sleeves and a full or partial opening starting at the neckline. ―Blouses‖ are loose-fitting garments also designed to cover the upper part of the body but may be sleeveless and with or without an opening at the neckline. ―Shirts‖, ―shirt-blouses‖ and ―blouses‖ may also have a collar. 5. Heading 6109 does not cover garments with a drawstring, ribbed waistband or other means of tightening at the bottom of the garment. 6. For the purpose of heading 6111: (a) the expression ―babies‗ garments and clothing accessories‖ means articles for young children of a body height not exceeding 86 cm; (b) articles which are, prima facie, classifiable both in heading 6111 and in other headings of this Chapter are to be classified in heading 6111. 7. For the purposes of heading 6112 ―ski suits‖ means garments or sets of garments which, by their general appearance and texture, are identifiable as intended to be worn prinicipally for skiing (cross-country or alpine). They consist either of: (a) a ―ski overall‖, that is, a one-piece garment designed to cover the upper and the lower parts of the body; in addition to sleeves and a collar, the ski overall may have pockets or footstraps; or (b) a ―ski ensemble‖, that is, a set of garments composed of two or three pieces, put up for retail sale and comprising: (i) one garment such as an anorak, wind-cheater, wind-jacket or similar article, closed by a slide fastener (zipper), possibly with a waistcoat in addition, and (ii) one pair of trousers whether or not extending above waist level, one pair of breeches or one bib and brace overall. The ―ski ensemble‖ may also consist of an overall similar to the one mentioned in paragraph (a) above and a type of padded, sleeveless jacket worn over the overall. All the components of a ―ski ensemble‖ must be made up in a fabric of the same texture, style and composition whether or not of the same colour; they also must be of corresponding or compatible size. 8. Garments which are, prima facie, classifiable both in heading 6113 and in other headings of this Chapter, excluding heading 6111, are to be classified in heading 6113. 9. Garments of this Chapter designed for left over right closure at the front shall be regarded as men‗s or boys‗ garments, and those designed for right over left closure at the front as women‗s or girls‗ garments. These provisions do not apply where the cut of the garment clearly indicates that it is designed for one or ----- **SECTION-XI** **CHAPTER-61** are to be classified in the headings covering women‗s or girls‗ garments. 10. Articles of this Chapter may be made of metal thread. **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard** **Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **6101** **MEN’S OR BOYS’ OVERCOATS,** **CARCOATS,** **CAPES,** **CLOAKS,** **ANORAKS** **(INCLUDING** **SKI-** **JACKETS), WIND-CHEATERS, WIND-** **JACKETS AND SIMILAR ARTICLES,** **KNITTED OR CROCHETED, OTHER** **THAN** **THOSE** **OF** **HEADING** **6103** 6101 20 00 **-** Of cotton u 20% 6101 30 **-** _Of man-made fibres :_ 6101 30 10 **---** Of synthetic fibres u 20% 6101 30 20 **---** Of artificial fibres u 20% 6101 90 **-** _Other :_ 6101 90 10 **---** Of silk u 20% 6101 90 90 **---** Other u 20% **6102** **WOMEN’S** **OR** **GIRLS’** **OVERCOATS,** **CAR-COATS,** **CAPES,** **CLOAKS,** **ANORAKS** **(INCLUDING** **SKI-** **JACKETS),** **WIND-CHEATERS,** **WIND-** **JACKETS** **AND** **SIMILAR ARTICLES,** **KNITTED OR CROCHETED,** **OTHER** **THAN THOSE OF HEADING 6104** 6102 10 00 **-** Of wool or fine animal hair u 20% 6102 20 00 **-** Of cotton u 20% 6102 30 **-** Of man-made fibres : 6102 30 10 **---** Of synthetic fibres u 20% 6102 30 20 **---** Of artificial fibres u 20% 6102 90 **-** _Other :_ ----- **SECTION-XI** **CHAPTER-61** **(1)** **(2)** **(3)** **(4)** **(5)** 6102 90 10 **---** Of silk u 20% 6102 90 90 **---** Other u 20% **6103** **MEN'S** **OR** **BOYS'** **SUITS, ENSEMBLES,** **JACKETS,** **BLAZERS,** **TROUSERS,** **BIBAND** **BRACE** **OVERALLS,** **BREECHES** **AND** **SHORTS** **(OTHER** **THAN** **SWIM** **WEAR), KNITTED OR CROCHETED** 6103 10 **-** _Suits :_ 6103 10 10 **---** Of silk u 20% 6103 10 20 **---** Of cotton u 20% 6103 10 30 **---** Of artificial fibres u 20% 6103 10 90 **---** Other u 20% **-** Ensembles: 6103 22 00 **--** Of cotton u 20% 6103 23 00 **--** Of synthetic fibres u 20% 6103 29 **--** _Of other textile materials :_ 6103 29 10 **---** Of silk u 20% 6103 29 20 **---** Of artificial fibres u 20% 6103 29 90 **---** Other u 20% **-** _Jackets and blazers :_ 6103 31 00 **--** Of wool or fine animal hair u 20% 6103 32 00 **--** Of cotton u 20% 6103 33 00 **--** Of synthetic fibres u 20% 6103 39 **--** _Of other textile materials :_ 6103 39 10 **---** Of silk u 20% 6103 39 20 **---** Of artificial fibres u 20% 6103 39 90 6103 41 00 u u 20% 20% **---** **-** **--** Other _Trousers,_ _bib_ _and_ _brace_ _overalls, breeches and shorts:_ Of wool or fine animal hair 6103 42 00 **--** Of cotton u 20% 6103 43 00 **--** Of synthetic fibres u 20% 6103 49 **--** _Of other textile materials :_ 6103 49 10 **---** Of silk u 20% 6103 49 20 **---** Of artificial fibres u 20% 6103 49 90 **---** Other u 20% **6104** **WOMEN’S** **OR** **GIRLS’** **SUITS,** **ENSEMBLES, JACKETS, BLAZERS,** **DRESSES, SKIRTS, DIVIDED SKIRTS,** **TROUSERS,** **BIB** **AND** **BRACE** **OVERALLS, BREECHES AND SHORTS** **(OTHER** **THAN** **SWIM** **WEAR),** **KNITTED OR CROCHETED** ----- **SECTION-XI** **CHAPTER-61** **(1)** **(2)** **(3)** **(4)** **(5)** **-** _Suits :_ 6104 13 00 **--** Of synthetic fibres u 20% 6104 19 **--** _Of other textile materials :_ 6104 19 10 **---** Of silk u 20% 6104 19 20 **---** Of artificial fibres u 20% 6104 19 90 **---** Other u 20% **-** _Ensembles:_ 6104 22 00 **--** Of cotton u 20% 6104 23 00 **--** Of synthetic fibres u 20% 6104 29 **--** _Of other textile materials :_ 6104 29 10 **---** Of silk u 20% 6104 29 20 **---** Of artificial fibres u 20% 6104 29 90 **---** Other u 20% **-** _Jackets and blazers :_ 6104 31 00 **--** Of wool or fine animal hair u 20% 6104 32 00 **--** Of cotton u 20% 6104 33 00 **--** Of synthetic fibres u 20% 6104 39 **--** _Of other textile materials :_ 6104 39 10 **---** Of silk u 20% 6104 39 20 **---** Of artificial fibres u 20% 6104 39 90 6104 41 00 **---** **-** **--** u u 20% 20% or Rs. 255 per piece, whichever is higher Other _Dresses:_ Of wool or fine animal hair 6104 42 00 **--** Of cotton u 20% 6104 43 00 **--** Of synthetic fibres u 20% or Rs. 255 per piece, whichever is higher 6104 44 00 **--** Of artificial fibres u 20% or Rs. 255 per piece, which ever is higher 6104 49 **--** _Of other textile materials :_ 6104 49 10 **---** Of silk u 20% or Rs. 220 per piece, whichever is higher 6104 49 90 **---** Of other fibres u 20% or Rs. 220 per piece, whichever is higher **-** _Skirts and divided skirts :_ 6104 51 00 **--** Of wool or fine animal hair u 20% or Rs. 110 per piece, whichever is higher 6104 52 00 **--** Of cotton u 20% or Rs. 110 per piece, whichever is higher ----- **SECTION-XI** **CHAPTER-61** **(1)** **(2)** **(3)** **(4)** **(5)** 6104 53 00 **--** Of synthetic fibres u 20% or Rs. 110 per piece, whichever is higher 6104 59 **--** _Of other textile materials :_ 6104 59 10 **---** Of silk u 20% or Rs. 110 per piece, 6104 59 20 6104 59 90 6104 61 00 u u u whichever is higher 20% or Rs. 110 per piece, whichever is higher 20% or Rs. 110 per piece, whichever is higher 20% **---** **---** Of artificial fibres Of other fibres **-** _Trousers, bib and brace overalls,_ _breeches_ _and_ _shorts:_ 6104 61 00 **--** Of wool or fine animal hair u 20% 6104 62 00 **--** Of cotton u 20% 6104 63 00 **--** Of synthetic fibres u 20% 6104 69 **--** _Of other textile materials :_ 6104 69 10 **---** Of silk u 20% 6104 69 20 **---** Of artificial fibres u 20% 6104 69 90 **---** Other u 20% **6105** **MEN’S** **OR** **BOYS’** **SHIRTS,** **KNITTED** **OR** **CROCHETED** 6105 10 **-** _Of cotton :_ 6105 10 10 **---** Shirts, hand crocheted u 20% or Rs. 83 per piece, whichever is higher 6105 10 20 **---** Knit shirts (other than T-shirts) u 20% or Rs. 83 per piece, and sweat shirts, other than whichever is higher hand crocheted 6105 10 90 **---** Other u 20% or Rs. 83 per piece, whichever is higher 6105 20 **-** _Of man-made fibres :_ 6105 20 10 **---** Of synthetic fibres u 20% or Rs. 83 per piece, whichever is higher 6105 20 20 **---** Of artificial fibres u 20% or Rs. 83 per piece, whichever is higher 6105 90 **-** _Of other textile materials :_ 6105 90 10 **---** Of silk u 20% or Rs. 90 per piece, 6105 90 90 **---** u whichever is higher 20% or Rs. 90 per piece, whichever is higher Other **6106** **WOMEN’S** **OR** **GIRLS’** **BLOUSES,** **SHIRTS AND SHIRT-BLOUSES, KNITTED** **OR CROCHETED** ----- **SECTION-XI** **CHAPTER-61** **(1)** **(2)** **(3)** **(4)** **(5)** 6106 10 00 **-** Of cotton u 20% or Rs. 90 per piece, whichever is higher 6106 20 **_-_** _Of man-made fibres :_ 6106 20 10 **---** Of synthetic fibres u 20% or Rs. 25 per piece, whichever is higher 6106 20 20 **---** Of artificial fibres u 20% or Rs. 25 per piece, whichever is higher 6106 90 **-** _Of other textile materials :_ 6106 90 10 **---** Of silk u 20% or Rs. 135 per piece, 6106 90 20 6106 90 90 **---** **---** whichever is higher 20% or Rs. 135 per piece, whichever is higher 20% or Rs. 135 per piece, whichever is higher 20% or Rs. 24 per piece, whichever is higher Of wool or fine animal hair Other **6107** **MEN’S OR BOYS’ UNDERPANTS,** **BRIEFS, NIGHTSHIRTS, PYJAMAS,** **BATHROBES, DRESSING GOWNS AND** **SIMILAR** **ARTICLES,** **KNITTED** **OR** **CROCHETED** u u u _Underpants and briefs :_ Of cotton 6107 11 00 **-** **--** 6107 12 **_--_** _Of man-made fibres :_ 6107 12 10 **---** Of synthetic fibres u 20% or Rs. 30 per piece, 6107 12 20 **---** u whichever is higher 20% or Rs. 30 per piece, whichever is higher Of artificial fibres 6107 19 **--** _Of other textile materials :_ 6107 19 10 **---** Of silk u 20% 6107 19 90 **---** Other u 20% **-** _Night shirts and pyjamas :_ 6107 21 00 **--** Of cotton u 20% 6107 22 **--** _Of man-made fibres :_ 6107 22 10 **---** Of synthetic fibres u 20% 6107 22 20 **---** Of artificial fibres u 20% 6107 29 **--** _Of other textile materials :_ 6107 29 10 **---** Of silk u 20% 6107 29 20 **---** Of wool or fine animal hair u 20% 6107 29 90 **---** Other u 20% **-** _Other :_ 6107 91 **--** _Of cotton :_ 6107 91 10 **---** Gengis (Vests), other than hand crocheted u 20% ----- **SECTION-XI** **CHAPTER-61** **(1)** **(2)** **(3)** **(4)** **(5)** 6107 91 90 **---** Other u 20% 6107 99 **--** _Of other textile materials :_ 6107 99 10 **---** Of silk u 20% 6107 99 20 **---** Of wool or fine animal hair u 20% 6107 99 90 **---** Other u 20% **6108** **WOMEN’S** **OR** **GIRLS’** **SLIPS,** **PETTICOATS,** **BRIEFS,** **PANTIES, NIGHT** **DRESSES, PYJAMAS, NEGLIGEES,** **BATHROBES, DRESSING** **GOWNS AND** **SIMILAR** **ARTICLES,** **KNITTED** **OR** **CROCHETED** **-** _Slips and petticoats :_ 6108 11 **--** _Of man-made fibres :_ 6108 11 10 **---** Of synthetic fibres u 20% 6108 11 20 **---** Of artificial fibres u 20% 6108 19 **--** _Of other textile materials :_ 6108 19 10 **---** Of silk u 20% 6108 19 20 **---** Of cotton u 20% 6108 19 90 6108 21 00 **---** **-** **--** 20% 20% or Rs. 25 per piece, whichever is higher 20% or Rs. 25 per piece, whichever is higher 20% or Rs. 25 per piece, whichever is higher Of other fibres _Briefs and panties :_ Of cotton 6108 22 **--** _Of man-made fibres :_ u u u u 6108 22 10 6108 22 20 **---** **---** Of synthetic fibres Of artificial fibres 6108 29 **--** _Of other textile materials :_ 6108 29 10 **---** Of silk u 20% 6108 29 90 6108 31 00 Other _Night dresses and pyjamas :_ Of cotton u u 20% 20% 6108 29 90 **---** Other u 20% **-** _Night dresses and pyjamas :_ 20% 6108 31 00 **--** Of cotton u 6108 32 **--** _Of man-made fibres :_ 6108 32 10 **---** Of synthetic fibres u 20% 6108 32 20 **---** Of artificial fibres u 20% 6108 39 **--** _Of other textile materials :_ 6108 39 10 **---** Of silk u 10% 6108 39 90 6108 91 00 **---** **-** **--** 20% 20% or Rs. 65 u u per piece, Other _Other :_ Of cotton whichever is higher 6108 92 **--** _Of man-made fibres :_ 6108 92 10 **---** Of synthetic fibres u 20% or Rs. 60 per piece, ----- **SECTION-XI** **CHAPTER-61** **(1)** **(2)** **(3)** **(4)** **(5)** whichever is higher 6108 92 20 **---** Of artificial fibres u 20% or Rs. 60 per piece, whichever is higher 6108 99 **--** _Of other textile materials :_ 6108 99 10 **---** Of silk u 20% 6108 99 20 **---** Of wool or fine animal hair u 10% 6108 99 90 **---** Of other textile materials u 20% **6109** **T-SHIRTS,** **SINGLETS AND** **OTHER** **VESTS,** **KNITTED OR CROCHETED** 6109 10 00 **-** Of cotton u 20% or Rs. 45 per piece, whichever is higher 6109 90 **-** _Of other textile materials :_ 6109 90 10 **---** Of synthetic fibres u 20% or Rs. 50 per piece, whichever is higher 6109 90 20 **---** Of artificial fibres u 20% or Rs. 50 per piece, whichever is higher 6109 90 30 **---** Of silk u 20% or Rs. 50 per piece, whichever is higher 6109 90 40 **---** Of wool or fine animal hair u 20% or Rs. 50 per piece, whichever is higher 6109 90 90 **---** Other u 20% or Rs. 50 per piece, whichever is higher **6110** **JERSEYS,** **PULLOVERS,** **CARDIGANS,** **WAISTCOATS** **AND** **SIMILAR ARTICLES,** **KNITTED OR CROCHETED** **-** _Of wool or fine animal hair :_ 6110 11 **--** _Of wool :_ 6110 11 10 **---** Jerseys u 20% or Rs. 275 per piece, whichever is higher 6110 11 20 **---** Sweaters and cardigans u 20% or Rs. 275 per piece, whichever is higher 6110 11 90 **---** Other u 20% or Rs. 275 per piece, whichever is higher 6110 12 00 **--** Of Kashmir (cashmere) goats u 20% or Rs. 275 per piece, whichever is higher 6110 19 00 **--** Other u 20% or Rs. 275 per piece, whichever is higher 6110 20 00 **-** Of cotton u 20% or Rs. 85 per piece, whichever is higher 6110 30 **-** _Of man-made fibres :_ 6110 30 10 **---** Of synthetic fibres u 20% or Rs. 110 per piece, whichever is higher ----- **SECTION-XI** **CHAPTER-61** **(1)** **(2)** **(3)** **(4)** **(5)** 6110 30 20 **---** Of artificial fibres u 20% or Rs. 110 per piece, 6110 90 00 **-** u whichever is higher 20% or Rs. 105 per piece, whichever is higher Of other textile materials **6111** **BABIES’ GARMENTS AND CLOTHING** **ACCESSORIES,** **KNITTED** **OR** **CROCHETED** 6111 20 00 **-** Of cotton kg. 20% 6111 30 00 **-** Of synthetic fibres kg. 20% 6111 90 **-** _Of other textile materials :_ 6111 90 10 **---** Of silk kg. 20% 6111 90 20 **---** Of artificial fibres kg. 20% 6111 90 90 **---** Other kg. 20% **6112** **TRACK** **SUITS,** **SKI** **SUITS** **AND** **SWIMWEAR,** **KNITTED** **OR CROCHETED** **-** _Track suits :_ 6112 11 00 **--** Of cotton u 20% 6112 12 00 **--** Of synthetic fibres u 20% 6112 19 **--** _Of other textile materials :_ 6112 19 10 **---** Of silk u 10% 6112 19 20 **---** Of wool or fine animal hair u 20% 6112 19 30 **---** Of artificial fibres u 20% 6112 19 90 **---** Other u 20% 6112 20 **-** _Ski suits :_ 6112 20 10 **---** Of silk kg. 10% 6112 20 20 **---** Of wool or fine animal hair kg. 20% 6112 20 30 **---** Of cotton kg. 20% 6112 20 40 **---** Of synthetic fibres kg. 20% 6112 20 50 **---** Of artificial fibres kg. 20% 6112 20 90 **---** Other kg. 20% **-** _Men’s or boys’ swimwear :_ 6112 31 00 **--** Of synthetic fibres u 20% 6112 39 **--** _Of other textile materials :_ 6112 39 10 **---** Of silk u 20% 6112 39 20 **---** Of artificial fibres u 20% 6112 39 90 **---** Other u 20% **-** _Women’s or girls’ swimwear :_ 6112 41 00 **--** Of synthetic fibre u 20% 6112 49 **--** _Of other textile materials :_ 6112 49 10 **---** Of silk u 10% 6112 49 20 **---** Of artificial fibres u 20% ----- **SECTION-XI** **CHAPTER-61** **(1)** **(2)** **(3)** **(4)** **(5)** 6112 49 90 **---** Other u 20% **6113 00 00** **GARMENTS,** **MADE** **UP** **OF** **KNITTED** **OR** kg. 20% **CROCHETED FABRICS OF HEADING** **5903, 5906** **OR** **5907** **6114** **OTHER** **GARMENTS,** **KNITTED** **OR** **CROCHETED** 6114 20 00 **-** Of cotton kg. 20% 6114 30 **-** _Of man-made fibres :_ 6114 30 10 **---** Of synthetic fibres kg. 20% 6114 30 20 **---** Of artificial fibres kg. 20% 6114 90 **-** _Of other textile materials :_ 6114 90 10 **---** Of silk kg. 20% 6114 90 90 **---** Other kg. 20% **6115** **PANTYHOSE,** **TIGHTS,** **STOCKINGS,** **SOCKS** **AND** **OTHER** **HOSIERY,** **INCLUDING GRADUATED COMPRE SSION** **HOSIERY** **(FOR EXAMPLE,** **STOCKINGS** **FOR VARICOSE VEINS)** **AND** **FOOTWEAR** **WITHOUT APPLIED SOLES,** **KNITTED OR** **CROCHETED** 6115 10 00 **-** graduated compression hosiery for u 20% example, (stockings for varicose veins) 6115 21 **-** _Other panty hose and tights :_ 6115 21 00 **--** Of synthetic fibres, measuring per u 20% single yarn less than 67 decitex 6115 22 00 **--** Of synthetic fibres, measuring per u 20% single yarn 67 decitex or more 6115 29 **--** Of other textile materials: 6115 29 10 **---** Of silk u 20% 6115 29 20 **---** Of wool or fine animal hair u 20% 6115 29 30 **---** Of artificial fibres u 20% 6115 29 90 **---** Other u 20% 6115 30 00 **-** Other women's full-length or knee length hosiery, measuring per single yarn less than 67 decitex u 20% ----- **SECTION-XI** **CHAPTER-61** **(1)** **(2)** **(3)** **(4)** **(5)** **-** _Other:_ 6115 94 00 **--** Of wool or fine animal hair pa 20% 6115 95 00 **--** Of cotton pa 20% 6115 96 00 **--** Of synthetic fibres pa 20% 6115 99 **--** _Of other textile materials :_ 6115 99 10 **---** Of artificial fibres pa 20% 6115 99 90 **---** Other pa 20% **6116** **GLOVES,** **MITTENS** **AND** **MITTS,** **KNITTED OR CROCHETED** 6116 10 00 **-** Impregnated, coated, covered or pa 20% laminated with plastics or rubber **-** _Other :_ 6116 91 00 **--** Of wool or fine animal hair pa 20% 6116 92 00 **--** Of cotton pa 20% 6116 93 00 **--** Of synthetic fibres pa 20% 6116 99 **--** _Of other textile materials :_ 6116 99 10 **---** Of artificial fibres pa 20% 6116 99 90 **---** Other pa 20% **6117** **OTHER** **MADE** **UP** **CLOTHING** **ACCESSORIES, KNITTED** **OR** **CROCHETED; KNITTED** **OR** **CROCHETED** **PARTS** **OF** **GARMENTS** **OR OF CLOTHING ACCESSORIES** 6117 10 **-** _Shawls,_ _scarves,_ _mufflers,_ _mantillas, veils and the like:_ 6117 10 10 **---** Of silk u 20% 6117 10 20 **---** Of wool u 20% 6117 10 30 **---** Of cotton u 20% 6117 10 40 **---** Of man-made fibres u 20% 6117 10 90 **---** Other u 20% 6117 80 **_-_** _Other accessories :_ 6117 80 10 **---** Of silk u 20% 6117 80 20 **---** Of wool u 20% 6117 80 30 **---** Of cotton u 20% 6117 80 40 **---** Of man-made fibres u 20% 6117 80 90 **---** Other u 20% 6117 90 00 **-** Parts kg. 20% ----- **SECTION-XI** **CHAPTER-62** **CHAPTER** **62** **_Articles of apparel and clothing accessories, not knitted or crocheted_** **NOTES** **:** 1. This Chapter applies only to made up articles of any textile fabric other than wadding, excluding knitted or crocheted (other than those of heading 6212). 2. This Chapter does not cover : (a) worn clothing or other worn articles of heading 6309; or (b) orthopaedic appliances, surgical belts, trusses or the like (heading 9021). 3. For the purposes of headings 6203 and 6204 : (a) the term ―suit‖ means a set of garments composed of two or three pieces made up, in respect of their outer surface, in identical fabric and comprising : — one suit coat or jacket the outer shell of which, exclusive of sleeves, consists of four or more panels, designed to cover the upper part of the body, possibly with a tailored waistcoat in addition whose front is made from the same fabric as the outer surface of the other components of the set and whose back is made from the same fabric as the lining of the suit coat or jacket; and — one garment designed to cover the lower part of the body and consisting of trousers, breaches or shorts (other than swimwear), a skirt or a divided skirt, having neither braces nor bibs. All of the components of a ―suit‖ must be of the same fabric construction, colour and composition; they must also be of the same style and of corresponding or compatible size. However, these components may have piping (a strip of fabric sewn into the seam) in a different fabric. If several separate components to cover the lower part of the body are presented together (for example, two pairs of trousers or trousers and shorts, or a skirt or divided skirt and trousers), the constituent lower part shall be one pair of trousers or, in the case of women‗s or girls‗ suits, the skirt or divided skirt, the other garments being considered separately. The term ―suit‖ includes the following set of garments, whether or not they fulfil all the above conditions : (A) morning dress, comprising a plain jacket (cutaway) with rounded tails hanging well down at the back and striped trousers ; (B) evening dress (tailcoat), generally made of black fabric, the jacket of which is relatively short at the front, does not close and has narrow skirts cut in at the hips and hanging down behind ; (C) dinner jacket suits, in which the jacket is similar in style to an ordinary jacket (though perhaps revealing more of the shirt front), but has shiny silk or imitation silk lapels ; (b) the term ―ensemble‖ means a set of garments (other than suits and articles of heading 6207 or 6208) composed of several pieces made up in identical fabric, put up for retail sale, and comprising : — one garment designed to cover the upper part of the body, with the exception of waistcoats ----- **SECTION-XI** **CHAPTER-62** which may also form a second upper garment, and — one or two different garments, designed to cover the lower part of the body and consisting of trousers, bib and brace overalls, breeches, shorts (other than swimwear), skirt or a divided skirt. All of the components of an ensemble must be of the same fabric construction, style, colour and composition; they also must be of corresponding or compatible size. The term ―ensemble‖ does not apply to track suits and ski suits, of heading 6211. 4. Headings 6205 and 6206 do not cover garments with pockets below the waist, with a ribbed waistband or other means of tightening at the bottom of the garment. Heading 6205 does not cover sleeveless garments. ―Shirts‖ and ―shirt-blouses‖ are garments designed to cover the upper part of the body, having long or short sleeves and a full or partial opening starting at the neckline. ―Blouses‖ are loose-fitting garments also designed to cover the upper part of the body but may be sleeveless and with or without an opening at the neckline. ―Shirts‖, ―shirt-blouses‖ and ―blouses‖ may also have a collar. 5. For the purposes of heading 6209 : (a) the expression ―babies‗ garments and clothing accessories‖ means articles for young children of a body height not exceeding 86 cm; (b) articles which are, prima facie, classifiable both in heading 6209 and in other headings of this Chapter are to be classified in heading 6209. 6. Garments which are, prima facie, classifiable both in heading 6210 and in other headings of this Chapter, excluding heading 6209, are to be classified in heading 6210. 7. For the purposes of heading 6211, ―ski suits‖ means garments or sets of garments which, by their general appearance and texture, are identifiable as intended to be worn principally for skiing (cross-country or alpine). They consist either of : (a) a ―ski overall‖, that is, a one piece garment designed to cover the upper and the lower parts of the body; in addition to sleeves and a collar the ski overall may have pockets or footstraps; or (b) a ―ski ensemble‖, that is, a set of garments composed of two or three pieces, put up for retail sale and comprising : — one garment such as an anorak, wind-cheater, wind-jacket or similar article, closed by a slide fastener (zipper), possibly with a waistcoat in addition, and — one pair of trousers whether or not extending above waistlevel, one pair of breeches or one bib and brace overall. The ―ski ensemble‖ may also consist of an overall similar to the one mentioned in paragraph (a) above and a type of padded, sleeveless jacket worn over the overall. All the components of a ―ski ensemble‖ must be made up in a fabric of the same texture, style and composition whether or not of the same colour; they also must be of corresponding or compatible size. 8. Scarves and articles of the scarf type, square or approximately square, of which no side exceeds 60 cm are to be classified as handkerchiefs (heading 6213). Handkerchiefs of which any side exceeds 60 cm are to be classified in heading 6214. 9. Garments of this Chapter designed for left over right closure at the front shall be regarded as men‗s or boys‗ garments and those designed for right over left closure at the front as women‗s or girls‗ garments ----- Garments which cannot be identified as either men‗s or boys‗ garments or as women‗s or girls‗ garments are to be classified in the headings covering women‗s or girls‗ garments. 10. Articles of this Chapter may be made of metal thread. **Supplementary Note:** 1. For the purpose of this Chapter, ―Khadi‖ means,— (a) the article of apparel or clothing accessories, made from any cloth woven on handlooms in India from cotton, silk or woollen yarn handspun in India or from a mixture of any two or all of such yarns; and (b) produced by a person certified or recognised by the Khadi Village Industries Commission established under section 4 of the Khadi and Village Industries Commission Act, 1956 (61 of 1956). 2. For the purpose of this chapter, inherent Fire Retardant (FR) fibres, as specified in IS 11871, IS 13501, IS 15742, IS 15742 A, are those in which the FR properties are naturally part of the polymer backbone and can never be worn away or washed out. 3. (a) For the purpose of this chapter, ―Lucknow Chikan craft‖ refers to a type of embroidery defined and recognized by the Geographical Indication (GI) Registry against the GI no. 119 under the Geographical Indication of Goods (Registration and Protection) Act, 1999. (b) Produced/Manufactured by a person certified/recognized and mentioned as a user in the Geographical Indication Registry against the said GI no. 119. **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard** **Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **MEN’S OR BOYS’ OVERCOATS, CAR-** **6201** **COATS,** **CLOAKS,** **ANORAKS** **(INCLUDING SKI-JACKETS), WIND-** **CHEATERS, WIND-JACKETS AND** **SIMILAR** **ARTICLES** **OTHER** **THAN** **THOSE OF HEADING** **6203** 6201 20 **-** Of wool and fine animal hair 6201 20 10 **---** Overcoats, raincoats, car- coats, u 20% or Rs. 385 per piece, capes, cloaks and similar articles whichever is higher u 20% or Rs. 220 per piece, 6201 20 90 **---** Other whichever is higher 6201 30 **-** _Of cotton :_ 6201 30 10 **---** Overcoats, raincoats, car-coats, u 20% capes, cloaks and similar articles 6201 30 90 **---** Other u 20% 6201 40 **-** _Of man-made fibres :_ 6201 40 10 **---** Overcoats, raincoats, car-coats, capes, cloaks and similar articles u 20% 20% 6201 40 90 **---** Other u 6201 90 **-** _Of other textile materials :_ 6201 90 10 **---** Overcoats, raincoats, car-coats, u 20% capes, cloaks and similar articles ----- **SECTION-XI** **CHAPTER-62** **(1)** **(2)** **(3)** **(4)** **(5)** **6202** **WOMEN’S** **OR** **GIRLS’** **OVERCOATS,** **CAR-COATS, CAPES, CLOAKS, ANORAKS** **(INCLUDING SKI-** **JACKETS),** **WIND-** **CHEATERS,WIND-JACKETS AND SIMILAR** **ARTICLES,** **OTHER THAN THOSE OF** **HEADING 6204** _Of wool or fine animal hair:_ 6202 20 **-** u 6202 20 10 **---** Overcoats, raincoats, car- coats, 20% or Rs.385 per piece, capes, cloaks and similar articles whichever is higher 6202 20 90 **---** Other u 20% or Rs.220 per piece, whichever is higher 6202 30 **-** _Of cotton:_ 6202 30 10 **---** Overcoats, raincoats, car-coats, capes, cloaks and similar articles 6202 30 90 **---** Other 6202 40 **-** _Of man-made fibres:_ 6202 40 10 **---** Overcoats, raincoats, car-coats, capes, cloaks and similar articles 6202 40 90 **---** Other 6202 90 **-** _Of other textile materials :_ 20% 20% 20% 20% 20% 20% 6202 90 10 6202 90 90 **---** **---** u u u u u u Overcoats, raincoats, car-coats, capes, cloaks and similar articles Other **6203** **MEN’S** **OR** **BOYS’** **SUITS,** **ENSEMBLES,** **JACKETS,** **BLAZERS, TROUSERS,** **BIB AND** **BRACE OVEB RALLS,** **BREECHES AND** **-** **SHORTS (OTHER THAN SWIMWEAR)** _Suits :_ 6203 11 00 **--** Of wool or fine animal hair u 20% 6203 12 00 **--** Of synthetic fibres u 20% 6203 19 **--** _Of other textile materials :_ 6203 19 10 --- Of cotton u 20% 6203 19 90 --- Other u 20% - _Ensembles:_ 6203 22 00 -- Of cotton u 20% or Rs.145 per piece, whichever is higher 6203 23 00 -- Of synthetic fibres u 20% or Rs.145 per piece, whichever is higher 6203 29 -- Of other textile materials: --- Of silk: 6203 29 11 ---- Khadi u 20% or Rs. 145 per piece, whichever is higher 6203 29 19 ---- Other u 20% or Rs. 145 per piece, whichever is higher 6203 29 90 O h 20% R 145 i ----- whichever is higher _Jackets and blazers:_ Of wool or fine animal hair: 6203 31 - 6203 31 10 --- Khadi u 20% 6203 31 90 --- Other u 20% 6203 32 00 -- Of cotton u 20% 6203 33 00 -- Of synthetic fibres u 20% 6203 39 **--** _Of other textile materials :_ --- Of silk: 6203 39 11 ---- Khadi u 20% 6203 39 19 ---- Other u 20% 6203 39 90 --- Other u 20% **-** **--** _Trousers, bib and brace overalls,_ _breeches and shorts:_ Of wool or fine animal hair u 6203 41 00 **--** Of wool or fine animal hair u 20% or Rs.285per piece, whichever is higher 6203 42 -- Of cotton: 6203 42 10 --- Handloom u 20% or Rs. 135 per piece, whichever is higher 6203 42 90 --- Other u 20% or Rs. 135 per piece, whichever is higher 6203 43 00 **--** Of synthetic fibres u 20% 6203 49 **--** _Of other textile materials :_ 6203 49 10 --- Of silk u 20% 6203 49 90 --- Other u 20% **6204** **WOMEN’S** **OR** **GIRLS’** **SUITS,** **ENSEMBLES,** **JACKETS,** **BLAZERS,** **DRESSES,** **SKIRTS,** **DIVIDED** **SKIRTS,** **TROUSERS,** **BIB AND BRACE OVERALLS,** **BREECHES AND SHORTS** **(OTHER THAN** **SWIMWEAR)** **-** _Suits :_ 6204 11 00 **--** Of wool of fine animal hair u 20% 6204 12 **--** _Of cotton:_ 6204 12 10 **---** Embroidered with Lucknow Chikan u 20% Craft 6204 12 90 **---** Other u 20% 6204 13 **--** _Of synthetic fibres:_ 6204 13 10 **---** Embroidered with Lucknow Chikan u 20% Craft 6204 13 90 **---** Other u 20% 6204 19 _-- Of other textile materials:_ _--- Of silk:_ 6204 19 11 ---- Sequinned or beaded with chattons u 20% or embroidered 6204 19 12 ---- Embroidered with Lucknow Chikan u 20% Craft 6204 19 19 ---- Other u 20% --- _Of all other fibres:_ 6204 19 91 ---- Embroidered with Lucknow Chikan u 20% Craft 6204 19 99 ---- Other u 20% - _Ensembles :_ ----- 6204 22 10 --- Blouses combined with skirts, trousers u 20% or shorts 6204 22 20 --- Embroidered with Lucknow Chikan u 20% Craft 6204 22 90 --- Other u 20% 6204 23 -- of Synthetic fibres 6204 23 10 --- embroidered with Lucknow Chikan Craft u 20% 6204 23 90 --- Other u 20% 6204 29 -- _Of other textile materials:_ --- _Of silk_ 6204 29 12 ---- Khadi u 20% 6204 29 13 ---- embroidered with Lucknow Chikan Craft u 20% 6204 29 19 6204 29 91 --------- Other Other Embroidered with Lucknow Chikan Craft Other _Jackets and blazers :_ u u 20% 20% 6204 29 99 --- u 20% 6204 31 -- _Of wool or fine animal hair:_ 6204 31 10 --- Khadi u 20% 6204 31 90 --- Other u 20% 6204 32 -- _Of cotton:_ 6204 32 10 --- embroidered with Lucknow Chikan Craft u 20% 6204 32 90 --- Other u 20% 6204 33 -- _Of synthetic fibre:_ 6204 33 10 --- embroidered with Lucknow Chikan Craft u 20% 6204 33 90 --- Other u 20% 6204 39 -- _Of other textile materials :_ --- _Of silk:_ 6204 39 12 ---- Khadi u 20% 6204 39 13 ---- embroidered with Lucknow Chikan Craft u 20% 6204 39 19 6204 39 91 --- -- --- Other _Other:_ embroidered with Lucknow Chikan Craft Other _Dresses :_ u u 20% 20% 6204 39 99 --- u 20% 6204 41 -- _Of wool or fine animal hair :_ 6204 41 10 --- House coats and like dresses u 20% or Rs.145 per piece, whichever is higher 6204 41 20 --- Blazers u 20% or Rs.145 per piece, whichever is higher 6204 41 90 --- Other u 20% or Rs.145 per piece, whichever is higher 6204 42 -- _Of cotton :_ 6204 42 10 --- House coats and like dresses u 20% or Rs.116 per piece, whichever is higher ----- whichever is higher 6204 42 30 --- Embroidered with Lucknow Chikan Craft u 20% or Rs.116 per piece, whichever is higher 6204 42 90 --- Other u 20% or Rs.116 per piece, whichever is higher 6204 43 -- _Of synthetic fibres :_ 6204 43 10 --- House coats and like dresses u 20% or Rs.145 per piece, whichever is higher 6204 43 20 --- Embroidered with Lucknow Chikan Craft u 20% or Rs.145 per piece, whichever is higher 6204 43 90 --- Other u 20% or Rs.145 per piece, whichever is higher 6204 44 -- _Of artificial fibres :_ 6204 44 10 --- Embroidered with Lucknow Chikan Craft u 20% or Rs.145 per piece, whichever is higher 6204 44 90 --- Other u 20% or Rs.145 per piece, whichever is higher 6204 49 -- _Of other textile materials:_ --- _Of silk :_ 6204 49 11 ---- House coats and like dresses u 20% or Rs.145 per piece, whichever is higher her 6204 49 12 ---- Embroidered with Lucknow Chikan Craft u 20% or Rs.145 per piece, whichever is higher 6204 49 19 ---- Other u 20% or Rs.145 per piece, whichever is higher --- _Other:_ 6204 49 91 ---- Embroidered with Lucknow Chikan Craft u 20% or Rs.145 per piece, whichever is higher 6204 49 99 ---- Other u 20% or Rs.145 per piece, hi h i ----- 6204 51 00 -- Of wool or fine animal hair u 20% or Rs.145 per piece, whichever is higher 6204 52 -- _Of cotton :_ 6204 52 10 --- Embroidered with Lucknow Chikan Craft u 20% 6204 52 90 --- Other u 20% 6204 53 -- _Of synthetic fibre :_ 6204 53 10 --- embroidered with Lucknow Chikan Craft u 20% 6204 53 90 --- Other u 20% 6204 59 -- Of other textile materials --- _Of silk :_ 6204 59 11 ---- Embroidered with Lucknow Chikan Craft u 20% 6204 59 19 ---- Other u 20% --- _Other:_ 6204 59 91 ---- Embroidered with Lucknow Chikan Craft u 20% 6204 59 99 ---- Other u 20% u u _Trouser, bib and brace overalls,_ _breeches and shorts:_ _Of wool or fine animal hair:_ Trousers and shorts Other 6204 61 6204 61 10 6204 61 90 - -- -- 6204 61 10 -- - Trousers and shorts u 20% or Rs.285 per piece, whichever is higher 6204 61 90 -- - Other u 20% or Rs.285 per piece, whichever is higher 6204 62 -- Of cotton: 6204 62 10 --- Handloom u 20% or Rs. 135 per piece, 6204 62 90 6204 63 00 6204 69 6204 69 11 -- - - -- --- Other Of synthetic fibres _Of other textile materials :_ _Of silk :_ Sequinned or beaded or embroidered u u u whichever is higher 20% or Rs. 135 per piece, whichever is higher 20% 20% ----- **SECTION-XI** **CHAPTER-62** **(1)** **(2)** **(3)** **(4)** **(5)** 6204 69 19 ---- Other u 20% 6204 69 90 --- Other u 20% **6205** **MEN’S** **OR** **BOYS’** **SHIRTS** 6205 20 - Of cotton: 6205 20 10 --- Handloom u 20% or Rs. 85 per piece, whichever is higher 6205 20 20 --- Embroidered with Lucknow u 20% or Rs. 85 per piece, Chikan Craft whichever is higher 6205 20 90 --- Other u 20% or Rs. 85 per piece, whichever is higher 6205 30 6205 30 10 -- u 20% or Rs.120 per piece, whichever is higher 6205 30 - _Of man-made fibres:_ u 20% or Rs.120 per piece, 6205 30 10 --- Embroidered with Lucknow whichever is higher Chikan Craft 6205 30 90 --- Other u 20% or Rs.120 per piece, whichever is higher 6205 90 - _Of other textile materials :_ --- Of silk: 6205 90 11 ---- Khadi u 20% or Rs. 95 per piece, 6205 90 12 --- whichever is higher 20% or Rs. 95 per piece, whichever is higher Embroidered with Lucknow Chikan Craft u 6205 90 19 ---- Other u 20% or Rs. 95 per piece, whichever is higher 6205 90 90 --- Other u 20% or Rs.95 per piece, whichever is higher **6206** **WOMEN’S** **OR** **GIRLS’** **BLOUSES,** **SHIRTS AND SHIRT-BLOUSES** 6206 10 **-** _Of silk or silk waste :_ 6206 10 10 --- Of silk u 20% **-** 6206 10 90 --- Other u 20% **-** 6206 20 00 **-** Of wool or fine animal hair u 20% or Rs.135 per piece, whichever is higher 6206 30 - Of cotton: 6206 30 10 --- Handloom u 20% or Rs. 95 per piece, whichever is higher 6206 30 90 --- Other u 20% or Rs. 95 per piece, whichever is higher 6206 40 00 **-** Of man-made fibres u 20% or Rs.120per piece, whichever is higher 6206 90 00 **-** Of other textile materials u 20% **-** **6207** **MEN’S OR** **BOYS’** **SINGLETS** **AND** **OTHER** **VESTS,** **UNDERPANTS, BRIEFS,** **NIGHTSHIRTS,** **PYJAMAS, BATHROBES,** **DRESSING** **GOWNS AND** **SIMILAR** **ARTICLES** ----- **SECTION-XI** **CHAPTER-62** **(1)** **(2)** **(3)** **(4)** **(5)** - _Underpants and brifs :_ 6207 11 00 -- Of cotton u 20% or Rs.28 per piece, whichever is higher 6207 19 -- _Of other textile materials :_ 6207 19 10 --- Of synthetic fibres u 20% or Rs.30 per piece, whichever is higher 6207 19 20 --- Of wool u 20% or Rs.30 per piece, whichever is higher 6207 19 30 --- Of silk u 10% or Rs.30 per piece, whichever is higher 6207 19 90 --- Other u 20% or Rs.30 per piece, whichever is higher - _Night shirts and pyjamas:_ 6207 21 -- _Of cotton:_ 6207 21 10 --- Handloom u 20% 6207 21 90 --- Other u 20% 6207 22 00 -- Of man-made fibres u 20% 6207 29 00 -- Of other textile materials u 20% - _Other :_ 6207 91 -- _Of cotton_ _:_ 6207 91 10 --- Dressing gowns and bathrobes u 20% 6207 91 20 --- Under shirts other than hand u 20% 6207 91 90 6207 99 6207 99 11 6207 99 19 -- - -- --- --- -- printed Other _Of other textile materials :_ _Of silk :_ Dressing gowns and bathrobes Other _Of wool :_ u u u 20% 20% or Rs.70 per piece, whichever is higher 20% or Rs.70 per piece, whichever is higher 6207 99 21 ---- Dressing gowns and bathrobes u 20% or Rs.70 per piece, whichever is higher 6207 99 29 ---- Other u 20% or Rs.70 per piece, whichever is higher 6207 99 90 --- Other u 20% or Rs.70 per piece, whichever is higher **6208** **WOMEN’S** **OR** **GIRLS’** **SINGLETS** **AND** **OTHER** **VESTS,** **SLIPS,** **PETTICOATS,** **BRIEFS,** **PANTIES,** **NIGHTDRESSES,** **PYJAMAS,** **NEGLIGES,** **BATHROBES,** **DRESSING GOWNS AND SIMILAR** **ARTICLES** ----- **SECTION-XI** **CHAPTER-62** **(1)** **(2)** **(3)** **(4)** **(5)** - _Slips and petticoats :_ 6208 11 00 -- Of man-made fibres u 20% or Rs.80 per piece, whichever is higher 6208 19 -- _Of other textile materials :_ 6208 19 10 --- Of cotton other than hand printed u 20% or Rs.60 per piece, whichever is higher 6208 19 90 --- Other u 20% or Rs.60per piece, whichever is higher - _Nightdresses and pyjamas :_ 6208 21 -- Of cotton: 6208 21 10 --- Handloom u 20% 6208 21 90 --- Other u 20% 6208 22 00 -- Of man-made fibres u 20% **-** 6208 29 -- _Of_ _other_ _textile_ _materials_ _:_ 6208 29 10 --- Of silk u 20% 6208 29 20 --- Of wool u 20% 6208 29 90 --- Other u 20% - _Other :_ 6208 91 -- _Of cotton :_ 6208 91 10 --- Dressing gowns and bathrobes u 20% or Rs .95 per piece, whichever is higher 6208 91 90 --- Other u 20% or Rs .95 per piece, whichever is higher 6208 92 -- _Of man-made fibres :_ 6208 92 10 --- Dressing gowns and bathrobes u 20% or Rs .65 per piece, whichever is higher 6208 92 90 --- Other u 20% or Rs .65 per piece, whichever is higher 6208 99 -- _Of other_ _textile_ _materials_ _:_ 6208 99 10 --- Dressing gowns and bathrobes u 20% of wool 6208 99 20 --- Dressing gowns and bathrobes u 20% of silk 6208 99 90 --- Other u 20% **6209** **BABIES’** **GARMENTS** **AND** **CLOTHING** **ACCESSORIES** 6209 20 - Of cotton: 6209 20 10 --- Handloom u 20% 6209 20 90 --- Other u 20% 6209 30 00 - Of synthetic fibres u 20% **-** 6209 90 - _Of other_ _textile_ _materials_ _:_ 6209 90 10 --- Of silk u 20% **-** 6209 90 90 --- Other u 20% **-** ----- **SECTION-XI** **CHAPTER-62** **(1)** **(2)** **(3)** **(4)** **(5)** **6210** **GARMENTS,** **MADE** **UP** **OF** **FABRICS** **OF** **HEADING** **5602, 5603, 5903,** **5906** **OR** **5907** 6210 10 - _Of fabrics of heading 5602 or_ _5603:_ 6210 10 10 --- Personal protective garments for u 20% surgical/medical use (felt or non woven) conforming to IS 17423 6210 10 20 --- Surgical gowns and drapes u 20% conforming to IS 17334 Other u 6210 10 90 -- 6210 20 - _Other garments, of the type_ _described in sub-headings6201:_ 6210 20 10 6210 20 20 6210 20 30 6210 20 90 -- -- -- -- Outer garments, of rubberised textile fabrics Outer garments, of fabrics impregnated, coated, covered or laminated with preparations of cellulose derivatives and other artificial plastic materials Outer garments, of fabrics otherwise impregnated or coated Other u u u u u u u u 20% 20% or Rs.365 per piece, whichever is higher 20% or Rs.365 per piece, whichever is higher 20% or Rs.365 per piece, whichever is higher 20%or Rs.365 per piece, whichever is higher 20% or Rs.305 per piece, whichever is higher 20% or Rs.305 per piece, whichever is higher 20% or Rs. 305 per piece, whichever is higher 20%% or Rs.305 per piece, whichever is higher 6210 30 - _Other garments, of the type_ 6210 30 10 -- -- -- -- _described in sub-headings6202:_ Outer garments, of textiles impregnated, coated, covered or laminated with preparations of cellulose derivatives and other artificial plastic materials Outer garments, of rubberised textile fabrics Outer garments, of fabrics otherwise impregnated Other 6210 30 20 6210 30 30 6210 30 90 6210 40 - _Other men’s or boys’ garments :_ 6210 40 10 --- Bullet proof jacket, bomb disposal jacket and the like u 20% or Rs. 65 per piece, whichever is higher 6210 40 20 --- NBC Warfare suits and the like u 20% or Rs. 65 per (conforming to IS 17377) piece,whichever is higher 6210 40 30 --- High Visibility Warning Clothes and u 20% or Rs. 65 per the like ( Conforming to IS 15809) piece,whichever is higher 6210 40 40 --- High Altitude Clothes (Conforming u 20% or Rs. 65 per to IS 5866) piece,whichever is higher 6210 40 50 --- Fighter Aircraft Clothing (Conforming u 20% or Rs. 65 per to IS 11871) piece whichever is higher ----- conforming to IS 17423 6210 40 70 --- Surgical gowns and drapes conforming to IS u 20% or Rs. 65 per 17334 piece,whichever is higher 6210 40 80 --- Clothing for special use such as FR, chemical u 20% or Rs. 65 per 6210 40 90 -- (IS 15071,15758), electrical (IS 11871, IS 16655) and industrial protection (IS 17466) Other u piece,whichever is higher 20% or Rs.65 per piece,whichever is higher 20% or Rs.65 per piece, whichever is higher 6210 50 00 - Other women‗s or girls‗ garments u **6211** **TRACK SUITS, SKI SUITS AND SWIMWEAR;** **OTHER GARMENTS** - _Swimwear :_ 6211 11 00 -- Men‗s or boys‗ u 20% 6211 12 00 -- Women‗s or girls‗ u 20% 6211 20 00 - Ski suits u 20% - _Other garments,_ _men’s_ _or boys’ :_ 6211 32 00 -- Of cotton u 20% or Rs.135 per piece,whichever is higher 6211 33 00 -- Of man-made fibres u 20% or Rs.135 per piece,whichever is higher 6211 39 -- Of other textile materials: --- Of silk: 6211 39 11 ---- Handloom u 20% 6211 39 19 ---- Other u 20% 6211 39 90 -- 6211 39 90 --- Other u 20% - _Other garments, women’s orgirls’:_ 6211 42 -- _Of cotton:_ --- _Kurta or Salwar with or without Dupatta:_ 6211 42 11 ---- Embroidered with Lucknow Chikan Craft u 20% or Rs. 135 per piece, whichever is higher 6211 42 19 ---- Other u 20% or Rs. 135 per piece, whichever is higher --- _Other:_ 6211 42 91 ---- Embroidered with Lucknow Chikan Craft u 20% or Rs. 135 per piece, whichever is higher 6211 42 99 ---- Other u 20% or Rs. 135 per piece, whichever is higher 6211 43 -- _Of man made fibre:_ 6211 43 10 --- Embroidered with Lucknow Chikan Craft u 20% or Rs. 135 per piece, whichever is higher 6211 43 90 --- Other u 20% or Rs. 135 per piece, whichever is higher 6211 49 -- _Of other textile materials:_ 6211 49 10 --- Of wool or fine animal hair u 20% --- _of silk:_ 6211 49 21 ---- Khadi u 20% 6211 49 22 ---- Embroidered with Lucknow Chikan Craft u 20% u 20% 6211 49 29 ---- Other _Other:_ u 20% ----- **6212** **BRASSIERES, GIRDLES, CORSETS, BRACES,** **SUSPENDERS, GARTERS AND SIMILAR ARTICLES** **AND** **PARTS** **THEREOF,** **WHETHER** **OR** **NOT** **KNITTED OR CROCHETED** 6212 10 00 - Brassieres u 20% or Rs.30 per piece, 6212 20 00 6212 30 00 Girdles and panty-girdles u Corselettes u whichever is higher 20% or Rs.30 per piece, whichever is higher 20% or Rs.30 per piece, whichever is higher 6212 90 - _Other :_ 6212 90 10 --- Suspender belts, braces, suspender u 20% or Rs.30 per piece, garters whichever is higher 6212 90 90 --- Other u 20%% or Rs.30 per piece, whichever is higher **6213** **HANDKERCHIEFS** 6213 20 00 - Of cotton u 20% **-** 6213 90 - _Of other textile materials :_ 6213 90 10 --- Of man-made fibres u 20% **-** 6213 90 90 --- Other u 20% **-** **6214** **SHAWLS,** **SCARVES,** **MUFFLERS,** **MANTILLAS,** **VEILS AND THE LIKE** 6214 10 - _Of silk or silk waste :_ 6214 10 10 --- Scarves of silk measuring 60 cms u 20% or Rs.390 per piece, or less whichever is higher 6214 10 20 --- Shawls, scarves (exceeding 60 cms) and the like u 20% or Rs.390 per piece, whichever is higher 6214 10 30 6214 10 40 6214 10 30 --- Of Handoom u 10% or Rs.390 per piece, whichever is higher 6214 10 40 --- Embroidered with Lucknow Chikan u 20% or Rs.390 per piece, Craft whichever is higher 6214 10 90 --- Other u 20% or Rs.390 per piece, whichever is higher 6214 20 - _Of wool or fine animal hair :_ 6214 20 10 --- Shawls u 20% or Rs.180 per piece, whichever is higher --- Scarves: 6214 20 21 ---- Khadi u 20% or Rs. 180 per piece, whichever is higher 6214 20 29 ---- Other u 20% or Rs. 180 per piece, whichever is higher --- Mufflers: 6214 20 31 ---- Khadi u 20% or Rs. 180 per piece, whichever is higher 6214 20 39 ---- Other u 20% or Rs. 180 per piece, whichever is higher 6214 20 90 --- Other u 20% or Rs.180 per piece, whichever is higher 6214 30 - Of synthetic fibres -- -- ----- 6214 30 90 --- Other u 20% 6214 40 - _Of artificial fibres_ 6214 40 10 --- Embroidered with Lucknow Chikan u 20% Craft 6214 40 90 --- Other u 20% 6214 90 - _Of other textile materials :_ 6214 90 10 --- Abrabroomal, cotton u 20% or Rs.75 per piece, --- _Chadars, cotton_ _:_ whichever is higher 6214 90 21 ---- Grey u 10% or Rs.75 per piece, whichever is higher 6214 90 22 ---- White bleached u 10% or Rs.75 per piece, whichever is higher 6214 90 29 ---- Other u 20% or Rs.75 per piece, whichever is higher --- _Odhani, cotton :_ 6214 90 31 ---- Grey u 10% or Rs.75 per piece, whichever is higher 6214 90 32 ---- White bleached u 10% or Rs.75 per piece, whichever is higher 6214 90 39 ---- Other u 20% or Rs.75 per piece, whichever is higher --- _Scarves, cotton:_ 6214 90 41 _----_ Embroidered with Lucknow Chikan Craft u 20% or Rs.75 per piece, whichever is higher 6214 90 49 _----_ Other u 20% or Rs.75 per piece, whichever is higher --- _Shawls, mufflers and the like,_ _of cotton:_ 6214 90 51 ---- Embroidered with Lucknow Chikan Craft u 20% or Rs.75 per piece, whichever is higher 6214 90 59 ---- Other u 25% or Rs.75 per piece, whichever is higher --- _Shawls, mufflers and the like of_ _man-made fibres:_ 6214 90 61 ---- Embroidered with Lucknow Chikan Craft u 20% or Rs.75 per piece, whichever is higher 6214 90 69 ---- Other u 20% or Rs.75 per piece, whichever is higher --- _Other:_ 6214 90 91 ---- Embroidered with Lucknow Chikan Craft u 20% or Rs.75 per piece, whichever is higher 6214 90 99 ---- Other u 20% or Rs.75 per piece, whichever is higher ----- **6215** **TIES,** **BOW TIES** **AND** **CRAVATS** 6215 10 - Of silk or silk waste: 6215 10 10 --- Khadi u 20% or Rs. 55 per piece, whichever is higher 6215 10 90 --- Other u 20% or Rs. 55 per piece, whichever is higher 6215 20 00 **-** Of man-made fibres u 20% or Rs.55 per piece, whichever is higher 6215 90 **-** _Of other textile materials :_ 6215 90 10 --- Of cotton u 20% or Rs.55 per piece, whichever is higher 6215 90 90 --- Other u 20% or Rs.55 per piece, whichever is higher **6216** **GLOVES,** **MITTENS** **AND** **MITTS** 6216 00 **-** _Gloves, mittens and mitts :_ 6216 00 10 --- Of cotton pa 20% **-** 6216 00 20 --- Of Handloom pa 20% **-** 6216 00 90 --- Other pa 20% **-** **6217** **OTHER** **MADE** **UP** **CLOTHING** **ACCESSORIES;** **PARTS** **OF** **GARMENTS** **OR** **OF** **CLOTHING** **ACCESSORIES,** **OTHER THAN THOSE** **OF** **HEADING** **6212** 6217 10 **-** _Accessories_ _:_ 6217 10 10 --- For articles of apparel, of cotton kg. 20% 6217 10 20 --- For articles of apparel, of synthetic kg. 20% fibres 6217 10 30 --- For articles of apparel, of wool kg. 20% 6217 10 40 --- For articles of apparel, of silk kg. 20% 6217 10 50 --- For articles of apparel, of kg. 20% regenerated fibre 6217 10 60 --- For articles of apparel, of other kg. 20% fibres 6217 10 70 --- Stockings, socks, sockettes and kg. 20% the like, of cotton 6217 10 90 --- Other kg. 20% 6217 90 - _Parts :_ 6217 90 10 --- Collar cuffs and the like of cotton kg. 20% 6217 90 20 --- Of silk kg. 20% 6217 90 30 --- Of wool kg. 20% 6217 90 40 --- Separately presented removable kg. 20% linings for raincoats and other 6217 90 90 --- Other kg. 20% ----- **SECTION-XI** **CHAPTER-63** **CHAPTER** **63** **_Other made up textile articles; sets; worn clothing and worn textile articles; rags_** **NOTES** **:** 1. Sub-Chapter I applies only to made up articles, of any textile fabric. 2. Sub-Chapter I does not cover : (a) goods of Chapters 56 to 62 ; or (b) worn clothing or other worn articles of heading 6309. 3. Heading 6309 applies only to the following goods : (a) articles of textile materials : (i) clothing and clothing accessories, and parts thereof ; (ii) blankets and travelling rugs ; (iii) bed linen, table linen, toilet linen and kitchen linen ; (iv) furnishing articles, other than carpets of headings 5701 to 5705 and tapestries of head ing 5805. (b) footwear and headgear of any material other than asbestos. In order to be classified in this heading, the articles mentioned above must comply with both of the following requirements : (i) they must show signs of appreciable wear, and (ii) they must be presented in bulk or in bales, sacks or similar packings. **Sub-heading Note:** Sub-heading 6304 20 covers articles made from warp knit fabrics, impregnated or coated with alpha cypermethrin (ISO), chlorfenapyr (ISO), deltamethrin (INN, ISO), lambda-cyhalothrin (ISO), permethrin (ISO) or pirimiphosmethyl (ISO). **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard** **Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **I.—OTHER MADE UP TEXTILE ARTICLES** **6301** **BLANKETS** **AND** **TRAVELLING** **RUGS** 6301 10 00 **-** Electric blankets u 10% 6301 20 00 6301 30 00 **-** Blankets (other than electric blankets) and travelling rugs, of wool or of fine animal hair **-** Blankets (other than electric blankets) and u u 10% or Rs. 275 per piece, whichever is higher 10% ----- **SECTION-XI** **CHAPTER-63** **(1)** **(2)** **(3)** **(4)** **(5)** 6301 40 00 travelling rugs, of cotton Blankets (other than electric blankets) and travelling rugs, of synthetic fibres _Other blankets and travelling rugs :_ u 20% 6301 40 00 **-** Blankets (other than electric blankets) and u 20% travelling rugs, of synthetic fibres 6301 90 **-** _Other blankets and travelling rugs :_ 6301 90 10 **---** Jute blankets including blankets of blended jute u 20% 6301 90 90 **---** Other u 20% **6302** **BED** **LINEN,** **TABLE** **LINEN,** **TOILET** **LINEN** **AND** **KITCHEN LINEN** 6302 10 **-** _Bed linen, knitted or crocheted :_ 6302 10 10 **---** Of cotton kg. 10% 6302 10 90 **---** Other kg. 10% **-** _Other bed linen, printed :_ 6302 21 **--** Of cotton 6301 90 6302 21 10 **---** Handloom kg. 10% or Rs. 108 per kg., whichever is higher 6302 21 10 **---** Handloom kg. 10% or Rs. 108 per kg., whichever is higher 6302 21 90 **---** Other kg. 10% or Rs. 108 per kg., whichever is higher 6302 22 00 **--** Of man-made fibres kg. 10% 6302 29 00 **--** Of other textile materials kg. 10% **-** _Other bed linen :_ 6302 31 00 **--** Of cotton kg. 10% or Rs. 96 per kg., whichever is higher 6302 32 00 **--** Of man-made fibres kg. 10% 6302 39 00 **--** Of other textile materials kg. 10% 6302 40 **-** _Table linen, knitted or crocheted :_ 6302 40 10 **---** Of silk kg. 10% 6302 40 20 **---** Of wool or fine animal hair kg. 10% 6302 40 30 **---** Of cotton kg. 10% 6302 40 40 **---** Of man-made fibres kg. 10% 6302 40 90 **---** Other kg. 10% **-** _Other table linen :_ 6302 51 **--** Of cotton 6302 51 10 **--** Handloom kg. 10% 6302 51 90 **--** Other kg. 10% 6302 53 00 **--** Of man-made fibres kg. 10% 6302 21 90 6302 22 00 6302 29 00 6302 31 00 6302 32 00 ----- **SECTION-XI** **CHAPTER-63** **(1)** **(2)** **(3)** **(4)** **(5)** 6302 59 00 **--** Of other textile materials kg. 10% 6302 60 **-** Toilet linen and kitchen linen, of terry towelling or similar terry fabrics, of cotton 6302 60 10 **---** Handloom kg. 10% 6302 60 90 **---** Other kg. 10% **-** _Other :_ 6302 91 **--** Of cotton 6302 91 10 **---** Handloom kg. 10% 6302 91 90 **---** Other kg. 10% 6302 93 00 **--** Of man-made fibres kg. 10% 6302 99 00 **--** Of other textile materials kg. 10% **6303** **CURTAINS** **(INCLUDING** **DRAPES)** **AND** **INTERIOR** **BLINDS;** **CURTAIN OR BED VALANCES** **-** _Knitted or crocheted :_ 6303 12 00 **--** Of synthetic fibres kg. 10% 6303 19 00 **--** Of other textile materials kg. 10% **-** _Other :_ 6303 91 00 **--** Of cotton kg. 10% 6303 92 00 **--** Of synthetic fibres kg. 10% 6303 99 **--** _Of other textile materials :_ 6303 99 10 **---** Silk shower curtains kg. 10% 6303 99 90 **---** Other kg. 10% **6304** **OTHER** **FURNISHING** **ARTICLES,** **EXCLUDING** **THOSE OF HEADING** **9404** **-** _Bedspreads :_ 6304 11 00 **--** Knitted or crocheted u 10% 6304 19 **--** _other :_ 6304 19 10 **---** Bedsheets and bedcovers, of cotton u 10% 6304 19 20 **---** Bedspreads of silk u 10% 6304 19 30 **---** Bedsheets and bedcovers of man-made fibres u 10% 6304 19 40 **---** Bed sheets and Bed covers of cotton, Handloom u 10% 6304 19 90 **---** Other u 10% 6304 20 00 - Bed nets, specified in Sub- heading Note 1 to this u 10% Chapter **-** _Other :_ 6304 91 **--** _Knitted or crocheted :_ 6304 91 10 **---** Silk belt u 10% 6304 91 20 **---** Woollen cushion cover u 10% 6304 91 90 **---** Other u 10% 6304 92 **--** _Not knitted or crocheted, of cotton :_ **---** Counterpanes 6304 92 11 **----** Of Handloom u 10% ----- **SECTION-XI** **CHAPTER-63** **(1)** **(2)** **(3)** **(4)** **(5)** 6304 92 19 **----** Other u 10% **---** Napkins 6304 92 21 **----** Of Handloom u 10% 6304 92 29 **----** Other u 10% --- Pillow cases and pillow slips 6304 92 31 **----** Of Handloom u 10% 6304 92 39 **----** Other u 10% --- Table cloth and Table Covers 6304 92 41 **----** of Handloom u 10% 6304 92 49 **----** Other u 10% 6304 92 50 **---** Terry towel u 10% 6304 92 60 **---** Towels, other than terry towel u 10% 6304 92 70 6304 92 81 6304 92 89 6304 92 91 6304 92 70 **---** Mosquito nets u 10% **---** Cushion covers 6304 92 81 **----** Of Handloom u 10% 6304 92 89 **----** Other u 10% --- Other furnishing articles 6304 92 91 **----** Of Handloom u 10% 6304 92 99 **----** Other u 10% 6304 93 00 **--** Not knitted or crocheted, of synthetic fibres u 10% 6304 99 **--** _Not knitted or crocheted, of other_ _textile material :_ 6304 99 10 **---** Silk cushion covers u 10% **---** Other 6304 99 91 **----** Of silk, Handloom u 10% 6304 99 92 **----** Of wool, Handloom u 10% 6304 99 99 **----** Other u 10% **6305** **SACKS AND** **BAGS,** **OF** **A** **KIND** **USED** **FOR** **THE** **PACKING OF GOODS** 6305 10 **-** _Of jute or of other textile bast_ _fibres of heading 5303 :_ 6305 10 10 **---** Jute bagging for raw cotton kg. 10% 6305 10 20 **---** Jute corn (grains) sacks kg. 10% 6305 10 30 **---** Jute hessian bags kg. 10% 6305 10 40 **---** Jute sacking bags kg. 10% 6305 10 50 **---** Jute wool sacks kg. 10% 6305 10 60 **---** Plastic coated or paper cum polythene lined kg. 10% jute bags and sacks 6305 10 70 **---** Paper laminated hessian jute kg. 10% 6305 10 80 **---** Jute soil savers kg. 10% 6305 10 90 **---** Other kg. 10% 6305 20 00 **-** Of cotton kg. 10% 6305 10 70 kg. _Of man-made textile materials :_ Flexible intermediate bulk containers 6305 32 00 **-** **--** 10% ----- **SECTION-XI** **CHAPTER-63** **(1)** **(2)** **(3)** **(4)** **(5)** 6305 33 00 **--** Other, of polyethylene or polypropylene kg. 10% 6305 39 00 **--** 10% strip or the like Other kg. 6305 90 00 **-** Of other textile materials kg. 10% **6306** **TARPAULINS, AWNINGS AND SUNBLINDS; TENTS** **(INCLUDING TEMPORARY CANOPIES AND SIMILAR** **ARTICLES);** **SAILS** **FOR** **BOATS,** **SAILBOARDS** **OR** **LANDCRAFT; CAMPING GOODS** **-** _Tarpaulins,_ _awnings_ _and sunblinds :_ 6306 12 00 **--** Of synthetic fibres kg. 10% 6306 19 **--** _Of other textile materials :_ 6306 19 10 **---** Jute tarpaulins (including DW tarpaulin) kg. 10% 6306 19 20 **---** Blinds or awnings of coir kg. 10% 6306 19 30 **---** Venetian or Austrian blinds kg. 10% 6306 19 90 **---** Other kg. 10% **-** Tents (including temporary canopies and similar articles): 6306 22 00 **--** Of synthetic fibres kg. 10% 6306 29 **--** _Of other textile materials :_ 6306 29 10 **---** Of jute kg. 10% 6306 29 90 **---** Other kg. 10% 6306 30 00 **-** Sails kg. 10% 6306 40 00 **-** Pneumatic mattresses u 10% 6306 90 **-** _Other :_ 6306 90 10 --- Of cotton kg. 10% 6306 90 90 --- Of other textile materials kg. 10% **6307** **OTHER** **MADE** **UP** **ARTICLES,** **INCLUDING DRESS** **PATTERNS** 6307 10 **-** _Floor-cloths, dish-cloths, dusters and similar_ _cleaning cloths :_ 6307 10 10 **---** Of cotton kg. 10% 6307 10 20 **---** Of man-made fibres kg. 10% 6307 10 30 **---** Of Cotton, Handloom kg. 10% 6307 10 90 **---** Other kg. 10% 6307 20 **-** _Life-jackets_ _and_ _life-belts_ _:_ 6307 20 10 **---** Of cotton kg. 10% 6307 20 90 **---** Other kg. 10% 6307 90 **-** _Other :_ **---** _Dress materials hand printed :_ 6307 90 11 **----** Of cotton kg. 10% 6307 90 12 **----** Of silk kg. 10% 6307 90 13 **----** Of man-made fibres kg. 10% 6307 90 19 **----** Other kg. 10% 6307 90 20 **---** Made up articles of cotton kg. 10% **---** _Other:_ 6307 90 91 **----** Textile face masks, without a replaceable filter or u 10% mechanical parts, including surgical mask and ----- **SECTION-XI** **CHAPTER-63** **(1)** **(2)** **(3)** **(4)** **(5)** **II.—SETS** **6308 00 00** **SETS CONSISTING** **OF** **WOVEN FABRIC** **AND YARN, WHETHER** **OR NOT WITH ACCESSORIES,** **FOR MAKING UP** **INTO RUGS,** **TAPESTRIES, EMBROIDERED** **TABLE CLOTHS OR SERVIETTES, OR SIMILAR TEXTILE** **ARTICLES,** **PUT UP IN PACKINGSFOR RETAIL SALE** **III.—WORN CLOTHING AND** **WORN TEXTILE ARTICLES; RAGS** kg. 10% **6309 00 00** **WORN** **CLOTHING** **AND** **OTHER** **WORN** **ARTICLES** kg. 10% - **6310** **USED** **OR** **NEW** **RAGS,** **SCRAP** **TWINE,** **CORDAGE,** **ROPE AND CABLES AND WORN OUT ARTICLES** **OF TWINE,** **CORDAGE,** **ROPE OR CABLES,** **OF** **TEXTILE MATERIALS** 6310 10 **-** _Sorted :_ 6310 10 10 **---** Woollen rags kg. 20% 6310 10 20 **---** Cotton rags kg. 20% 6310 10 30 **---** Gunny cuttings kg. 20% 6310 10 90 **---** Other kg. 20% 63 10 90 **-** _Other :_ 6310 90 10 **---** Woolen rags kg. 20% 6310 90 20 **---** Cotton rags kg. 20% 6310 90 30 **---** Gunny cuttings kg. 20% 6310 90 40 **---** Synthetic rags kg. 20% 6310 90 90 **---** Other kg. 20% ----- **SECTION-XII** **CHAPTER-64** SECTION XII **FOOTWEAR, HEADGEAR, UMBRELLAS, SUN UMBRELLAS, WALKING- STICKS, SEAT-** **STICKS, WHIPS, RIDING-CROPS AND PARTS THEREOF; PREPARED FEATHERS AND** **ARTICLES MADE THEREWITH; ARTIFICIALFLOWERS; ARTICLES OF HUMAN HAIR** **CHAPTER** **64** **_Footwear, gaiters and the like; parts of such articles_** **NOTES** **:** 1. This Chapter does not cover : (a) disposable foot or shoe coverings of flimsy material (for example, paper, sheeting of plastics) without applied soles. These products are classified according to their constituent material; (b) footwear of textile material, without an outer sole glued, sewn or otherwise affixed or applied to the upper (Section XI) ; (c) worn footwear of heading 6309 ; (d) articles of asbestos (heading 6812) ; (e) orthopaedic footwear or other orthopaedic appliances, or parts thereof (heading 9021) ; or (f) toy footwear or skating boots with ice or roller skates attached; shin-guards or similar protective sportswear (Chapter 95). 2. For the purposes of heading 6406, the term ―parts‖ does not include pegs, protectors, eyelets, hooks, buckles, ornaments, braid, laces, pompons or other trimmings (which are to be classified in their appropriate headings) or buttons or other goods of heading 9606. 3. For the purposes of this Chapter : (a) the terms ―rubber‖ and ―plastics‖ include woven fabrics or other textile products with an external layer of rubber or plastics being visible to the naked eye; for the purpose of this provision, no account should be taken of any resulting change of colour; and (b) the term ―leather‖ refers to the goods of headings 4107 and 4112 to 4114. 4. Subject to Note 3 to this Chapter : (a) the material of the upper shall be taken to be the constituent material having the greatest external surface area, no account being taken of accessories of reinforcements such as ankle patches, edging, ornamentation, buckles, tabs, eyelet stays or similar attachments; (b) the constituent material of the outer sole shall be taken to be the material having the greatest surface area in contact with the ground, no account being taken of accessories or reinforcements such as spikes, bars, nails, protectors or similar attachments. **SUB-HEADING** **NOTE** : For the purposes of sub-headings 6402 12, 6402 19, 6403 12, 6403 19 and 6404 11, the expression ―sports footwear‖ applies only to : (a) footwear which is designed for a sporting activity and has, or has provision for the attachment of, spikes, springs, stops, clips, bars or the like ; (b) skating boots, ski-boots and cross-country ski footwear, snowboard boots, wrestling boots, boxing boots and cycling shoes. ----- **SECTION-XII** **CHAPTER-64** **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard** **Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **6401** **WATERPROOF** **FOOTWEAR** **WITH** **OUTER** **SOLES** **AND** **UPPERS OF RUBBER OR OF PLASTICS,** **THE UPPERS** **OF WHICH ARE NEITHER FIXED TO THE SOLE NOR** **ASSEMBLED BY STITCHING, RIVETING, NAILING,** pa 6401 10 6401 10 10 -- **SCREWING,** **PLUGGING OR SIMILAR PROCESSES** _Footwear incorporating a protective_ _metal toe-cap :_ Of rubber 35% 6401 10 90 --- Other pa 35% - _Other footwear :_ 6401 92 -- _Covering the ankle but not covering the knee :_ 6401 92 10 --- Of rubber pa 35% 6401 92 90 --- Other pa 35% 6401 99 -- _Other :_ 6401 99 10 --- Of rubber pa 35% 6401 99 90 --- Other pa 35% **6402** **OTHER** **FOOTWEAR** **WITH** **OUTER** **SOLES** **AND** **UPPERS OF RUBBER OR PLASTICS** pa 6402 12 6402 12 10 - -- _Sports footwear :_ _Ski-boots, cross-country ski footwear and_ _snowboard boots :_ Of rubber 35% 6402 12 90 --- Other pa 35% 6402 19 -- _Other :_ 6402 19 10 --- Of rubber pa 35% 6402 19 90 --- Other pa 35% 6402 20 - _Footwear with upper straps or thongs_ _assembled to the sole by means of plugs :_ 6402 20 10 --- Of rubber pa 35% 6402 20 90 --- Other pa 35% - _Other footwear :_ 6402 91 -- _Covering the ankle :_ 6402 91 10 --- Of rubber pa 35% 6402 91 90 --- Other pa 35% 6402 99 -- _Other_ 6402 99 10 --- Of rubber pa 35% 6402 99 90 --- Other pa 35% ----- **SECTION-XII** **CHAPTER-64** **(1)** **(2)** **(3)** **(4)** **(5)** **6403** **FOOTWEAR** **WITH** **OUTER** **SOLES** **OF** **RUBBER,** **PLASTICS,** **LEATHER OR COMPOSITION** **LEATHER AND UPPERS OF LEATHER** 6403 12 00 6403 19 - - _Sports footwear :_ Ski-boots, cross-country ski footwear and snowboard boots _Other :_ pa 35% 6403 19 10 --- With outer soles of leather pa 35% 6403 19 20 --- With outer soles of rubber pa 35% 6403 19 90 --- Other pa 35% 6403 20 - _Footwear with outer soles of leather, and_ _uppers which consist of leather straps_ _across the instep and around the big toe :_ --- _All leather, closed toe :_ 6403 20 11 ---- For men pa 35% 6403 20 12 ---- For women pa 35% 6403 20 13 ---- For children pa 35% 6403 20 19 6403 20 21 --- -- --- Other _All leather, open toe :_ For men pa pa 35% 35% 6403 20 22 ---- For women pa 35% 6403 20 23 ---- For children pa 35% 6403 20 29 ---- Others pa 35% 6403 20 30 --- Of leather soles with embroidered uppers pa 35% 6403 20 40 --- Kolapuri chappals and similar footwear pa 35% 6403 20 90 --- Other pa 35% 6403 40 00 - Other footwear, incorporating a protective metal toe-cap pa 35% - _Other footwear, with outer soles of leather :_ 6403 51 -- _Covering the ankle :_ --- _All leather shoes :_ 6403 51 11 ---- For men pa 35% 6403 51 12 ---- For women pa 35% 6403 51 13 ---- For children pa 35% 6403 51 19 ---- Other pa 35% 6403 51 90 --- Other pa 35% 6403 59 -- _Other :_ 6403 59 10 --- For men pa 35% 6403 59 20 --- For women pa 35% 6403 59 30 --- For children pa 35% 6403 59 90 --- Other pa 35% - _Other footwear :_ 6403 91 -- _Covering the ankle :_ 6403 91 10 --- Leather boots and other footwear with pa 35% ----- **SECTION-XII** **CHAPTER-64** **(1)** **(2)** **(3)** **(4)** **(5)** pa 6403 91 20 -- rubber sole Leather footwear with plastic and synthetic sole 35% 6403 91 90 --- Other pa 35% 6403 99 -- _Other :_ 6403 99 10 --- Leather sandals with rubber sole pa 35% 6403 99 20 --- Leather sandals with plastic or synthetic sole pa 35% 6403 99 90 --- Other pa 35% **6404** **FOOTWEAR** **WITH** **OUTER** **SOLES** **OF** **RUBBER,** **PLASTICS,** **LEATHER OR COMPOSITION LEATHER AND UPPERS OF** **TEXTILE MATERIALS** pa 6404 11 6404 11 10 - -- _Footwear with outer soles of rubber or plastics :_ _Sports footwear; tennis shoes, basketball shoes,_ _gym shoes, training shoes and the like :_ Of rubber sole with canvas upper 35% 6404 11 20 --- Of rubber sole with leather cloth uppers pa 35% 6404 11 90 --- Other pa 35% 6404 19 -- _Other :_ 6404 19 10 --- Of rubber sole with canvas upper pa 35% 6404 19 20 --- Of rubber sole with leather cloth uppers pa 35% 6404 19 90 --- Other pa 35% 6404 20 00 - Footwear with outer soles of leather or pa 35% composition leather **6405** **OTHER** **FOOTWEAR** 6405 10 00 - With uppers of leather or composition leather pa 35% 6405 20 00 - With uppers of textile materials pa 35% 6405 90 00 - Other pa 35% **6406** **PARTS** **OF** **FOOTWEAR** **(INCLUDING** **UPPERS** **WHETHER OR NOT ATTACHED TO SOLES OTHER** **THAN OUTER SOLES);** **REMOVABLE IN-SOLES,** **HEEL** **CUSHIONS AND SIMILAR ARTICLES; GAITERS,** **LEGGINGS AND SIMILAR ARTICLES,** **AND PARTS** **THEREOF** 6406 10 6406 10 10 -- _Uppers and parts thereof, other_ _than stiffeners :_ Embroidered uppers of textile materials kg. 20% 6406 10 20 --- Leather uppers (prepared) kg. 20% 6406 10 30 --- Goat lining kg. 20% 6406 10 40 --- Sheep lining kg. 20% 6406 10 90 --- Other kg. 20% 6406 20 00 - Outer soles and heels,of rubber or plastics kg. 20% 6406 90 - _Other:_ 6406 90 10 --- Of wood kg. 20% ----- **SECTION-XII** **CHAPTER-64** **(1)** **(2)** **(3)** **(4)** **(5)** 6406 90 20 --- Leather parts other than soles and prepared uppers kg. 20% 6406 90 30 --- Leather soles kg. 20% 6406 90 40 --- Gaiters,leggings and similar articles kg. 20% 6406 90 50 --- Parts of gaiters,leggings and similar articles kg. 20% 6406 90 90 --- Other kg. 20% ----- **SECTION-XII** **CHAPTER-65** **CHAPTER** **65** **_Headgear and parts thereof_** **NOTES** **:** 1. This Chapter does not cover: (a) worn headgear of heading 6309; (b) asbestos headgear (heading 6812); or (c) dolls‗ hats, other toy hats or carnival articles of Chapter 95. 2. Heading 6502 does not cover hat-shapes made by sewing, other than those obtained simply by sewing strips in spirals. **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard** **Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **HAT-FORMS, HAT BODIES AND HOODS OF** **6501** **FELT, NEITHER BLOCKED TO SHAPE NOR** **WITH** **MADE** **BRIMS;** **PLATEAUX** **AND** **MANCHONS (INCLUDING SLIT MANCHONS), OF** **FELT** 6501 00 - _[Hat-forms, hat bodies and hoods of felt, ]_ _neither blocked to shape nor with made_ _brims;_ _plateaux_ _and_ _manchons_ _(including slit manchons), of felt_ Of cotton Of wool and fur felt Other 65010010 65010020 65010090 ------ 10% 10% 10% 10% **6502** **HAT-SHAPES,** **PLAITED** **OR** **MADE** **BY** **ASSEMBLING STRIPS OF ANY MATERIAL,** **NEITHER BLOCKED TO SHAPE,** **NOR WITH** **MADE BRIMS,** **NOR LINED,** **NOR TRIMMED** 6502 00 - _Hat-shapes, plaited or made by assembling_ kg. kg. kg. kg. 6502 00 10 -- _strips of any material, neither blocked to shape,_ _nor with made brims, nor lined, nor trimmed:_ Of cotton 6502 00 20 --- Of wool kg. 10% 6502 00 90 --- Other kg. 10% ----- **SECTION-XII** **CHAPTER-65** **(1)** **(2)** **(3)** **(4)** **(5)** **6504 00 00** **HATS** **AND** **OTHER** **HEADGEAR,** **PLAITED** **OR MADE** **BY** **ASSEMBLING** **STRIPS** **OF** **ANY** **MATERIAL,** **WHETHER** kg. 10% **ORNOT LINED OR TRIMMED** **6505** **HATS AND OTHER HEADGEAR, KNITTED OR** **CROCHETED, OR MADE UP FROM LACE, FELT OR** **OTHER TEXTILE FABRIC,** **IN THE PIECE (BUT NOT IN** **STRIPS),** **WHETHER OR NOT LINED OR TRIMMED; HAIR-** **NETS OF ANY MATERIAL,** **WHETHER OR NOT** **LINED OR TRIMMED** 6505 00 - _Hats and other headgear, knitted or crocheted,_ 6505 00 10 -- _or made up from lace, felt or other textile_ _fabric, in the piece (but not in strips), whether_ _or not lined or trimmed; hair-nets of any_ _material, whether or not lined or trimmed_ Hair nets kg. 10% 6505 00 90 --- Other kg. 10% **6506** **OTHER** **HEADGEAR,** **WHETHER** **OR** **NOT** **LINED** **OR TRIMMED** 6506 10 - _Safety headgear:_ 6506 10 10 --- Speed glass welding helmets or other helmets u 10% meant for industrial use 6506 10 90 --- Other u 10% - _Other:_ 6506 91 00 -- Of rubber or of plastics kg. 10% 6506 99 00 -- Of other materials kg. 10% 6506 10 90 -- **6507 00 00** **HEAD-BANDS,** **LININGS,** **COVERS,** **HAT** **FOUNDATIONS,** **HAT FRAMES,** **PEAKS** **AND** **CHINSTRAPS,** **FOR** **HEADGEAR** kg. 10% ----- **SECTION-XII** **CHAPTER-66** **CHAPTER 66** **_Umbrellas, sun umbrellas, walking-sticks, seat-sticks, whips,_** **_riding-crops and parts thereof_** **NOTES** **:** 1. This Chapter does not cover: (a) measure walking-sticks or the like (heading 9017); (b) firearm-sticks, sword-sticks, loaded walking-sticks or the like (Chapter 93); or (c) goods of Chapter 95 (for example, toy umbrellas, toy sun umbrellas). 2. Heading 6603 does not cover parts, trimmings or accessories of textile material, or covers, tassels, thongs, umbrella cases or the like, of any material. Such goods presented with, but not fitted to, articles of heading 6601 or 6602 are to be classified separately and are not to be treated as forming part of those articles. **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard** **Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **6601** **UMBRELLAS** **AND** **SUN** **UMBRELLAS** **(INCLUDING** **WALKING-STICK** **UMBRELLAS,** **GARDEN UMBRELLAS** **AND SIMILAR UMBRELLAS)** 6601 10 00 - Garden or similar umbrellas u 20% - _Other:_ 6601 91 00 -- Having a telescopic shaft u 20% 6601 99 00 -- Other u 20% **6602 00 00** **WALKING-STICKS,** **SEAT-STICKS,** **WHIPS,** **RIDING** **CROPS AND** **THE** **LIKE** u 10% **6603** **PARTS,** **TRIMMINGS** **AND** **ACCESSORIES** **OF** **ARTICLES OF HEADING 6601 TO 6602** 6603 20 00 - Umbrella frames, including frames kg. 10% mounted on shafts (sticks) 6603 90 - _Other:_ 6603 90 10 --- Umbrella ribs kg. 10% 6603 90 90 --- Other kg. 10% ----- **SECTION-XII** **CHAPTER-67** **CHAPTER** **67** **_Prepared feathers and down and articles made of feathers or of down;_** **_artificial flowers; articles of human hair_** **NOTES** **:** 1. This Chapter does not cover : (a) filtering or straining cloth of human hair (heading 5911) ; (b) floral motifs of lace, of embroidery or other textile fabric (Section XI) ; (c) footwear (Chapter 64) ; (d) headgear or hair-nets (Chapter 65) ; (e) toys, sports requisites or carnival articles (Chapter 95); or (f) feather dusters, powder-puffs or hair sieves (Chapter 96). 2. Heading 6701 does not cover : (a) articles in which feathers or down constitute only filling or padding (for example, bedding of heading 9404); (b) articles of apparel or clothing accessories in which feathers or down constitute no more than mere trimming or padding; or (c) artificial flowers or foliage or parts thereof or made up articles of heading 6702. 3. Heading 6702 does not cover : (a) articles of glass (Chapter 70) ; (b) artificial flowers, foliage or fruit of pottery, stone, metal, wood or other materials, obtained in one piece by moulding, forging, carving, stamping or other process, or consisting of parts assembled otherwise than by binding, glueing, fitting into one another or similar methods. **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard** **Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **6701** **SKINS AND OTHER PARTS OF BIRDS WITH THEIR** **FEATHERS** **OR** **DOWN,** **FEATHERS,PARTS** **OF** **FEATHERS, DOWN AND ARTICLES THEREOF (OTHER** **THAN GOODS OF HEADING** **0505 AND WORKED** **QUILLS AND SCAPES)** 6701 00 - _Skins and other parts of birds with their feathers_ _or down, feathers, parts of feathers, down and_ ----- **SECTION-XII** **CHAPTER-67** **(1)** **(2)** **(3)** **(4)** **(5)** _articles thereof (other than goods of_ _heading 0505 and worked quills and_ _scapes):_ 6701 00 10 --- Feather dusters kg. 10% 6701 00 90 --- Other kg. 10% **6702** 6702 10 **ARTIFICIAL FLOWERS, FOLIAGE AND FRUIT AND** **PARTS THEREOF; ARTICLES MADE OF ARTIFICIAL** **FLOWERS, FOLIAGE** **OR** **FRUIT** _Of plastics :_ 6702 10 10 **--- Decorative plants** kg. 20% 6702 10 90 --- Other kg. 20% 6702 90 - _Of other materials :_ 6702 90 10 --- Of jute kg. 20% 6702 90 90 --- Other kg. 20% **6703** **HUMAN HAIR, DRESSED, THINNED, BLEACHED OR** **OTHERWISE WORKED; WOOL OR OTHER ANIMAL HAIR** **OR OTHER TEXTILE MATERIALS,** **PREPARED FOR USE IN** **MAKING WIGS OR THE LIKE** 6703 00 6703 00 10 6703 00 20 -- -- _Human hair, dressed, thinned, bleached or_ _otherwise worked; wool or other animal hair or_ _other textile materials, prepared for use in_ _making wigs or the like :_ Human hair, dressed, thinned, bleached or otherwise worked Wool or other animal hair or other textile materials, prepared for use in making wigs or the like kg. kg. kg. 10% 10% 10% **6704** **WIGS, FALSE BEARDS, EYEBROWS AND EYELASHES,** **SWITCHES AND THE LIKE, OF HUMAN OR ANIMAL** **HAIR OR** **OF** **TEXTILE MATERIALS;** **ARTICLES** **OF HUMAN** **H AIR NOT ELSEW HERE SPECIF IED O R INCLUDED** _Of synthetic textile materials :_ Complete wigs 6704 11 00 - 6704 19 -- _Other :_ 6704 19 10 --- Hair nets kg. 10% 6704 19 90 --- Other kg. 10% 6704 20 - _Of human hair :_ 6704 20 10 --- Wigs kg. 10% 6704 20 20 --- Hair nets kg. 10% 6704 20 90 --- Other kg. 10% 6704 90 00 - Of other materials kg. 10% ----- **SECTION-XIII** **CHAPTER-68** **SECTION XIII** **ARTICLES OF STONE, PLASTER, CEMENT, ASBESTOS, MICA OR SIMILAR** **MATERIALS; CERAMIC PRODUCTS; GLASS AND GLASSWARE** **CHAPTER** **68** **_Articles of stone, plaster, cement, asbestos, mica or similar materials_** **NOTES** **:** 1. This Chapter does not cover : (a) goods of Chapter 25 ; (b) coated, impregnated or covered paper and paperboard of heading 4810 or 4811 (for example, paper and paperboard coated with mica powder or graphite, bituminised or asphalted paper and paperboard) ; (c) coated, impregnated or covered textile fabric of Chapter 56 or 59 (for example, fabric coated or covered with mica powder, bituminised or asphalted fabric) ; (d) articles of Chapter 71 ; (e) tools or parts of tools, of Chapter 82 ; (f) lithographic stones of heading 8442 ; (g) electrical insulators (heading 8546) or fittings of insulating material of heading 8547 ; (h) dental burrs (heading 9018) ; (ij) articles of Chapter 91 (for example, clocks and clock cases) ; (k) articles of Chapter 94 (for example, furniture, luminaires and lighting fittings, prefabricated buildings) ; (l) articles of Chapter 95 (for example, toys, games and sports requisites) ; (m) articles of heading 9602, if made of materials specified in Note 2 (b) to Chapter 96, or of heading 9606 (for example, buttons), of heading 9609 (for example, slate pencils), heading 9610 (for example, drawing slates) or of heading 9620 (monopods, bipods, tripods and similar articles); or; (n) articles of Chapter 97 (for example, works of art). 2. In heading 6802, the expression ―worked monumental or building stone‖ applies not only to the varieties of stone referred to in heading 2512.5 or 2516 but also to all other natural stone (for example, quartzite, flint, dolomite and steatite) similarly worked; it does not, however, apply to slate. **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **6801** **00** **00** **SETTS,** **CURBSTONES** **AND** **FLAGSTONES,** **OF NATURAL STONE** **(EXCEPT SLATE)** kg. 10% ----- **SECTION-XIII** **CHAPTER-68** **(1)** **(2)** **(3)** **(4)** **(5)** **6802** 6802 10 00 6802 21 - **WORKED MONUMENTAL OR BUILDING STONE** **(EXCEPT SLATE) AND ARTICLES THEREOF, OTHER** **THAN GOODS OF HEADING 6801;** **MOSAICCUBES** **AND** **THE LIKE, OF NATURAL STONE (INCLUDING** **SLATE),** **WHETHER OR NOT ON A BACKING; ARTIFICIALLY** **COLOURED GRANULES, CHIPPINGS AND POWDER, OF** **NATURAL** **STONE (INCLUDING** **SLATE)** Tiles, cubes and similar articles, whether or not rectangular (including square), the largest face of which is capable of being enclosed in a square the side of which is less than 7 cm; artificially coloured granules,chippings and powder _Other monumental or building stone and_ _articles thereof, simply cut or sawn, with a flat_ _or even surface :_ _Marble, travertine and alabaster :_ kg. 40% 6802 2110 --- Marble blocks or tiles kg. 40% 6802 21 20 --- Marble monumental stone kg. 40% 6802 21 90 --- Other kg. 40% 6802 23 -- _Granite :_ 6802 23 10 --- Granite blocks or tiles kg. 40% 6802 23 90 --- Other kg. 40% 6802 29 00 6802 91 00 - - Other stone _Other :_ Marble, travertine and alabaster kg. kg. 40% 40% 6802 92 00 -- Other calcareous stone kg. 40% 6802 93 00 -- Granite kg. 40% 6802 99 00 -- Other stone kg. 10% **6803 00 00** **WORKED SLATE** **AND** **ARTICLES** **OF** **SLATE** **OR** **OF** kg. 10% **AGGLOMERATED SLATE** **6804** **MILLSTONES, GRINDSTONES, GRINDING WHEELS** **AND THE LIKE, WITHOUT FRAMEWORKS, FOR** **GRINDING, SHARPENING, POLISHING, TRUEING OR** **CUTTING,HAND SHARPENING** **OR POLISHING STONES,** **AND PARTS THEREOF, OF NATURAL STONE, OF** **AGGLOMERATED** **NATURAL** **OR** **ARTIFICIAL** **ABRASIVES,** **OR** **OF** **CERAMICS,** **WITH** **OR** **WITHOUT** **PARTS OF OTHER MATERIALS** 6804 10 00 - Millstones and grindstones for milling, grinding or kg. 10% pulping ----- **SECTION-XIII** **CHAPTER-68** **(1)** **(2)** **(3)** **(4)** **(5)** _Other millstones, grindstones, grinding wheels_ _and the like :_ _Of agglomerated synthetic or natural diamond:_ 6804 21 - 6804 21 10 --- Diamond impregnated wheels kg. 10% 6804 21 90 --- Other kg. 10% 6804 22 -- _Of other agglomerated abrasives or of ceramics :_ 6804 22 10 --- Grinding wheels of synthetic abrasives kg. 10% 6804 22 20 --- Grinding wheels of other materials kg. 10% 6804 22 90 --- Other kg. 10% 6804 23 -- _Of natural stone :_ 6804 23 10 --- Grinding wheels made of natural stone kg. 10% 6804 23 90 --- Other kg. 10% 6804 30 - _Hand sharpening or polishing stones:_ 6804 30 10 --- Polishing stones kg. 10% 6804 30 20 --- Sharpening stones kg. 10% **6805** **NATURAL OR ARTIFICIAL ABRASIVE POWDER OR** **GRAIN,** **ON A BASE OF TEXTILE MATERIAL, OF PAPER, OF** **PAPERBOARD** **OR** **OF** **OTHER** **MATERIALS,** **WHETHER** **OR** **NOT CUT TO SHAPE OR SEWN OR OTHERWISE MADE UP** 6805 10 - _On a base of woven textile fabric only :_ 6805 10 10 --- Abrasive cloth kg. 10% 6805 10 90 --- Other kg. 10% 6805 20 - _On a base of paper or paperboard only :_ 6805 20 10 --- Emery or corundum coated paper kg. 10% 6805 20 20 --- Flint coated paper kg. 10% 6805 20 30 --- Glass or sand coated paper kg. 10% 6805 20 40 --- Other abrasive paper kg. 10% 6805 20 90 --- Other kg. 10% 6805 30 00 - On a base of other materials kg. 10% **6806** **SLAG WOOL, ROCK WOOL AND SIMILAR MINERAL** **WOOLS; EXFOLIATED VERMICULITE, EXPANDED CLAYS,** **FOAMED SLAG AND SIMILAR EXPANDED MINERAL** **MATERIALS; MIXTURES AND ARTICLES OF HEAT-** **INSULATING, SOUND-INSULATING OR SOUND-ABSORBING** **MINERAL** **MATERIALS,** **OTHER** **THAN** **THOSE** **OF** **HEADING** **6811 OR** **6812** **OR** **OF** **CHAPTER** **69** 6806 10 00 - Slag wool, rock wool and similar mineral wools kg. 10% (including intermixtures thereof), in bulk, sheets or rolls 6806 20 00 - Exfoliated vermiculite, expanded clays, foamed kg. 10% slag and similar expanded mineral materials (including intermixtures thereof) ----- **SECTION-XIII** **CHAPTER-68** **(1)** **(2)** **(3)** **(4)** **(5)** 6806 90 00 - Other kg. 10% **6807** **ARTICLES** **OF** **ASPHALT** **OR** **OF** **SIMILAR** **MATERIAL** **(FOR** **EXAMPLE, PETROLEUM BITUMEN ORCOAL TAR PITCH)** 6807 10 - _In-rolls :_ 6807 10 10 --- Tarfelt roofing kg. 10% 6807 10 90 --- Other kg. 10% 6807 90 - _Other:_ 6807 90 10 --- Tarfelt roofing kg. 10% 6807 90 90 --- Other kg. 10% **6808 00 00** **PANELS, BOARDS, TILES,** **BLOCKS AND SIMILAR** kg. 10% **ARTICLES OF VEGETABLE FIBRE,** **OF STRAW OR OF** **SHAVINGS, CHIPS, PARTICLES, SAWDUST OR OTHER** **WASTE,** **OF WOOD,** **AGGLOMERATED WITH CEMENT,** **PLASTER OR OTHER MINERAL BINDERS** **6809** **ARTICLES** **OF** **PLASTER** **OR** **OF** **COMPOSITIONS** **BASED** **ON PLASTER** - _Boards, sheets, panels, tiles and similar_ _articles, not ornamented :_ 6809 11 00 -- Faced or reinforced with paper or paperboard only kg. 10% 6809 19 00 -- Other kg. 10% 6809 90 00 - Other articles kg. 10% **6810** **ARTICLES** **OF** **CEMENT,** **OF** **CONCRETE** **OR** **OF** **ARTIFICIAL STONE,** **WHETHER OR NOT REINFORCED** - _Tiles, flagstones, bricks and similar articles_ : 6810 11 -- _Building blocks and bricks_ : 6810 11 10 --- Cement bricks kg. 10% 6810 11 90 --- Other kg. 10% 6810 19 -- _Other :_ 6810 19 10 --- Cement tiles for mosaic kg. 10% 6810 19 90 --- Other kg. 10% - _Other articles :_ 6810 91 00 -- Prefabricated structural components for kg. 10% building or civil engineering 6810 99 -- _Other :_ 6810 99 10 --- Concrete boulder kg. 10% 6810 99 90 --- Other kg. 10% **6811** **ARTICLES OF ASBESTOS-CEMENT, OF CELLULOSE** **FIBRE-CEMENT** **OR** **THE** **LIKE** ----- **SECTION-XIII** **CHAPTER-68** **(1)** **(2)** **(3)** **(4)** **(5)** 6811 40 - _Containing asbestos:_ 6811 40 10 --- Asbestos - cement sheets kg. 10% 681140 20 --- Asbestos - cement tiles kg. 10% 6811 40 90 6811 81 00 -- - Other _Not containing asbestos:_ Corrugated sheets kg. kg. 10% 10% 6811 82 00 -- Other sheets, panels, tiles and similar articles kg. 10% 6811 89 - - Other articles: 6811 89 10 - - - Tubes, pipes and tube or pipe fittings kg. 10% 6811 89 90 - - - Other kg. 10% **6812** **FABRICATED ASBESTOS FIBRES; MIXTURES WITH A** **BASIS OF ASBESTOS OR WITH A BASIS OF ASBESTOS** **AND MAGNESIUM CARBONATE; ARTICLES OF SUCH** **MIXTURES OR OF ASBESTOS(FOR EXAMPLE, THREAD,** **WOVEN FABRIC, CLOTHING, HEADGEAR, FOOTWEAR,** **GASKETS),** **WHETHER** **OR** **NOTREINFORCED,** **OTHER** **THAN** **GOODS OF HEADING** **6811OR 6813** 6812 80 00 - Of crocidolite kg. 10% _Other :_ Clothing, clothing accessories, footwear and headgear _Lagging compounds:_ Asbestos Other Asbestos packing joints and gaskets: Packing joints 6812 91 00 6812 99 11 6812 99 19 6812 99 21 - -- --- --- -- --- kg. kg. kg. kg. 10% 10% 10% 10% 6812 99 22 ---- Gaskets kg. 10% 6812 99 90 --- Other kg. 10% **6813** **FRICTION** **MATERIAL** **AND** **ARTICLES** **THEREOF** **(FOR** **EXAMPLE,** **SHEETS,** **ROLLS,** **STRIPS,** **SEGMENTS,** **DISCS,** **WASHERS,** **PADS),** **NOT MOUNTED,** **FOR BRAKES,** **FOR** **CLUTCHES OR THE LIKE,** **WITH A BASIS OF ASBESTOS,** **OF OTHER MINERAL SUBSTANCES OR OF CELLULOSE,** **WHETHER OR NOT COMBINED WITH TEXTILE OR** **OTHER MATERIALS** ----- **SECTION-XIII** **CHAPTER-68** **(1)** **(2)** **(3)** **(4)** **(5)** 6813 20 - Containing asbestos: 6813 20 10 --- Brake lining and pads kg. 15% 6813 20 90 6813 81 00 -- - Asbestos friction materials Not containing asbestos: Brake linings and pads kg. kg. 15% 15% 6813 89 00 -- Other kg. 15% **6814** **WORKED MICA AND ARTICLES OF MICA, INCLUDING** **AGGLOMERATED OR RECONSTITUTED** **MICA,** **WHETHER** **OR** **NOT** **ON** **A** **SUPPORT** **OF** **PAPER, PAPERBOARD** **OR** **OTHER MATERIALS** 6814 10 - _Plates,_ _sheets_ _and_ _strips_ _of_ _agglomerated_ _or_ _reconstituted mica, whether or not on a support:_ 6814 10 10 --- Cut mica condenser films or plates kg. 10% 6814 10 20 --- Sheets and strips cut to shape kg. 10% 6814 10 30 --- Washers and discs kg. 10% 6814 10 90 --- Other kg. 10% 6814 90 - _Other :_ 6814 90 10 --- Mica stacked units kg. 10% 6814 90 20 --- Silvered mica, capacitor plates or silvered mica plates kg. 10% 6814 90 30 --- Micanite and all sorts of built up mica kg. 10% 6814 90 40 --- Micapaper or reconstituted mica paper kg. 10% 6814 90 50 --- Moulded glass bonded or glass bonded mica kg. 10% 6814 90 60 --- Mica bricks kg. 10% 6814 90 90 --- Other kg. 10% **6815** **ARTICLES OF STONE OR OF OTHER MINERAL** **SUBSTANCES (INCLUDING CARBON FIBRES, ARTICLES** **OF CARBON** **FIBRES** **AND** **ARTICLES OF PEAT),** **NOT** **ELSEWHERE SPECIFIED OR INCLUDED** - _Carbon fibres; articles of carbon fibres for non-_ _electrical uses; other articles of graphite or_ _other carbon for non-electrical uses:_ 6815 11 00 -- Carbon fibres kg. 10% 6815 12 00 -- Fabrics of carbon fibres kg. 10% 6815 13 00 -- Other articles of carbon fibres kg. 10% 6815 19 00 -- Other kg. 10% 6815 20 00 6815 91 00 6815 20 00 - Articles of peat kg. 10% - _Other articles :_ 6815 91 00 -- Containing magnesite, magnesia in the form of kg. 7.5% periclase, dolomite including in the form of dolime, or chromite 6815 99 -- _Other :_ 6815 99 10 --- Bricks and tiles of fly ash kg. 10% 6815 99 20 --- Sanitary wares, kitchen wares and other made kg. 10% up articles of fly ash 6815 99 30 --- Basalt fibre, filament and articles thereof conforming kg. 10% to ASTM D3039, C1185 6815 99 90 Oth kg 10% - ----- **SECTION-XIII** **CHAPTER-69** **CHAPTER** **69** **Ceramic products** **NOTES:** 1. This Chapter applies only to ceramic products which have been fired after shaping : (a) headings 6904 to 6914 apply only to such products other than those classifiable in headings 6901 to 6903; (b) articles heated to temperatures less than 800°C for purposes such as curing of resins, accelerating hydration reactions, or for the removal of water or other volatile components, are not considered to be fired. Such articles are excluded from Chapter 69; and (c) Ceramic articles are obtained by firing inorganic, non-metallic materials which have been prepared and shaped previously at, in general, room temperature. Raw materials comprise, inter alia, clays, siliceous materials including fused silica, materials with a high melting point, such as oxides, carbides, nitrides, graphite or other carbon, and in some cases binders such as refractory clays or phosphates. 2. This Chapter does not cover : (a) products of heading 2844; (b) articles of heading 6804; (c) articles of Chapter 71 (for example, imitation jewellery); (d) cermets of heading 8113; (e) articles of Chapter 82; (f) electrical insulators (heading 8546) or fittings of insulating material of heading 8547; (g) artificial teeth (heading 9021); (h) articles of Chapter 91 (for example, clocks and clock cases); (ij) articles of Chapter 94 (for example, furniture, luminaires and lighting fittings, prefabricated buildings); (k) articles of Chapter 95 (for example, toys, games and sports requisites); (l) articles of heading 9606 (for example, buttons) or of heading 9614 (for example, smoking pipes); or (m) articles of Chapter 97 (for example, works of art). **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard** **Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **I.— GOODS OF SILICEOUS FOSSIL MEALS OR OF** **SIMILAR SILICEOUS EARTHS, AND REFRACTORY** **GOODS** ----- **6901** **BRICKS, BLOCKS, TILES AND OTHER CERAMIC GOODS OF** **SILICEOUS FOSSIL MEALS (FOR EXAMPLE, KIESELGUHR,** **TRIPOLITE OR DIATOMITE) OR OF SIMILAR** **SILICEOUS** **EARTHS** 6901 00 Bricks, blocks, tiles and other ceramic goods of siliceous fossil meals (for example, kieselguhr, tripolite or diatomite) or of similar siliceous earths : 6901 00 10 --- Bricks mt 7.5% 6901 00 20 --- Blocks mt 7.5% 6901 00 30 --- Tiles mt 7.5% 6901 00 90 --- Other mt 7.5% **6902** **REFRACTORY** **BRICKS,** **BLOCKS,** **TILES** **AND** **SIMILAR** **REFRACTORY** **CERAMIC** **CONSTRUCTIONAL** **GOODS, OTHER** **THAN THOSE OF SILICEOUS FOSSIL MEALS OR SIMILAR** **SILICEOUS EARTHS** 6902 10 - Containing by weight, singly or together, more than 50% of the elements Mg, Ca or Cr, expressed as MgO, CaO or Cr2O3 : 6902 10 10 --- Magnesite bricks and shapes mt 10% 6902 10 20 --- Chrome magnesite bricks mt 10% 6902 10 30 --- Magnesite chrome bricks and shapes mt 10% 6902 10 40 --- Magnesia carbon bricks and shapes mt 10% 6902 10 50 --- Direct bonded basic bricks and shapes mt 10% 6902 10 90 --- Other mt 10% 6902 20 - Containing by weight more than 50% of alumina (Al2O3), of silica (SiO2) or of a mixture or compound 6902 20 10 --- Silica bricks and shapes mt 10% 6902 20 20 --- High alumina bricks and shapes mt 10% 6902 20 30 --- Alumina carbon bricks and shapes mt 10% 6902 20 40 --- Silicon Carbide bricks and shapes mt 10% 6902 20 50 --- Mullite bricks mt 10% 6902 20 90 --- Other mt 10% 6902 90 - Other: 6902 90 10 --- Fire clay bricks and shapes mt 10% 6902 90 20 --- Graphite bricks and shapes mt 10% 6902 90 30 --- Vermiculite insulation bricks mt 10% 6902 90 40 --- Clay graphite stopper heads mt 10% 6902 90 90 --- Other mt 10% **6903** **OTHER REFRACTORY CERAMIC GOODS (FOR EXAMPLE,** **RETORTS, CRUCIBLES, MUFFLES, NOZZLES, PLUGS,** **SUPPORTS, CUPELS, TUBES, PIPES, SHEATHS,** **RODS AND** **SLIDING** **GATES),** **OTHER** **THAN** **THOSE** **OF** **SILICEOUS** **FOSSIL MEALS OR OF SIMILAR SILICEOUS EARTHS** 6903 10 00 - Containing by weight more than 50% of free carbon 6903 20 - Containing by weight more than 50% of alumina (Al2O3) or of a mixture or compound of alumina and of silica (SiO2) : mt 7.5% ----- **SECTION-XIII** **CHAPTER-69** **(1)** **(2)** **(3)** **(4)** **(5)** 6903 20 10 --- Silicon carbide crucibles mt 7.5% 6903 20 90 --- Other mt 7.5% 6903 90 - Other : 6903 90 10 --- Zircon or zircon-mullite refractories mt 7.5% 6903 90 20 --- Basalt tiles mt 7.5% 6903 90 30 --- Ceramic fibres mt 7.5% 6903 90 40 --- Monolithics or castables (fire-clay, basic, silica, mt 7.5% 6903 90 90 -- high alumina, insulating) Other **II.—OTHER** **CERAMIC** **PRODUCTS** mt 7.5% **6904** **CERAMIC** **BUILDING** **BRICKS,** **FLOORING** **BLOCKS,** **SUPPORT OR FILLER TILES AND THE LIKE** 6904 10 00 - Building bricks Tu 10% 6904 90 00 - Other mt 10% **6905** 6905 10 00 **ROOFING** **TILES,** **CHIMNEY-POTS,** **COWLS,** **CHIMNEY LINERS,** **ARCHITECTURAL ORNAMENTS** **AND OTHER CERAMIC CONSTRUCTIONAL GOODS** - Roofing tiles mt 6905 10 00 - Roofing tiles mt 15% 6905 90 00 - Other mt 15% **6906 00 00** **CERAMIC** **PIPES,** **CONDUITS,** **GUTTERING** **AND PIPE** **FITTINGS** **6907** **CERAMIC FLAGS AND PAVING, HEARTH OR WALL** **TILES; CERAMIC MOSAIC CUBES AND THE LIKE,** **WHETHER OR NOT ON A BACKING;** **FINISHING** **CERAMICS** - _Flags and paving, hearth or wall tiles, other_ _than those of sub-headings 6907 30 and 6907 40:_ mt 10% 6907 21 00 -- Of a water absorption coefficient by weight not exceeding 0.5% m[2 ] 15% 6907 22 00 -- Of a water absorption coefficient by weight m[2 ] 15% exceeding 0.5% but not exceeding 10% 6907 23 00 -- Of a water absorption coefficient by weight m[2 ] 15% exceeding 10% 6907 30 00 - Mosaic cubes and the like, other than those of m[2 ] 15% sub-heading 6907 40 6907 40 00 --- Finishing ceramics m[2 ] 15% ----- **SECTION-XIII** **CHAPTER-69** **(1)** **(2)** **(3)** **(4)** **(5)** **6909** **CERAMIC WARES FOR LABORATORY,** **CHEMICAL OR** **OTHER** **TECHNICAL** **USES;** **CERAMIC** **TROUGHS,** **TUBS** **AND SIMILAR RECEPTACLES OF A KIND USED IN** **AGRICULTURE;** **CERAMIC POTS,** **JARS AND SIMILAR** **ARTICLES OF A KIND USED FOR THE CONVEYANCE** **OR PACKING OF GOODS** Ceramic wares for laboratory, chemical or other technical uses : Of porcelain or china Articles having a hardness equivalent to 9 or more on the Mohs scale Other : 6909 11 00 6909 12 00 6909 19 - - - kg. 10% kg. 10% 6909 19 10 --- Ceramic filter candle kg. 10% 6909 19 90 --- Other kg. 10% 6909 90 00 - Other kg. 10% **6910** **CERAMIC SINKS,** **WASH** **BASINS,** **WASH** **BASIN** **PEDESTALS, BATHS, BIDETS, WATER CLOSET PANS,** **FLUSHING CISTERNS,** **URINALS AND SIMILAR SANITARY FIXTURES** 6910 10 00 - Of porcelain or china kg. 10% 6910 90 00 - Other kg. 10% **6911** **TABLEWARE, KITCHENWARE, OTHER HOUSEHOLD** **ARTICLES AND TOILET ARTICLES,** **OF PORCELAIN** **OR CHINA** 6911 10 6911 10 11 6911 10 19 6911 10 21 -- --- --- -- --- Tableware and kitchenware: Tableware : Of bone china and soft porcelain Other Kitchenware: Of Bone china and soft porcelain kg. kg. kg. 20% 20% 20% 6911 10 29 ---- Other kg. 20% 6911 90 - Other : 6911 90 10 --- Toilet articles kg. 10% 6911 90 20 --- Water filters of a capacity not exceeding 40 litres kg. 20% 6911 90 90 --- Other kg. 20% **6912** **CERAMIC** **TABLEWARE,** **KITCHENWARE,** **OTHER HOUSEHOLD ARTICLES AND TOILET ARTICLES,** **OTHER THAN OF PORCELAIN OR CHINA** 6912 00 - Ceramic tableware, kitchenware, other household articles and toilet articles, other than of ----- **SECTION-XIII** **CHAPTER-69** **(1)** **(2)** **(3)** **(4)** **(5)** porcelain or china : 6912 00 10 --- Tableware kg. 20% 6912 00 20 --- Kitchenware kg. 20% 6912 00 30 --- Toilet articles kg. 10% 6912 00 40 --- Clay articles kg. 20% 6912 00 90 --- Other kg. 20% **6913** **STATUETTES** **AND** **OTHER** **ORNAMENTAL** **CERAMIC** **ARTICLES** 6913 10 00 - Of porcelain or china kg. 10% 6913 90 00 - Other kg. 10% **6914** **OTHER** **CERAMIC** **ARTICLES** 6914 10 00 - Of porcelain or china kg. 10% 6914 90 00 - Other kg. 10% ----- **SECTION-XIII** **CHAPTER-70** **CHAPTER** **70** **_Glass and glassware_** **NOTES** **:** 1. This Chapter does not cover : (a) goods of heading 3207 (for example, vitrifiable enamels and glazes, glass frit, other glass in the form of powder, granules or flakes) ; (b) articles of Chapter 71 (for example, imitation jewellery) ; (c) optical fibre cables of heading 8544, electrical insulators (heading 8546) or fittings of insulating material of heading 8547 ; (d) front windscreens (windshields), rear windows and other windows, framed, for vehicles of Chapters 86 to 88; (e) front windscreens (windshields), rear windows and other windows, whether or not framed, incorporating heating devices or other electrical or electronic devices, for vehicles of Chapters 86 to 88; (f) optical fibres, optically worked optical elements, hypodermic syringes, artificial eyes, ther mometers, barometers, hydrometers or other articles of Chapter 90 ; (g) luminaires and lighting fittings, illuminated signs, illuminated name-plates and the like, having apermanently fixed light source, or parts thereof of heading 9405; (h) toys, games, sports requisites, Christmas tree ornaments or other articles of Chapter 95 (ex cluding glass eyes without mechanisms for dolls or for other articles of Chapter 95); or (ij) buttons, fitted vacuum flasks, scent or similar sprays or other articles of Chapter 96. 2. For the purposes of headings 7003, 7004 and 7005 : (a) glass is not regarded as ―worked‖ by reason of any process it has undergone before annealing; (b) cutting to shape does not affect the classification of glass in sheets ; (c) the expression ―absorbent, reflecting or non-reflecting layer‖ means a microscopically thin coating of metal or of a chemical compound (for example, metal oxide) which absorbs, for example, infra-red light or improves the reflecting qualities of the glass while still allowing it to retain a degree of transparency or translucency; or which prevents light from being reflected on the surface of the glass. 3. The products referred to in heading 7006 remain classified in that heading whether or not they have the character of articles. 4. For the purposes of heading 7019, the expression ―glass wool‖ means : (a) mineral wools with a silica (SiO2) content not less than 60% by weight ; (b) mineral wools with a silica (SiO2) content less than 60% but with an alkaline oxide (K2O or Na2O) content exceeding 5% by weight or a boric oxide (B2O3) content exceeding 2% by weight . Mineral wools which do not comply with the above specifications fall in heading 6806. 5.Throughout this Schedule, the expression ―glass‖ includes fused quartz and other fused silica. **SUB-HEADING** **NOTE** : For the purposes of tariff items 7013 22 00, 7013 33 00, 7013 41 00 and 7013 91 00, the expression ―lead crystal‖ means only glass having a minimum lead monoxide (PbO) content by weight of 24%. ----- **SECTION-XIII** **CHAPTER-70** **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard** **Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **CULLET AND OTHER WASTE AND SCRAP OF GLASS,** **7001** **EXCLUDING GLASS FROM CATHODE-RAY TUBES OR** **OTHER ACTIVATED GLASS OF HEADING 8549; GLASS IN** **THE MASS** 7001 00 - _Cullet and_ _other waste and scrap_ _of_ _glass;_ _excluding glass from cathode ray tubes or other_ _activated glass of heading 8549; glass in the_ _mass:_ 7001 00 10 --- Cullet and other waste and scrap of glass kg. 5% 7001 00 20 --- Enamel glass in the mass kg. 10% 7001 00 90 --- Other kg. 10% **7002** **GLASS** **IN** **BALLS** **(OTHER** **THAN** **MICROSPHERES** **OF HEADING 7018),** **RODS OR TUBES,** **UNWORKED** 7002 10 00 - Balls kg. 10% 7002 20 - _Rods :_ 7002 20 10 --- Enamel glass rods kg. 10% 7002 20 90 7002 31 00 7002 32 00 7002 39 00 -- - - - Other _Tubes:_ Of fused quartz or other fused silica Of other glass having a linear coefficient of expansion not exceeding 5 x 10[-6 ] per Kelvin within a temperature range of 0[0]C to 300[0]C Other kg. kg. kg. kg. 10% 10% 10% 10% **7003** **CAST GLASS** **AND** **ROLLED** **GLASS,** **IN** **SHEETS** **OR** **PROFILES,** **WHETHER OR NOT HAVING AN ABSORBENT,** **REFLECTING** **OR** **NON-REFLECTING** **LAYER,** **BUT NOT OTHERWISE WORKED** _Non-wired sheets :_ _Coloured throughout the mass (body-tinted),_ _opacified, flashed or having an absorbent,_ _reflecting or non-reflecting layer :_ 7003 12 - 7003 12 10 --- Tinted m[2 ] 10% 7003 12 90 --- Other m[2 ] 10% 7003 19 -- _Other :_ 7003 19 10 --- Tinted m[2 ] 10% 7003 19 90 --- Other m[2 ] 10% 7003 20 - _Wired sheets :_ 7003 20 10 --- Tinted m[2 ] 10% 7003 20 90 --- Other m[2 ] 10% 7003 30 - _Profiles :_ 7003 30 10 --- Tinted m[2 ] 10% 7003 30 90 --- Other m[2 ] 10% ----- **SECTION-XIII** **CHAPTER-70** **(1)** **(2)** **(3)** **(4)** **(5)** **7004** **DRAWN GLASS AND BLOWN GLASS, IN SHEETS,** **WHETHER OR NOT HAVING AN ABSORBENT,** **REFLECTING OR NON-REFLECTING LAYER, BUT NOT** **OTHERWISE** **WORKED** 7004 20 - _Glass, coloured throughout the mass (body_ _tinted),_ _opacified,_ _flashed_ _or_ _having_ _an_ _layer :_ -- _absorbent, reflecting or non-reflecting_ _Window glass (sheet glass) :_ 7004 20 11 ---- Tinted 7004 20 19 ---- Other 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% _Other :_ Tinted 7004 20 91 -- --- 7004 20 99 ---- Other 7004 90 - _Other glass :_ 10% 10% 10% 10% _Window glass (sheet glass) :_ Tinted m[2 ] m[2 ] m[2 ] m[2 ] m[2 ] m[2 ] m[2 ] m[2 ] 10% 7004 90 11 -- --- 7004 90 19 ---- Other --- _Other:_ 7004 90 91 ---- Tinted 7004 90 99 ---- Other **7005** 7005 10 7005 10 10 -- 7005 10 90 7005 21 7005 21 10 -- - -- **FLOAT** **GLASS** **AND** **SURFACE** **GROUND** **OR** **POLISHED** **GLASS,** **IN SHEETS,** **WHETHER OR NOT HAVING AN** **ABSORBENT,** **REFLECTING** **OR** **NON-REFLECTING** **LAYER, BUT NOT OTHERWISE WORKED** _Non-wired glass, having an absorbent,_ _reflecting or non-reflecting layer :_ Tinted m[2] Other m[2] _Other non-wired glass :_ _Coloured throughout the mass (body tinted),_ _opacified, flashed or merely surface ground :_ Tinted m[2] 7005 21 90 --- Other m[2] 7005 29 -- _Other :_ 7005 29 10 --- Tinted m[2] 7005 29 90 --- Other m[2] 7005 30 - _Wired glass :_ 7005 30 10 --- Tinted m[2] 7005 30 90 --- Other m[2] **7006 00 00** **Glass of heading 7003, 7004 or 7005, bent, edge-** kg. 10% **worked, engraved, drilled, enameled or otherwise** **worked, but not framed or fitted with other** **materials** ----- **SECTION-XIII** **CHAPTER-70** **(1)** **(2)** **(3)** **(4)** **(5)** **7007** **SAFETY** **GLASS,** **CONSISTING** **OF** **TOUGHENED** **(TEMPERED)** **OR LAMINATED GLASS** - _Toughened (tempered) safety glass :_ 7007 11 00 -- Of size and shape suitable for incorporation kg. 15% in vehicles, aircraft, spacecraft or vessels 7007 19 00 -- Other m[2 ] 15% - _Laminated safety glass :_ 7007 21 -- _Of size and shape suitable for incorporation in_ _vehicles, aircraft, spacecraft or vessels :_ 7007 21 10 --- Bullet proof glass kg. 15% 7007 21 90 --- Other kg. 15% 7007 29 00 -- Other m[2 ] 15% **7008** **MULTIPLE-WALLED** **INSULATING** **UNITS** **OF** **GLASS** 7008 00 - _Multiple-walled insulating units of glass :_ 7008 00 10 --- Glazed glass, double walled kg. 10% 7008 00 20 --- Glazed glass, multiple walled kg. 10% 7008 00 90 --- Other kg. 10% **7009** 7009 10 **GLASS** **MIRRORS,** **WHETHER OR** **NOT FRAMED,** **INCLUDING** **REAR-VIEW MIRRORS** _Rear-view mirrors for vehicles :_ 7009 10 10 --- Prismatic rear-view mirror for vehicles kg. 15% 7009 10 90 7009 91 00 -- - Other _Other :_ Unframed kg. kg. 15% 15% 7009 92 00 -- Framed kg. 15% **7010** **CARBOYS, BOTTLES, FLASKS, JARS, POTS, PHIALS,** **AMPOULES AND OTHER CONTAINERS,** **OF** **GLASS,** **OF** **A KIND USED FOR THE CONVEYANCE OR PACKING** **OF GOODS;** **PRESERVING JARS OF GLASS;** **STOPPERS,** kg. 7010 10 00 **LIDS AND OTHER CLOSURES, OF GLASS** Ampoules 10% 7010 20 00 - Stoppers, lids and other closures kg. 10% 7010 90 00 - Other kg. 10% **7011** **GLASS ENVELOPES (INCLUDING BULBS AND TUBES),** **OPEN, AND GLASS PARTS** **THEREOF, WITHOUT FITTINGS,** **FOR** **ELECTRIC** **LAMPS AND LIGHT SOURCES,** **CATHODE-** **RAY TUBES OR THE LIKE** 7011 10 - _For electric lighting :_ 7011 10 10 --- Glass envelopes for fluorescent lamps kg. 10% 7011 10 20 --- Glass envelopes for filament lamps kg. 10% 7011 10 90 --- Other kg. 10% ----- **SECTION-XIII** **CHAPTER-70** **(1)** **(2)** **(3)** **(4)** **(5)** 7011 20 00 - For cathode-ray tubes kg. 10% 7011 90 - _Other :_ 7011 90 10 --- Glass envelopes for electronic valves kg. 10% 7011 90 90 --- Other kg. 10% **7013** **GLASSWARE** **OF** **A** **KIND** **USED** **FOR** **TABLE,** **KITCHEN,** **TOILET, OFFICE, INDOOR DECORATION OR SIMILAR** **PURPOSES** **(OTHER THAN THAT OF HEADING** **7010** **OR** **7018)** 7013 10 00 - Of glass-ceramics kg. 20% kg. kg. kg. kg. kg. kg. kg. 7013 22 00 7013 28 00 7013 33 00 7013 37 00 7013 41 00 7013 42 00 7013 49 00 - - - - - - - _Stemware drinking glasses, other than_ _of glass-ceramics :_ Of lead crystal Other _Other drinking glasses, other than of glass-_ _ceramics :_ Of lead crystal Other _Glassware of a kind used for table (other than_ _drinking glasses) or kitchen purposes, other than_ _of glass-ceramics :_ Of lead crystal Of glass having a linear coefficient of expansion not exceeding 5 x 10 -6 per Kelvin within a temperature range of 0 °C to 300 °C, Other 20% 20% 20% 20% 20% 20% 20% - _Other glassware :_ 7013 91 00 -- Of lead crystal kg. 20% 7013 99 00 -- Other kg. 20% **7014** **SIGNALLING GLASSWARE AND OPTICAL ELEMENTS OF** **GLASS (OTHER THAN THOSE OF HEADING 7015),** **NOT OPTICALLY WORKED** 7014 00 - _Signalling glassware and optical elements of_ _glass (other than those of heading 7015), not_ _optically worked :_ 7014 00 10 --- Signalling glassware kg. 10% 7014 00 20 --- Optical elements kg. 10% **7015** **CLOCK OR WATCH GLASSES** **AND SIMILAR GLASSES,** **GLASSES FOR NON-CORRECTIVE OR CORRECTIVE** **SPECTACLES,** **CURVED,** **BENT,** **HOLLOWED** **OR** **THE LIKE;** **NOT OPTICALLY WORKED;** **HOLLOW** ----- **SECTION-XIII** **CHAPTER-70** **(1)** **(2)** **(3)** **(4)** **(5)** **GLASS SPHERES AND THEIR SEGMENTS,** **FOR THE MANUFACTURE OF SUCH GLASSES** 7015 10 - _Glasses for corrective spectacles :_ 7015 10 10 --- Ophthalmic rough blanks kg. 5% 7015 10 20 --- Flint button kg. 10% 7015 10 90 --- Other kg. 10% 7015 90 - _Other :_ 7015 90 10 7015 90 20 -- -- Clock and watch glasses and similar glasses, curved, bent, hollowed and the like, glass spheres and segments of spheres for the manufacture of such glasses Glass for sun glasses kg. kg. 10% 10% 7015 90 90 --- Other kg. 10% **7016** **PAVING** **BLOCKS, SLABS, BRICKS, SQUARES, TILES AND** **OTHER ARTICLES OF PRESSED OR MOULDEDGLASS,** **WHETHER OR NOT WIRED,** **OF A KIND USEDFOR** **BUILDING** **OR** **CONSTRUCTION** **PURPOSES; GLASS CUBES AND OTHER** **GLASS SMALL WARES, WHETHER OR NOT ON A BACKING,** **FOR MOSAICS OR SIMILAR DECORATIVE PURPOSES;** **LEADED LIGHTS AND THE LIKE; MULTI-CELLULAR** **OR** **FOAM** **GLASS** **IN** **BLOCKS,** **PANELS,** **PLATES,** **SHELLS** **OR** **SIMILAR FORMS** 7016 10 00 7016 90 00 Glass cubes and other glass smallwares, whether or not on a backing, for mosaics or similar decorative purposes Other kg. kg. 10% 10% **7017** **LABORATORY,** **HYGIENIC OR PHARMACEUTICAL** **GLASSWARE,** **WHETHER** **OR** **NOT** **GRADUATED** **OR** **CALIBRATED** 7017 10 00 - Of fused quartz or other fused silica kg. 10% 7017 20 00 7017 90 Of other glass having a linear coefficient of expansion not exceeding 5 x 10[-6 ]per Kelvin within a temperature range of 0[0]C to 300[0]C _Other :_ kg. 10% 7017 90 10 --- Graduated or calibrated laboratory glassware kg. 10% 7017 90 20 --- Pharmaceutical glassware kg. 10% 7017 90 30 --- Hygienic glassware kg. 10% 7017 90 90 --- Other kg. 10% ----- **SECTION-XIII** **CHAPTER-70** **(1)** **(2)** **(3)** **(4)** **(5)** **7018** **GLASS** **BEADS,** **IMITATION** **PEARLS,** **IMITATION** **PRECIOUS** **OR** **SEMI-PRECIOUS** **STONES** **AND** **SIMILAR** **GLASS** **SMALLWARES,** **AND** **ARTICLES** **THEREOF** **OTHER** **THAN** **IMITATION** **JEWELLERY;** **GLASS** **EYES** **OTHER** **THAN** **PROSTHETIC** **ARTICLES;** **STATUETTES** **AND** **OTHER** **ORNAMENTS** **OF** **LAMP-WORKED** **GLASS,** **OTHER** **THAN** **IMITATION** **JEWELLERY;** **GLASS** **MICROSPHERES** **NOT** **EXCEEDING** **1** **MM** **IN** **DIAMETER** 7018 10 - _Glass_ _beads,_ _imitation_ _pearls,_ _imitation_ _precious or semi-precious stones and similar_ _glass smallwares :_ 7018 10 10 --- Bangles kg. 10% 7018 10 20 --- Beads kg. 20% 7018 10 90 --- Other kg. 10% 7018 20 00 - Glass microspheres not exceeding 1 mm in kg. 10% diameter 7018 90 - _Other :_ 7018 90 10 --- Glass statues kg. 10% 7018 90 90 --- Other kg. 10% **7019** **GLASS** **FIBRES** **(INCLUDING** **GLASS** **WOOL)** **AND** **ARTICLES THEREOF** **(FOR EXAMPLE,** **YARN, ROVINGS,** **WOVEN FABRICS)** - _Slivers, rovings, yarn and chopped strands and_ _mats thereof:_ 7019 11 00 -- Chopped strands, of a length of not more than kg. 10% 50 mm 7019 12 00 -- Rovings kg. 10% 7019 13 00 -- Other yarn, slivers kg. 10% 7019 14 00 -- Mechanically bonded mats kg. 10% 7019 15 00 -- Chemically bonded mats kg. 10% 7019 19 00 -- Other kg. 10% - _Mechanically bonded fabrics:_ 7019 61 00 -- Closed woven fabrics of rovings kg. 10% 7019 62 00 -- Other closed fabrics of rovings kg. 10% 7019 63 00 -- Closed woven fabrics, plain weave, of yarns, not kg. 10% coated or laminated 7019 64 00 -- Closed woven fabrics, plain weave, of yarns, coated kg. 10% or laminated 7019 65 00 -- Open woven fabrics of a width not exceeding 30cm kg. 10% 7019 66 00 -- Open woven fabrics of a width exceeding 30 cm kg. 10% **-** 7019 69 00 -- Other kg. 10% - _Chemically bonded fabrics:_ 7019 71 00 -- Veils (thin sheets) kg. 10% 7019 72 00 -- Other closed fabrics kg. 10% 7019 73 00 -- Other open fabrics kg. 10% 7019 80 00 - Glass wool and articles of glass wool kg. 10% 7019 90 00 - Other kg 10% ----- **SECTION-XIII** **CHAPTER-70** **(1)** **(2)** **(3)** **(4)** **(5)** **7020** **OTHER** **ARTICLES** **OF** **GLASS** 7020 00 _Other articles of glass:_ --- _Glass shells, glass globes and glass founts :_ 7020 00 11 ---- Globes for lamps and lanterns kg. 10% 7020 00 12 ---- Founts for kerosene wick lamps kg. 10% 7020 00 19 ---- Other kg. 10% --- _Glass chimneys :_ 7020 00 21 ---- For lamps and lanterns kg. 10% 7020 00 29 ---- Other kg. 10% 7020 00 90 --- Other kg. 10% ----- **SECTION-XIV** **CHAPTER-71** **SECTION XIV** **NATURAL OR CULTURED PEARLS, PRECIOUS OR SEMI-PRECIOUS STONES,** **PRECIOUS METALS, METALS CLAD WITH PRECIOUS METAL, AND ARTICLES** **THEREOF; IMITATION JEWELLERY; COIN** **CHAPTER** **71** **_Natural or cultured pearls, precious or semi-precious stones, precious metals, metals clad with_** **_precious metal, and articles thereof; imitation jewellery; coin_** **NOTES** **:** 1. Subject to Note 1 (a) to Section VI and except as provided below, all articles consisting wholly or partly: _(a)_ of natural or cultured pearls or of precious of semi-precious stones (natural, synthetic or reconstructed); or _(b)_ of precious metal or of metal clad with precious metal, are to be classified in this Chapter. 2. (A) Headings 7113, 7114 and 7112.5 do not cover articles in which precious metal or metal clad with precious metal is present as minor constituents only, such as minor fittings or minor ornamentation (for example, monograms, ferrules and rims) and paragraph (b) of the foregoing Note does not apply to such articles. (B) Heading 7116 does not cover articles containing precious metal or metal clad with precious metal (other than as minor constituents). 3. This Chapter does not cover: _(a)_ amalgams of precious metal, or colloidal precious metal (heading 2843); _(b)_ sterile surgical suture materials, dental fillings or other goods of Chapter 30; _(c)_ goods of Chapter 32 (for example, lusters); _(d)_ supported catalysts (heading 3812.5); _(e)_ articles of heading 4202 or 4203 referred to in Note 2 (B) to Chapter 42; _(f)_ articles of heading 4303 or 4304; _(g)_ goods of Section XI (textiles and textile articles); _(h)_ footwear, headgear or other articles of Chapter 64 or 65; (ij) umbrellas, walking-sticks or other articles of Chapter 66; (k) abrasive goods of heading 6804 or 6805 or Chapter 82, containing dust or powder of precious or semi-precious stones (natural or synthetic); articles of Chapter 82 with a working part of precious or semi-precious stones (natural, synthetic or reconstructed); machinery, mechanical appliances or electrical goods, or parts thereof, of Section XVI. However, articles and parts thereof, wholly of precious or semi-precious stones (natural, synthetic or reconstructed) remain classified in this Chapter, except unmounted worked sapphires and diamonds for styli (heading 8522); (l) articles of Chapter 90, 91 or 92 (scientific instruments, clocks and watches, musical instruments); ----- **SECTION-XIV** **CHAPTER-71** (m) arms or parts thereof (Chapter 93); (n) articles covered by Note 2 to Chapter 95; (o) articles classified in Chapter 96 by virtue of Note 4 to that Chapter; or (p) original sculptures or statutory (heading 9703), collectors‗ pieces (heading 9705) or antiques of an age exceeding one hundred years (heading 9706), other than natural or cultured pearls or precious or semi-precious stones. 4. (A) The expression ―precious metal‖ means silver, gold and platinum. (B) The expression ―platinum‖ means platinum, iridium, osmium, palladium, rhodium and ruthenium. (C) The expression ―precious or semi-precious stones‖ does not include any of the substances specified in Note 2 (b) to Chapter 96. 5. For the purposes of this Chapter, anyalloy(includinga sintered mixture and an inter-metallic compound) containing precious metal is to be treated as an alloy of precious metal if any one precious metal constitutes as much as 2% by weight, of the alloy. Alloys of precious metal are to be classified according to the following rules: (a) an alloy containing 2% or more, by weight, of platinum is to be treated as an alloy of platinum; (b) an alloy containing 2% or more, by weight, of gold but not platinum, or less than 2% by weight, of platinum, is to be treated as an alloy of gold; (c) other alloys containing 2% or more, by weight, of silver are to be treated as alloys of silver. 6. Except where the context otherwise requires, any reference in this Schedule to precious metal or to any particular precious metal includes a reference to alloys treated as alloys of precious metal or of the particular metal in accordance with the rules in Note 5 above, but not to metal clad with precious metal or to base metal or non-metals plated with precious metal. 7. Throughout this Schedule, the expression ‗‗metal clad with precious metal‖ means material made with a base of metal upon one or more surfaces of which there is affixed by soldering, brazing, welding, hotrolling or similar mechanical means a covering of precious metal. Except where the context otherwise requires, the expression also covers base metal inlaid with precious metal. 8. Subject to Note 1 (a) to Section VI, goods answering to a description in heading 7112 are to be classified in that heading and in no other heading of this Schedule. 9. For the purposes of heading 7113, the expression ―articles of jewellery‖ means: _(a)_ any small objects of personal adornment (for example, rings, bracelets, necklaces, brooches, ear-rings, watch-chains, fobs, pendants, tie-pins, cuff-links, dress-studs, religious or other medals and insignia); and _(b)_ articles of personal use of a kind normally carried in the pocket, in the handbag or on the person (for example,cigar or cigarette cases, snuff boxes, cachou or pill boxes, powder boxes, chain purses or prayer beads). These articles may be combined or set, for example, with natural or cultured pearls, precious or semi-precious stones, synthetic or reconstructed precious or semi-precious stones, tortoise shell, motherof-pearl, ivory, natural or reconstituted amber, jet or coral. 10. For the purposes of heading 7114, the expression "articles of goldsmiths' or silversmiths' wares" ----- **SECTION-XIV** **CHAPTER-71** includes such articles as ornaments, table-ware, toilet-ware, smokers' requisites and other articles of household, office or religious use. 11. For the purposes of heading 7117, the expression ―imitation jewellery‖ means articles of jewellery within the meaning of paragraph (a) of Note 9 above (but not including buttons or other articles of heading 9606, or dress-combs, hair-slides or the like, or hairpins, of heading 9612.5), not incorporating natural or cultured pearls, precious or semi-precious stones (natural, synthetic or reconstructed) nor (except as plating or as minor constituents) precious metal or metal clad with precious metal. **SUB-HEADING** **NOTES** **:** 1. For the purposes of sub-headings 7106 10, 7108 11, 7110 11, 7110 21, 7110 31 and 7110 41, the expressions ―powder‖ and ―in powder form‖ mean products of which 90% or more by weight passes through a sieve having a mesh aperture of 0.5 mm. 2. Notwithstanding the provisions of Chapter Note 4(B), for the purposes of sub-headings 7110 11 and 7110 19, the expression ―platinum‖ does not include iridium, osmium, palladium, rhodium or rutheniu 3. For the classification of alloys in the sub-headings of heading 7110, each alloy is to be classified with that metal, platinum, palladium, rhodium, iridium, osmium or ruthenium which predominates by weight over each other of these metals. **Supplementary Note:** For the purposes of heading 7104, ―Diamonds‖ means (a) chemically produced stones which have essentially the same chemical composition and crystal structure as a particular natural diamond and are produced using various methods including High Pressure High Temperature method (HPHT) and Chemical Vapour Deposition method (CVD); or (b) stones obtained artificially by various means, e.g., agglomerating, pressing or fusing together (usually with the aid of a blow pipe) fragments of natural diamonds which have generally been reduced to a powder. **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard** **Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **I.—NATURAL OR CULTURED PEARLS AND** **PRECIOUS OR SEMI-PRECIOUS STONES** **7101** **PEARLS, NATURAL OR CULTURED, WHETHER OR NOT** **WORKED OR GRADED BUT NOT STRUNG, MOUNTED OR** **SET;** **PEARLS,** **NATURAL OR CULTURED,** **TEMPORARILY** **STRUNG FOR CONVENIENCE OF TRANSPORT** 7101 10 - _Natural pearls :_ 7101 10 10 --- Unworked kg. 5% 7101 10 20 7101 21 00 -- - Worked _Cultured pearls :_ Unworked kg. kg. 10% 5% 7101 22 00 W k d k 10% ----- **SECTION-XIV** **CHAPTER-71** 7102 10 00 - Unsorted c/k 10% - _Industrial :_ 7102 21 -- _Unworked or simply sawn, cleaved or bruted:_ 7102 21 10 --- Sorted c/k 10% 7102 21 20 --- Unsorted c/k 10% 7102 29 -- _Other :_ 7102 29 10 --- Crushed c/k 10% 7102 29 90 7102 31 00 -- - Other _Non-industrial_ _:_ Unworked or simply sawn, cleaved or bruted c/k c/k 10% 10% 7102 39 -- _Others :_ 7102 39 10 --- Diamond, cut or otherwise worked but not c/k 10% c/k 7102 39 90 -- mounted or set Other 10% **7103** **PRECIOUS STONES (OTHER THAN DIAMONDS)** **AND SEMI-** **PRECIOUS STONES, WHETHER OR NOT WORKED OR** **GRADED BUT NOT STRUNG, MOUNTED OR SET;** **UNGRADED** **PRECIOUS** **STONES** **(OTHER** **THAN** **DIAMONDS) AND** **SEMI-PRECIOUS** **STONES,** **TEMPORARILY** **STRUNG** **FOR** **CONVENIENCE** **OF** **TRANSPORT** 7103 10 - Unworked or simply sawn or roughly shaped: --- Precious or semi-precious stones of ―Beryl‖ and ―Chrysoberyl‖ mineralogical species: 7103 10 31 ---- Emerald kg. 10% 7103 10 32 ---- Yellow/golden/pink/red/green beryl kg. 10% 7103 10 33 ---- Chrysoberyl (including chrysoberyl cat‗s eye) kg. 10% 7103 10 34 ---- Alexandrite (including alexandrite cat‗s eye) kg. 10% 7103 10 39 7103 10 41 --- -- --- Other Precious or semi-precious stones of ―Corundum‖ and ―Feldspar‖ mineralogical species: Ruby kg. kg. 10% 10% 7103 10 42 ---- Sapphire kg. 10% 7103 10 43 ---- Moonstone kg. 10% 7103 10 49 7103 10 51 --- -- --- Other Precious or semi-precious stones of ―Garnet‖ and ―Lazurite‖ mineralogical species: Garnet kg. kg. 10% 10% 7103 10 52 ---- Lapis-lazuli kg. 10% 7103 10 59 7103 10 61 --- -- --- Other Precious or semi-precious stones of ―Prehnite‖ and ―Quartz‖ mineralogical species: Prehnite kg. kg. 10% 10% 7103 10 62 ---- Agate kg. 10% 7103 10 63 ---- Aventurine kg. 10% 7103 10 64 ---- Chalcedony kg. 10% 7103 10 69 --- -- Other Precious or semi-precious stones of ―Tourmaline‖ and ―Zoisite‖ mineralogical species: kg. 10% ----- **SECTION-XIV** **CHAPTER-71** **(1)** **(2)** **(3)** **(4)** **(5)** 7103 10 71 ---- Tourmaline kg. 10% 7103 10 72 ---- Tanzanite kg. 10% 7103 10 79 ---- Other kg. 10% 7103 10 90 --- Other kg. 10% - _Otherwise worked:_ 7103 91 -- _Ruby, sapphire and emeralds:_ 7103 91 10 --- Ruby c/k 10% 7103 91 20 --- Sapphire c/k 10% 7103 91 30 --- Emeralds c/k 10% 7103 99 -- _Other:_ --- Precious or semi-precious stones of ―Beryl‖ and ―Chrysoberyl‖ mineralogical species, other than ―Emerald‖: 7103 99 11 ---- Yellow/golden/pink/red/green beryl c/k 10% 7103 99 12 ---- Chrysoberyl (including chrysoberyl cat‗s eye) c/k 10% 7103 99 13 ---- Alexandrite (including alexandrite cat‗s eye) c/k 10% 7103 99 19 ---- Other c/k 10% --- Precious or semi-precious stones of ―Corundum‖ and ―Feldspar‖ mineralogical species, other than ―Ruby‖ and ―Sapphire‖: 7103 99 21 ---- Moonstone c/k 10% 7103 99 29 ---- Other c/k 10% --- Precious or semi-precious stones of ―Garnet‖ and ―Lazurite‖ mineralogical species: 7103 99 31 ---- Garnet c/k 10% 7103 99 32 ---- Lapis-lazuli c/k 10% 7103 99 39 ---- Other c/k 10% --- Precious or semi-precious stones of ―Prehnite‖ and ―Quartz‖ mineralogical species: 7103 99 41 ---- Prehnite c/k 10% 7103 99 42 ---- Agate c/k 10% 7103 99 43 ---- Aventurine c/k 10% 7103 99 44 ---- Chalcedony c/k 10% 7103 99 49 ---- Other c/k 10% --- Precious or semi-precious stones of ―Tourmaline‖ and ―Zoisite‖ mineralogical species: 7103 99 51 ---- Tourmaline c/k 10% 7103 99 52 ---- Tanzanite c/k 10% 7103 99 59 ---- Other c/k 10% 7103 99 90 --- Other c/k 10% **7104** **SYNTHETIC** **OR** **RECONSTRUCTED** **PRECIOUS** **OR** **SEMI-** **PRECIOUS** **STONES,** **WHETHER** **OR** **NOT** **WORKED** **OR** **GRADED BUT NOT STRUNG,** **MOUNTED OR SET;** **UNGRADED SYNTHETIC OR RECONSTRUCTED PRECIOUS** **OR SEMI-PRECIOUS STONES,** **TEMPORARILY STRUNG** **FOR CONVENIENCE OF TRANSPORT** ----- **SECTION-XIV** **CHAPTER-71** **(1)** **(2)** **(3)** **(4)** **(5)** 7104 10 00 - Piezo-electric quartz kg. 10% - _Other, unworked or simply sawn or roughly_ _shaped:_ 7104 21 -- _Diamonds :_ 7104 21 10 --- Industrial c/k 10% 7104 21 20 --- Non-industrial c/k 10% 7104 29 00 -- Other kg. 10% - _Other:_ 7104 91 7104 91 10 7104 91 20 - -- -- _Diamonds :_ Industrial Non-industrial c/k c/k 10% 10% 7104 99 00 -- Other kg. 15% **7105** **DUST AND POWDER** **OF NATURAL OR** **SYNTHETIC** **PRECIOUS** **OR** **SEMI-PRECIOUS** **STONES** 7105 10 - _Of diamonds :_ 7105 10 10 --- Of heading 7102 c/k 10% 7105 10 20 --- Of heading 7104 c/k 10% 7105 90 00 - Other c/k 10% **II.—PRECIOUS METALS AND METALS CLAD** **WITH PRECIOUS METAL** **7106** 7106 10 00 7106 91 - **SILVER** **(INCLUDING SILVER PLATED WITH GOLD OR** **PLATINUM), UNWROUGHT OR IN SEMI-MANUFACTURED** **FORMS, OR IN POWDER FORM** Powder kg. _Other :_ Unwrought: 10% 7106 91 10 --- Grains kg. 10% 7106 91 90 --- Other kg. 10% 7106 92 -- _Semi-manufactured_ _:_ 7106 92 10 --- Sheets, plates, strips, tubes and pipes kg. 10% 7106 92 20 --- Bar kg. 10% 7106 92 90 --- Other kg. 10% **7107 00 00** **BASE** **METALS** **CLAD** **WITH** **SILVER,** **NOT** **FURTHER** kg. **WORKED THAN SEMI-MANUFACTURED** **7108** **GOLD (INCLUDING GOLD PLATED WITH PLATINUM)** **UNWROUGHT OR IN SEMI-MANUFACTURED FORMS,** **OR** **IN POWDER** **FORM** 10% _Non-monetary_ _:_ Powder kg. 7108 11 00 - 10% 7108 12 00 -- Other unwrought forms kg. 10% 7108 13 00 -- Other semi-manufactured forms kg. 10% 7108 20 00 - Monetary kg. 10% ----- **SECTION-XIV** **CHAPTER-71** **(1)** **(2)** **(3)** **(4)** **(5)** **7110** **PLATINUM,** **UNWROUGHT OR IN SEMI-MANUFACTURED** **FORM, OR IN POWDER FORM** - _Platinum :_ 7110 11 -- _Unwrought or in powder form:_ 7110 11 10 --- Unwrought form kg. 10% 7110 11 20 --- In powder form kg. 10% 7110 19 00 -- Other kg. 10% - _Palladium:_ 7110 21 00 -- Unwrought or in powder form kg. 10% 7110 29 00 -- Other kg. 10% - _Rhodium :_ 7110 31 00 -- Unwrought or in powder from kg. 2.5% 7110 39 00 -- Other kg. 2.5% - _Iridium, osmium and ruthenium :_ 7110 41 00 -- Unwrought or in powder from kg. 10% 7110 49 00 -- Other kg. 10% **7111 00 00** **BASE** **METALS,** **SILVER** **OR** **GOLD,** **CLAD** **WITH** kg. 10% **PLATINUM,** **NOT** **FURTHER** **WORKED** **THAN** **SEMI-** **MANUFACTURED** **7112** **WASTE** **AND** **SCRAP** **OF** **PRECIOUS** **METAL** **OR OF** **METAL CLAD** **WITH** **PRECIOUS METAL;** **OTHER** **WASTE AND SCRAP CONTAINING PRECIOUS METAL** **OR PRECIOUS** **METAL** **COMPOUNDS,** **OF A** **KIND** **USED PRINCIPALLY** **FOR THE** **RECOVERY** **OF** **PRECIOUS METAL OTHER THAN GOODS OF HEADING** **8549** 7112 30 00 - Ash containing precious metal or precious kg. 10% metal compounds - _Other :_ 7112 91 00 -- Of gold, including metal clad with gold but kg. 10% excluding sweepings containing other precious metals 7112 92 00 -- Of platinum, including metal clad with kg. 10% platinum but excluding sweepings containing other precious metals 7112 99 -- _Other :_ 7112 99 10 --- Of silver, including metal clad with silver but kg. 10% excluding sweepings containing other precious metals 7112 99 20 --- Sweepings containing gold or silver kg. 10% 7112 99 90 --- Other kg. 10% ----- **SECTION-XIV** **CHAPTER-71** **(1)** **(2)** **(3)** **(4)** **(5)** **III.—JEWELLERY, GOLDSMITHS’ AND** **SILVERSMITHS’ WARES AND OTHER** **ARTICLES** **7113** **ARTICLES** **OF** **JEWELLERY** **AND** **PARTS** **THEREOF,** **OF** **PRECIOUS METAL OR OF METAL CLAD WITH PRECIOUS** **METAL** - _Of precious metal whether or not plated or_ _clad with precious metal:_ 7113 11 -- _Of silver, whether or not plated or clad with_ _other precious metal:_ 7113 11 10 --- Jewellery with filigree work kg. 25% --- _Other Jewellery :_ 7113 11 41 ---- Unstudded kg. 25% 7113 11 42 ---- Studded with pearls kg. 25% 7113 11 43 ---- Studded with diamonds of heading 7102 kg. 25% 7113 11 44 ---- Studded with diamonds of heading 7104 kg. 25% 7113 11 45 ---- Studded with other precious and semi-precious kg. 25% stones 7113 11 49 ---- Other kg. 25% 7113 11 90 --- Parts kg. 25% 7113 19 -- _Of other precious metal, whether or not plated_ _or clad with precious metal :_ --- _Of gold :_ 7113 19 11 ---- Unstudded kg. 25% 7113 19 12 ---- Studded with pearls kg. 25% 7113 19 13 ---- Studded with diamonds of heading 7102 kg. 25% kg. kg. kg. kg. kg. kg. kg. kg. kg. 7113 19 14 7113 19 15 7113 19 19 7113 19 21 7113 19 22 7113 19 23 7113 19 24 7113 19 25 7113 19 29 --- --- --- **_---_** --------------- --- Studded with diamonds of heading 7104 Studded with other precious and semi-precious stones Other _Of platinum :_ Unstudded Studded with pearls Studded with diamonds of heading 7102 Studded with diamonds of heading 7104 Studded with other precious and semi-precious stones Other 25% 25% 25% 25% 25% 25% 25% 25% 25% 7113 19 60 --- Parts kg. 25% 7113 19 90 --- Other kg. 25% 7113 20 00 - Of base metal clad with precious metal kg. 25% **7114** **ARTICLES** **OF** **GOLDSMITHS’ OR** **SILVERSMITHS’ WARES** **AND PARTS THEREOF,** **OF PRECIOUS METAL OR OF** **METAL CLAD WITH PRECIOUS METAL** _Of precious metal, whether or not plated or_ _clad with precious metal :_ _Of silver,_ _whether or not plated or clad with_ _precious metal :_ 7114 11 - ----- **SECTION-XIV** **CHAPTER-71** 7114 19 -- _Of other precious metal, whether or not plated_ _or_ _clad with precious metal :_ 7114 19 10 --- Articles of gold kg. 25% 7114 19 20 --- Articles of platinum kg. 25% 7114 19 30 --- Parts kg. 25% 7114 20 - _Of base metal clad with precious metal :_ 7114 20 10 --- Articles clad with gold kg. 25% 7114 20 20 --- Other articles kg. 25% 7114 20 30 --- Parts kg. 25% **7115** **OTHER** **ARTICLES** **OF** **PRECIOUS** **METAL** **OR** **OF** **METAL CLAD WITH PRECIOUS METAL** 7115 10 00 7115 90 Catalysts in the from of wire cloth or grill, of platinum _Other:_ kg. 10% 7115 90 10 --- Laboratory and industrial articles of kg. 10% kg. 7115 90 20 -- precious metal Spinneret‗s made mainly of gold 10% 7115 90 90 --- Other kg. 10% **7116** 7116 10 00 kg. **ARTICLES** **OF** **NATURAL** **OR** **CULTURED** **PEARLS,** **PRECIOUS OR SEMI-PRECIOUS STONES(NATURAL,** **SYNTHETIC OR RECONSTRUCTED)** Of natural or cultured pearls 10% 7116 20 00 - Of precious or semi-precious stones (natural, synthetic or reconstructed) kg. 10% **7117** 7117 11 00 - **IMITATION** **JEWELLERY** _Of base metal, whether or not plated with_ _precious metal :_ Cuff-links and studs 7117 11 00 -- Cuff-links and studs kg. 25% or Rs. 600 per kg. whichever is higher 7117 19 -- _Other :_ 7117 19 10 --- Bangles kg. 25% or Rs. 600 per kg. whichever is higher 7117 19 20 --- German silver jewellery kg. 25% or Rs. 600 per kg. whichever is higher 7117 19 90 --- Other kg. 25% or Rs. 600 per kg. whichever is higher 7117 90 - _Other :_ kg. 7117 90 10 --- Jewellery studded with imitation pearls or kg. 25% or Rs. imitation or synthetic stones 600 per kg. whichever is higher 7117 90 90 --- Other kg. 25% or Rs. 600 per kg. ----- **SECTION-XIV** **CHAPTER-71** **7118** **COIN** 7118 10 00 - Coin (other than gold coin), not being legal kg. 10% tender 7118 90 00 - Other kg. 10% ----- **SECTION-XV** **CHAPTER-72** **SECTION XV** **BASE METALS AND ARTICLES OF BASE METAL** **NOTES** **:** 1. This Section does not cover : (a) prepared paints, inks or other products with a basis of metallic flakes or powder (headings 3207 to 3210, 3212, 3213 or 3215); (b) ferro-cerium or other pyrophoric alloys (heading 3606); (c) headgear or parts thereof of heading 6506 or 6507; (d) umbrella frames or other articles of heading 6603; (e) goods of Chapter 71 (for example, precious metal alloys, base metal clad with precious metal, imitation jewellery); (f) articles of Section XVI (machinery, mechanical appliances and electrical goods); (g) assembled railway or tramway track (heading 8608) or other articles of Section XVII (vehicles, ships and boats, aircraft); (h) instruments or apparatus of Section XVIII, including clock or watch springs; (ij) lead shot prepared for ammunition (heading 9306) or other articles of Section XIX (arms and ammunition); (k) articles of Chapter 94 (for example, furniture, mattress supports, luminaires and lighting fittings, illuminated signs, prefabricated buildings); (l) articles of Chapter 95 (for example, toys, games, sports requisites); (m) hand sieves, buttons, pens, pencil-holders, pen nibs, monopods, bipods, tripods and similar articles or other articles of Chapter 96 (miscellaneous manufactured articles); or" (n) articles of Chapter 97 (for example, works of art). 2. Throughout this Schedule, the expression ―parts of general use‖ means : (a) articles of heading 7307, 7312, 7315, 7317 or 7318 and similar articles of other base metal, other than articles specially designed for use exclusively in implants in medical, surgical, dental or veterinary sciences (heading 9021); (b) springs and leaves for springs, of base metal, other than clock or watch springs (heading 9114); and (c) articles of headings 8301, 8302, 8308, 8310 and frames and mirrors, of base metal, of heading 8306. In Chapters 73 to 76 and 78 to 82 (but not in heading 7315) references to parts of goods do not include references to parts of general use as defined above. Subject to the preceding paragraph and to Note 1 to Chapter 83, the articles of Chapter 82 or 83 are excluded from Chapters 72 to 76 and 78 to 81. 3. Throughout this Schedule, the expression ―base metals‖ means : iron and steel, copper, nickel, aluminium, lead, zinc, tin, tungsten (wolfram), molybdenum, tantalum, magnesium, cobalt, bismuth, cadmium, titanium, zirconium, antimony, manganese, beryllium, chromium, germanium, vanadium, gallium, hafnium, indium, niobium(columbium), rhenium and thallium. 4. Throughout this Schedule, the term ―cermets‖ means products containing a microscopic heterogenous combination of a metallic component and a ceramic component. The term ―cermets‖ includes sintered metal carbides (metal carbides sintered with a metal). 5. Classification of alloys (other than ferro-alloys and master alloys as defined in Chapters 72 and 74) : (a) an alloy of base metals is to be classified as an alloy of the metal which predominates by weight over each of the other metals; ----- **SECTION-XV** **CHAPTER-72** (b) an alloy composed of base metals of this Section and of elements not falling within this Section is to be treated as an alloy of base metals of this Section if the total weight of such metals equals or exceeds the total weight of the other elements present; (c) in this Section, the term ―alloys‖ includes sintered mixtures of metal powders, heterogeneous intimate mixtures obtained by melting (other than cermets) and intermetallic compounds. 6. Unless the context otherwise requires, any reference in this Schedule to a base metal includes a reference to alloys which, by virtue of Note 5 above, are to be classified as alloys of that metal. 7. Classification of composite articles : Except where the headings otherwise require, articles of base metal (including articles of mixed materials treated as articles of base metal under the General Interpretive Rules) containing two or more base metals areto be treated as articles of the base metal predominating by weight over each of the other metals. For this purpose: (a) iron and steel, or different kinds of iron or steel, are regarded as one and the same metal; (b) an alloy is regarded as being entirely composed of that metal as an alloy of which, by virtue of Note 5, it is classified; and (c) a cermet of heading 8113 is regarded as a single base metal. 8. In this Section, the following expressions have the meanings hereby assigned to them : (a) waste and scrap: (i) all metal waste and scrap; (ii) metal goods definitely not usable as such because of breakage, cutting-up, wear or other reasons. (b) Powders: products of which 90% or more by weight passes through a sieve having a mesh aperture of 1 mm. 9. For the purposes of Chapters 74 to 76 and 78 to 81, the following expressions shall have the meanings hereby assigned to them: (a) Bars and rods Rolled, extruded, drawn or forged products, not in coils, which have a uniform solid cross-section along their whole length in the shape of circles, ovals, rectangles (including squares), equilateral triangles or regular convex polygons (including ―flattened circles‖ and ―modified rectangles‖, of which two opposite sides are convex arcs, the other two sides being straight, of equal length and parallel). Products with a rectangular (including square), triangular or polygonal cross-section may have corners rounded along their whole length. The thickness of such products which have a rectangular (including ―modified rectangular‖) cross-section exceeds one-tenth of the width. The expression also covers cast or sintered products, of the same forms and dimensions, which have been subsequently worked after production (otherwise than by simple trimming or descaling), provided that they have not thereby assumed the character of articles or products of other headings. Wire-bars and billets of Chapter 74 with their ends tapered or otherwise worked simply to facilitate their entry into machines for converting them into, for example, drawing stock (wire-rod) or tubes, are however to be taken to be unwrought copper of heading 7403. This provision applies mutatis mutandis to the products of Chapter 81. (b) Profiles Rolled, extruded, drawn, forged or formed products, coiled or not, of a uniform cross-section along their whole length, which do not conform to any of the definitions of bars, rods, wire, plates, sheets, strip, foil, tubes or pipes The expression also covers cast or sintered products of the same forms which have been ----- (c) Wire Rolled, extruded or drawn products, in coils, which have a uniform solid cross-section along their whole length in the shape of circles, ovals, rectangles (including squares), equilateral triangles or regular convex polygons (including ―flattened circles‖ and ―modified rectangles‖, of which two opposite sides are convex arcs, the other two sides being straight, of equal length and parallel). Products with a rectangular (including square), triangular or polygonal cross-section may have corners rounded along their whole length. The thickness of such products which have a rectangular (including ―modified rectangular‖) cross-section exceeds one-tenth of the width. (d) Plates, sheets, strip and foil Flat-surfaced products (other than the unwrought products), coiled or not, of solid rectangular (other than square) cross-section with or without rounded corners (including ―modified rectangles‖ of which two opposite sides are convex arcs, the other two sides being straight, of equal length and parallel) of a uniform thickness, which are: - of rectangular (including square) shape with a thickness not exceeding one-tenth of the width; - of a shape other than rectangular or square, of any size, provided that they do not assume the character of articles or products of other headings. Headings for plates, sheets, strip, and foil apply, inter alia, to plates, sheets, strip, and foil with patterns (for example, grooves, ribs, chequers, tears, buttons, lozenges) and to such products which have been perforated, corrugated, polished or coated, provided that they do not thereby assume the character of articles or products of other headings. (e) Tubes and pipes Hollow products, coiled or not, which have a uniform cross-section with only one enclosed void along their whole length in the shape of circles, ovals, rectangles (including squares), equilateral triangles or regular convex polygons, and which have a uniform wall thickness. Products with a rectangular (including square), equilateral triangular or regular convex polygonal cross-section, which may have corners rounded along their whole length, are also to be considered as tubes and pipes provided the inner and outer cross-sections are concentric and have the same form and orientation. Tubes and pipes of the foregoing cross-sections may be polished, coated, bent, threaded, drilled, waisted, expanded, cone-shaped or fitted with flanges, collars or rings.‗; **CHAPTER** **72** **_Iron and steel_** **NOTES** **:** 1. In this Chapter and, in the case of Notes (d), (e) and (f) throughout this Schedule, the following expressions have the meanings hereby assigned to them: (a) Pig Iron: Iron-carbon alloys not usefully malleable, containing more than 2% by weight of carbon and which may contain by weight one or more other elements within the following limits: - not more than 10% of chromium - not more than 6% of manganese - not more than 3% of phosphorus - not more than 8% of silicon - a total of not more than 10% of other elements. (b) Spiegeleisen: Iron-carbon alloys containing by weight more than 6% but not more than 30% of manganese and otherwise conforming to the specification at (a) above. ( ) F ll ----- **SECTION-XV** **CHAPTER-72** Alloys in pigs, blocks, lumps or similar primary forms, in forms obtained by continuous casting and also in granular or powder forms, whether or not agglomerated, commonly used as an additive in the manufacture of other alloys or as de-oxidants, de-sulphurising agents or for similar uses in ferrous metallurgy and generally not usefully malleable, containing by weight 4% or more of the element iron and one or more of the following: - more than 10% of chromium - more than 30% of manganese - more than 3% of phosphorus - more than 8% of silicon - a total of more than 10% of other elements, excluding carbon, subject to a maximum content of 10% in the case of copper. (d) Steel : Ferrous materials other than those of heading 7203 which (with the exception of certain types produced in the form of castings) are usefully malleable and which contain by weight 2% or less of carbon. However, chromium steels may contain higher proportions of carbon. (e) Stainless steel: Alloy steels containing, by weight, 1.2% or less of carbon and 10.5% or more of chromium, with or without other elements. (f) Other alloy steel : Steels not complying with the definition of stainless steel and containing by weight one or more of the following elements in the proportion shown: - 0.3% or more of aluminum - 0.0008% or more of boron - 0.3% or more of chromium - 0.3% or more of cobalt - 0.4% or more of copper - 0.4% or more of lead - 1.65% or more of manganese - 0.08% or more of molybdenum - 0.3% or more of nickel - 0.06% or more of niobium - 0.6% or more of silicon - 0.05% or more of titanium - 0.3% or more of tungsten (wolfram) - 0.1% or more of vanadium - 0.05% or more of zirconium - 0.1% or more of other elements (except sulphur, phosphorus, carbon and nitrogen), taken separately. (g) Remelting scrap ingots of iron and steel: Products roughly cast in the form of ingots without feeder-heads or hot tops, or of pigs, having obvious surface faults and not complying with the chemical composition of pig iron, spiegeleisen or ferro-alloys. (h) Granules: Products of which less than 90% by weight passes through a sieve with a mesh aperture of 1 mm and of which 90% or more by weight passes through a sieve with a mesh aperture of ----- **SECTION-XV** **CHAPTER-72** 5 mm. (ij) Semi-finished products: Continuous cast products of solid section, whether or not subjected to primary hot-rolling; and other products of solid sections, which have not been further worked than subjected to primaryhot-rolling or roughlyshaped by forging, includingblanksforangles, shapes or sections. These products are not presented in coils. (k) Flat-rolled products : Rolled products of solid rectangular (other than square) cross-section, which do not conform to the definition at (ij) above in the form of: - coils of successively superimposed layers, or - straight lengths, which if of a thickness less than 4.75 mm, are of width measuring at least ten times the thickness or if of a thickness of 4.75 mm or more are of a width which exceeds 150 mm and measures at least twice the thickness. Flat-rolled products include those with patterns in relief derived directly from rolling (for example, grooves, ribs, chequers, tears, buttons and lozenges) and those, which have been perforated, corrugated or polished, provided that they do not thereby assume the character of articles or products of other headings. Flat-rolled products of a shape other than rectangular or square, of any size, are to be classified as products of a width of 600 mm or more, provided that they do not assume the character of articles or products of other headings. (l) Bars and rods, hot-rolled, in irregularly wound coils: Hot-rolled products in irregularly wound coils, which have a solid cross-section in the shape of circles, segments of circles, ovals, rectangles (including squares), triangles, or other convex polygons (including ―flattened circles‖ and ―modified rectangles‖, of which two opposite sides are convex arcs, the other two sides being straight, of equal length and parallel). These products may have indentations, ribs, grooves or other deformations produced during the rolling process (reinforcing bars and rods). (m) Other bars and rods: Products which do not conform to any of the definitions at (ij), (k) or (l) above or to the definition of wire, which have a uniformsolid cross- section alongtheir whole length in the shape of circles, segments of circles, ovals, rectangles (including squares), triangles or other convex polygons (including ―flattened circles‖ and ―modified rectangles‖, of which two opposite sides are convex arcs, the other two sides being straight, of equal length and parallel). The products may: - have indentations, ribs, grooves or other deformations produced during the rolling process (reinforcing bars and rods); - be twisted after rolling. (n) Angles, shapes and sections: Products having a uniform solid cross-section along their whole length which do not conform to any of the definitions at (ij), (k), (l) or (m) above or to the definition of wire. Chapter 72 does not include products of heading 7301 or 7302. (o) Wire: ----- **SECTION-XV** **CHAPTER-72** Cold-formed products in coils, of any uniform solid cross-section along their whole length, which do not conform to the definition of flat-rolled products. (p) Hollow drill bars and rods: Hollow bars and rods of any cross-section, suitable for drills, of which the greatest external dimension of the cross-section exceeds 15 mm but does not exceed 52 mm, and of which the greatest internal dimension does not exceed one half of the greatest external dimension. Hollow bars and rods of iron or steel not conforming to this definition are to be classified in heading 7304. 2. Ferrous metals clad with another ferrous metal are to be classified as products of the ferrous metal predominating by weight. 3. Iron or steel products obtained by electrolytic deposition, by pressure casting or by sintering are to be classified, according to their form, their composition and their appearance, in the headings of this Chapter appropriate to similar hot-rolled products. **SUB-HEADING** **NOTES** **:** 1. In this Chapter, the following expressions have the meanings hereby assigned to them: (a) Alloy pig iron: Pigironcontaining, byweight, one or more of thefollowingelements in the specifiedproportions: - more than 0.2% of chromium - more than 0.3% of copper - more than 0.3% of nickel - more than 0.1% of any of the following elements: aluminium, molybdenum, titanium, tungsten (wolfram), vanadium. (b) Non-alloy free-cutting steel: Non-alloy steel containing, by weight, one or more of the following elements in the specified proportions: - 0.08% or more of sulphur - 0.1% or more of lead - more than 0.05% of selenium - more than 0.01% of tellurium - more than 0.05% of bismuth. (c) Silicon-electrical steel: Alloy steels containing, by weight, at least 0.6% but not more than 6% of silicon and not more than 0.08% of carbon. They may also contain by weight not more than 1% of aluminium but no other element in a proportion that would give the steel the characteristics of another alloy steel. (d) High speed steel: Alloy steels containing, with or without other elements, at least two of the three elements molybdenum, tungsten and vanadium with a combined content by weight of 7% or more, 0.6% or more of carbon and 3 to 6% of chromium. (e) Silico-manganese steel: Alloy steels containing by weight: - not more than 0.7% of carbon ----- **SECTION-XV** **CHAPTER-72** - 0.5% or more but not more than 1.9% of manganese; and - 0.6% or more but not more than 2.3% of silicon, but no other element in a proportion that would give the steel the characteristics of another alloy steel. 2. For the classification of ferro-alloys in the sub-headings of heading 7202, the following rule should be observed: A ferro-alloy is considered as binary and classified under the relevant sub-heading (if it exists) if only one of the alloy elements exceeds the minimum percentage laid down in Chapter Note 1(c); by analogy, it is considered respectively as ternary or quaternary if two or three alloy elements exceed the minimum percentage. For the application of this rule the unspecified ―other elements‖ referred to in Chapter Note 1(c) must each exceed 10% by weight. **SUPPLEMENTARY** **NOTES** **:** 1. Skelp means hot-rolled narrow strip of width not exceeding 600 mm with rolled (square, slightly round or bevelled) edge. 2. Ferrous metals clad with another ferrous metal are to be classified as products of the ferrous metal predominating by weight. 3. Iron or steel products obtained by electrolytic deposition, by pressure casting by sintering are to be classified, according to their form, their composition and their appearance, in the headings of this Chapter appropriate to similar hot-rolled products. **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard** **Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **I.—PRIMARY MATERIALS; PRODUCTS IN** **GRANULAR OR POWDER FORM** **7201** **PIG** **IRON** **AND** **SPIEGELEISEN** **IN** **PIGS,** **BLOCKS** **OR** **OTHER** **PRIMARY FORMS** 7201 10 00 - Non-alloy pig iron containing by weight 0.5% kg. 5% 7201 20 00 7201 50 _-_ or less of phosphorus Non-alloy pig iron containing by weight more than 0.5% of phosphorus _Alloy pig iron; spiegeleisen :_ kg. 5% 7201 50 10 --- Cast iron kg. 5% 7201 50 90 --- Other kg. 5% **7202** _-_ **FERRO-ALLOYS** _Ferro-manganese :_ 7202 11 00 -- Containing by weight more than 2% of carbon kg. 5% 7202 19 00 -- Other kg. 5% _Ferro-silicon :_ Containing by weight more than 55% of silicon kg. 7202 21 00 _-_ - 5% ----- **SECTION-XV** **CHAPTER-72** 7202 29 00 -- Other kg. 5% 7202 30 00 7202 41 00 _-_ - Ferro-silico-manganese _Ferro-chromium :_ Containing by weight more than 4% of carbon kg. kg. 5% 5% 7202 49 00 -- Other kg. 5% 7202 50 00 - Ferro-silico-chromium kg. 5% 7202 60 00 - Ferro-nickel kg. 2.5% 7202 70 00 - Ferro-molybdenum kg. 5% 7202 80 00 7202 91 00 _-_ - Ferro tungsten and ferro-silico-tungsten _Other :_ Ferro-titaniumand Ferro-silico-titanium kg. kg. 5% 5% 7202 92 00 -- Ferro-vanadium kg. 5% 7202 93 00 -- Ferro-niobium kg. 5% 7202 99 7202 99 11 _--_ _---_ --- _Other :_ _Ferro-phosphorus, Ferro-selenium, Ferro-_ _cobalt,Ferro-columbium, Ferro-zirconium,_ _Ferro-tantalum :_ Ferro-phosphorus kg. 5% 7202 99 12 ---- Ferro-selenium kg. 5% 7202 99 13 ---- Ferro-cobalt kg. 5% 7202 99 14 ---- Ferro-columbium kg. 5% 7202 99 15 ---- Ferro-zirconium kg. 5% 7202 99 16 7202 99 21 7202 99 22 7202 99 31 --- _---_ --- --- _---_ --- Ferro-tantalum _Ferro-silico-zirconium, Ferro-silico-magnesium :_ Ferro-silico-zirconium Ferro-silico-magnesium _Ferro-boron, charge-chrome :_ Ferro-boron kg. kg. kg. kg. 5% 5% 5% 5% 7202 99 32 ---- Charge-chrome kg. 5% 7202 99 90 --- Other kg. 5% **7203** 7203 10 00 7203 90 00 5% 5% **FERROUS PRODUCTS** **OBTAINED BY DIRECT** **REDUCTION OF** **IRON ORE** **AND OTHER SPONGY FERROUS PRODUCTS,** **IN LUMPS, PELLETS OR** **SIMILAR FORMS;** **IRON HAVING MINIMUM PURITY BY WEIGHT OF** **99.94%, IN LUMPS, PELLETS OR SIMILAR FORMS** Ferrous products obtained by direct reduction of kg. iron ore Other kg. **7204** **FERROUS WASTE AND SCRAP; REMELTING** **SCRAP INGOTS** **OF IRON OR STEEL** 7204 10 00 7204 21 7204 10 00 - Waste and scrap of cast iron kg. 5% _-_ _Waste and scrap of alloy steel :_ 7204 21 _--_ _Of stainless steel :_ 7204 21 10 --- Empty or discharged cartridges of all bores and sizes kg. 5% 7204 21 90 --- Other kg. 5% 7204 29 _-- Other :_ 7204 29 10 --- Empty or discharged cartridges of all bores and sizes kg. 5% _-_ _--_ ----- **SECTION-XV** **CHAPTER-72** **(1)** **(2)** **(3)** **(4)** **(5)** 7204 29 20 --- Of high speed steel kg. 5% 7204 29 90 --- Other kg. 5% 7204 30 00 - Waste and scrap of tinned iron or steel kg. 5% _- Other waste and scrap :_ 7204 41 00 -- Turnings, shavings, chips, millingwaste, saw dust, kg. 5% fillings, trimmingsandstampings, whether or not in bundles 7204 49 00 -- Other kg. 5% 7204 50 00 - Remelting scrap ingots kg. 5% **7205** **GRANULES** **AND** **POWDERS,** **OF** **PIG** **IRON,** **SPIEGELEISEN,** **IRON** **OR** **STEEL** 7205 10 - _Granules :_ _--- Of iron :_ 7205 10 11 ---- Shot and angular grit kg. 5% 7205 10 12 ---- Wire pellets kg. 5% 7205 10 19 ---- Other kg. 5% _--- Of alloy steel :_ 7205 10 21 ---- Shot and angular grit kg. 5% 7205 10 22 ---- Wire pellets kg. 5% 7205 10 29 ---- Other kg. 5% 7205 10 90 _---_ Other _kg._ 5% _-_ _- Powders :_ 7205 21 00 -- Of alloy steel kg. 5% 7205 29 _-- Other :_ 7205 29 10 --- Of iron kg. 5% 7205 29 90 --- Other kg. 5% **II.—IRON AND NON-ALLOY STEEL** **7206** **IRON** **AND** **NON-ALLOY** **STEEL** **IN** **INGOTS** **OR** **OTHER** **PRIMARY FORMS (EXCLUDING IRON OF HEADING** **7203)** 7206 10 _- Ingots :_ 7206 10 10 --- Of iron kg. 15% 7206 10 20 --- Of high carbon steel kg. 15% 7206 10 90 --- Other kg. 15% 7206 90 _- Other :_ _--- Of iron :_ 7206 90 11 ---- Puddled bars and pilings kg. 15% 7206 90 12 ---- Blocks, lumps and similar forms kg. 15% 7206 90 19 ---- Other kg. 15% _--- Other :_ 7206 90 91 ---- Puddled bars and pilings kg. 15% 7206 90 92 ---- Blocks, lumps and similar forms kg. 15% 7206 90 99 ---- Other kg. 15% ----- **SECTION-XV** **CHAPTER-72** **(1)** **(2)** **(3)** **(4)** **(5)** **7207** **SEMI-FINISHED** **PRODUCTS** **OF** **IRON** **OR** **NON-ALLOY** **STEEL** _- Containing by weight less than_ 0.20% of carbon : 7207 11 _-- Of rectangular (including square) cross-_ _section, the width measuring less than twice the_ _thickness :_ 7207 11 10 --- Electrical quality kg. 15% 7207 11 20 --- Forgingquality kg. 15% 7207 11 30 --- Seamless steel tube quality kg. 15% 7207 11 90 --- Other kg. 15% 7207 12 _-- Other, of rectangular (other than square)_ _cross-section :_ 7207 12 10 --- Electrical quality kg. 15% 7207 12 20 --- Forgingquality kg. 15% 7207 12 30 --- Seamless steel tube quality kg. 15% 7207 12 90 --- Other kg. 15% 7207 19 _-- Other :_ 7207 19 10 --- Forged blanks of non-alloy steel kg. 15% 7207 19 20 --- Mild steel billets kg. 15% 7207 19 90 --- Other kg. 15% 7207 20 _- Containing by weight_ 0.25% or more of carbon : 7207 20 10 --- Forgingquality kg. 15% 7207 20 20 --- Spring steel quality kg. 15% 7207 20 30 --- Seamless steel tube quality kg. 15% 7207 20 90 --- Other kg. 15% **7208** **FLAT-ROLLED** **PRODUCTS** **OF** **IRON** **OR** **NON-ALLOY** **STEEL, OF A WIDTH OF** **600 MM OR MORE, HOT-** **ROLLED, NOT CLAD, PLATED OR COATED** 7208 10 00 - In coils, not further worked than hot-rolled, with kg. 15% patterns in relief _- Other, in coils, not further worked than hot-_ _rolled, pickled :_ 7208 25 _-- Of a thickness of 4.75 mm or more :_ 7208 25 10 --- Plates kg. 15% 7208 25 20 --- Universal plates kg. 15% 7208 25 30 --- Sheets kg. 15% 7208 25 40 --- Strip kg. 15% 7208 25 90 --- Other kg. 15% 7208 26 _-- Of a thickness of 3 mm or more but less than 4.75_ _mm :_ 7208 26 10 --- Plates kg. 15% 7208 26 20 --- Universal plates kg. 15% 7208 26 30 --- Sheets kg. 15% 7208 26 40 --- Strip kg. 15% 7208 26 90 --- Other kg. 15% 7208 27 _-- Of a thickness of less than 3 mm :_ ----- **SECTION-XV** **CHAPTER-72** **(1)** **(2)** **(3)** **(4)** **(5)** 7208 27 10 --- Plates kg. 15% 7208 27 20 --- Universal plates kg. 15% 7208 27 30 --- Sheets kg. 15% 7208 27 40 --- Strip kg. 15% 7208 27 90 --- Other kg. 15% _- Other, in coils, not further worked than hot-rolled:_ 7208 36 _-- Of a thickness exceeding_ 10 mm : 7208 36 10 --- Plates kg. 15% 7208 36 20 --- Universal plates kg. 15% 7208 36 30 --- Sheets kg. 15% 7208 36 40 --- Strip kg. 15% 7208 36 90 --- Other kg. 15% 7208 37 _-- Of a thickness of 4.75 mm or more but not_ _exceeding 10 mm :_ 7208 37 10 --- Plates kg. 15% 7208 37 20 --- Universal plates kg. 15% 7208 37 30 --- Sheets kg. 15% 7208 37 40 --- Strip kg. 15% 7208 37 90 --- Other kg. 15% 7208 38 _-- Of a thickness of_ 3 mm or more but less than 4.75 mm : 7208 38 10 --- Plates kg. 15% 7208 38 20 --- Universal plates kg. 15% 7208 38 30 --- Sheets kg. 15% 7208 38 40 --- Strip kg. 15% 7208 38 90 --- Other kg. 15% 7208 39 _-- Of a thickness of less than 3 mm :_ 7208 39 10 --- Plates kg. 15% 7208 39 20 --- Universal plates kg. 15% 7208 39 30 --- Sheets kg. 15% 7208 39 40 --- Strip kg. 15% 7208 39 90 --- Other kg. 15% 7208 40 _- Not in coils, not further worked than hot-rolled, with_ _patterns in relief :_ 7208 40 10 --- Plates kg. 15% 7208 40 20 --- Universal plates kg. 15% 7208 40 30 --- Sheets kg. 15% 7208 40 40 --- Strip kg. 15% 7208 40 90 --- Other kg. 15% _- Other, not in coils, not further worked than_ _hot-rolled :_ 7208 51 _-- Of a thickness exceeding_ 10 mm : 7208 51 10 --- Plates kg. 15% 7208 51 20 --- Universal plates kg. 15% 7208 51 30 --- Sheets kg. 15% 7208 51 40 --- Strip kg. 15% ----- **SECTION-XV** **CHAPTER-72** **(1)** **(2)** **(3)** **(4)** **(5)** 7208 51 90 --- Other kg. 15% 7208 52 7208 52 10 _--_ -- kg. _Of a thickness of 4.75 mm or more but not_ _exceeding 10 mm :_ Plates 15% 7208 52 20 --- Universal plates kg. 15% 7208 52 30 --- Sheets kg. 15% 7208 52 40 --- Strip kg. 15% 7208 52 90 --- Other kg. 15% 7208 53 7208 53 10 _--_ -- _Of a thickness of_ 3 mm or more but less than 4.75 mm : Plates kg. 15% 7208 53 20 --- Universal plates kg. 15% 7208 53 30 --- Sheets kg. 15% 7208 53 40 --- Strip kg. 15% 7208 53 90 --- Other kg. 15% 7208 54 _-- Of a thickness of less than 3 mm :_ 7208 54 10 --- Plates kg. 15% 7208 54 20 --- Universal plates kg. 15% 7208 54 30 --- Sheets kg. 15% 7208 54 40 --- Strip kg. 15% 7208 54 90 --- Other kg. 15% 7208 90 00 - Other kg. 15% **7209** **FLAT-ROLLED PRODUCTS OF IRON OR NON-ALLOY** **STEEL, OF A WIDTH OF 600 MM OR MORE, COLD-** **ROLLED** **(COLD-REDUCED),** **NOT** **CLAD, PLATED** **OR** **COATED** _In coils, not further worked than cold-rolled_ _(cold-reduced) :_ _Of a thickness of 3 mm or more :_ 7209 15 _-_ _--_ 7209 15 10 --- Plates kg. 15% 7209 15 20 --- Sheets kg. 15% 7209 15 30 --- Strip kg. 15% 7209 15 90 --- Other kg. 15% 7209 16 _-- Of a thickness exceeding 1 mm but less than 3 mm :_ 7209 16 10 --- Plates kg. 15% 7209 16 20 --- Sheets kg. 15% 7209 16 30 --- Strip kg. 15% 7209 16 90 --- Other kg. 15% 7209 17 7209 17 10 _--_ -- _Of a thickness of 0.5 mm or more but not_ _exceeding 1 mm :_ Plates kg. 15% 7209 17 20 --- Sheets kg. 15% 7209 17 30 --- Strip kg. 15% 7209 17 90 --- Other kg. 15% ----- **SECTION-XV** **CHAPTER-72** **(1)** **(2)** **(3)** **(4)** **(5)** 7209 18 _-- Of a thickness of less than 0.5 mm :_ 7209 18 10 --- Plates kg. 15% 7209 18 20 --- Sheets kg. 15% 7209 18 30 --- Strip kg. 15% 7209 18 90 --- Other kg. 15% _- Not in coils, not further worked than cold-_ _rolled (cold-reduced) :_ 7209 25 _-- Of a thickness of 3 mm or more :_ 7209 25 10 --- Plates kg. 15% 7209 25 20 --- Sheets kg. 15% 7209 25 30 --- Strip kg. 15% 7209 25 90 --- Other kg. 15% 7209 26 -- _Of a thickness exceeding 1mm but less than 3 mm:_ 7209 26 10 --- Plates kg. 15% 7209 26 20 --- Sheets kg. 15% 7209 26 30 --- Strip kg. 15% 7209 26 90 --- Other kg. 15% 7209 27 _-- Of a thickness of 0.5 mm or more but not_ _exceeding 1 mm :_ 7209 27 10 --- Plates kg. 15% 7209 27 20 --- Sheets kg. 15% 7209 27 30 --- Strip kg. 15% 7209 27 90 --- Other kg. 15% 7209 28 -- _Of a thickness of less than 0.5 mm :_ 7209 28 10 --- Plates kg. 15% 7209 28 20 --- Sheets kg. 15% 7209 28 30 --- Strip kg. 15% 7209 28 90 --- Other kg. 15% 7209 90 00 - Other kg. 15% **7210** **FLAT-ROLLED PRODUCTS** **OF** **IRON** **OR NON-ALLOY STEEL, OF** **WIDTH** **OF** **600 MM** **OR** **MORE, CLAD, PLATED OR COATED** _Plated or coated with tin :_ _Of a thickness of 0.5 mm or more :_ 7210 11 _-_ _--_ 7210 11 10 --- OTS/MR Type kg. 15% 7210 11 90 --- Other kg. 15% 7210 12 -- _Of a thickness of less than 0.5 mm:_ 7210 12 10 --- OTS/MR Type kg. *27.5% 7210 12 90 --- Other kg. *27.5% 7210 20 00 - Plated or coated with lead, including terne-plate kg. 15% 7210 30 _- Electrolytically plated or coated with zinc :_ 7210 30 10 --- Corrugated kg. 15% --- _Other:_ 7210 30 91 ---- Galvannealed 7210 30 99 ---- Other - _Otherwise plated or coated with zinc :_ 7210 41 00 -- Corrugated 7210 49 -- Other: kg. kg. kg. 15% 15% 15% ----- **SECTION-XV** **CHAPTER-72** **(1)** **(2)** **(3)** **(4)** **(5)** 7210 50 00 - Plated or coated with chromium oxides or with kg. 15% chromium and chromium oxides _- Plated or coated with aluminium :_ 7210 61 00 -- Plated or coated with aluminium-zinc alloys kg. 15% 7210 69 00 -- Other kg. 15% 7210 70 00 - Painted, varnished or coated with plastics kg. 15% 7210 90 _- Other :_ 7210 90 10 --- Lacquered kg. 15% 7210 90 90 --- Other kg. 15% **7211** **FLAT-ROLLED** **PRODUCTS** **OF** **IRON** **OR** **NON-ALLOY** **STEEL, OF A WIDTH OF LESS THAN** **600 MM, NOT** **CLAD, PLATED OR COATED** _- Not further worked than hot-rolled :_ 7211 13 00 -- Rolled on four faces or in a closed box pass, of kg. 15% a width exceeding 150 mm and a thickness of not less than 4 mm, not in coils and without patterns in relief 7211 14 _-- Other, of a thickness of 4.75 mm or more :_ 7211 14 10 --- Flats kg. 15% 7211 14 20 --- Universal plates kg. 15% 7211 14 30 --- Hoops kg. 15% 7211 14 40 --- Sheets kg. 15% 7211 14 50 --- Strip kg. 15% 7211 14 60 --- Skelp kg. 15% 7211 14 90 --- Other kg. 15% 7211 19 -- _Other :_ 7211 19 10 --- Flats kg. 15% 7211 19 20 --- Universal plates kg. 15% 7211 19 30 --- Hoops kg. 15% 7211 19 40 --- Sheets kg. 15% 7211 19 50 --- Strip kg. 15% 7211 19 60 --- Skelp kg. 15% 7211 19 90 --- Other kg. 15% _- Not further worked than cold-rolled (cold-reduced) :_ 7211 23 _-- Containing by weight less than 0.25% of carbon:_ 7211 23 10 --- Flats kg. 15% 7211 23 20 --- Universal plates kg. 15% 7211 23 30 --- Hoops kg. 15% 7211 23 40 --- Sheets kg. 15% 7211 23 50 --- Strip kg. 15% 7211 23 90 --- Other kg. 15% 7211 29 _-- Other :_ 7211 29 10 --- Flats kg. 15% 7211 29 20 --- Universal plates kg. 15% ----- **SECTION-XV** **CHAPTER-72** **(1)** **(2)** **(3)** **(4)** **(5)** 7211 29 30 --- Hoops kg. 15% 7211 29 40 --- Sheets kg. 15% 7211 29 50 --- Strip kg. 15% 7211 29 60 --- Skelp kg. 15% 7211 29 90 --- Other kg. 15% 7211 90 _- Other :_ _--- Universal plates :_ 7211 90 11 ---- Of boiler quality kg. 15% 7211 90 12 ---- Of high tensile quality kg. 15% 7211 90 13 ---- Of ship buildingquality kg. 15% 7211 90 90 --- Other kg. 15% **7212** **FLAT-ROLLED PRODUCTS OF IRON OR NON-ALLOY** **STEEL, OF** **A WIDTH OF** **LESS** **THAN 600 MM, CLAD,** **PLATED OR COATED** 7212 10 _- Plated or coated with tin :_ 7212 10 10 --- OTS or MR type kg. 15% 7212 10 90 --- Other kg. 15% 7212 20 _- Electrolytically plated or coated with zinc :_ 7212 20 10 --- Corrugated kg. 15% --- _Other:_ 7212 20 91 ---- Galvannealed kg. 15% 7512 20 99 ---- Other kg. 15% 7212 30 - _Otherwise plated or coated with zinc :_ 7212 30 10 --- Corrugated kg. 15% --- _Other:_ 7212 30 91 ---- Galvannealed kg. 15% 7212 30 99 ---- Other kg. 15% 7212 40 00 - Painted, varnished or coated with plastics kg. 15% 7212 50 - _Otherwise plated or coated :_ 7212 50 10 --- Plated or coated with lead kg. 15% 7212 50 20 --- Lacquered kg. 15% 7212 50 30 --- plated or coated with aluminium kg. 15% 7212 50 40 --- plated or coated with aluminium-zinc alloys kg. 15% 7212 50 90 --- Other kg. 15% 7212 60 00 - Clad kg. 15% **7213** **BARS** **AND** **RODS,** **HOT-ROLLED,** **IN** **IRREGULARLY** **WOUND COILS, OF IRON OR NON-ALLOY STEEL** 7213 10 _- Containing indentations, ribs, grooves or other_ kg. 7213 10 10 -- _deformations produced during the rolling process :_ Of free cutting steel 15% 7213 10 90 --- Other kg. 15% 7213 20 - _Other, of free-cutting steel :_ 7213 20 10 --- Electrode quality kg. 15% 7213 20 20 --- Cold heading quality kg. 15% 7213 20 90 --- Other kg. 15% - _Other :_ 7213 91 -- _Of circular cross-section measuring less than_ ----- **SECTION-XV** **CHAPTER-72** **(1)** **(2)** **(3)** **(4)** **(5)** 7213 91 20 --- Cold heading quality kg. 15% 7213 91 90 --- Other kg. 15% 7213 99 -- _Other :_ 7213 99 10 --- Electrode quality kg. 15% 7213 99 20 --- Cold heading quality kg. 15% 7213 99 90 --- Other kg. 15% **7214** **OTHER BARS AND RODS OF IRON OR NON-ALLOY** **STEEL, NOT FURTHER WORKED THAN FORGED, HOT-** **ROLLED, HOT-DRAWN OR** **HOT-EXTRUDED, BUT** **INCLUDING THOSE TWISTED AFTER ROLLING** 7214 10 _- Forged :_ 7214 10 10 --- Spring steel quality kg. 15% 7214 10 90 --- Other kg. 15% 7214 20 _- Containing indentations, ribs, grooves or other_ _deformations_ _produced during the rolling process or twisted_ _after rolling :_ 7214 20 10 --- Spring steel quality kg. 15% 7214 20 90 --- Other kg. 15% 7214 30 00 - Other, of free cutting steel kg. 15% _- Other :_ 7214 91 _-- Of rectangular (other than square) cross-section :_ 7214 91 10 --- Mild steel bright bar kg. 15% 7214 91 90 --- Other kg. 15% 7214 99 _-- Other :_ 7214 99 10 --- Of spring steel quality kg. 15% 7214 99 90 --- Other kg. 15% **7215** OTHER BARS AND RODS OF IRON OR NON-ALLOY STEEL 7215 10 00 - Of free-cutting steel, not further worked than kg. 15% cold-formed or cold-finished 7215 50 _- Other, not further worked than cold-formed or_ 7215 50 10 -- _cold-finished :_ Mild steel bright bar kg. 15% 7215 50 90 --- Other kg. 15% 7215 90 - _Other :_ 7215 90 10 --- Plated or coated with zinc kg. 15% 7215 90 20 --- Plated or coated with other base metals kg. 15% 7215 90 90 --- Other kg. 15% **7216** **ANGLES,** **SHAPES** **AND** **SECTIONS** **OF** **IRON** **OR** **NON-** **ALLOY STEEL** 7216 10 00 - U, I or H sections, not further worked than hot rolled,hot-drawn or extruded, of a height of less kg. 15% ----- **SECTION-XV** **CHAPTER-72** **(1)** **(2)** **(3)** **(4)** **(5)** than 80 mm _- L or T sections, not further worked than hot-_ _rolled, hot-drawn or extruded, of a height of_ _less than 80 mm :_ 7216 21 00 -- L sections kg. 15% 7216 22 00 -- T sections kg. 15% _- U, I or H sections, not further worked than_ _hot-rolled, hot-drawn or extruded of a height_ _of 80 mm or more :_ 7216 31 00 -- U sections kg. 15% 7216 32 00 -- I sections kg. 15% 7216 33 00 -- H sections kg. 15% 7216 40 00 - L or T sections, not further worked than kg. 15% hot-rolled, hot-drawn or extruded, of a height of 80 mm or more 7216 50 00 - Other angles, shapes and sections, not further kg. 15% worked than hot-rolled, hot-drawn or extruded _- Angles, shapes and sections, not further_ _worked than cold-formed or cold-finished :_ 7216 61 00 -- Obtained from flat-rolled products kg. 15% 7216 69 00 -- Other kg. 15% _- Other:_ 7216 91 00 -- Cold-formed or cold-finished from flat rolled kg. 15% products 7216 99 _-- Other :_ 7216 99 10 --- Plated or coated with zinc kg. 15% 7216 99 20 --- Plated or coated with base metals other than zinc kg. 15% 7216 99 30 --- Slotted angles and slotted channels kg. 15% 7216 99 40 --- Forged kg. 15% 7216 99 90 --- Other kg. 15% **7217** **WIRE** **OF** **IRON** **OR** **NON-ALLOY** **STEEL** 7217 10 _- Not plated or coated, whether or not polished :_ 7217 10 10 --- Of a thickness of 18 SWG and below kg. 15% 7217 10 20 --- Of a thickness above 18 SWG but up to 26 SWG kg. 15% 7217 10 30 --- Of a thickness above 26 SWG kg. 15% 7217 20 _- Plated or coated with zinc :_ 7217 20 10 --- Of a thickness of 18 SWG and below kg. 15% 7217 20 20 --- Of a thickness above 18 SWG but up to 26 SWG kg. 15% 7217 20 30 --- Of a thickness above 26 SWG kg. 15% 7217 30 _- Plated or coated with other base metals :_ 7217 30 10 --- Of a thickness of 18 SWG and below kg. 15% 7217 30 20 --- Of a thickness above 18 SWG but up to 26 SWG kg. 15% 7217 30 30 --- Of a thickness above 26 SWG kg. 15% 7217 90 _- Other :_ ----- **SECTION-XV** **CHAPTER-72** **(1)** **(2)** **(3)** **(4)** **(5)** _--- Shaped and profiled wire :_ 7217 90 11 ---- Of cross section – half round kg. 15% 7217 90 12 ---- Of cross section – flat and rectangular kg. 15% 7217 90 13 ---- Of cross section – ‗z‗ shaped kg. 15% 7217 90 19 ---- Of cross section – other shapes kg. 15% _--- Other :_ 7217 90 91 ---- High tensile quality kg. 15% 7217 90 92 ---- Electrode quality kg. 15% 7217 90 93 ---- Electric resistance wire (includingelectric resistance kg. 15% heating wire) 7217 90 99 ---- Other kg. 15% **III.—STAINLESS STEEL** **7218** **STAINLESS** **STEEL** **IN** **INGOTS** **OR** **OTHER** **PRIMARY** **FORMS; SEMI-FINISHED PRODUCTS OF STAINLESS** **STEEL** 7218 10 00 - Ingots and other primary forms kg. 15% _- Other :_ 7218 91 00 -- Of rectangular (other than square) cross-section kg. 15% 7218 99 _-- Other :_ 7218 99 10 --- Billets kg. 15% 7218 99 90 --- Other kg. 15% **7219** **FLAT-ROLLED PRODUCTS OF STAINLESS STEEL, OF A WIDTH** **OF 600 MM OR MORE** _- Not further worked than hot-rolled, in coils :_ 7219 11 _-- Of a thickness exceeding_ 10 mm : _--- Chromium type :_ 7219 11 11 ---- Not exceeding 14 mm kg. 15% 7219 11 12 ---- Exceeding 14 mm kg. 15% 7219 11 90 --- Other kg. 15% 7219 12 00 -- Of a thickness of 4.75 mm or more but not kg. *22.5% exceeding 10 mm 7219 13 00 -- Of a thickness of 3 mm or more but less than kg. *22.5% 4.75 mm 7219 14 00 -- Of a thickness of less than 3 mm kg. 15% _- Not further worked than hot-rolled, not in coils :_ 7219 21 _-- Of a thickness exceeding_ 10 mm : _--- Universal plates of stainless steel or heat_ _resisting steel and chromium type :_ 7219 21 11 ---- Not exceeding 14 mm kg. 15% 7219 21 12 ---- Exceeding 14 mm kg. 15% _--- Universal plates of stainless steel heat resisting_ _steel, nickel chromium austenitic type:_ *Amended by Notn. No. 48/18 ----- **SECTION-XV** **CHAPTER-72** **(1)** **(2)** **(3)** **(4)** **(5)** 7219 21 21 ---- Not exceeding 14 mm kg. 15% 7219 21 22 7219 21 31 7219 21 32 7219 21 41 --- _---_ --- --- _---_ --- Exceeding 14 mm _Other chromium type :_ Not exceeding 14 mm Exceeding 14 mm _Other nickel chromium austenitic type :_ Not exceeding 14 mm kg. kg. kg. kg. 15% 15% 15% 15% 7219 21 42 ---- Exceeding 14 mm kg. 15% 7219 21 90 --- Other kg. *22.5% 7219 22 _-- Of a thickness of 4.75 mm or more but not_ _exceeding 10 mm :_ _--- Universal plates of stainless steel or heat_ _resisting steel :_ 7219 22 11 ---- Chromium type kg. 15% 7219 22 12 ---- Nickel chromium austenitic type kg. 15% 7219 22 19 7219 22 91 --- _---_ --- Other _Other :_ Chromium type kg. kg. 15% 15% 7219 22 92 ---- Nickel chromium austenitic type kg. 15% 7219 22 99 ---- Other kg. 15% 7219 23 _-- Of a thickness of_ 3 mm or more but less than 4.75 mm : 7219 23 10 --- Chromium type kg. 15% 7219 23 20 --- Nickel chromium austenitic type kg. 15% 7219 23 90 --- Other kg. 15% 7219 24 _-- Of a thickness of less than 3 mm :_ _--- Chromium type, of a thickness :_ 7219 24 11 ---- Below 0.35 mm kg. 15% 7219 24 12 ---- 0.35 mm and above but below 0.56 mm kg. 15% 7219 24 13 ---- 0.56 mm and above but below 0.90 mm kg. 15% 7219 24 19 7219 24 21 --- _---_ --- Other _Nickel chromium austenitic type, of a thickness :_ Below 0.35 mm kg. kg. 15% 15% 7219 24 22 ---- 0.35 mm and above but below 0.56 mm kg. 15% 7219 24 23 ---- 0.56 mm and above but below 0.90 mm kg. 15% 7219 24 29 ---- Other kg. 15% 7219 24 90 --- Other kg. 15% _Not further worked than cold-rolled (cold reduced) :_ _Of a thickness of 4.75 mm or more :_ 7219 31 _-_ _--_ _--- Chromium type :_ 7219 31 11 ---- Not exceeding 14 mm kg. 15% 7219 31 12 ---- Exceeding 14 mm kg. 15% _---_ _Nickel chromium austenitic type :_ 7219 31 21 ---- Not exceeding 14 mm kg. 15% 7219 31 22 ---- Exceeding 14 mm kg. 15% *Amended by Notn. No. 48/18 ----- **SECTION-XV** **CHAPTER-72** **(1)** **(2)** **(3)** **(4)** **(5)** 7219 31 90 --- Other kg. 15% 7219 32 _-- Of a thickness of 3 mm or more but less than 4.75_ _mm :_ 7219 32 10 --- Chromium type kg. 15% 7219 32 20 --- Nickel chromium austenitic type kg. 15% 7219 32 90 --- Other kg. 15% 7219 33 _-- Of a thickness exceeding_ 1 mm but less than 3 mm : _7219 33 10_ _--- Chromium type_ _kg._ 15% _-_ 7219 33 20 --- Nickel chromium austenitic type kg. 15% 7219 33 90 --- Other kg. 15% 7219 34 _-- Of a thickness of 0.5 mm or more but not_ _exceeding 1 mm :_ 7219 34 10 --- Chromium type kg. 15% 7219 34 20 --- Nickel chromium austenitic type kg. 15% 7219 34 90 --- Other kg. 15% 7219 35 _-- Of a thickness of less than 0.5 mm :_ 7219 35 10 --- Chromium type kg. 15% 7219 35 20 --- Nickel chromium austenitic type kg. 15% 7219 35 90 --- Other kg. 15% 7219 90 - _Other :_ --- _Sheets and plates :_ 7219 90 11 ---- Thickness more than 4.75 mm kg. 15% 7219 90 12 ---- Thickness 3 mm to 4.75 mm kg. 15% 7219 90 13 ---- Thickness less than 3 mm kg. 15% 7219 90 90 --- Other kg. *22.5% **7220** **FLAT-ROLLED PRODUCTS OF STAINLESS STEEL, OF A WIDTH** **OF LESS THAN 600 MM** _- Not further worked than hot-rolled :_ 7220 11 _-- Of a thickness of 4.75 mm or more :_ 7220 11 10 --- Skelp for pipes and tubes kg. 15% _--- Strips for pipes and tubes (other than skelp) :_ 7220 11 21 ---- Chromium type kg. 15% 7220 11 22 ---- Nickel chromium austenitic type kg. 15% 7220 11 29 ---- Other kg. 15% 7220 11 90 --- Other kg. 15% 7220 12 _-- Of a thickness of less than 4.75 mm :_ 7220 12 10 --- Skelp for pipes and tubes kg. 15% _--- Strips for pipes and tubes (other than skelp) :_ 7220 12 21 ---- Chromium type kg. 15% 7220 12 22 ---- Nickel chromium austenitic type kg. 15% 7220 12 29 ---- Other kg. 15% 7220 12 90 --- Other kg. 15% 7220 20 _-_ _Not further worked than cold-rolled (cold- reduced) :_ 7220 20 10 --- Skelp for pipes and tubes kg. 15% ----- **SECTION-XV** **CHAPTER-72** **(1)** **(2)** **(3)** **(4)** **(5)** --- _Strips for pipes and tubes (other than skelp) :_ 7220 20 21 ---- Chromium type kg. 15% 7220 20 22 ---- Nickel chromium austenitic type kg. 15% 7220 20 29 ---- Other kg. 15% 7220 20 90 --- Other kg. 15% 7220 90 _- Other :_ 7220 90 10 --- Skelp (strips for pipes and tubes) kg. 15% _--- Strips for pipes and tubes (other than skelp) :_ 7220 90 21 ---- Chromium type kg. 15% 7220 90 22 ---- Nickel chromium austenitic type kg. 15% 7220 90 29 ---- Other kg. 15% 7220 90 90 --- Other kg. 15% **7221** **BARS AND RODS,HOT-ROLLED,IN IRREGULARLYWOUND** **COILS, OF STAINLESS STEEL** 722100 _- Bars and rods, hot-rolled, in irregularly wound coils,_ _of stainless steel :_ _--- Bright bars :_ 7221 00 11 ---- Chromium type kg. 15% 7221 00 12 ---- Nickel chromium austenitic type kg. 15% 7221 00 19 ---- Other kg. 15% 7221 00 90 --- Other kg. 15% **7222** **OTHER** **BARS** **AND** **RODS** **OF** **STAINLESS** **STEEL;** **ANGLES, SHAPES AND SECTIONS OF STAINLESS STEEL** _- Bars and rods, not further worked than hot-rolled,_ _hot-drawn or extruded :_ 7222 11 _-- Of circular cross section :_ _--- Bright bars :_ 7222 11 11 ---- Chromium type kg. 15% 7222 11 12 ---- Nickel chromium austenitic type kg. 15% 7222 11 19 ---- Other kg. 15% _--- Other :_ 7222 11 91 ---- Chromium type kg. 15% 7222 11 92 ---- Nickel chromium austenitic type kg. 15% 7222 11 99 ---- Other kg. 15% 7222 19 _-- Other :_ _--- Bright bars :_ 7222 19 11 ---- Chromium type kg. 15% 7222 19 12 ---- Nickel chromium austenitic type kg. 15% 7222 19 19 ---- Other kg. 15% _--- Other :_ 7222 19 91 ---- Chromium type kg. 15% 7222 19 92 ---- Nickel chromium austenitic type kg. 15% 7222 19 99 ---- Other kg. 15% ----- **SECTION-XV** **CHAPTER-72** **(1)** **(2)** **(3)** **(4)** **(5)** 7222 20 _-_ _---_ _Bars and rods, not further worked than cold-formed_ _or cold-finished :_ _Bright bars :_ 7222 20 11 ---- Chromium type kg. 15% 7222 20 12 ---- Nickel chromium austenitic type kg. 15% 7222 20 19 7222 20 91 --- -- --- Other Other : Chromium type kg. kg. 15% 15% 7222 20 92 ---- Nickel chromium austenitic type kg. 15% 7222 20 99 ---- Other kg. 15% 7222 30 7222 30 11 _-_ _---_ --- _Other bars and rods :_ _Bright bars :_ Chromium type kg. 15% 7222 30 12 ---- Nickel chromium austenitic type kg. 15% 7222 30 19 7222 30 91 --- _---_ --- Other _Other :_ Chromium type kg. kg. 15% 15% 7222 30 92 ---- Nickel chromium austenitic type kg. 15% 7222 30 99 ---- Other kg. 15% 7222 40 _- Angles, shapes and sections :_ 7222 40 10 --- Of thickness of 80 mm and above kg. 15% 7222 40 20 --- Of below 80 mm kg. 15% **7223** WIRE OF STAINLESS STEEL 7223 00 _- Wire of stainless steel :_ 7223 00 10 7223 00 91 --_---_ --- Electrode quality _Other :_ Of thickness of above 1.5 mm kg. kg. 15% 15% 7223 00 92 ---- Of thickness of 0.46 mm and above but not kg. 15% 7223 00 99 **7224** --- exceeding 1.5 mm Of thickness of below 0.46 mm **IV.—OTHER ALLOY STEEL; HOLLOW** **DRILL BARS AND RODS, OF ALLOY OR** **NON-ALLOY STEEL** **OTHER** **ALLOY** **STEEL** **IN** **INGOTS** **OR** **OTHER** **PRIMARY** **FORMS; SEMI-FINISHED PRODUCTS OF OTHER ALLOY** **STEEL** kg. 15% 7224 10 00 - Ingots and other primary forms kg. 15% 7224 90 - _Other :_ 7224 90 10 --- Of tool steel quality kg. 15% 7224 90 20 --- Of die steel quality kg. 15% 7224 90 30 --- Of cobalt bearing high speed steel quality kg. 15% 7224 90 40 ---- Forged blanks of alloy steel _Other :_ kg. 15% ----- **SECTION-XV** **CHAPTER-72** **(1)** **(2)** **(3)** **(4)** **(5)** 7224 90 91 ---- Billets kg. 15% 7224 90 99 ---- Other kg. 15% **7225** **FLAT-ROLLED** **PRODUCTS** **OF** **OTHER** **ALLOY** **STEEL,** **OF** **A WIDTH OF 600 MM OR MORE** - _Of silicon-electrical steel :_ 7225 11 00 -- Grain-oriented kg. *20% 7225 19 -- Other 7225 19 10 --- Hot rolled kg. 15% 7225 19 20 --- Cold rolled kg. 15% 7225 19 90 --- Other kg. 15% 7225 30 _- Other, not further worked than hot-rolled, in coils :_ 7225 30 10 --- Of spring steel quality kg. 15% 7225 30 90 --- Other kg. 15% 7225 40 _- Other, not further worked than hot-rolled, not in coils :_ _--- Of a thickness of above_ 4.75 mm : 7225 40 11 ---- Boiler quality kg. 15% 7225 40 12 ---- Pressure vessel quality kg. 15% 7225 40 13 ---- High tensile quality kg. 15% 7225 40 19 ---- Other kg. 15% 7225 40 20 --- Of a thickness of 3 mm and above but not exceeding kg. 15% 4.75 mm 7225 40 30 --- Of a thickness of below 3 mm kg. 15% 7225 50 _- Other, not further worked than cold-rolled_ _(cold-reduced) :_ 7225 50 10 --- Of a thickness of less than 3 mm kg. 15% 7225 50 20 --- Of a thickness of 3 mm to 4.75 mm kg. 15% 7225 50 30 --- Of a thickness of above 4.75 mm kg. 15% - _Other :_ 7225 91 -- _Electrolytically plated or coated with zinc:_ 7225 91 10 --- Galvannealed kg. 15% 7225 91 90 --- Other kg. 15% 7225 92 -- _Otherwise plated or coated with zinc:_ 7225 92 10 --- Galvannealed kg. 15% 7225 92 90 --- Other kg. 15% 7225 99 -- _Other:_ 7225 99 10 --- plated or coated with aluminium kg. 15% 7225 99 20 --- plated or coated with aluminium-zinc alloys kg. 15% 7225 99 30 --- painted, coloured or coated with plastics kg. 15% 7225 99 90 --- Other kg. 15% **7226** **FLAT-ROLLED** **PRODUCTS** **OF** **OTHER** **ALLOY** **STEEL,** **OF** **A** **WIDTH OF LESS THAN** **600 MM** _- Of silicon-electrical steel :_ 7226 11 00 -- Grain-oriented kg. 15% 7226 19 -- Other 7226 19 10 --- Hot rolled kg. 15% 7226 19 20 --- Cold rolled kg. 15% 7226 19 90 --- Other kg. 15% 7226 20 _- Of high speed steel :_ _--- Hot-rolled :_ ----- **SECTION-XV** **CHAPTER-72** **(1)** **(2)** **(3)** **(4)** **(5)** --- _Cold-rolled :_ 7226 20 21 ---- In coils kg. 15% 7226 20 22 ---- Other kg. 15% 7226 20 30 7226 91 -- _--_ Hoops and strips _Other:_ _Not further worked than hot-rolled :_ kg. 15% 7226 91 10 --- Of a thickness of below 3 mm kg. 15% 7226 91 20 --- Of a thickness of 3 mm and above but not kg. 15% exceeding 4.75 mm 7226 91 30 --- High tensile quality of a thickness of above kg. 15% 4.75 mm 7226 91 90 --- Other kg. 15% 7226 92 _-- Not further worked than cold-rolled (cold- reduced) :_ 7226 92 10 --- Of a thickness of below 3 mm kg. 15% 7226 91 30 7226 91 90 -- -- 7226 92 20 7226 92 30 -- -- Of a thickness of 3 mm and above but not exceeding kg. 4.75 mm Of a thickness of above 4.75 mm kg. 15% 15% 7226 99 _-- Other :_ 7226 99 10 --- Of a thickness of above 4.75 mm kg. 15% 7226 99 20 7226 99 30 7226 99 40 7226 99 51 -- -- --_---_ --- Of a thickness of above 3 mm and but not exceeding kg. 4.75 mm Of a thickness of below 3 mm kg. Skelp (strips for pipes and tubes) kg. _Hoops and strips :_ Hot rolled kg. 15% 15% 15% 15% 7226 99 52 ---- Cold rolled kg. 15% 7226 99 53 ---- Of spring steel, other than skelp kg. 15% 7226 99 60 7226 99 71 7226 99 72 7226 99 73 7226 99 79 7226 99 81 7226 99 82 7226 99 83 7226 99 89 ---- ------------ -- ------------ Skelps and strips for razor blades and saw blades kg. _plated or coated with zinc:_ plain and corrugated kg. electrolytically, plain and corrugated kg. Galvannealed kg. Other kg. _Otherwise coated or plated:_ with aluminium kg. with aluminium-zinc alloys kg. painted, coloured or coated with plastics kg. Other kg. 15% 15% 15% 15% 15% 15% 15% 15% 15% 7226 99 90 --- Other kg. 15% **7227** 7227 10 00 15% **BARS AND RODS, HOT-ROLLED, IN IRREGULARLY** **WOUND COILS, OF** **OTHER ALLOY STEEL** Of high speed steel kg. 7227 20 00 - Of silico-manganese steel kg. 15% 7227 90 - _Other :_ 7227 90 10 --- Valve spring steel quality kg. 15% 7227 90 20 --- Other spring steel quality kg. 15% 7227 90 30 --- Ball bearing quality kg. 15% 7227 90 40 --- Cold heading quality kg. 15% 7227 90 50 --- Lead-free cutting quality kg 15% ----- 7227 90 90 --- Other kg. 15% **7228** **OTHER BARS AND RODS OF OTHER ALLOY STEEL;** **ANGLES, SHAPES** **AND SECTIONS, OF** **OTHER** **ALLOY** **STEEL; HOLLOW DRILL BARS AND RODS, OF ALLOY OR** **NON-ALLOY STEEL** 7228 10 _- Bars and rods, of high speed steel :_ 7228 10 10 --- Bright bars kg. 15% 7228 10 90 --- Other kg. 15% 7228 20 00 - Bars and rods, of silico-manganese steel kg. 15% 7228 30 _- Other bars and rods, not further worked than_ _hot-rolled, hot-drawn or extruded :_ _--- Bright bars :_ 7228 30 11 ---- Of alloy tool steel kg. 15% 7228 30 19 ---- Other kg. 15% --- _Other :_ 7228 30 21 ---- Lead bearing steel kg. 15% 7228 30 22 ---- Spring steel kg. 15% 7228 30 23 ---- Sulphur bearing steel kg. 15% 7228 30 24 ---- Tool and die steel kg. 15% 7228 30 29 ---- Other kg. 15% 7228 40 00 - Other bars and rods, not further worked than forged kg. 15% 7228 50 _- Other bars and rods, not further worked than_ _cold-formed or cold-finished :_ 7228 50 10 --- Of engine valves and cold heading steel kg. 15% 7228 50 90 --- Other kg. 15% 7228 60 _- Other bars and rods :_ _--- Bright bars :_ 7228 60 11 ---- Of alloy tool steel kg. 15% 7228 60 12 ---- Other kg. 15% _--- Other :_ 7228 60 91 ---- Lead bearing steel kg. 15% 7228 60 92 ---- Spring steel kg. 15% 7228 60 93 ---- Sulphur bearing steel kg. 15% 7228 60 94 ---- Tool and die steel kg. 15% 7228 60 99 ---- Other kg. 15% 7228 70 _- Angles, shapes and sections :_ _--- Not further worked than hot-rolled, hot-drawn_ _or extruded :_ 7228 70 11 ---- Of 80 mm or more kg. 15% 7228 70 12 ---- Of less than 80 mm kg. 15% _--- Not further worked than cold-formed or cold-_ _finished :_ 7228 70 21 ---- Of 80 mm or more kg. 15% 7228 70 22 ---- Of less than 80 mm kg. 15% 7228 80 - _Hollow drill bars and rods :_ 7228 80 10 --- Of alloy steel kg. 15% 7228 80 20 --- Of non alloy steel, forged kg. 15% 7228 80 90 --- Other kg. 15% ----- **SECTION-XV** **CHAPTER-72** **(1)** **(2)** **(3)** **(4)** **(5)** **7229** **WIRE** **OF** **OTHER** **ALLOY** **STEEL** 7229 20 00 - Of silico-manganese steel kg. 15% 7229 90 _- Other :_ _--- Tinned wire, bronze coated wire, trapezoidal wire,_ _half round wire, crimped wire and copper coated_ _wire, not insulated :_ 7229 90 11 ---- Tinned wire kg. 15% _-_ 7229 90 12 ---- Bronze coated wire kg. 15% 7229 90 13 ---- Trapezoidal wire kg. 15% 7229 90 14 ---- Half round wire kg. 15% 7229 90 15 ---- Crimped wire kg. 15% 7229 90 16 ---- Copper coated wire kg. 15% _--- Electrode quality, wire rope quality and ACSR_ _quality not insulated :_ 7229 90 21 ---- Electrode quality kg. 15% 7229 90 22 ---- Wire rope quality kg. 15% 7229 90 23 ---- ACSR quality kg. 15% _--- Wire (excluding wire type lead), spring, high_ _tensile, hardened and tempered wires, not_ _insulated :_ 7229 90 31 ---- Wire (excluding wire type lead) kg. 15% 7229 90 32 ---- Spring wire kg. 15% 7229 90 33 ---- High tensile wire kg. 15% 7229 90 34 ---- Hardened and tempered wire kg. 15% 7229 90 40 --- Other wire kg. 15% --- Shaped and profiled wires of cross-section : 7229 90 51 ---- Half round kg. 15% 7229 90 52 ---- Flat and rectangular kg. 15% 7229 90 53 ---- ‗L‗ shape kg. 15% 7229 90 54 ---- ‗Z‗ shape kg. 15% 7229 90 59 ---- Other kg. 15% 7229 90 60 --- Electric resistance wire (includingelectric resistance kg. 15% heatingwire) 7229 90 70 --- Crimped wire kg. 15% 7229 90 90 --- Other kg. 15% ----- **SECTION-XV** **CHAPTER-73** **CHAPTER** **73** **_Articles of iron or steel_** **NOTES** **:** 1. In this Chapter, the expression ―cast iron‖ applies to products obtained by casting in which iron predominates by weight over each of the other elements and which do not comply with the chemical composition of steel as defined in Note 1(d) to Chapter 72. 2. In this Chapter, the word ―wire‖ means hot or cold-formed products of any cross-sectional shape, of which no cross-sectional dimension exceeds 16 mm. **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard** **Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **7301** **SHEET** **PILING** **OF** **IRON OR STEEL, WHETHER OR** **NOT DRILLED, PUNCHED OR MADE FROM ASSEMBLED** **ELEMENTS; WELDED ANGLES, SHAPES AND SECTIONS,** **OF** **IRON** **OR** **STEEL** 7301 10 00 - Sheet piling kg. 15% 7301 20 _- Angles, shapes and sections :_ 7301 20 10 --- Steel slotted angles kg. 15% 7301 20 90 --- Other kg. 15% **7302** **RAILWAY OR TRAMWAY TRACK CONSTRUCTION** **MATERIAL OF IRON OR STEEL, THE FOLLOWING:** **RAILS, CHECK-RAILS AND RACK RAILS, SWITCH** **BLADES,** **CROSSING FROGS, POINT RODS AND** **OTHER CROSSING PIECES, SLEEPERS (CROSS-TIES),** **FISH- PLATES, CHAIRS, CHAIR WEDGES, SOLE PLATES** **(BASE** **PLATES), RAIL CLIPS, BEDPLATES, TIES AND** **OTHER** **MATERIAL** **SPECIALIZED** **FOR** **JOINTING** **OR** **FIXING RAILS** 7302 10 _- Rails :_ --- _For railways:_ 7302 10 11 ---- Head hardened rails kg. 15% 7302 10 12 ---- Asymmetric rails with end forging kg. 15% 7302 10 13 ---- Asymmetric rails without end forging kg. 15% 7302 10 14 ---- Other than asymmetric rails and head hardened rails kg. 15% 7302 10 19 ---- Other kg. 15% 7302 10 20 --- For tramways kg. 15% 7302 10 90 --- Other kg. 15% 7302 30 00 - Switch blades, crossing frogs, point rods and kg. 15% kg. 7302 40 00 other crossing pieces Fish-plates and sole plates 15% 7302 90 _- Other :_ 7302 90 10 --- Material for jointing or fixing rails kg. 15% 7302 90 90 --- Other kg. 15% ----- **SECTION-XV** **CHAPTER-73** **(1)** **(2)** **(3)** **(4)** **(5)** **7303** **TUBES,** **PIPES** **AND** **HOLLOW** **PROFILES,** **OF** **CAST** **IRON** 7303 00 _- Tubes, pipes and hollow profiles, of cast iron:_ 7303 00 10 --- Rain water pipe kg. 15% 7303 00 20 --- Soilpipe kg. 15% 7303 00 30 --- Spun pipe kg. 15% 7303 00 90 --- Other kg. 15% **7304** **TUBES,** **PIPES** **AND** **HOLLOW** **PROFILES,** **SEAMLESS,** **OF** **IRON** **(OTHER THAN CAST IRON) OR STEEL** _- Line pipe of a kind used for_ oil and gas pipelines: 7304 11 -- Of stainless steel: 7304 11 10 --- Tubes and pipes kg. 15% 7304 11 20 --- Blanks for tubes and pipes kg. 15% 7304 11 90 --- Other kg. 15% 7304 19 -- Other: 7304 19 10 --- Tubes and pipes kg. 15% 7304 19 20 --- Blanks for tubes and pipes kg. 15% 7304 19 90 --- Other kg. 15% - Casing, tubing and drill pipe, of a kind used in drilling for oil or gas: 7304 22 00 -- Drill pipe of stainless steel kg. 15% 7304 23 -- Other drill pipe: 7304 23 10 --- Of iron kg. 15% 7304 23 90 --- Other kg. 15% 7304 24 00 -- Other, of stainless steel kg. 15% 7304 29 -- Other: 7304 29 10 --- Of iron kg. 15% 7304 29 90 --- Other kg. 15% - _Other, of circular cross-section, of iron or non-_ _alloy steel:_ 7304 31 --- Cold-drawn or cold-rolled (cold-reduced): --- Up to 114.3 mm outer diameter: 7304 31 11 ---- Of iron kg. 15% 7304 31 19 ---- Other kg. 15% --- _Above 114.3 mm but up to 219.1 mm outer_ _diameter_ 7304 31 21 --- Of iron kg. 15% 730431 29 --- Other kg. 15% --- Above 219.1 mm diameter: 7304 31 31 ---- Of iron kg. 15% 7304 31 39 ---- Other kg. 15% 7304 39 -- _Other:_ --- _Up to 114.3 mm outer diameter:_ 7304 39 11 ---- Of iron kg. 15% 7304 39 19 ---- Other kg. 15% ----- **SECTION-XV** **CHAPTER-73** **(1)** **(2)** **(3)** **(4)** **(5)** --- Above 114.3 mm but up to 219.1 mm outer diameters: 7304 39 21 ---- Of iron kg. 15% 7304 39 29 ---- Other kg. 15% --- Above 219.1 mm diameter: 7304 39 31 ---- Of iron kg. 15% 7304 39 39 ---- Other kg. 15% - Other, of circular cross section, of stainless steel: 7304 41 00 -- Cold-drawn or cold-rolled (cold-reduced) kg. 15% 7304 49 00 -- Other kg. 15% - Other, of circular cross section, of alloy steel: 7304 51 --- Cold-drawn or cold rolled (cold-reduced): 7304 51 10 --- Up to 114.3 mm diameter kg. 15% 7304 51 20 --- Above 114.3 mm but up to 219.1 mm outer kg. 15% diameter 7304 51 30 --- Above 219.1 mm outer diameter kg. 15% 7304 59 -- Other: 7304 59 10 --- Up to 114.3 mm diameter kg. 15% 7304 59 20 --- Above 114.3 mm but up to 219.1 mm outer kg. 15% diameter 7304 59 30 --- Above 219.1 mm outer diameter kg. 15% 7304 90 00 --- Other kg. 15% **7305** **OTHER** **TUBES** **AND** **PIPES** **(FOR** **EXAMPLE,** **WELDED,** **RIVETED OR SIMILARLY CLOSED),** **HAVING CIRCULAR** **CROSS-SECTIONS,** **THE EXTERNAL DIAMETER OF** **WHICH EXCEEDS** **406.4** **MM,** **OF IRON OR STEEL** _- Line pipe of a kind used for oil or gas pipelines :_ 7305 11 _-- Longitudinally submerged arc welded :_ _--- Galvanised pipes :_ 7305 11 11 ---- Of iron kg. 15% 7305 11 19 ---- Other kg. 15% _--- Non-galvanised pipes :_ 7305 11 21 ---- Of iron kg. 15% 7305 11 29 ---- Other kg. 15% 7305 12 _-- Other, longitudinally welded :_ _--- Galvanised pipes :_ 7305 12 11 ---- Of iron kg. 15% 7305 12 19 ---- Other kg. 15% _--- Non-galvanised pipes :_ 7305 12 21 ---- Of iron kg. 15% 7305 12 29 ---- Other kg. 15% 7305 19 _-- Other:_ _--- Galvanised pipes :_ 7305 19 11 ---- Of iron kg. 15% ----- **SECTION-XV** **CHAPTER-73** **(1)** **(2)** **(3)** **(4)** **(5)** 7305 19 19 ---- Other kg. 15% _--- Non-galvanised (black) pipes :_ 7305 19 21 ---- Of iron kg. 15% 7305 19 29 ---- Other kg. 15% 7305 20 _- Casing of a kind used in drilling for oil or gas :_ 7305 20 10 --- Of iron kg. 15% 7305 20 90 --- Other kg. 15% _- Other, welded :_ 7305 31 _-- Longitudinally welded:_ 7305 31 10 --- Of iron kg. 15% 7305 31 90 --- Other kg. 15% 7305 39 _-- Other :_ 7305 39 10 --- Of iron kg. 15% 7305 39 90 --- Other kg. 15% 7305 90 _- Other :_ 7305 90 10 --- High pressure hydroelectric conduits of steel kg. 15% _--- ERW precision tubes :_ 7305 90 21 ---- Of iron kg. 15% 7305 90 29 ---- Other kg. 15% _--- Other :_ 7305 90 91 ---- Of iron kg. 15% 7305 90 99 ---- Other kg. 15% **7306** **OTHER** **TUBES,** **PIPES** **AND** **HOLLOW** **PROFILES** **(FOR** **EXAMPLE,** **OPEN SEAM OR WELDED,** **RIVETED OR** **SIMILARLY CLOSED), OF IRON OR STEEL** - _Line pipe of a kind used for_ oil or gas pipelines: 7306 11 00 -- Welded,of stainless steel kg. 15% 7306 19 -- _Other:_ --- Galvanised pipes: 7306 19 11 ---- Of iron kg. 15% 7306 19 19 ---- Other kg. 15% --- Non galvanised pipes: 7306 19 21 ---- Of iron kg. 15% 7306 19 29 ---- Other kg. 15% - Casing and tubing of a kind used in drilling for oil or gas: 7306 21 00 -- Welded, of stainless steel kg. 15% 7306 29 -- _Other:_ 7306 29 11 ---- Of iron kg. 15% 7306 29 19 ---- Other kg. 15% 7306 30 - _Other, welded, of circular_ cross-section, of iron or non-alloy steel: 7306 30 10 ---- Of iron kg. 15% 7306 30 90 ---- Other kg. 15% ----- **SECTION-XV** **CHAPTER-73** **(1)** **(2)** **(3)** **(4)** **(5)** 7306 40 00 - Other, welded, of circular kg. 15% cross- section, of stainless steel 7306 50 00 - Other, welded, of circular kg. 15% cross- section, of other alloy steel - _Other, welded, of non-circular_ cross-section: 7306 61 00 -- Of square or rectangular- kg. 15% cross- section 7306 69 00 -- Of other non-circular kg. 15% cross- section 7306 90 - _Other:_ -- _ERW precision tubes:_ 7306 90 11 ---- Of iron kg. 15% 7306 90 19 ---- Other kg. 15% 7306 90 90 --- Other kg. 15% **7307** **TUBE** **OR** **PIPE** **FITTINGS** **(FOR** **EXAMPLE,** **COUPLINGS,** **ELBOWS, SLEEVES), OF IRON OR STEEL** _- Cast fittings :_ 7307 11 _-- Of non-malleable cast iron :_ 7307 11 10 --- Sponge iron cast fittings kg. 15% 7307 11 20 --- SG iron cast fittings kg. 15% 7307 11 90 --- Other kg. 15% 7307 19 00 -- Other kg. 15% _- Other, of stainless steel :_ 7307 21 00 -- Flanges kg. 15% 7307 22 00 -- Threaded elbows, bends and sleeves kg. 15% 7307 23 00 -- Butt welding fittings kg. 15% 7307 29 00 -- Other kg. *25% _- Other :_ 7307 91 _-- Flanges :_ 7307 91 10 --- Galvanised kg. 15% 7307 91 90 --- Other kg. 15% 7307 92 _-- Threaded elbows, bends and sleeves :_ 7307 92 10 --- Galvanised kg. 15% 7307 92 90 --- Other kg. 15% 7307 93 _-- Butt welding fittings :_ 7307 93 10 --- Galvanised kg. 15% 7307 93 90 --- Other kg. 15% 7307 99 _-- Other :_ 7307 99 10 --- Galvanised kg. 15% 7307 99 90 --- Other kg. *25% **7308** **STRUCTURES** **(EXCLUDING** **PREFABRICATED** **BUILDINGS** **OF HEADING 9406) AND PARTS OF STRUCTURES (FOR** **EXAMPLE,** **BRIDGES AND BRIDGE-SECTIONS, LOCK-** ----- **SECTION-XV** **CHAPTER-73** **(1)** **(2)** **(3)** **(4)** **(5)** **GATES, TOWERS, LATTICE MASTS, ROOFS, ROOFING** **FRAME-WORKS, DOORS AND WINDOWS AND THEIR** **FRAMES AND THRESHOLDS FOR DOORS, SHUTTERS,** **BALUSTRADES, PILLARS AND COLUMNS), OF IRON OR** **STEEL; PLATES, RODS, ANGLES, SHAPES, SECTIONS,** **TUBES AND THE LIKE, PREPARED FOR USE IN** **STRUCTURES, OF IRON** **OR STEEL** 7308 10 00 - Bridges and bridge-sections u 15% 7308 20 7308 20 11 _-_ _---_ --- _Towers and lattice masts :_ _Towers, whether or not assembled :_ For transmission line u 15% 7308 20 19 ---- Other u 15% 7308 20 20 --- Lattice masts u 15% 7308 30 00 - Doors, windows and their frames and thresholds u 15% 7308 40 00 7308 90 _-_ for doors Equipment for scaffolding, shuttering, propping or pit-propping _Other :_ u 15% 7308 90 10 --- Beams, channels, pillars and girders prepared for u 15% use in structures 7308 90 20 --- Drop rods u 15% 7308 90 30 --- Hatchway, rails and bulkheads for ships or boats u 15% 7308 90 20 -- and parts of hull 7308 90 40 --- Galvanised tension bars u 15% 7308 90 50 --- Structures and super structures for mining u 15% 7308 90 60 --- Truss rods u 15% 7308 90 70 --- Tubular steel poles for electric transmission and u 15% 7308 90 40 -- 7308 90 90 --- Other u *25% **7309** **RESERVOIRS, TANKS, VATS AND SIMILAR CONTAINERS** **FOR ANY MATERIAL (OTHER THAN COMPRESSED OR** **LIQUEFIED GAS),** **OF IRON OR STEEL, OF A CAPACITY** **EXCEEDING 300** **L, WHETHER OR NOT LINED OR HEAT-** **INSULATED, BUT NOT** **FITTED WITH MECHANICAL** **OR THERMAL EQUIPMENT** 7309 00 _-_ _Reservoirs, tanks, vats and similar_ _containers for any material (other than_ _compressed or liquefied gas), of iron or_ _steel, of a capacity exceeding 300 l, whether_ _or not lined or heat-insulated, but not fitted_ _with mechanical or thermal equipment :_ 7309 00 10 --- Galvanized iron tanks kg. 15% 7309 00 20 --- Galvanized iron barrels and drums kg. 15% *Amended by Notn. No. 48/18 7308 90 90 -- distribution lines Other ----- **SECTION-XV** **CHAPTER-73** **(1)** **(2)** **(3)** **(4)** **(5)** 7309 00 30 --- Pressed steel tanks kg. 15% 7309 00 40 --- Pressure vessels kg. 15% 7309 00 90 --- Other kg. 15% **7310** **TANKS,** **CASKS,** **DRUMS,** **CANS, BOXES AND SIMILAR** **CONTAINERS, FOR ANY MATERIAL (OTHER THAN** **COMPRESSED** **OR** **LIQUEFIED** **GAS),** **OF** **IRON** **OR** **STEEL,** **OF A CAPACITY NOT EXCEEDING 300** **L, WHETHER OR** **NOT LINED OR HEAT-INSULATED, BUT NOT FITTED** **WITH MECHANICAL OR THERMAL EQUIPMENT** 7310 10 _- Of a capacity of 50 l or more :_ 7310 10 10 --- Tin plate containers kg. 15% 7310 10 20 --- Trunks and cases kg. 15% 7310 10 90 --- Other kg. 15% _- Of a capacity of less than 50 l :_ 7310 21 _-- Cans which are to be closed by soldering or_ 7310 21 10 -- _crimping :_ Tin plate containers kg. 15% 7310 21 90 --- Other kg. 15% 7310 29 _-- Other :_ 7310 29 10 --- Tin plate containers kg. 15% 7310 29 20 --- Trunks and cases kg. 15% 7310 29 90 --- Other kg. *25% **7311** **CONTAINERS** **FOR** **COMPRESSED** **OR** **LIQUEFIED** **GAS,** **OF IRON OR STEEL** 7311 00 _- Containers for compressed or liquefied gas, of iron_ _or steel :_ 7311 00 10 --- Liquefied petroleum gas (LPG) cylinder kg. 15% 7311 00 20 --- Low pressure cylinder (working pressure kg. 15% kg. kg. 7311 00 30 7311 00 90 -- -- up to 35.2 kg/sq.cm other than LPG) High pressure cylinder (working pressure exceeding 35.2 kg/sq.cm) Other 15% 15% **7312** **STRANDED** **WIRE, ROPES, CABLES, PLAITED** **BANDS,** **SLINGS** **AND THE** **LIKE, OF** **IRON** **OR STEEL, NOT** **ELECTRICALLY INSULATED** 7312 10 _- Stranded wire, ropes and cables :_ 7312 10 10 --- Wire ropes, black kg. 15% 7312 10 20 --- Wire ropes, galvanised kg. 15% 7312 10 30 --- Stranded wire kg. 15% 7312 10 90 --- Other kg. 15% 7312 90 00 - Other kg. 15% ----- **SECTION-XV** **CHAPTER-73** **(1)** **(2)** **(3)** **(4)** **(5)** **7313** 7313 00 7313 00 10 -- kg. **BARBED WIRE OF IRON OR STEEL; TWISTED HOOP OR** **SINGLE FLAT WIRE, BARBED OR NOT,** **AND LOOSELY** **TWISTED** **DOUBLE** **WIRE, OF** **A KIND** **USED FOR** **FENCING, OF IRON OR STEEL** _Barbed wire of iron or steel; twisted hoop or_ _single flat wire, barbed or not, and loosely_ _twisted double wire, of a kind used for fencing,_ _of iron or steel :_ Barbed wire 15% 7313 00 20 --- Twisted hoop or single flat wire, barbed or not, and loosely twisted double wire, of a kind used for fencing **7314** **CLOTH** **(INCLUDING** **ENDLESS** **BANDS),** **GRILL,** **NETTING AND FENCING, OF IRON OR STEEL WIRE;** **EXPANDED METAL OF IRON OR STEEL** kg. 15% _Woven cloth :_ Endless bands for machinery, of stainless steel kg. 7314 12 00 _-_ - 15% 7314 14 _-- Other woven cloth, of stainless steel :_ 7314 14 10 --- Wire gauze (wire cloth, wire mesh) kg. 15% 7314 14 90 --- Other kg. 15% 7314 19 _-- Other :_ 7314 19 10 --- Wire gauze (wire cloth, wire mesh) kg. 15% 7314 19 90 --- Other kg. 15% 7314 20 - _Grill, netting and fencing, welded at the intersection,_ _of wire with a maximum cross-sectional dimension_ _of 3 mm or more and having a mesh size_ _of 100 cm2 or more :_ 7314 20 10 --- Wire netting kg. 15% 7314 20 90 --- Other kg. 15% _- Other grill, netting and fencing, welded at the_ _intersection :_ 7314 31 00 -- Plated or coated with zinc kg. 15% 7314 39 00 -- Other kg. 15% _- Other cloth, grill, netting and fencing :_ 7314 41 _-- Plated or coated with zinc :_ 7314 41 10 --- Wire netting kg. 15% 7314 41 90 --- Other kg. 15% 7314 42 _-- Coated with plastics :_ 7314 42 10 --- Wire netting kg. 15% 7314 42 90 --- Other kg. 15% 7314 49 _-- Other :_ 7314 49 10 --- Wire netting kg. 15% 7314 49 90 --- Other kg. 15% 7314 50 00 - Expanded metal kg. 15% ----- **SECTION-XV** **CHAPTER-73** **(1)** **(2)** **(3)** **(4)** **(5)** **7315** **CHAIN** **AND** **PARTS** **THEREOF,** **OF** **IRON** **OR** **STEEL** _- Articulated link chain and parts thereof :_ 7315 11 00 -- Roller chain kg. 15% 7315 12 _-- Other chain :_ 7315 12 10 --- Lifting and hoisting chain kg. 15% 7315 12 20 --- Ship chain kg. 15% 7315 12 90 --- Other kg. 15% 7315 19 00 -- Parts kg. 15% 7315 20 00 - Skid chain kg. 15% _- Other chain :_ 7315 81 00 -- Stud-link kg. 15% 7315 82 00 -- Other, welded link kg. 15% 7315 89 00 -- Other kg. 15% 7315 90 00 - Other parts kg. 15% **7316** **ANCHORS,** **GRAPNELS** **AND** **PARTS** **THEREOF,** **OF** **IRON** **OR STEEL** 7316 00 -- _Anchors, grapnels and parts thereof, of iron_ _or steel :_ 7316 00 10 --- Anchors and grapnels kg. 15% 7316 00 90 --- Parts kg. 15% **7317** **NAILS,** **TACKS,** **DRAWING** **PINS,** **CORRUGATED** **NAILS,** **STAPLES** **(OTHER THAN THOSE OF HEADING** **8305)** **AND SIMILAR ARTICLES, OF IRON OR STEEL,** **WHETHER OR NOT WITH HEADS OF OTHER** **MATERIAL,** **BUT EXCLUDING SUCH ARTICLES WITH** **HEADS OF COPPER** 7317 00 - _Nails, tacks, drawing pins, corrugated nails,_ _staples (other than those of heading 8305)_ _and similar articles, of iron or steel, whether_ _or not with heads of other material, but_ _excluding such articles with heads of_ _copper :_ _--- Nails :_ 7317 00 11 ---- For animal shoes kg. 15% 7317 00 12 ---- For fixing heel strips and toe plates kg. 15% 7317 00 13 ---- Wire nails kg. 15% 7317 00 19 ---- Other kg. 15% _--- Spikes :_ 7317 00 21 ---- Dog spikes kg. 15% 7317 00 29 ---- Other kg. 15% 7317 00 30 --- Tacks kg. 15% _--- Other :_ 7317 00 91 ---- Staples other than in strips, and drawing pins kg. 15% ----- **SECTION-XV** **CHAPTER-73** **(1)** **(2)** **(3)** **(4)** **(5)** 7317 00 99 ---- Other kg. 15% **7318** **SCREWS, BOLTS, NUTS, COACH-SCREWS, SCREW** **HOOKS, RIVETS, COTTERS,** **COTTER-PINS, WASHERS** **(INCLUDING SPRING WASHERS) AND SIMILAR ARTICLES,** **OF IRON OR STEEL** _-_ _Threaded articles :_ 7318 11 _--_ _Coach screws :_ 7318 11 10 --- Machine screws kg. 15% 7318 11 90 --- Other kg. 15% 7318 12 00 -- Other wood screws kg. 15% 7318 13 00 -- Screw hooks and screw rings kg. 15% 7318 14 00 -- Self-tapping screws kg. 15% 7318 15 00 -- Other screws and bolts, whether or not with their kg. *25% 1 kg. kg. kg. 7318 16 00 7318 19 00 7318 21 00 - - _-_ - nuts or washers Nuts Other _Non-threaded articles :_ Spring washers and other lock washers *25% 15% 15% 7318 22 00 -- Other washers kg. 15% 7318 23 00 -- Rivets kg. 15% 7318 24 00 -- Cotters and cotter-pins kg. 15% 7318 29 _-- Other :_ 7318 29 10 --- Circlips kg. 15% 7318 29 90 --- Other kg. *25% **7319** **SEWING** **NEEDLES,** **KNITTING** **NEEDLES,** **BODKINS,** **CROCHET HOOKS, EMBROIDERY STILETTOS AND** **SIMILAR ARTICLES, FOR USE IN THE HAND, OF IRON** **OR STEEL; SAFETY PINS AND OTHER PINS, OF IRON OR** **STEEL, NOT ELSEWHERE SPECIFIED OR INCLUDED** 7319 40 - Safety _pins_ and other _pins:_ 7319 40 10 - - - Safety pins kg. 15% 7319 40 90 - - - Other pins kg. 15% 7319 90 00 - Other kg. 15% **7320** **SPRINGS** **AND** **LEAVES** **FOR** **SPRINGS,** **OF** **IRON** **OR** **STEEL** 7320 10 - _Leaf-springs and leaves therefor :_ _--- Leaf-springs :_ 7320 10 11 ---- For motor vehicles kg. 15% 7320 10 12 ---- For railways and tramways kg. 15% 7320 10 19 ---- Other kg. 15% 7320 10 20 --- Leaves for springs kg. 15% 7320 20 00 - Helical springs kg. 15% *Amended by Notn. No. 48/18 ----- **SECTION-XV** **CHAPTER-73** **(1)** **(2)** **(3)** **(4)** **(5)** 7320 90 _- Other :_ 7320 90 10 --- Coil spring for railways, tramways kg. 15% 7320 90 20 --- Springpins kg. 15% 7320 90 90 --- Other kg. *25% **7321** **STOVES,** **RANGES,** **GRATES,** **COOKERS** **(INCLUDING** **THOSE WITH SUBSIDIARY BOILERS FOR CENTRAL** **HEATING), BARBECUES, BRAZIERS, GAS-RINGS, PLATE** **WARMERS AND SIMILAR NON-ELECTRIC DOMESTIC** **APPLIANCES, AND PARTS THEREOF, OF IRON OR STEEL** _-_ _Cooking appliances and plate warmers:_ 7321 11 _-- For gas fuel or for both gas and other fuels :_ 7321 11 10 --- Cookers and kitchen stoves u 15% 7321 11 20 --- Other stoves u 15% 7321 11 90 --- Other u 15% 7321 12 _-- For liquid fuel:_ 7321 12 10 --- Cookers and kitchen stoves u 15% 7321 12 20 --- Other stoves u 15% 7321 12 90 --- Other u 15% 7321 19 _-- Other, including appliances for solid fuel:_ 7321 19 10 --- Cookers and kitchen stoves u 15% 7321 19 90 7321 81 00 -- _-_ - Other stoves and appliances _Other appliances :_ For gas fuel or for both gas and other fuels u 15% 7321 82 00 -- Forliquid fuel 7321 89 -- Other, including appliances for solid fuel: 7321 89 10 --- Clay tandoor (oven with iron or steel body and kg. 15% 7321 89 90 -- earthen grates) Other kg. 15% 7321 90 00 - Parts kg. 15% **7322** **RADIATORS FOR CENTRAL HEATING, NOT** **ELECTRICALLY HEATED, AND PARTS THEREOF, OF** **IRON** **OR STEEL;** **AIR HEATERS AND HOT AIR DISTRIBUTORS** **(INCLUDING DISTRIBUTORS WHICH CAN ALSO** **DISTRIBUTE FRESH OR CONDITIONED AIR),** **NOT** **ELECTRICALLY HEATED,** **INCORPORATING A MOTOR-** **DRIVEN FAN OR** **BLOWER, AND PARTS THEREOF, OF** **IRON OR STEEL** _- Radiators and parts thereof :_ 7322 11 00 -- Of cast iron kg. 15% 7322 19 00 -- Other kg. 15% 7322 90 _- Other :_ 7322 90 10 --- Air heaters and hot air distributors kg. 15% 7322 90 90 --- Parts of air heaters and hot air distributors kg. 15% ----- **SECTION-XV** **CHAPTER-73** **(1)** **(2)** **(3)** **(4)** **(5)** **7323** **TABLE,** **KITCHEN OR OTHER HOUSEHOLD ARTICLES** **AND PARTS THEREOF, OF IRON OR STEEL; IRON OR** **STEEL WOOL;** **POT SCOURERS AND SCOURING OR** **POLISHING PADS, GLOVES AND THE LIKE, OF IRON OR** **STEEL** 7323 10 00 _-_ Iron or steel wool; pot scourers and scouring or polishing pads, gloves and the like _Other :_ u 20% 7323 91 _-- Of cast iron, not enamelled :_ 7323 91 10 --- Pans u 20% 7323 91 90 --- Other u 20% 7323 92 00 _--_ Of cast iron, enamelled u 20% _-_ 7323 93 _-- Of stainless steel :_ 7323 93 10 --- Pressure cookers u 20% 7323 93 90 --- Other u 20% 7323 94 _-- Of iron (other than cast iron) or steel, enamelled :_ 7323 94 10 --- Ghamellas u 20% 7323 94 20 --- Utensils u 20% 7323 94 90 --- Other u 20% 7323 99 _-- Other :_ 7323 99 10 --- Utensils of galvanised iron u 20% 7323 99 20 --- Other utensils u 20% 7323 99 90 --- Other u 20% **7324** **SANITARY WARE** **AND PARTS** **THEREOF, OF** **IRON OR** **STEEL** 7324 10 00 7324 21 00 _-_ - Sinks and wash basins, of stainless steel _Baths :_ Of cast iron, whether or not enamelled u u 15% 15% 7324 29 00 -- Other u 15% 7324 90 00 - Other, including parts u 15% **7325** **OTHER** **CAST** **ARTICLES** **OF** **IRON** **OR** **STEEL** 7325 10 00 7325 91 00 _-_ - Of non-malleable cast iron _Other :_ Grinding balls and similar articles for mills kg. kg. 15% 15% 7325 99 _-- Other :_ 7325 99 10 --- Of iron kg. 15% 7325 99 20 --- Of alloy steel kg. 15% 7325 99 30 7325 99 91 --_---_ --- Of stainless steel _Other :_ Rudders for ships or boats kg. kg. 15% 15% 7325 99 92 ---- Drain covers kg. 15% 7325 99 93 ---- Plates and frames for sewage water or similar system kg. 15% 7325 99 99 ---- Other kg. *25% *Amended by Notn. No. 48/18 ----- **SECTION-XV** 673 **CHAPTER-73** **(1)** **(2)** **(3)** **(4)** **(5)** **7326** **OTHER** **ARTICLES** **OF** **IRON** **OR** **STEEL** _- Forged or stamped, but not further worked :_ 7326 11 00 -- Grinding balls and similar articles for mills kg. 15% 7326 19 _-- Other :_ 7326 19 10 --- For automobiles and earth moving equipments kg. 15% 7326 19 90 --- Other kg. *25% 7326 20 _- Articles of iron or steel wire :_ 7326 20 10 --- Tyre bead wire rings intended for use in the kg. 15% manufacture of tyres for cycles and cycle rickshaws 7326 20 90 --- Other kg. 15% 7326 90 _- Other :_ 7326 90 10 --- Belt lacing of steel kg. 15% 7326 90 20 --- Belt fasteners for machinery belts kg. 15% 7326 90 30 --- Drain covers, plates, and frames for sewages, kg. 15% water or similar system 7326 90 40 --- Enamelled iron ware kg. 15% 7326 90 50 --- Grinding media balls and cylpebs kg. 15% 7326 90 60 --- Manufactures of stainless steel kg. 15% 7326 90 70 --- Articles of clad metal kg. 15% 7326 90 80 --- Parts of ships, floating structure and vessels kg. 15% (excluding hull, propellers and paddle-wheels) _--- Other :_ 7326 90 91 ---- Shanks kg. 15% 7326 90 99 ---- Other kg. *25% ----- **SECTION-XV** **CHAPTER-74** **CHAPTER** **74** **_Copper and articles thereof_** **NOTE** **:** In this Chapter, the following expressions have the meanings hereby assigned to them: _(a)_ _Refined copper_ Metal containing at least 99.85 per cent. by weight of copper; or Metal containing at least 97.5 per cent. by weight of copper, provided that the content by weight of any other element does not exceed the limit specified in the following Table : **TABLE** **–** **OTHER ELEMENTS** Element Limiting content % by weight Ag Silver 0.25 As Arsenic 0.5 Cd Cadmium 1.3 Cr Chromium 1.4 Mg Magnesium 0.8 Pb Lead 1.5 S Sulphur 0.7 Sn Tin 0.8 Te Tellurium 0.8 Zn Zinc 1.0 Zr Zirconium 0.3 0.3 Other elemen ts *, each - Other elements are, for example, Al, Be, Co, Fe, Mn, Ni, Si. _(b)_ _Copper alloys_ Metallic substances other than unrefined copper in which copper predominates by weight over each of the other elements, provided that : (i) the content by weight of at least one of the other elements is greater than the limit specified in the foregoing table; or (ii) the total content by weight of such other elements exceeds 2.5 per cent. _(c)_ _Master alloys_ Alloys containing with other elements more than 10 per cent by weight, of copper not use fully malleable and commonly used as an additive in the manufacture of other alloys or as deoxidants, de-sulphuring agents or for similar uses in the metallurgy of non-ferrous metals. ----- **SECTION-XV** **CHAPTER-74** However, copper phosphide (phosphor copper) containing more than 15% by weight of phosphorous falls in heading 2853. **SUB-HEADING** **NOTE** **:** In this Chapter the following expressions have the meanings hereby assigned to them: _(a)_ _Copper-zinc base alloys (brasses)_ Alloys of copper and zinc, with or without other elements. When other elements are present: (i) zinc predominates by weight over each of such other elements; (ii) any nickel content by weight is less than 5%. [see copper-nickel-zinc alloys (nickel silvers)]; and (iii) any tin content by weight is less than 3%. [see copper-tin alloys (bronzes)]. _(b)_ _Copper-tin base alloys (bronzes)_ Alloys of copper and tin, with or without other elements. When other elements are present, tin predominates by weight over each of such other elements, except that when the tin content is 3% or more the zinc content by weight may exceed that of tin but must be less than 10%. _(c)_ _Copper-nickel-zinc base alloys (nickel silvers)_ Alloys of copper, nickel and zinc, with or without other elements. The nickel content is 5% or more by weight [see copper-zinc alloys (brasses)]. _(d)_ _Copper-nickel base alloys_ Alloys of copper and nickel, with or without other elements but in any case containing by weight not more than 1% of zinc. When other elements are present, nickel predominates by weight over each of such other elements. **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **7401** **COPPER** **MATTES;** **CEMENT** **COPPER** **(PRECIPITATED** **COPPER)** 7401 00 - Copper mattes; Cement copper (precipitated copper): 7401 00 10 --- Copper mattes Kg. 5% 7401 00 90 --- Cement copper (precipitated copper) kg. 5% **7402** **UNREFINED** **COPPER;** **COPPER** **ANODES** **FOR** **ELECTROLYTIC REFINING** 7402 00 - _Unrefined copper; copper anodes for electrolytic_ _refining :_ 7402 00 10 --- Blister copper kg. 5% 7402 00 90 --- Other kg. 5% ----- _- Refined copper :_ 7403 11 00 -- Cathodes and sections of cathodes kg. 5% 7403 12 00 -- Wire-bars kg. 5% 7403 13 00 -- Billets kg. 5% 7403 19 00 -- Other kg. 5% _- Copper alloys :_ 7403 21 00 -- Copper-zinc base alloys (brass) kg. 5% 7403 22 _-- Copper-tin base alloys (bronze) :_ 7403 22 10 --- Phosphor bronze kg. 5% 7403 22 90 --- Other kg. 5% 7403 29 00 -- Other copper alloys (other than master alloys kg. 5% of heading 7405) **7404** **COPPER** **WASTE** **AND** **SCRAP** 7404 00 - _Copper waste and scrap:_ _--- Of copper :_ 7404 00 11 ---- Empty or discharged cartridges of all bores and sizes kg. 2.5% 7404 00 12 _----_ Copper scrap, namely the following : kg. 2.5% **-** copper wire scrap covered by ISRI code words Barley, Berry and Birch; heavy copper scrap covered by ISRI code word Candy;unalloyed copper scrap covered by ISRI code word Cliff; copper wire nodules scrap covered by ISRI code words Clove, Cobra and Cocoa; light copper scrap covered by ISRI Code word Dream; muntz metal tubes covered by ISRI code word Palms; Miscellaneous copper-containing skimming, grindings, ashes, irony brass and copper, residues and slags covered by ISRI code word 'Drove'; Copper wire scrap with various types of insultation covered by ISRI code word 'Druid' ----- **SECTION-XV** **CHAPTER-74** **(1)** **(2)** **(3)** **(4)** **(5)** 7404 00 19 ---- Other kg. 2.5% _--- Of copper alloys_ **_:_** 7404 00 21 ---- Empty or discharged cartridges of all bores and sizes, including the following: clean fired 70/30 brass shells free of bullets, iron and any other foreign material covered by ISRI code word ‗Lake‗; clean muffled (popped) 70/30 brass shells free of bullets, iron and any other foreign material covered by ISRI code word ‗Lamb‗ kg. 2.5% 7404 00 22 _----_ Brass scrap, namely the following : kg. 2.5 % _-_ refinery brass scrap covered by ISRI code word Drink; composition of red brass scrap covered by ISRI code word Ebony; red brass composition turnings scrap covered by ISRI code word Enerv; genuine babbit-lined brass bushings scrap covered by ISRI code word Elder; machinery or hard brass solids scrap covered by ISRI code word Engel; machinery or hand brass solids scrap covered by ISRI code word Erin; cocks and faucets scrap covered by ISRI code word Grape; yellow brass scrap covered by ISRI code word Honey; yellow brass castings covered by ISRI code word Ivory; new brass clippings covered by ISRI code word Label; yellow brass primer covered by ISRI code word Lark; brass pipe covered by ISRI code word Melon; yellow brass rod turnings covered by ISRI code word Night;new yellow brass rod ends covered by ISRI code word Noble; yellow brass turnings covered by ISRI code word Nomad; mixed unsweated auto radiators covered by ISRI code word Ocean; a dmiralty brass condenser tubes covered by ISRI code word Pales; aluminium brass condenser tubes covered by ISRI code word Pallu; ----- **SECTION-XV** **CHAPTER-74** **(1)** **(2)** **(3)** **(4)** **(5)** 7404 00 24 ---- Bronze scrap, including the following:manganese kg. 2.5% bronze solids covered ISRI code word ‗Parch‗; High lead bronze solids and borings covered by ISRI code word ‗Elias‗ 7404 00 25 ---- Copper nickel scrap, including the following: kg. 2.5% new cupro nickel clips and solids covered by ISRI code word ‗Dandy‗; cupro nickel solids covered by ISRI code word ‗Daunt‗; soldered cupro-nickel solids covered by ISRI code word ‗Delta‗; cupro nickel spinnings, turnings, borings covered by ISRI code word ‗Decoy‗; 7404 00 29 ---- Other kg. 2.5% **7405** **00** **00** **MASTER** **ALLOYS** **OF** **COPPER** kg. 5% **7406** **COPPER** **POWDERS** **AND** **FLAKES** 7406 10 00 - Powders of non-lamellar structure kg. 5% 7406 20 00 - Powders of lamellar structure; flakes kg. 5% **7407** **COPPER** **BARS,** **RODS** **AND** **PROFILES** 7407 10 _- Of refined copper_ **_:_** 7407 10 10 --- Electrolytic copper rods or black copper rods kg. 5% 7407 10 20 --- Other copper rods kg. 5% 7407 10 30 --- Copper bars (excluding hollow bars) kg. 5% 7407 10 40 --- Hollow bars of copper kg. 5% _--- Profiles_ **_:_** 7407 10 51 ---- Hollow profiles kg. 5% 7407 10 59 ---- Other kg. 5% 7407 10 90 --- Other kg. 5% _- Of copper alloys_ **_:_** 7407 21 _--_ _Of copper-zinc base alloys (brass)_ **_:_** 7407 21 10 --- Bars kg. 5% 7407 21 20 --- Rods kg. 5% 7407 21 30 --- Hollow bars kg. 5% 7407 21 90 --- Other kg. 5% 7407 29 _-- Other :_ 7407 29 10 --- Rods of bronze and similar alloys kg. 5% _--- Profiles_ **_:_** 7407 29 21 ---- Hollow kg. 5% ----- **SECTION-XV** **CHAPTER-74** **(1)** **(2)** **(3)** **(4)** **(5)** 7407 29 29 ---- Other kg. 5% 7407 29 90 --- Other kg. 5% **7408** **COPPER** **WIRE** _- Of refined copper_ **_:_** 7408 11 _-- Of which the maximum cross-sectional dimension_ _exceeds 6 mm :_ 7408 11 10 --- Copper weld wire kg. 5% 7408 11 90 --- Other kg. 5% 7408 19 _-- Other :_ 7408 19 10 --- Copper weld wire kg. 5% 7408 19 20 --- Welding wire kg. 5% 7408 19 90 --- Other kg. 5% _-_ _Of copper alloys_ **_:_** 7408 21 _--_ _Of copper-zinc base alloys (brass) :_ 7408 21 10 --- Of which the maximum cross-sectional kg. 5% 7408 21 _-_ _--_ dimension exceeds 6 mm 7408 21 90 --- Other 7408 22 _-- Of copper-nickel base alloys (cupro-nickel) or_ 7408 21 90 -- 5% 5% kg. kg. 7408 22 10 -- _copper-nickel-zinc base alloys (nickel silver) :_ Silver plated flattened wire of copper (lametta) 7408 22 20 --- Other of which the maximum cross-sectional kg. 5% dimension exceeds 6 mm 7408 22 90 --- Other kg. 5% 7408 29 _-- Other :_ 7408 29 10 --- Wire of bronze and similar alloys kg. 5% 7408 29 90 --- Other kg. 5% **7409** **COPPER** **PLATES,** **SHEETS** **AND** **STRIP,** **OF** **A** **THICKNESS** **EXCEEDING 0.12.5 MM** _-_ _Of refined copper :_ 7409 11 00 -- In coils kg. 5% 7409 19 00 -- Other kg. 5% _Of copper-zinc base alloys (brass) :_ In coils kg. 7409 21 00 _-_ - 5% 7409 29 00 -- Other kg. 5% _Of copper-tin base alloys (bronze) :_ In coils kg. 7409 31 00 _-_ - 5% 7409 39 00 -- Other kg. 5% 7409 40 00 - Of copper-nickel base alloys (cupro-nickel) or kg. 5% 7409 90 00 copper-nickel-zinc base alloys (nickel silver) Of other copper alloys kg. 5% **7410** **COPPER** **FOIL** **(WHETHER** **OR** **NOT** **PRINTED** **OR** **BACKED** ----- **SECTION-XV** **CHAPTER-74** **(1)** **(2)** **(3)** **(4)** **(5)** **WITH PAPER, PAPERBOARD, PLASTICS OR SIMILAR** **BACKING MATERIALS) OF A THICKNESS (EXCLUDING** **ANY BACKING) NOT EXCEEDING** **0.12.5 MM** _- Not backed_ **_:_** 7410 11 00 -- Of refined copper kg. 5% 7410 12 00 -- Of copper alloys kg. 5% _- Backed :_ 7410 21 00 -- Of refined copper kg. 5% 7410 22 00 -- Of copper alloys kg. 5% **7411** **COPPER** **TUBES** **AND** **PIPES** 7411 10 00 - Of refined copper kg. 7.5% _- Of copper alloys :_ 7411 21 00 -- Of copper-zinc base alloys (brass) kg. 7.5% 7411 22 00 -- Of copper-nickel base alloys (cupro-nickel) or kg. 7.5% copper-nickel-zinc base alloys (nickel silver) 7411 29 00 -- Other kg. 7.5% **7412** **COPPER** **TUBE** **OR** **PIPE** **FITTINGS** **(FOR** **EXAMPLE,** kg. 7412 10 00 **COUPLINGS, ELBOWS, SLEEVES)** Of refined copper 7.5% 7412 20 _- Of copper alloys :_ _---_ _Brass :_ 7412 20 11 ---- Tube-well strainer kg. 7.5% 7412 20 12 ---- Hose connectors kg. 7.5% 7412 20 19 ---- Other kg. 7.5% 7412 20 90 --- Fittings of bronze or other alloys of copper kg. 7.5% **7413 00 00** **STRANDED** **WIRE, CABLES, PLATED BANDS** **AND THE** kg. 10% **LIKE, OF** **COPPER, NOT** **ELECTRICALLY** **INSULATED** **7415** **NAILS, TACKS,** **DRAWING PINS, STAPLES (OTHER THAN** **THOSE OF HEADING 8305) AND SIMILAR ARTICLES, OF** **COPPER OR OF IRON OR STEEL WITH HEADS OF** **COPPER; SCREWS, BOLTS, NUTS, SCREW HOOKS,** **RIVETS, COTTERS, COTTER-PINS, WASHERS** **(INCLUDING SPRING WASHERS) AND SIMILAR** **ARTICLES, OF COPPER** 7415 10 00 - Nails and tacks, drawing pins, staples and kg. 10% similar articles _- Other articles, not threaded_ **_:_** 7415 21 00 -- Washers (including spring washers) kg. 10% 7415 29 00 -- Other kg. 10% ----- **SECTION-XV** **CHAPTER-74** **(1)** **(2)** **(3)** **(4)** **(5)** _- Other threaded articles_ **_:_** 7415 33 _-- Screws; bolts and nuts_ **_:_** 7415 33 10 --- Screws for wood kg. 10% 7415 33 90 --- Other kg. 10% 7415 39 _--_ _Other :_ 7415 39 10 --- Rivets (excluding tubular or bifurcated) kg. 10% 7415 39 90 --- Other kg. 10% **7418** **TABLE,** **KITCHEN** **OR** **OTHER** **HOUSEHOLD** **ARTICLES** **AND PARTS THEREOF,** **OF COPPER;** **POT SCOURERS AND** **SCOURING OR POLISHING PADS,** **GLOVES AND THE** **LIKE,** **OF** **COPPER;** **SANITARY** **WARE** **AND** **PARTS** **THEREOF, OF COPPER** 7418 10 _- Table, kitchen or other household articles and_ _parts thereof; Pot scourers and scouring or_ _polishing pads, gloves and the like:_ _7418 10 10_ _- - -_ Pot scourers and scouring or polishing pads, gloves _kg._ _20 %_ _-_ and the like - - - Utensils: 7418 10 21 - - - - Of Brass kg. 20% 7418 10 22 - - - - Of Copper kg. 20% 7418 10 23 - - - - Of other copper alloys kg. 20% 7418 10 24 7418 10 31 - - - - - - - - E.P.N.S. Ware Other: Of E.P.N.S kg. kg. 20% 20% 7418 10 39 - - -- Other kg. 20% 7418 10 90 - - - Parts kg. 20% 7418 20 _- Sanitary ware and parts thereof_ **_:_** 7418 20 10 --- Sanitary ware kg. 10% 7418 20 20 --- Parts of sanitary ware kg. 10% **7419** **OTHER** **ARTICLES** **OF** **COPPER** 7419 20 00 - Cast, moulded, stamped or forged, but not further kg. 10% worked 7419 80 - _Other :_ 7419 80 10 --- Reservoirs, tanks, vats and similar containers kg. 10% 7419 80 20 --- Articles of copper alloys electro-plated with nickel- kg. 10% silver 7419 80 30 -- Articles of brass kg. 10% 7419 80 40 7419 80 50 74198090 ------ Copper worked articles Copper chain Other articles of copper 10% 10% 10% 10% kg. kg. kg. kg. ----- **SECTION-XV** **CHAPTER-75** **CHAPTER** **75** **_Nickel and articles thereof_** **SUB-HEADING** **NOTES** **:** 1. In this Chapter the following expressions have the meanings hereby assigned to them: _(a)_ _Nickel, not alloyed_ Metal containing by weight at least 99% of nickel plus cobalt, provided that: (i) the cobalt content by weight does not exceed 1.5%; and (ii) the content by weight of any other element does not exceed the limit specified in the following Table: **TABLE** **–** **OTHER ELEMENTS** Elements Limiting content % by weight Fe Iron 0.5 O Oxygen 0.4 Other elements, each 0.3 _(b)_ _Nickel alloys_ Metallic substances in which nickel predominates by weight over each of the other elements provided that: (i) the content by weight of cobalt exceeds 1.5%, (ii) the content by weight of at least one of the other elements is greater than the limit specified in the foregoing table, or (iii) the total content by weight of elements other than nickel plus cobalt exceeds 1%. 2. Notwithstanding the provisions of Note 9(c) to section XV, for the purposes of sub-heading 7508 10, the term ―wire‖ applies only to products, whether or not in coils, of any cross-sectional shape, of which no cross-sectional dimension exceeds 6 mm. **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **7501** **NICKEL** **MATTES,** **NICKEL** **OXIDE** **SINTERS** **AND** **OTHER** **INTERMEDIATE** **PRODUCTS OF NICKEL METALLURGY** 7501 10 00 - Nickel mattes kg. Free 7501 20 00 - Nickel oxide sinters and other intermediate kg. Free products of nickel metallurgy ----- **SECTION-XV** **CHAPTER-75** **(1)** **(2)** **(3)** **(4)** **(5)** **7502** **UNWROUGHT** **NICKEL** 7502 10 00 - Nickel, not alloyed kg. Free 7502 20 _- Nickel alloys :_ 7502 20 10 --- Cupro-nickel containing more than 40% kg. Free by weight of nickel 7502 20 20 --- Monel metal including ‗K‗ monel kg. Free 7502 20 30 --- Nickel alloys containing more than 40% by kg. Free weight of nickel 7502 20 40 --- Nickel alloys containing more than 10 % but not kg. Free more than 40 % by weight of nickel 7502 20 90 --- Other kg. Free **7503** **NICKEL** **WASTE** **AND** **SCRAP** 7503 00 _- Nickel waste and scrap :_ _7503 00 10_ _---_ Nickel scrap, namely the following : kg. Free New nickel scrap covered by ISRI code word ‗Aroma‗; old nickel scrap covered by ISRI code word ‗Burly‗; new R-monel clippings solids covered by ISRI code word ‗Hitch‗; new mixed monel solids and clippings covered by ISRI code word ‗House‗; old monel sheet and solids covered by ISRI code word ‗Ideal‗; k-monel solids cov ered by ISRI code word ‗Indian‗; soldered monel sheet and solids covered by ISRI code word ‗Junto‗; monel castings covered by ISRI code ‗Lemon‗; monel turnings covered by ISRI code word ‗Lemur‗; nickel scrap obtained by breaking up of ships, boats and other floating structures; Nickel-Iron batteries to be sold free of crates, copper terminal connectors and excess liquid, must be free of nickel cadmium batteries covered by ISRI code word 'Vaunt'. 7503 00 90 --- Other kg. Free **7504 00 00** **NICKEL** **POWDERS** **AND** **FLAKES** kg. Free **7505** **NICKEL** **BARS,** **RODS,** **PROFILES** **AND** **WIRE** _- Bars, rods and profiles_ **_:_** 7505 11 _-- Of nickel, not alloyed_ **_:_** 7505 11 10 --- Hollow bars kg. Free 7505 11 20 --- Other bars; rods and profiles kg. Free 7505 12 _-- Of nickel alloys_ **_:_** 7505 12 10 --- Hollow bars kg. Free 7505 12 20 --- Other bars; rods and profiles kg. Free _- Wire :_ ----- **SECTION-XV** **CHAPTER-75** **(1)** **(2)** **(3)** **(4)** **(5)** 7505 21 00 -- Of nickel, not alloyed kg. Free 7505 22 00 -- Of nickel alloys kg. Free **7506** **NICKEL** **PLATES,** **SHEETS,** **STRIP** **AND** **FOIL** 7506 10 00 - Of nickel, not alloyed kg. Free 7506 20 00 - Of nickel alloys kg. Free **7507** **NICKEL** **TUBES,** **PIPES** **AND** **TUBE** **OR** **PIPE** **FITTINGS** **(FOR EXAMPLE, COUPLINGS, ELBOWS, SLEEVES)** _- Tubes and pipes_ **_:_** 7507 11 00 -- Of nickel, not alloyed kg. Free 7507 12 00 -- Of nickel alloys kg. Free 7507 20 00 - Tube or pipe fittings kg. Free **7508** **OTHER** **ARTICLES** **OF** **NICKEL** 7508 10 00 - Cloth, grill and netting, of nickel wire kg. Free 7508 90 _- Other :_ 7508 90 10 --- Electroplating anodes of nickel kg. Free 7508 90 20 --- Blanks ordinarily used for manufacturing kg. Free tubes and pipes of nickel 7508 90 30 --- Nickel screen kg. Free 7508 90 90 --- Other articles of nickel and nickel alloy kg. Free ----- **SECTION-XV** **CHAPTER-76** **CHAPTER** **76** **_Aluminium and articles thereof_** **SUB-HEADING** **NOTES** **:** 1. In this Chapter, the following expressions have the meanings hereby assigned to them: _(a)_ _Aluminium, not alloyed_ Metal containing by weight at least 99% of aluminium, provided that the content by weight of any other element does not exceed the limit specified in the following Table: **TABLE** **–** **OTHER ELEMENTS** Element Limiting content % by weight Fe + Si (iron plus silicon) 1 Other elements (1), each 0.1[(2)] (1) Other elements are, for example, Cr, Cu, Mg, Mn, Ni, Zn (2) Copper is permitted in a proportion greater than 0.1% but not more than 0.2%, provided that neither the chromium nor manganese content exceeds 0.05% _(b)_ _Aluminium alloys_ Metallic substances in which aluminium predominates by weight over each of the other elements, provided that: (i) the content by weight of at least one of the other elements or of iron plus silicon taken together is greater than the limit specified in the foregoing table; or (ii) the total content by weight of such other elements exceeds 1%. 2. Notwithstanding the provisions of Note 9(c) to Section XV, for the purposes of sub-heading 7616 91, theterm ―wire‖ applies only to products, whether or not in coils, of any cross-sectional shape, of which no cross-sectional dimension exceeds 6 mm. ----- **SECTION-XV** **CHAPTER-76** **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard** **Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **7601** **UNWROUGHT** **ALUMINIUM** 7601 10 **_-_** Aluminium, not alloyed : 7601 10 10 --- Ingots kg. 7.5% 7601 10 20 --- Billets kg. 7.5% 7601 10 30 --- Wire bars kg. 7.5% 7601 10 40 --- Wire rods kg. 7.5% 7601 10 90 --- Other kg. 7.5% 7601 20 - _Aluminium alloys :_ 7601 20 10 --- Ingots kg. 7.5% 7601 20 20 --- Billets kg. 7.5% 7601 20 30 --- Wire bars kg. 7.5% 7601 20 40 --- Wire rods kg. 7.5% 7601 20 90 --- Other kg. 7.5% **7602** **ALUMINIUM** **WASTE** **AND** **SCRAP** 7602 00 - Aluminium waste and scrap : 7602 00 10 _---_ Aluminiumscrap, namely the following : kg. 2.5% clean aluminium lithographic sheets covered by ISRI code word ‗Tablet‗; new, clean aluminium lithographic sheets covered by ISRI code word ‗Tabloid‗; mixed low copper aluminium clippings and solids covered by ISRI code word ‗Taboo‗; clean mixed old alloy sheet aluminium covered by ISRI code word ‗Taint‗/‗Tabor‗; new aluminiumcan stockcovered by ISRIcode word ‗Take‗; old can stock covered by ISRI code word ‗Talc‗; shredded aluminium used beverages can (U) scrap covered by ISRI code word ‗Talcred‗; densified aluminiumusedbeverages can (UBC) scrap covered by ISRI code word ‗Taldack‗; baled aluminium used beverage can (UBC) scrap covered by ISRI code word ‗Taldon‗; briquetted aluminiumusedbeverage can (UBC) scrap covered by ISRI code word ‗Taldork‗; painted siding covered by ISRI code word ‗Tale‗; coated scrap covered by ISRI code word ‗Talent‗; aluminiumscrap radiators covered by ISRIcodeword ‗Talk‗; ----- **SECTION-XV** 695 **CHAPTER-76** **(1)** **(2)** **(3)** **(4)** **(5)** E.C. aluminium nodules covered by ISRI code word ‗Tall‗; new pure aluminium wire and cable covered by ISRI code word ‗Talon‗; new mixedaluminiumwire and cable covered by ISRI code word ‗Tann‗; Old pure aluminium wire and cable covered by ISRI code word ‗Taste‗; old mixed aluminium wire and cable covered by ISRI code word ‗Tassel‗; aluminiumpistons covered by ISRIcode word‗Tarry‗; segregated aluminium borings and turnings covered by ISRI code word ‗Teens‗; mixed aluminiumcastingscovered by ISRIcode word ‗Telic‗; mixed aluminiumcastingscovered by ISRIcode word ‗Tense‗; wrecked airplane sheet aluminium covered by ISRI code word ‗Tepid‗; new aluminium foil covered by ISRI code word ‗Terse‗; Newaluminiumfoil covered by ISRIcodeword 'Tetra'; Old aluminiumfoil covered by ISRIcode word 'Tesla; aluminium grindings covered by ISRI code word ‗Thigh‗; segregated new aluminium alloy clippings and solids covered by ISRI code word ‗Tooth‗; mixed new aluminium alloy clippings and solids covered by ISRI code word ‗Tough‗; segregated new aluminium castings, forgings and extrusions covered by ISRI code word ‗Tread‗; aluminium auto castings covered by ISRI code word ‗Trump‗; insulated aluminiumwire scrapcovered by ISRIcode word ‗Twang‗; aluminium airplane castings covered by ISRI code word ‗Twist‗; fragmentizer aluminium scrap (from automobile shredder) covered by ISRI code word ‗Twitch‗; Aluminiumauto or truckwheelscovered by ISRIcode word 'Troma' ; Fragmentizer aluminium scrap from automobile shredders covered by ISRI code word 'Tweak'; Burnt Fragmentizeraluminiumscrap(fromautomobile shredders) covered by ISRI code word 'Twire'; ----- **SECTION-XV** **CHAPTER-76** **(1)** **(2)** **(3)** **(4)** **(5)** Shreddednon-ferrousscrap(predominantlyaluminium) covered by ISRI code word 'Zorba'; Newproductionaluminiumextrusionscovered byISRI code word 'Tata'; Allaluminiumradiatorsfromautomobiles covered by ISRI code word 'Tally'; Aluminium extrusions '10/10 covered by ISRI code word 'Toto'; Aluminium extrusions dealer grade covered by the word 'Tutu'; 7602 00 90 --- Other waste and scrap kg. 2.5% **7603** **ALUMINIUM** **POWDERS** **AND** **FLAKES** 7603 10 _- Powders of non-lamellar structure :_ 7603 10 10 --- Aluminium powder for thermit process kg. 7.5% 7603 10 90 --- Other kg. 7.5% 7603 20 00 - Powders of lamellar structure; flakes kg. 7.5% **7604** **ALUMINIUM** **BARS,** **RODS** **AND** **PROFILES** 7604 10 _- Of aluminium, not alloyed :_ 7604 10 10 --- Wire rods kg. 7.5% 7604 10 20 --- Bars and rods, other than wire rods kg. 7.5% _--- Profiles :_ 7604 10 31 ---- Hollow kg. 7.5% 7604 10 39 ---- Other kg. 7.5% _- Of aluminium alloys :_ 7604 21 00 -- Hollow profiles kg. 7.5% 7604 29 _-- Other :_ 7604 29 10 --- Hard drawn bare aluminium conductors steel kg. 7.5% re-inforced (A.C.S.R.) 7604 29 20 --- Wire rods kg. 7.5% 7604 29 30 --- Bars and rods, other than wire rods kg. 7.5% 7604 29 90 --- Other kg. 7.5% **7605** **ALUMINIUM** **WIRE** _- Of aluminium, not alloyed :_ 7605 11 00 -- Of which the maximum cross-sectional kg. 7.5% dimension exceeds 7 mm 7605 19 _-- Other :_ 7605 19 10 --- Of which the maximum cross-sectional kg. 7.5% dimension exceeds 6 mm but does not exceed 7 mm _--- Other :_ 7605 19 91 ---- Hard drawn bare-solid kg. 7.5% 7605 19 99 ---- Other kg. 7.5% ----- **SECTION-XV** **CHAPTER-76** **(1)** **(2)** **(3)** **(4)** **(5)** _- Of aluminium alloys :_ 7605 21 00 -- Of which the maximum cross-sectional dimension kg. 7.5% exceeds 7 mm 7605 29 _-- Other :_ 7605 29 10 --- Of which the maximum cross-sectional dimension kg. 7.5% exceeds 6 mm but does not exceed 7 mm 7605 29 90 --- Other kg. 7.5% **7606** **ALUMINIUM** **PLATES,** **SHEETS** **AND** **STRIP,** **OF** **A** **THICKNESS** **EXCEEDING 0.2 MM** - _Rectangular (including square) :_ 7606 11 _-- Of aluminium, not alloyed :_ 7606 11 10 --- Electrolytic plates or sheets kg. 7.5% 7606 11 90 --- Other kg. 7.5% 7606 12 00 -- Of aluminium alloys kg. 7.5% _- Other :_ 7606 91 _-- Of aluminium, not alloyed :_ 7606 91 10 --- Circles kg. 7.5% 7606 91 20 --- Electrolytic plates or sheets kg. 7.5% 7606 91 90 --- Other kg. 7.5% 7606 92 _-- Of aluminium alloys :_ 7606 92 10 --- Circles kg. 7.5% 7606 92 90 --- Other kg. 7.5% **7607** **ALUMINIUM** **FOIL** **(WHETHER** **OR** **NOT** **PRINTED** **OR** **BACKED WITH PAPER, PAPERBOARD, PLASTICS OR** **SIMILAR BACKING MATERIALS) OF A THICKNESS** **(EXCLUDING ANY BACKING) NOT EXCEEDING 0.2 MM** _- Not backed :_ 7607 11 _-- Rolled but not further worked :_ 7607 11 10 --- Ordinarily used for tea chest lining kg. 7.5% 7607 11 90 --- Other kg. 7.5% 7607 19 _-- Other :_ 7607 19 10 --- Ordinarily used for tea chest lining kg. 7.5% --- _Other :_ 7607 19 91 ---- Plain kg. 7.5% 7607 19 92 ---- Embossed kg. 7.5% 7607 19 93 ---- Perforated or cut-to-shape kg. 7.5% 7607 19 94 ---- Coated kg. 7.5% 7607 19 95 ---- Printed kg. 7.5% 7607 19 99 ---- Other kg. 7.5% 7607 20 _- Backed :_ 7607 20 10 --- Ordinarily used for tea chest lining kg. 7.5% 7607 20 90 --- Other kg. 7.5% ----- **SECTION-XV** **CHAPTER-76** **(1)** **(2)** **(3)** **(4)** **(5)** **7608** **ALUMINIUM** **TUBES** **AND PIPES** 7608 10 00 - Of aluminium, not alloyed kg. 10% 7608 20 00 - Of aluminium alloys kg. 10% **7609 00 00** **ALUMINIUM** **TUBE** **OR** **PIPE** **FITTINGS** **(FOR** **EXAMPLE,** kg. 10% **COUPLINGS, ELBOWS, SLEEVES)** **7610** **ALUMINIUM** **STRUCTURES** **(EXCLUDING** **PREFABRICATED BUILDINGS OF HEADING** **9406)** **AND** **PARTS OF STRUCTURES** **(FOR EXAMPLE,** **BRIDGES AND** **BRIDGE-SECTIONS,** **TOWERS,** **LATTICE MASTS,** **ROOFS,** **ROOFING FRAMEWORKS,** **DOORS AND WINDOWS AND** **THEIR** **FRAMES** **AND** **THRESHOLDS** **FOR** **DOORS,** **BALUSTRADES,** **PILLARS AND COLUMNS);** **ALUMINIUM** **PLATES,** **RODS,** **PROFILES,** **TUBES AND THE LIKE,** **PREPARED FOR USE IN STRUCTURES** 7610 10 00 - Doors, windows and their frames and thresholds kg. 10% for doors 7610 90 _-_ _Other :_ 7610 90 10 --- Structures kg. 10% 7610 90 20 --- Parts of structures, not elsewhere specified kg. 10% 7610 90 30 --- Aluminium plates, rods, profiles, tubes and the kg. 10% kg. 7610 90 90 -- like, prepared for use in structure Other 10% **7611 00 00** **ALUMINIUM RESERVOIRS, TANKS, VATS AND SIMILAR** kg. 10% **CONTAINERS, FOR ANY MATERIAL** **(OTHER THAN** **COMPRESSED OR LIQUEFIED GAS), OF A CAPACITY** **EXCEEDING** **300 L, WHETHER OR NOT LINED OR** **HEAT-INSULATED,** **BUT** **NOT** **FITTED** **WITH** **MECHANICAL OR THERMAL EQUIPMENT** **7612** **ALUMINIUM** **CASKS,** **DRUMS,** **CANS,** **BOXES** **AND** **SIMILAR** **CONTAINERS** **(INCLUDING** **RIGID** **OR** **COLLAPSIBLE** **TUBULAR** **CONTAINERS),** **FOR** **ANY** **MATERIAL** **(OTHER THAN COMPRESSED OR LIQUEFIED** **GAS),** **OF A CAPACITY NOT EXCEEDING** **300 l,** **WHETHER OR NOT LINED OR HEAT-INSULATED, BUT** **NOT FITTED WITH MECHANICAL OR THERMAL** **EQUIPMENT** 7612 10 - _Collapsible tubular containers :_ 7612 10 10 --- Plain kg. 10% 7612 10 20 --- Lacquered kg. 10% 7612 10 30 --- Printed kg. 10% 7612 10 90 --- Other kg. 10% ----- **SECTION-XV** **CHAPTER-76** **(1)** **(2)** **(3)** **(4)** **(5)** 7612 90 _- Other :_ 7612 90 10 --- Plain kg. 10% 7612 90 20 --- Lacquered kg. 10% 7612 90 30 --- Printed kg. 10% 7612 90 90 --- Other kg. 10% **7613** **ALUMINIUM** **CONTAINERS** **FOR** **COMPRESSED** **OR** **LIQUEFIED GAS** 7613 00 _-_ _---_ _Aluminium containers for compressed or liquefied_ _gas :_ _Low pressure cylinders :_ 7613 00 11 ---- Plain kg. 10% 7613 00 12 ---- Lacquered kg. 10% 7613 00 13 ---- Printed kg. 10% 7613 00 19 7613 00 21 --- _---_ --- Other _High pressure cylinders :_ Plain kg. kg. 10% 10% 7613 00 22 ---- Lacquered kg. 10% 7613 00 23 ---- Printed kg. 10% 7613 00 29 7613 00 91 --- _---_ --- Other _Other :_ Plain kg. kg. 10% 10% 7613 00 92 ---- Lacquered kg. 10% 7613 00 93 ---- Printed kg. 10% 7613 00 99 ---- Other kg. 10% **7614** **STRANDED** **WIRE,** **CABLES,** **PLAITED** **BANDS** **AND** **THE** **LIKE, OF ALUMINIUM, NOT ELECTRICALLY INSULATED** 7614 10 00 - With steel core kg. 10% 7614 90 00 - Other kg. 10% **7615** **TABLE,** **KITCHEN** **OR** **OTHER** **HOUSEHOLD** **ARTICLES** **AND PARTS THEREOF,** **OF ALUMINIUM;** **POT SCOURERS** **AND SCOURING OR POLISHING PADS, GLOVES AND THE** **LIKE,** **OF ALUMINIUM;** **SANITARY WARE AND PARTS** **THEREOF, OF ALUMINIUM** 7615 10 _- Table, kitchen or other household articles and_ - - _parts thereof; pot scourers and scouring or_ _polishing pads, gloves and the like:_ _Pressure cookers, solar collectors:_ 7615 10 11 - - - - Pressure cookers kg. 20% 7615 10 12 - - - Solar collectors kg. 20% - - - _Utensils:_ 7615 10 21 - - - - Non-stick kg. 20% 7615 10 29 - - -- Other kg. 20% ----- **SECTION-XV** **CHAPTER-76** **(1)** **(2)** **(3)** **(4)** **(5)** 7615 10 30 - - - Other table, kitchen or household articles kg. 20% 7615 10 40 - - - Pot scourers and scouring or polishing pads, gloves kg. 20% and the like 7615 10 90 - - - Parts kg. 20% 7615 20 - _Sanitary ware and parts thereof :_ 7615 20 10 --- Sanitary ware of aluminium and aluminium alloys kg. 10% for indoor use 7615 20 20 --- Parts kg. 10% 7615 20 90 --- Other kg. 10% **7616** **OTHER** **ARTICLES** **OF** **ALUMINIUM** 7616 10 00 - Nails, tacks, staples (other than those of heading kg. 10% 8305), screws, bolts, nuts, screw hooks, rivets, cotters, cotter-pins, washers and similar articles _- Other :_ 7616 91 00 -- Cloth, grill, netting and fencing, of aluminium wire kg. 10% 7616 99 _-- Other :_ 7616 99 10 --- Expanded metal of aluminium and aluminium alloys kg. 10% 7616 99 20 --- Chains kg. 10% 7616 99 30 --- Bobbins kg. 10% 7616 99 90 --- Other kg. 10% ----- **SECTION-XV** **CHAPTER-77** **CHAPTER** **77** **_(Reserved for possible future use)_** ----- **CHAPTER** **78** **_Lead and articles thereof_** **SUB** **HEADING** **NOTE** **:** In this Chapter the expression ―refined lead‖ means metal containing by weight at least 99.9% of lead, provided that the content by weight of any other element does not exceed the limit specified in the following Table: **TABLE** **–** **OTHER ELEMENTS** Element Limiting content % by weight Ag As Bi Ca Cd Cu Fe S Sb Sn Zn Other (for each Silver 0.02 Arsenic 0.005 Bismuth 0.05 Calcium 0.002 Cadmium 0.002 Copper 0.08 Iron 0.002 Sulphur 0.002 Antimony 0.005 Tin 0.005 Zinc 0.002 example Te), 0.001 **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard** **Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **7801** **UNWROUGHT** **LEAD** 7801 10 00 - Refined lead kg. 5% - _Other :_ 7801 91 00 -- Containing by weight antimony as the principal other element 7801 99 _-- Other :_ kg. 5% 7801 99 10 --- Pig lead kg. 5% 7801 99 20 --- Unrefined lead kg. 5% 7801 99 30 --- Unrefined lead alloys kg. 5% 7801 99 90 **---** Other kg. 5% **-** **7802** **LEAD** **WASTE** **AND** **SCRAP** 7802 00 - _Lead waste and scrap:_ 7802 00 10 _---_ Lead scrap, namely the following: kg. _5 %_ _-_ scrap lead-soft covered by ISRI code word ‗Racks‗; mixed hard or soft scrap lead covered by ISRI d d R di ‗ h l i h d b ----- mixed common babbit covered by ISRI code word ‗Roses‗; Scrap wet whole intact lead batteries consisting of SLI (starting, lighting an ignition), automotive, truck, 8-D and commercial golf cart and marine type batteries covered by ISRI code word 'Rink'; Scrap industrial intact lead cells consisting of plates enclosed by some form of complete plastic case covered by ISRI code wordn 'Rono'; Scrap whole Intact Industrial Lead Batteries Consisting of bus, diesel, locomotive, telephone or steel cased batteries covered by ISRI code word 'Roper'; 7802 00 90 --- Other kg. 5% **7804** **LEAD PLATES, SHEETS, STRIP AND FOIL; LEAD POWDERS** **AND FLAKES** _- Plates, sheets, strip and foil :_ 7804 11 _-- Sheets, strip and foil of a thickness (excluding_ _any backing) not exceeding 0.2 mm :_ 7804 11 10 --- Sheets and strip kg. 5% 7804 11 20 --- Foil kg. 5% 7804 19 _-- Other :_ 7804 19 10 --- Plates kg. 5% 7804 19 90 --- Other kg. 5% 7804 20 00 - Powders and flakes kg. 5% **7806** **OTHER** **ARTICLES** **OF** **LEAD** 7806 00 **-** _Other articles of lead_ 7806 00 10 --- Sanitary fixtures kg. 10% 7806 00 20 --- Indian lead seals kg. 10% 7806 00 30 --- Blanks kg. 10% 7806 00 90 --- Other kg. 10% ----- **SECTION-XV** **CHAPTER-79** **CHAPTER** **79** **_Zinc and articles thereof_** **SUB-HEADING** **NOTE** **:** In this Chapter, the following expressions have the meanings hereby assigned to them: _(a)_ _Zinc, not alloyed_ Metal containing by weight at least 97.5% of Zinc. _(b)_ _Zinc alloys_ Metallic substances in which zinc predominates by weight over each of the other elements, provided that the total content by weight of such other elements exceeds 2.5%. _(c)_ _Zinc dust_ Dust obtained by condensation of zinc vapour, consisting of spherical particles which are finer than zinc powders. At least 80% by weight of the particles pass through a sieve with 63 micrometres (microns) mesh. It must contain at least 85% by weight of metallic zinc. **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard** **Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **7901** **UNWROUGHT** **ZINC** **_-_** _Zinc, not alloyed :_ 7901 11 00 **--** Containing by weight 99.99% or more of zinc kg. 5% 7901 12 00 **--** Containing by weight less than 99.99% of zinc kg. 5% 7901 20 **_-_** _Zinc alloys :_ 7901 20 10 **---** Mozak or alloys of zinc and aluminium containing not less than 94% by weight of zinc kg. 7.5% 7901 20 90 --- Other kg. 7.5% **7902** **ZINC WASTE AND SCRAP** 7902 00 - _Zinc waste and scrap :_ 7902 00 10 --- Zinc scrap, namely the following : kg. 5% old zinc die cast scrap covered by ISRI code word ‗Saves‗; new zinc die cast scrap covered by ISRI code word ‗Scabs‗; new plated zinc die cast scrap covered by ISRI code word ‗Scope‗; zinc die cast automotivegrills covered by ISRIcode word ‗Scoot‗; Old scrap zinc covered by ISRI code word ‗Score‗; New zinc clippings covered by ISRI code word ‗Screen‗; crushed clean sorted fragmentizers die cast scrap, as produced from automobile fragmentizers covered by ISRI code word Scribe‗; ----- zinc-bearing scrap covered by ISRI code word 'Scroll' 7902 00 90 **---** OTHER kg. 5% **7903** **ZINC DUST, POWDERS** **AND FLAKES** 7903 10 00 - Zinc dust kg. 5% 7903 90 00 - Other kg. 5% **7904** **ZINC** **BARS,** **RODS,** **PROFILES** **AND** **WIRE** 7904 00 - _Zinc bars, rods, profiles and wire :_ **_---_** _Bars and rods :_ 7904 00 11 ---- Hollow bars kg. 5% 7904 00 12 ---- Rods, including wire rods kg. 5% 7904 00 19 ---- Other kg. 5% --- _Profiles_ _:_ 7904 00 21 ---- Hollow kg. 5% 7904 00 22 ---- Angles, shapes and sections kg. 5% 7904 00 29 ---- Other kg. 5% 7904 00 30 --- Wire kg. 5% **7905** **ZINC** **PLATES,** **SHEETS,** **STRIP** **AND** **FOIL** 7905 00 - _Zinc plates, sheets, strip and foil :_ 7905 00 10 --- Calots kg. 5% 7905 00 20 --- Plates kg. 5% 7905 00 30 --- Sheets, strip and circles kg. 5% 7905 00 40 --- Foil kg. 5% **7907** **OTHER** **ARTICLES** **OF** **ZINC** 7907 00 - _Other articles of zinc :_ 7907 00 10 --- Sanitary fixtures kg. 10% 7907 00 90 --- Other kg. 10% ----- **SECTION-XV** **CHAPTER-80** **CHAPTER** **80** **_Tin and articles thereof_** **SUB-HEADING** **NOTE** **:** In this Chapter, the following expressions have the meanings hereby assigned to them: _(a)_ _Tin, not alloyed_ Metal containing by weight at least 99% of tin, provided that the content by weight of any bismuth or copper is less than the limit specified in the following Table: TABLE – OTHER ELEMENTS Element Limiting content % by weight Bi BISMUTH 0.1 Cu COPPER 0.4 _(b)_ _Tin alloys_ Metallic substances in which tin predominates by weight over each of the other elements, provided that: (i) the total content by weight of such other elements exceeds 1%; or (ii) the content by weight of either bismuth or copper is equal to or greater than the limit specified in the foregoing table **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard** **Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **8001** **UNWROUGHT** **TIN** 8001 10 _- Tin, not alloyed :_ 8001 10 10 --- Blocks kg. 5% 8001 10 90 --- Ingots, pigs, slabs and other primary forms of tin kg. 5% 8001 20 00 - Tin alloys kg. 5% **8002** **TIN** **WASTE** **AND** **SCRAP** 8002 00 - _Tin waste and scrap :_ 8002 00 10 _--- Tin scrap, namely the following_ **_:_** kg. 5% _-_ block tin covered by ISRI code word ‗Ranch‗; high tin base babbit covered by ISRI code word ‗Raves‗; pewter covered by ISRI code word ‗Ranks‗ 8002 00 90 --- Other kg. 5% **8003** **TIN** **BARS,** **RODS,** **PROFILES** **AND** **WIRE** 8003 00 - _Tin bars, rods, profiles and wire :_ 8003 00 10 --- Hollow bars kg. 5% 8003 00 20 B h h h ll b d k 5% ----- 8003 00 40 --- Wire kg. 5% **8007** **OTHER** **ARTICLES** **OF** **TIN** 8007 00 - _Other articles of tin :_ 8007 00 10 --- Blanks kg. 10% 8007 00 90 --- Other kg. 10% ----- **SECTION-XV** **CHAPTER-81** **CHAPTER** **81** **_Other base metals; cermets; articles thereof_** **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard** **Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **8101** **TUNGSTEN** **(WOLFRAM)** **AND** **ARTICLES** **THEREOF,** **INCLUDING WASTE AND SCRAP** 8101 10 00 8101 94 00 8101 96 00 8101 10 00 - Powders kg. 5% - _Other :_ 8101 94 00 -- Unwrought tungsten, including bars and rods kg. 5% obtained simply by sintering 8101 96 00 -- Wire kg. 5% 8101 97 00 -- Waste and scrap kg. 5% 8101 99 -- _Other :_ 8101 99 10 --- Tungsten filament kg. 10% 8101 99 90 --- Other kg. 10% **8102** **MOLYBDENUM** **AND** **ARTICLES** **THEREOF, INCLUDING** **WASTE AND SCRAP** - - 8102 10 00 8102 94 00 8102 95 8102 95 10 - - -- Powders _Other :_ Unwrought molybdenum, including bars and rods obtained simply by sintering _Bars and rods, other than those obtained_ _simply by sintering, profiles, plates, sheets,_ _strip and foil :_ Hollow bars kg. kg. kg. 5% 5% 5% 8102 95 90 --- Other kg. 5% 8102 96 00 -- Wire kg. 5% 8102 97 00 -- Waste and scrap kg. 5% 8102 99 00 -- Other kg. 10% **8103** **TANTALUM** **AND** **ARTICLES** **THEREOF,** **INCLUDING** **WASTE AND SCRAP** 8103 20 _Unwrought tantalum, including bars and rods_ _obtained simply by sintering; powders :_ ----- **SECTION-XV** **CHAPTER-81** **(1)** **(2)** **(3)** **(4)** **(5)** 8103 20 10 --- Hollow bars kg. 5% 8103 20 90 --- Other kg. 5% 8103 30 00 8103 91 00 - Waste and scrap _Other:_ Crucibles kg. kg. 5% 10% 8103 99 00 -- Other kg. 10% **8104** **MAGNESIUM AND ARTICLES THEREOF, INCLUDING** **WASTE AND SCRAP** - _Unwrought magnesium :_ 8104 11 00 -- Containing at least 99.8% by weight of magnesium 8104 19 00 -- Other 8104 20 - _Waste and scrap :_ 8104 11 00 8104 19 00 - - 5% 5% 5% 5% 8104 20 10 --- Magnesium scrap, namely the following : magnesium clips covered by ISRI code word ‗Wafer‗; magnesium scrap covered by ISRI code word ‗Walnut‗; magnesium engraver plates covered by ISRI code word ‗Wine‗; magnesium dock boards covered by ISRI code word ‗Wood‗; magnesium turnings covered by ISRI code word ‗World‗ 8104 20 90 --- Other 8104 30 - _Raspings,_ _turnings_ _and_ _granules,_ _graded_ _according to size; powders :_ 8104 30 10 --- Raspings, turnings and granules, graded according to size kg. kg. kg. kg. kg. 5% 8104 30 20 --- Powders kg. 5% 8104 90 - _Other :_ 8104 90 10 --- Other magnesium and magnesium base alloys, kg. 5% wrought 8104 90 20 --- Flakes kg. 5% 8104 90 30 --- Wire kg. 5% 8104 90 90 --- Other kg. 10% **8105** **COBALT** **MATTES** **AND** **OTHER** **INTERMEDIATE** **PRODUCTS** **OF** **COBALT** **METALLURGY;** **COBALT** **AND** **ARTICLES THEREOF,** **INCLUDING WASTE AND SCRAP** 8105 20 - _Cobalt mattes and other intermediate products_ 8104 90 20 -- _of cobalt metallurgy; unwrought cobalt;_ _powders :_ 8105 20 10 --- Cobalt mattes and other intermediate products kg. 2.5% of cobalt metallurgy 8105 20 20 --- Cobalt unwrought kg. 5% 8105 20 30 --- Powders kg. 5% ----- **SECTION-XV** **CHAPTER-81** **(1)** **(2)** **(3)** **(4)** **(5)** 8105 30 00 - Waste and scrap kg. 5% 8105 90 00 - Other kg. 10% **8106** **BISMUTH** **AND** **ARTICLES** **THEREOF,** **INCLUDING** **WASTE** **AND SCRAP** 8106 10 **- Containing more than 99.99 % of bismuth, by** _weight:_ 8106 10 10 --- Bismuth, unwrought kg. 5% 8106 10 20 --- Articles of bismuth kg. 5% 8106 10 90 --- Other kg. 10% 8106 90 - _Other:_ 8106 90 10 --- Waste and scrap of bismuth and bismuth alloys kg. 5% 8106 90 90 --- Other kg. 10% **8108** **TITANIUM** **AND** **ARTICLES** **THEREOF,** **INCLUDING** **WASTE AND SCRAP** 8108 20 00 - Unwrought titanium; powders kg. 5% 8108 30 00 - Waste and scrap kg. 5% 8108 90 - _Other :_ 8108 90 10 --- Titanium, wrought kg. 5% 8108 90 90 --- Other kg. 10% **8109** **ZIRCONIUM** **AND** **ARTICLES** **THEREOF,** **INCLUDING** **WASTE AND SCRAP** - _Unwrought zirconium; powders:_ 8109 21 00 -- Containing less than 1 part hafnium to 500 parts kg. 10% zirconium by weight 8109 29 00 -- Other kg. 10% - _Waste and scrap:_ 8109 31 00 -- Containing less than 1 part hafnium to 500 parts kg. 10% zirconium by weight 8109 39 00 -- Other kg. 10% - _Other:_ 8109 91 00 -- Containing less than 1 part hafnium to 500 parts kg. 10% zirconium by weight 8109 99 00 -- Other kg. 10% **8110** **ANTIMONY** **AND** **ARTICLES** **THEREOF,** **INCLUDING** **WASTE AND SCRAP** 8110 10 00 - Unwrought antimony; powders kg. 2.5% 8110 20 00 - Waste and scrap kg. 2.5% 8110 90 00 - Other kg. 10% **8111** **MANGANESE** **AND** **ARTICLES** **THEREOF,** **INCLUDING** **WASTE** **AND SCRAP** 8111 00 **-** _Manganese and articles thereof, including waste and scrap_ 8111 00 10 --- Unwrought manganese and manganese base alloys kg. 5% ----- **SECTION-XV** **CHAPTER-81** **(1)** **(2)** **(3)** **(4)** **(5)** 8111 00 20 --- Waste and scrap of manganese base alloys kg. 5% 8111 00 30 --- Wrought manganese kg. 5% 8111 00 90 --- Other kg. 10% **8112** **BERYLLIUM,** **CHROMIUM,** **HAFNIUM,** **RHENIUM,** **THALLIUM, CADMIUM, GERMANIUM, VANADIUM,** **GALLIUM,** **INDIUM** **AND** **NIOBIUM** **(COLUMBIUM** **AND)** **AND ARTICLES OF THESE METALS, INCLUDING WASTE** **AND SCRAP;** **-** _Beryllium :_ 8112 12 00 -- Unwrought; powders kg. 5% 8112 13 00 -- Waste and scrap kg. 5% 8112 19 00 8112 21 00 - - Other _Chromium :_ Unwrought; powders kg. kg. 10% 5% 8112 22 00 -- Waste and scrap kg. 5% 8112 29 00 -- Other kg. 10% - _Hafnium:_ 8112 31 -- Unwrought; waste and scrap; powders: 8112 31 10 --- Unwrought kg. 10% 8112 31 20 --- Waste and scrap kg. 10% 8112 31 30 --- Powders kg. 10% 8112 39 00 -- Other kg. 10% - _Rhenium:_ 8112 41 -- Unwrought; waste and scrap; powders: 8112 41 10 --- Unwrought kg 10% 8112 41 20 --- Waste and scrap kg. 10% 8112 41 30 --- Powders kg. 10% 8112 49 00 -- Other kg. 10% _Thallium :_ Unwrought; powders kg. 8112 51 00 - 5% 8112 52 00 -- Waste and scrap kg. 5% 8112 59 00 -- Other kg. 10% - _Cadmium:_ 8112 61 00 -- Waste and scrap kg. 5% 8112 69 -- _Other:_ 8112 69 10 --- Cadmium, unwrought; Powders kg. 5% 8112 69 20 --- Cadmium, wrought kg. 5% 8112 69 90 --- Other kg. 10% _Other:_ Unwrought; waste and scrap; powders Other 8112 92 00 8112 99 00 -- kg. kg. 5% 10% **8113** **CERMETS** **AND** **ARTICLES** **THEREOF, INCLUDING** **WASTE** **AND SCRAP** 8113 00 **-** _Cermets and articles thereof, including waste_ _andscrap :_ 8113 00 10 --- Unwrought cermets kg. 10% 8113 00 20 --- Waste and scrap of cermets kg. 10% 8113 00 30 A ti l f t k 10% ----- **SECTION-XV** **CHAPTER-82** **CHAPTER** **82** **_Tools, implements, cutlery, spoons and forks, of base metal;_** **_parts thereof of base metal_** **NOTES** **:** 1. Apart from blow lamps, portable forges, grinding wheels with frameworks, manicure or pedicure sets, and goods of heading 8209, this Chapter covers only articles with a blade, working edge, working surface or other working part of: (a) base metal; (b) metal carbides or cermets; (c) precious or semi-precious stones (natural, synthetic or reconstructed) on a support of base metal, metal carbide or cermet; or (d) abrasive materials on a support of base metal, provided that the articles have cutting teeth, flutes, grooves, or the like, of base metal, which retain their identity and function after the application of the abrasive. 2. Parts of base metal of the articles of this Chapter are to be classified with the articles of which they are parts, except parts separately specified as such and tool-holders for hand tools (heading 8466). However, parts of general use as defined in Note 2 to Section XV are in all cases excluded from this Chapter. Heads, blades and cutting plates for electric shavers or electric hair clippers are to be classified in heading 8510. 3. Sets consisting of one or more knives of heading 8211 and at least an equal number of articles of heading 8212.5 are to be classified in heading 8212.5. **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **8201** **HAND** **TOOLS,** **THE** **FOLLOWING:** **SPADES,** **SHOVELS,** **MATTOCKS,** **PICKS,** **HOES,** **FORKS AND RAKES;** **AXES,** **BILL HOOKS AND SIMILAR HEWING TOOLS; SECATEURS** **AND PRUNERS OF ANY KIND; SCYTHES,** **SICKLES,** **HAY** **KNIVES, HEDGE SHEARS, TIMBER WEDGES AND OTHER** **TOO LS O F A KIND USED IN AGRICULTURE, HORTICULTURE** **OR FORESTRY.** 8201 10 00 - Spades and shovels kg. 10% 8201 30 00 - Mattocks, picks, hoes and rakes kg. 10% 8201 40 00 - Axes, bill hooks and similar hewing tools kg. 10% 8201 50 00 - Secateurs and similar one-handed pruners and kg. 10% shears (including poultry shears) 8201 60 00 - Hedge shears, two-handed pruning shears and kg. 10% similar two-handed shears ----- **SECTION-XV** **CHAPTER-82** **(1)** **(2)** **(3)** **(4)** **(5)** 8201 90 00 - Other hand tools of a kind used in agriculture, kg. 10% horticulture or forestry **8202** **HAND** **SAWS;** **BLADES** **FOR** **SAWS** **OF** **ALL** **KINDS** **(INCLUDING SLITTING,** **SLOTTING OR TOOTHLESS SAW** **BLADES)** 8202 10 - _Hand saws :_ 8202 10 10 --- Metal working hand saws kg. 10% 8202 10 20 --- Wood working and similar hand saws kg. 10% 8202 10 90 --- Other kg. 10% 8202 20 00 - Band saw blades kg. 10% - _Circular saw blades (including slitting or slotting_ _saw blades):_ 8202 31 00 -- With working part of steel kg. 10% 8202 39 00 -- Other, including parts kg. 10% 8202 40 00 - Chain saw blades kg. 10% - _Other saw blades :_ 8202 91 -- _Straight saw blades, for working metal:_ 8202 91 10 --- Machine operated kg. 10% 8202 91 20 --- Hand operated kg. 10% 8202 99 -- _Other:_ 8202 99 10 --- Hacksaw frames kg. 10% 8202 99 90 --- Other kg. 10% **8203** **FILES,** **RASPS,** **PLIERS** **(INCLUDING** **CUTTING** **PLIERS),** **PINCERS,** **TWEEZERS,** **METAL** **CUTTING** **SHEARS,** **PIPE-** **CUTTERS, BOLT CROPPERS, PERFORATING PUNCHES** **AND SIMILAR HAND TOOLS** 8203 10 00 - Files, rasps and similar tools kg. 10% 8203 20 00 - Pliers (including cutting pliers), pincers, kg. 10% tweezers and similar tools 8203 30 00 - Metal cutting shears and similar tools kg. 10% 8203 40 - _Pipe-cutters, bolt croppers, perforating punches_ _and similar tools :_ 8203 40 10 --- Perforating punches and pipe cutters kg. 10% 8203 40 90 --- Other kg. 10% **8204** **HA ND-O** **P E RAT E D** **S PA NN E RS** **A ND** **W RENC** **HE S** **(INCLUDING TORQUE METER WRENCHES BUT NOT** **INCLUDING** **TAP** **WRENCHES);** **INTERCHANGEABLE** **SPANNER SOCKETS,** **WITH OR WITHOUT HANDLES** - _Hand-operated spanners and wrenches:_ 8204 11 -- _Non-adjustable :_ 8204 11 10 --- Spanners kg. 10% ----- **SECTION-XV** **CHAPTER-82** **(1)** **(2)** **(3)** **(4)** **(5)** 8204 11 20 --- Wrenches kg. 10% 8204 12 -- _Adjustable :_ 8204 12 10 --- Spanners kg. 10% 8204 12 20 --- Wrenches kg. 10% 8204 20 00 - Interchangeable spanner sockets, with or without handles **8205** **HAND TOOLS (INCLUDING** **GLAZIERS’ DIAMONDS),** **NOT ELSEWHERE SPECIFIED OR INCLUDED; BLOW** **LAMPS; VICES; CLAMPS AND THE LIKE, OTHER THAN** **ACCESSORIES FOR AND PARTS OF, MACHINE-TOOLS** **O R WAT ER-J ET CU TTING M A CHIN E S;** **A NVI LS ;** **PORTABLE FORGES;** **HAND-OR PEDAL-OPERATED** **GRINDING WHEELS WITH FRAMEWORKS** kg. 10% 8205 10 00 - Drilling, threading or tapping tools u 10% 8205 20 00 - Hammers and sledge hammers u 10% 8205 30 00 - Planes, chisels, gouges and similar cutting u 10% tools for working wood 8205 40 00 - Screwdrivers u 10% - _Other hand tools (including glaziers’ diamonds) :_ 8205 51 -- _Household tools :_ 8205 51 10 --- Can or cork openers u 10% 8205 51 90 --- Other u 10% 8205 59 -- _Other:_ 8205 59 10 --- Grease guns (excluding compressed air type) u 10% 8205 59 20 --- Metal working hand tools u 10% 8205 40 00 8205 51 - 8205 59 30 8205 59 40 -- - - Hand tools for specified uses, such as watch making tools, goldsmith tools Forks other than those of headings 8201 and 8215 u u 10% 10% 8205 59 90 --- Other u 10% 8205 60 00 - Blow lamps u 10% 8205 70 00 - Vices, clamps and the like u 10% 8205 90 8205 90 10 - - _Other, including sets of articles of two or more_ _sub-headings of this heading:_ Anvils and portable forges u 10% 8205 90 20 - - - Grinding wheels with frame, hand or pedal-operated u 10% 8205 90 30 - - - Sets of articles of two or more of the foregoing u 10% sub-headings 8205 90 90 - - - Other u 10% **8206** **TOOLS** **OF** **TWO** **OR** **MORE** **OF** **THE** **HEADINGS** **8202** **TO** **8205,** **PUT UP IN SETS FOR RETAIL SALE** 8206 00 **-** _Tools of two or more of the headings 8202 to 8205,_ _put up in sets for retail sale :_ ----- **SECTION-XV** **CHAPTER-82** **(1)** **(2)** **(3)** **(4)** **(5)** 8206 00 10 --- Garage tools in sets kg. 10% 8206 00 90 --- Other kg. 10% **8207** **INTERCHANGEABLE** **TOOLS F OR HAND TOOLS,** **WHETHER OR NOT P OWER-OPERATED,** **OR FOR** **MACHINE-TOOLS** **(FOR** **EXAMPLE,** **FOR** **PRESSING,** **STAMPING, PUNCHING, TAPPING, THREADING, DRILLING,** **BORING,** **BROACHING,** **MILLING,** **TURNING OR SCREW** **DRIVING),** **INCLUDING** **DIES F OR DRAWING OR** **EXTRUDING METAL,** **AND ROCK DRILLING OR EARTH** **BORING TOOLS** - _Rock drilling or earth boring tools :_ 8207 13 00 -- With working part of cermets kg. 10% 8207 19 00 -- Other, including parts kg. 10% 8207 20 00 - Dies for drawing or extruding metal kg. 10% 8207 30 00 - Tools for pressing, stamping or punching kg. 10% 8207 40 - _Tools for tapping or threading :_ 8207 40 10 --- Chasers kg. 10% 8207 40 90 --- Other kg. 10% 8207 50 00 - Tools for drilling, other than for rock drilling kg. 10% 8207 60 - _Tools for boring or broaching:_ 8207 60 10 --- Reamers kg. 10% 8207 60 90 --- Other kg. 10% 8207 70 - _Tools for milling :_ 8207 70 10 --- Cutters kg. 10% 8207 70 90 --- Other kg. 10% 8207 80 00 - Tools for turning kg. 10% 8207 90 - _Other interchangeable tools:_ 8207 90 10 --- For metal working hand tools kg. 10% 8207 90 20 --- For wood working hand tools kg. 10% 8207 90 30 --- Lathe tools and tool belts kg. 10% 8207 90 90 --- Other kg. 10% **8208** **KNIVES** **AND** **CUTTING** **BLADES,** **FOR** **MACHINES** **OR** **FOR MECHANICAL APPLIANCES** 8208 10 00 - For metal working u 10% 8208 20 00 - For wood working u 10% 8208 30 00 8208 40 00 8208 30 00 - For kitchen appliances or for machines used u 10% by the food industry 8208 40 00 - For agricultural, horticultural or forestry machines u 10% 8208 90 - _Other :_ 8208 90 10 --- Knives and cutting blades for paper cutting u 10% machines 8208 90 20 --- Bell skiving knives u 10% 8208 90 30 --- Band knives for splitting machine u 10% For kitchen appliances or for machines used by the food industry For agricultural, horticultural or forestry machines ----- **SECTION-XV** **CHAPTER-82** **(1)** **(2)** **(3)** **(4)** **(5)** 8208 90 40 --- Cutting and clicking dies u. 10% 8208 90 90 --- Other u 10% **8209** 8209 00 8209 00 **PLATES,** **STICKS,** **TIPS** **AND** **THE** **LIKE** **FOR** **TOOLS,** **UNMOUNTED, OF** **CERMETS** - _Plates, sticks, tips and the like for tools, unmounted,_ _of cermets:_ 10 --- Tungsten carbide tips kg. 10% 8209 00 90 --- Other kg. 10% **8210 00** **00** **HAND-OPERATED** **MECHANICAL** **APPLIANCES, WEIGHING** **10** **KG.** **OR LESS,** **USED** **IN THE PREPARATION,** **CONDITIONING OR SERVING OF FOOD OR DRINK** kg. 10% **8211** 8211 10 00 kg. **KNIVES WITH CUTTING BLADES, SERRATED OR NOT** **(INCLUDING PRUNING** **KNIVES), OTHER** **THAN KNIVES** **OF** **HEADING** **8208,** **AND** **BLADES** **THEREFOR** Sets of assorted articles 10% - _Other :_ 8211 91 00 -- Table knives having fixed blades kg. 10% 8211 92 00 -- Other knives having fixed blades kg. 10% 8211 93 -- _Knives having other than fixed blades:_ 8211 93 10 --- Pocket knives kg. 10% 8211 93 90 --- Other kg. 10% 8211 94 00 -- Blades kg. 10% 8211 95 00 -- Handles of base metal kg. 10% **8212** 8212 10 **RAZORS AND RAZOR BLADES (INCLUDING RAZORBLADE** **BLANKS** **IN STRIPS)** _Razors :_ 8212 10 10 --- Twin type shaving kg. 10% 8212 10 90 --- Other kg. 10% 8212 20 -- _Safety razor blades, including razor blade blanks_ _in strips:_ _Safety razor blades :_ 8212 20 11 ---- Disposable catridge blades kg. 10% 8212 20 19 ---- Other kg. 10% 8212 20 20 --- Safety razor blade blanks, in strips kg. 10% 8212 90 00 - Other parts kg. 10% **8213 00 00** **SCISSORS,** **TAILORS’** **SHEARS** **AND** **SIMILAR** **SHEARS,** **AND** **BLADES** **THEREFOR** **8214** **OTHER ARTICLES OF CUTLERY (FOR EXAMPLE, HAIR** **CLIPPERS,** **BUTCHERS’** **OR** **KITCHEN** **CLEAVERS,** **CHOPPERS** **AND** **MINCING** **KNIVES,** **PAPER** **KNIVES);** **MANICURE** **OR** **PEDICURE** **SETS** **AND** **INSTRUMENTS** **(INCLUDING NAIL FILES)** kg. 10% ----- **SECTION-XV** **CHAPTER-82** **(1)** **(2)** **(3)** **(4)** **(5)** 8214 10 - _Paper knives, letter openers, erasing knives,_ _pencil sharpeners and blades therefor:_ 8214 10 10 --- Paper knives, letter openers, erasing knives, pencil kg. 10% 8214 10 90 -- sharpeners Blades kg. 10% 8214 20 - _Manicure or pedicure sets and instruments (including_ _nail files):_ 8214 20 10 --- Nail cutters kg. 10% 8214 20 90 --- Other kg. 10% 8214 90 - _Other :_ 8214 90 10 --- Handles of cutlery of base metal kg. 10% 8214 90 90 --- Other kg. 10% **8215** **SPOONS,** **FORKS,** **LADLES,** **SKIMMERS,** **CAKE-SERVERS,** **FISH-KNIVES,** **BUTTER-KNIVES, SUGAR TONGS AND** **SIMILAR KITCHEN OR TABLEWARE** 8215 10 00 - Sets of assorted articles containing at least kg. 10% one article plated with precious metal 8215 20 00 - Other sets of assorted articles kg. 10% - _Other :_ 8215 91 00 -- Plated with precious metal kg. 10% 8215 99 00 -- Other kg. 10% 8215 20 00 ----- **SECTION-XV** **CHAPTER-83** **CHAPTER** **83** **_Miscellaneous articles of base metal_** **NOTES** **:** 1. For the purposes of this Chapter, parts of base metal are to be classified with their parent articles. However, articles of iron or steel of headings 7312, 7312.5, 7317, 7318 or 7320, or similar articles of other base metal (Chapters 74 to 76 and 78 to 81) are not to be taken as parts of articles of this Chapter. 2. For the purposes of heading 8302, the word ―castors‖ means those having a diameter (including, where appropriate, tyres) not exceeding 75 mm, or those having a diameter (including, where appropriate, tyres) exceeding 75 mm provided that the width of the wheel or tyre fitted thereto is less than 30 mm. **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **8301** **PADLOCKS AND LOCKS** **(KEY, COMBINATION OR** **ELECTRICALLY OPERATED),** **OF BASE METAL; CLASPS** **AND FRAMES** **WITH CLASPS, INCORPORATING LOCKS,** **OF** **BASE** **METAL;** **KEYS FOR** **ANY** **OF** **THE** **FOREGOING** **ARTICLES,** **OF BASE METAL** 8301 10 00 - Padlocks u 20% 8301 20 00 - Locks of a kind used for motor vehicles u 15% 8301 30 00 - Locks of a kind used for furniture u 20% 8301 40 - _Other locks :_ 8301 40 10 --- Combination locks u 20% 8301 40 90 --- Other u 20% 8301 50 00 - Clasps and frames with clasps, incorporating u 20% locks 8301 60 00 - Parts u 20% 8301 70 00 - Keys presented separately u 20% **8302** **BASE METAL MOUNTINGS, FITTINGS AND SIMILAR** **ARTICLES SUITABLE FOR FURNITURE, DOORS,** **STAIRCASES, WINDOWS, BLINDS, COACHWORK,** **SADDLERY, TRUNKS, CHESTS, CASKETS OR THE** **LIKE; BASE METAL HAT-RACKS, HAT-PEGS,** **BRACKETS AND SIMILAR FIXTURES; CASTORS WITH** **MOUNTINGS OF BASE METAL;** **AUTOMATIC DOOR** **CLOSERS OF BASE METAL** 8302 10 - _Hinges:_ 8302 10 10 --- Of steel kg. 15% 8302 10 20 --- Of brass kg. 15% ----- **SECTION-XV** **CHAPTER-83** **(1)** **(2)** **(3)** **(4)** **(5)** 8302 10 90 --- Other kg. 15% 8302 20 00 - Castors kg. 15% 8302 30 - _Other mountings, fittings and similar articles_ _suitable for motor vehicles:_ 8302 30 10 --- Curve drive stakes kg. 15% 8302 30 90 --- Other kg. 15% - _Other mountings, fittings and similar articles:_ 8302 41 -- _Suitable for buildings:_ 8302 41 10 --- Fittings for doors and windows kg. 15% 8302 41 20 --- Tower bolts kg. 15% 8302 41 90 --- Other kg. 15% 8302 42 00 -- Other, suitable for furniture kg. 15% 8302 49 00 -- Other kg. 15% 8302 50 00 - Hat-racks, hat-pegs, brackets and similar fixtures kg. 15% 8302 60 00 - Automatic door closers kg. 15% **8303 00 00** **ARMOURED** **OR** **REINFORCED** **SAFES,** **STRONG-BOXES** kg. 10% **AND DOORS AND SAFE DEPOSIT LOCKERS FOR** **STRONG-ROOMS,** **CASH OR DEED BOXES AND** **THE LIKE, OF BASE METAL** **8304 00 00** **FILING, CABINETS, CARD-INDEX CABINETS, PAPER** **TRAYS, PAPER RESTS, PEN TRAYS, OFFICE-STAMP** **STANDS AND SIMILAR OFFICE OR** **DESK** **EQUIPMENT,** **OF BASE METAL, OTHER THAN OFFICE FURNITURE** **OF HEADING 9403** **8305** **FITTINGS FOR LOOSE-LEAF BINDERS OR FILES,** **LETTER CLIPS, LETTER CORNERS, PAPER CLIPS,** **INDEXING TAGS AND SIMILAR OFFICE ARTICLES, OF** **BASE METAL;** **STAPLES IN STRIPS** **(FOR EXAMPLE, FOR** **OFFICES,** **UPHOLSTERY,** **PACKAGING),** **OF** **BASE** **METAL** kg. 20% 8305 10 00 - Fittings for loose-leaf binders or files kg. 20% 8305 20 00 - Staples in strips kg. 20% 8305 90 - _Other, including_ _parts:_ 8305 90 10 --- Pins (other than those of heading 7317) kg. 20% 8305 90 20 --- Clips kg. 20% 8305 90 90 --- Other kg. 20% **8306** **BELLS,** **GONGS** **AND** **THE** **LIKE,** **NON-ELECTRIC,** **OF** **BASE** **METAL;** **STATUETTES** **AND** **OTHER** **ORNAMENTS,** **OF BASE METAL;** **PHOTOGRAPH,** **PICTURE OR SIMILAR** **FRAMES,** **OF BASE METAL;** **MIRRORS OF BASE METAL** ----- **SECTION-XV** **CHAPTER-83** **(1)** **(2)** **(3)** **(4)** **(5)** 8306 10 00 - Bells, gongs and the like kg. 20% - _Statuettes and other ornaments:_ 8306 21 -- _Plated with precious metal:_ 8306 21 10 --- Statuettes kg. 20% 8306 21 20 --- Trophies kg. 20% 8306 21 90 --- Other kg. 20% 8306 29 -- _Other:_ 8306 29 10 --- Statuettes kg. 20% 8306 29 20 --- Trophies kg. 20% 8306 29 90 --- Other kg. 20% 8306 30 00 - Photograph, picture or similar frames; mirrors kg. 20% **8307** **FLEXIBLE** **TUBING** **OF** **BASE** **METAL,** **WITH** **OR** **WITHOUT** **FITTINGS** 8307 10 00 - Of iron or steel kg. 10% 8307 90 00 - Of other base metal kg. 10% **8308** **CLASPS,** **FRAMES** **WITH** **CLASPS,** **BUCKLES,** **BUCKLE-** **CLASPS,** **HOOKS,** **EYES,** **EYELETS AND THE LIKE,** **OF** **BASE METAL,** **OF A KIND USED FOR CLOTHING OR** **CLOTHING ACCESSORIES,** **FOOTWEAR,** **JEWELLERY,** **WRIST** **WATCHES,** **BOOKS,** **AWNINGS,** **LEATHER** **GOODS,** **TRAVEL** **GOODS OR** **SADDLERY OR** **FOR** **OTHER** **MADE** **UP** **ARTICLES;** **TUBULAR** **OR** **BIFURCATED RIVETS,** **OF BASE METAL;** **BEADS AND** **SPANGLES, OF BASE METALS** 8308 10 - _Hooks, eyes_ _and eyelets:_ 8308 10 10 --- Hooks and eyes kg. 10% --- _Eyelets:_ 8308 10 21 ---- For footwear kg. 10% 8306 10 00 8306 21 - 8308 10 29 ---- Other kg. 10% 8308 20 00 - Tubular or bifurcated rivets kg. 10% 8308 90 - _Other, including parts:_ --- _Buckles:_ 8308 90 11 ---- For footwear kg. 10% 8308 90 19 ---- Other kg. 10% 8308 90 20 8308 90 31 8308 90 39 8308 90 40 8308 90 91 ---- --- --- ---- --- Imitation zari spangles _Beads and spangles of base metal:_ For garments, made ups, knitwear, plastic and leather goods Other Fittings for travel requisites and leather goods _Other:_ For garments, made ups, knitwear, plastic and leather goods kg. kg. kg. kg. kg. 10% 10% 10% 10% 10% ----- **SECTION-XV** **CHAPTER-83** **(1)** **(2)** **(3)** **(4)** **(5)** 8308 90 99 ---- Other kg. 10% **8309** **STOPPERS,** **CAPS AND LIDS** **(INCLUDING** **CROWN** **CORKS,** **SCREW CAPS AND POURING STOPPERS),** **CAPSULES FOR BOTTLES, THREADED BUNGS,** **BUNG** **COVERS,** **SEALS AND OTHER PACKING ACCESSORIES,** **OF BASE METAL** 8309 10 00 - Crown corks kg. 10% 8309 90 - _Other:_ 8309 90 10 8309 90 20 -- -- Pilfer proof caps for packaging, all sorts, with or without washers or other fittings, of cork, rubber, polyethylene or any other material Aluminium caps, seals, capsules and closers kg. kg. 10% 10% 8309 90 30 --- Other seals kg. 10% 8309 90 90 --- Other kg. 10% **8310** 8310 00 8310 00 10 -- kg. **SIGN-PLATES, NAME-PLATES, ADDRESS-PLATES AND** **SIMILAR PLATES, NUMBERS, LETTERS AND OTHER** **SYMBOLS, OF BASE METAL, EXCLUDING THOSE OF** **HEADING 9405** _Sign-plates, name-plates, address-plates and_ _similar plates, numbers, letters and other_ _symbols, of base metal, excluding those of_ _heading 9405:_ Enamel iron signboard 20% 8310 00 90 --- Other kg. 20% **8311** **WIRE,** **RODS,** **TUBES,** **PLATES,** **ELECTRODES AND** **SIMILAR PRODUCTS,** **OF BASE METAL OR OF METAL** **CARBIDES,** **COATED** **OR** **CORED** **WITH** **FLUX** **MATERIAL,** **OF** **A** **KIND** **USED** **FOR** **SOLDERING,** **BRAZING,** **WELDING OR DEPOSITION OF METAL OR** **OF** **METAL** **CARBIDES;** **WIRE** **AND** **RODS,** **OF** **AGGLOMERATED BASE METAL POWDER,** **USED FOR** **METAL SPRAYING** 8311 10 00 - Coated electrodes of base metal, for electric kg. 10% kg. kg. 8311 20 00 8311 30 8311 30 10 -- arc-welding Cored wire of base metal, for electric arc welding _Coated rods and cored wire, of base metal, for_ _soldering, brazing or welding by flame:_ Wire and rods of agglomerated base metal 10% 10% 8311 30 90 --- Other kg. 10% 8311 90 00 - Other kg. 10% ----- **SECTION-XVI** **CHAPTER-84** **SECTION XVI** **MACHINERY AND MECHANICAL APPLIANCES; ELECTRICAL EQUIPMENT; PARTS** **THEREOF; SOUND RECORDERS AND REPRODUCERS, TELEVISION IMAGE AND SOUND** **RECORDERS AND REPRODUCERS, AND PARTS AND ACCESSORIES OF SUCH ARTICLES** **NOTES** **:** 1. This Section does not cover : (a) transmission or conveyor belts or belting, of plastics of Chapter 39, or of vulcanised rubber (heading 4010), or other articles of a kind used in machinery or mechanical or electrical appliances or for other technical uses, of vulcanised rubber other than hard rubber (heading 4016); (b) articles of leather or of composition leather (heading 4205) or of furskin (heading 4303), of a kind used in machinery or mechanical appliances or for other technical uses; (c) bobbins, spools, cops, cones, cores, reels or similar supports, of any material (for example, Chapter 39, 40, 44 or 48 or Section XV); (d) perforated cards for Jacquard or similar machines (for example, Chapter 39 or 48 or Section XV); (e) transmission or conveyor belts or belting of textile material ( heading 5910) or other articles of textile material for technical uses (heading 5911); (f) precious or semi-precious stones (natural, synthetic or reconstructed) of headings 7102 to 7104, or articles wholly of such stones of heading 7116 except unmounted worked sapphires and diamonds for styli (heading 8522); (g) parts of general use, as defined in Note 2 to Section XV, of base metal (Section XV), or similar goods of plastics (Chapter 39); (h) drill pipe (heading 7304); (ij) endless belts of metal wire or strip (Section XV); (k) articles of Chapter 82 or 83; (l) articles of Section XVII; (m) articles of Chapter 90; (n) clocks, watches or other articles of Chapter 91; (o) interchangeable tools of heading 8207 or brushes of a kind used as parts of machines (heading 9603); similar interchangeable tools are to be classified according to the constituent material of their working part (for example, in Chapter 40, 42, 43, 45 or 59 or heading 6804 or 6909); (p) articles of Chapter 95; or (q) typewriter or similar ribbons, whether or not on spools or in cartridges (classified according ----- **SECTION-XVI** **CHAPTER-84** to their constituent material, or in heading 9612 if inked or otherwise prepared for giving impressions), or monopods, bipods, tripods and similar articles, of heading 9620. 2. Subject to Note 1 to this Section, Note 1 to Chapter 84 and to Note 1 to Chapter 85, parts of machines (not being parts of the articles of heading 8484, 8544, 8545, 8546 or 8547) are to be classified according to the followingrules : (a) parts which are goods included in any of the headings of Chapter 84 or 85 (other than headings 8409, 8431, 8448, 8466, 8473, 8487, 8503, 8522, 8529, 8538 and 8548) are in all cases to be classified in their respective headings; (b) other parts, if suitable for use solely or principally with a particular kind of machine, or with a number of machines of the same heading (including a machine of heading 8479 or 8543) are to be classified with the machines of that kind or in heading 8409, 8431, 8448, 8466, 8473, 8503, 8522, 8529 or 8538 as appropriate. However, parts which are equally suitable for use principally with the goods of headings 8517 and 8525 to 8528 are to be classified in heading 8517, and parts which are suitable for use solely or principally with the goods of heading 8524 are to be classified in heading 8529; (c) all other parts are to be classified in heading 8409, 8431, 8448, 8466, 8473, 8503, 8522, 8529 or 8538 as appropriate or, failing that, in heading 8487 or 8548. 3. Unless the context otherwise requires, composite machines consisting of two or more machines fitted together to form a whole and other machines designed for the purpose of performing two or more complementary or alternative functions are to be classified as if consisting only of that component or as being that machine which performs the principal function. 4. Where a machine (including a combination of machines) consists of individual components (whether separate or interconnected by piping, by transmission devices, by electric cables or by other devices) intended to contribute together to a clearly defined function covered by one of the headings in Chapter 84 or Chapter 85, then the whole falls to be classified in the heading appropriate to that function. 5. For the purposes of these Notes, the expression ―machine‖ means any machine, machinery, plant, equipment, apparatus or appliance cited in the headings of Chapter 84 or 85. 6. (a) Throughout the Nomenclature, the expression ―electrical and electronic waste and scrap‖ means electrical and electronic assemblies, printed circuit boards and electrical or electronic articles that— (i) have been rendered unusable for their original purposes by breakage, cutting-up or other processes or are economically unsuitable for repair, refurbishment or renovation to render them fit for their original purposes; and (ii) are packaged or shipped in a manner not intended to protect individual articles from damage during transportation, loading and unloading operations; (b) mixed consignments of ―electrical and electronic waste and scrap‖ and other waste and scrap are to be classified in heading 8549; (c) this Section does not cover municipal waste as defined in Note 4 to Chapter 38. ----- **CHAPTER** **84** **_Nuclear reactors, boilers, machinery and mechanical appliances;_** **_parts thereof_** **NOTES** **:** 1. This Chapter does not cover : (a) millstones, grindstones or other articles of Chapter 68; (b) machinery or appliances (for example, pumps) of ceramic material and ceramic parts of machinery or appliances of any material (Chapter 69); (c) laboratory glassware (heading 7017); machinery, appliances or other articles for technical uses or parts thereof, of glass (heading 7019 or 7020); (d) articles of heading 7321 or 7322 or similar articles of other base metals (Chapters 74 to 76 or 78 to 81); (e) vacuum cleaners of headiang 8508: (f) electro-mechanical domestic appliances of heading 8509; digital cameras of heading 8525; (g) radiators for the articles of Section XVII; or (h) hand-operated mechnical floor sweepers, not motorised (Heading 9603). 2. Subject to the operation of Note 3 to Section XVI and subject to Note 11 to this Chapter, a machine or appliance which answers to a description in one or more of the headings 8401 to 8424, or heading 8486 and at the same time to a description in one or more of the headings 8425 to 8480 is to be classified under the appropriate heading of the former group or under heading 8486, as the case may be, and not the latter group. (a) heading 8419 does not, however, cover: (i) germination plant, incubators or brooders (heading 8436); (ii) grain dampening machines (heading 8437); (iii) diffusing apparatus for sugar juice extraction (heading 8438); (iv) machinery for the heat-treatment of textile yarns, fabrics or made up textile articles (heading 8451); or (v) Machinery, plant or laboratory equipment, designed for a mechanical operation, in which a change of temperature, even if necessary, is subsidiary (b) heading 8422 does not cover: (i) sewing machines for closing bags or similar containers (heading 8452); or (ii) office machinery of heading 8472. (c) heading 8424 does not cover: (d) ink-jet printing machines (heading 8443); or (ii) water-jet cutting machines (heading 8456). 3. A machine-tool for working any material which answers to a description in heading 8456 and at the same time to a description in heading 8457, 8458, 8459, 8460, 8461, 8464 or 8465 is to be classified in heading ----- 8456. 4. Heading 8457 applies only to machine-tools for working metal, other than lathes (including turning centers), which can carry out different types of machining operations either : (a) by automatic tool change froma magazine or the like in conformity with a machiningprogramme (machining centers), (b) by the automatic use, simultaneously or sequentially, of different unit heads working on a fixed position workpiece (unit construction machines, single station), or (c) by the automatic transfer of the workpiece to different unit heads (multi-station transfer machines). 5. For the purposes of heading 8462, a ―slitting line‖ for flat products is a processing line composed of an uncoiler, a coil flattener, a slitter and a recoiler. A ―cut-to-length line‖ for flat products is a processing line composed of an uncoiler, a coil flattener and a shear.; 6.(A) For the purposes of heading 8471, the expression ―automatic data processing machine‖ means machine capable of : _(i)_ storing the processing programme or programmes and at least the data immediately necessary for the execution of the programme; _(ii)_ being freely programmed in accordance with the requirements of the user; _(iii)_ performing arithmetical computations specified by the user; and _(iv)_ executing, without human intervention, a processing programme which requires them to modify their execution, by logical decision during the processing run. _(B)_ Automatic data processing machines may be in the form of systems consisting of a variable number of separate units. _(C)_ Subject to paragraphs (D) and (E), a unit is to be regarded as being part of an automatic data processing system if it meets all of the following conditions : (i) it is of a kind solely or principally used in an automatic data processing system; (ii) it is connectable to the central processing unit either directly or through one or more other units; and (iii) it is able to accept or deliver data in a form (codes or signals) which can be used by the system. Separately presented units of an automatic data processing machine are to be classified in heading 8471. However, keyboards, X-Y co-ordinate input devices and disk storage units which satisfy the conditions of (ii) and (iii) above, are in all cases to be classified as units of heading 8471. _(D)_ Heading 8471 does not cover the following when presented separately, even if they meet all of the conditions set forth in paragraph (C): _(i)_ printers, copying machines, facsimile machines, whether or not combined; _(ii)_ apparatus for the transmission or reception of voice, images or other data, including apparatus for communication in a wired or wireless network (such as a local or wide area network); _(iii)_ loudspeakers and microphones; _(iv)_ television cameras, digital cameras and video camera recorders; _(v)_ monitors and projectors, not incorporating television reception apparatus. _(E)_ Machines incorporating or working in conjunction with an automatic data processing machine and performing a specific function other than data processing are to be classified in the headings appropriate to their respective functions or, failing that, in residual headings ----- **7.** Heading 8482 applies, inter alia, to polished steel balls, the maximum and minimum diameters of which do not differ from the nominal diameter by more than 1 per cent. or by more than 0.05 mm, whichever is less. Other steel balls are to be classified in heading 7326. **8.** A machine which is used for more than one purpose is, for the purposes of classification, to be treated as if its principal purpose were its sole purpose. Subject to Note 2 to this Chapter and Note 3 to Section XVI, a machine, the principal purpose of which is not described in any heading or for which no one purpose is the principal purpose is, unless the context otherwise requires, to be classified in heading 8479. Heading 8479 also covers machines for making rope or cable (for example, stranding, twisting or cabling machines) from metal wire, textile yarn or any other material or from a combination of such materials. **9.** For the purposes of heading 8470, the term ―pocket-size‖ applies only to machines, the dimensions of which do not exceed 170 mm. x 100 mm. x 45 mm. **10.** For the purposes of heading 8485, the expression ―additive manufacturing‖ (also referred to as 3D printing) means the formation of physical objects, based on a digital model, by the successive addition and layering, and consolidation and solidification, of material (for example, metal, plastics or ceramics). Subject to Note 1 to Section XVI and Note 1 to Chapter 84, machines answering to the description in heading 8485 are to be classified in that heading and in no other heading of the Nomenclature. **11.** _(A)_ Notes 12 (a) and 12 (b) to Chapter 85 also apply with respect to the expressions "semiconductor devices" and "electronic integrated circuits", respectively, as used in this Note and in heading 8486. However, for the purposes of this Note and of heading 8486, the expression "semiconductor devices" also covers photosensitive semiconductor devices and lightemitting diodes (LED). _(B)_ For the purposes of this Note and heading 8486, the expression ―manufacture of flat panel displays‖covers the fabrication of substrates into a flat panel. It does not cover the manufacture of glass or the assembly of printed circuit boards or other electronic components onto the flat panel. The expression ―flat panel display‖ does not cover cathode-ray tube technology. _(C)_ Heading 8486 also includes machines and apparatus solely or principally of a kind used for: _(i)_ the manufacture or repair of masks and reticles; _(ii)_ assembling semiconductor devices or electronic integrated circuits; _(iii)_ lifting, handling, loading or unloading of boules, wafers, semiconductor devices, electronic integrated circuits and flat panel displays. _(D)_ Subject to Note 1 to Section XVI and Note 1 to Chapter 84, machines and apparatus answering to the description in heading 8486 are to be classified in that heading and in no other heading of this schedule. **SUB-HEADING** **NOTES** **:** 1. For the purposes of sub-heading 8465 20, the term "machining centres" applies only to machine-tools for working wood, cork, bone, hard rubber, hard plastics or similar hard materials, which can carry out different types of machining operations by automatic tool change from a magazine or the like in conformity with a machining programme. 2. For the purposes of sub-heading 8471 49, the term ―systems‖ means automatic data processing ----- **SECTION-XVI** **CHAPTER-84** machines whose units satisfy the conditions laid down in Note 6(C) to Chapter 84 and which comprise at least a central processing unit, one input unit (for example, a keyboard or a scanner), and one output unit (for example, a visual display unit or a printer). 3. For the purposes of sub-heading 8481 20, the expression "valves for oleohydraulic or pneumatic transmissions" means valves which are used specifically in the transmission of "fluid power" in a hydraulic or pneumatic system, where the energy source is supplied in the form of pressurised fluids (liquid or gas). These valves may be of any type (for example, pressure-reducing type, check type). Sub-heading 8481 20 takes precedence over all other sub-headings of heading 8481. 4. Sub-heading 8482 40 applies only to bearings with cylindrical rollers of a uniform diameter not exceeding 5 mm and having a length which is at least three times the diameter. The ends of the rollers may be rounded. **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Stand** **ard** **Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **NUCLEAR** **REACTORS;** **FUEL** **ELEMENTS** **(CARTRIDGES),** **8401** **NON-IRRADIATED, FOR NUCLEAR REACTORS; MACHINERY** **AND APPARATUS FOR ISOTOPIC SEPARATION** 8401 10 00 - Nuclear reactors kg. 7.5% 8401 20 00 - Machinery and apparatus for isotopic kg. 7.5% separation, and parts thereof 8401 30 00 - Fuel elements (cartridges), non-irradiated gi F/S 7.5% 8401 40 00 - Parts of nuclear reactors kg. 7.5% **8402** **STEAM OR OTHER VAPOUR GENERATING BOILERS** **(OTHER THAN CENTRAL HEATING HOT WATER** **B OI LE RS** **C APABLE** **AL S O** **OF** **P RO DUC IN G** **LO W** **PRESSURE STEAM);** **SUPER-HEATED WATER BOILERS** - _Steam or other_ _vapour generating_ _boilers:_ 8402 11 00 -- Watertube boilers with a steam production kg. 10% exceeding 45 t per hour 8402 12 00 -- Water tube boilers with a steam production not kg. 10% exceeding 45 t per hour 8402 19 -- _Other_ _vapour_ _generating_ _boilers,_ _including_ 8402 19 10 --- Fire tube horizontal (lancashire) boilers kg. 10% 8402 19 20 --- Fire tube boilers vertical kg. 10% 8402 19 90 --- Other kg. 10% 8402 20 00 - Super-heated water boilers kg. 10% 8402 90 - _Parts:_ 8402 90 10 --- Parts of fire tube boilers kg. 10% 8402 90 20 --- Parts of watertube boilers kg. 10% 8402 90 90 --- Other kg. 10% 8402 12 00 8402 19 - - **8403** 8403 10 00 **CENTRAL** **HEATING** **BOILERS** **OTHER** **THAN** **THOSEOF** **HEADING 8402** Boilers u 7.5% ----- **SECTION-XVI** **CHAPTER-84** **8404** **AUXILIARY PLANT FOR USE WITH BOILERS OF** **HEADING** **8402** **OR** **8403** **(FOR** **EXAMPLE,** **ECONOMISERS, SUPER-HEATERS, SOOT REMOVERS,** **GAS** **RECOVERERS);** **CONDENSERS** **FOR** **STEAM** **OR** **OTHER VAPOUR POWER UNITS** 8404 10 00 - Auxiliary plants for use with boilers of heading kg. 10% kg. kg. 8404 20 00 8404 90 00 8402 or 8403 Condensers for steam or other vapour power units Parts 10% 10% **8405** **PRODUCER GAS OR WATER** **GAS GENERATORS,** **WITH OR** **WITHOUT** **THEIR** **PURIFIERS;** **ACETYLENE** **GAS** **GENERATORS** **AND** **SIMILAR** **WATER** **PROCESS** **GAS** **GENERATORS,** **WITH OR WITHOUT THEIR PURIFIERS** 8405 10 - _Producer gas or water gas generators, with_ _or without their purifiers; acetylene gas_ _generators_ _and_ _similar_ _water_ _process_ _gas_ _generators, with or without their purifiers :_ 8405 10 10 --- Producer gas or water gas generators u 7.5% 8405 10 20 --- Acetylene gas generators u 7.5% 8405 10 90 --- Other u 7.5% 8405 90 00 - Parts u 7.5% **8406** **STEAM TURBINES AND OTHER VAPOUR TURBINES** 8406 10 00 - Turbines for marine propulsion u 7.5% - Other turbines: 8406 81 00 -- Of an output exceeding 40 MW u 10% 8406 82 00 -- Of an output not exceeding 40 MW u 10% 8406 90 00 - Parts kg. 10% **8407** **SPARK-IGNITION** **RECIPROCATING** **OR** **ROTARY** **INTERNAL** **COMBUSTION PISTON ENGINES** 8407 10 00 - Aircraft engines u 15% - _Marine propulsion engines:_ 8407 21 00 -- Outboard motors u 5% 8407 29 00 -- Other u 15% - _Reciprocating piston engines of a kind used_ _for the propulsion of vehicles of Chapter 87 :_ 8407 31 -- _Of a cylinder capacity not exceeding 50 cc :_ 8407 31 10 --- For motor cycles u 15% 8407 31 90 --- Other u 15% 8407 32 -- _Of a cylinder_ _capacity exceeding_ _50 cc but_ _not exceeding 250 cc:_ 8407 32 10 --- For motor cycles u 15% 8407 32 90 --- Other u 15% 8407 33 -- _Of a cylinder capacity exceeding 250 cc but_ _not exceeding 1,000 cc :_ 8407 33 10 --- For motor cars u 15% 8407 33 20 --- For motor cycles u 15% 8407 33 90 --- Other u 15% 8407 34 -- _Of a cylinder capacity exceeding 1,000 cc:_ 8407 34 10 F 15% ----- **SECTION-XVI** **CHAPTER-84** 8407 90 - _Other_ _engines:_ 8407 90 10 --- Petrol engines u 15% 8407 90 20 --- Kerosene engines u 15% 8407 90 90 --- Other u 15% **8408** **COMPRESSION-IGNITION** **INTERNAL** **COMBUSTION** **PISTON ENGINES** **(DIESEL OR SEMI-DIESEL ENGINES)** 8408 10 - _Marine propulsion engines:_ 8408 10 10 --- Outboard engines u 15% --- _Other_ : 8408 10 91 ---- Of a cylinder capacity not exceeding 100 cc u 15% 8408 10 92 ---- Of a cylinder capacity exceeding 100 cc but u 15% not exceeding 250 cc 8408 10 93 ---- Of a cylinder capacity exceeding 250 cc u 15% 8408 20 _Engines of a kind used for the propulsion of_ _vehicles of Chapter 87:_ 8408 20 10 --- Of cylinder capacity not exceeding 250 cc u 15% 8408 20 20 --- Engines of cylinder capacity exceeding 250 cc u 15% 8408 90 - _Other_ _engines:_ 8408 90 10 --- Stationary engines of cylinder capacity u 15% exceeding 50 cc 8408 90 90 --- Other u 15% **8409** **PARTS** **SUITABLE** **FOR** **USE** **SOLELY** **OR** **P RINCIPALLY** **WITH THE ENGINES OF HEADING** **8407** **OR 8408** 8409 10 00 - For aircraft engines kg. 15% _Other :_ _Suitable_ _for use_ _solely_ _or principally_ _with_ _spark- ignition internal combustion piston_ _engines:_ _Valves, inlet and exhaust, piston, piston_ _rings, piston assemblies :_ Valves, inlet and exhaust kg. 8409 91 8409 91 11 - -- --- 15% 8409 91 12 ---- Pistons kg. 15% 8409 91 13 ---- Piston rings kg. 15% 8409 91 14 ---- Piston assemblies kg. 15% 8409 91 20 -- -- Fuel injection equipment excluding injection pumps _Other :_ kg. 15% 8409 91 91 ---- Of petrol engines for motor vehicles kg. 15% 8409 91 92 ---- Of other petrol engines kg. 15% 8409 91 93 ---- Of kerosene engines kg. 15% 8409 91 94 ---- Of gas engines kg. 15% 8409 91 99 ---- Other kg. 15% 8409 99 -- _Other :_ --- _Valves, inlet and exhaust, piston, piston rings,_ _piston assemblies :_ 8409 99 11 ---- Valve, inlet and exhaust kg. 15% 8409 99 12 ---- Pistons kg. 15% 8409 99 13 ---- Piston rings kg. 15% 8409 99 14 ---- Piston assemblies kg. 15% ----- **SECTION-XVI** **CHAPTER-84** 8409 99 30 --- Fuel injection equipment excluding injection kg. 15% pumps --- _Other parts of diesel engine:_ 8409 99 41 ---- Of diesel engines for motor vehicles kg. 15% 8409 99 42 ---- Of outboard engine kg. 15% 8409 99 49 ---- Other kg. 15% 8409 99 90 --- Other kg. 15% **8410** **HYDRAULIC** **TURBINES,** **WATER** **WHEELS,** **AND** **REGULATORS THEREFOR** _Hydraulic turbines and water wheels :_ Of a power not exceeding 1,000 kW _Of a power exceeding 1,000 kW but not_ _exceeding 10,000 kW:_ Of power exceeding 1,000 kW but not exceeding 5,000 kW Of power exceeding 5,000 kW but not exceeding 10,000 kW _Of a power exceeding 10,000 kW:_ 8410 11 00 8410 12 8410 12 10 8410 12 20 8410 13 - - -- -- - u u u 10% 10% 10% 8410 13 10 --- Of power exceeding 10,000 kW but not exceeding u 10% u u 8410 13 20 8410 13 90 -- -- 30,000 kW Of power exceeding 30,000 kW but not exceeding 80,000 kW Of power exceeding 80,000 kW 10% 10% 8410 90 00 - Parts, including regulators kg. 10% **8411** **TURBO-JETS,** **TURBO-PROPELLERS** **AND** **OTHER** **GAS** **TURBINES** - _Turbo-jets :_ 8411 11 00 -- Of a thrust not exceeding 25kN u 7.5% 8411 12 00 8411 21 00 8411 22 00 8411 81 00 - - - - Of a thrust exceeding 25 kN _Turbo-propellers:_ Of a power not exceeding 1,100 kW Of a power exceeding 1,100 kW _Other gas turbines:_ Of a power not exceeding 5,000 kW u u u u 7.5% 7.5% 7.5% 10% 8411 82 -- _Of a power exceeding 5,000 kW:_ 8411 82 10 --- Of power exceeding 5,000 kW but not exceeding u 10% u u u u u 8411 82 20 8411 82 30 8411 82 40 8411 82 50 8411 82 60 -- -- -- -- -- 15,000 kW Of power exceeding 15,000 kW but not exceeding 30,000 kW Of power exceeding 30,000 kW but not exceeding 60,000 kW Of power exceeding 60,000 kW but not exceeding 90,000 kW Of power exceeding 90,000 kW but not exceeding 1,15,000 kW Of power exceeding 1,15,000 kW 10% 10% 10% 10% 10% - _Parts :_ 8411 91 00 -- Of turbo-jets or turbo-propellers kg. 7.5% 8411 99 00 -- Other kg. 10% ----- **SECTION-XVI** **CHAPTER-84** **(1)** **(2)** **(3)** **(4)** **(5)** u u 8412 10 00 8412 21 00 - Reaction engines other than turbo-jets _Hydraulic power engines and motors:_ Linear acting (cylinders) 7.5% 7.5% 8412 29 -- _Other :_ 8412 29 10 --- Hydrojet (hydraulic jet engines) u 7.5% 8412 29 90 8412 31 00 -- - Other _Pneumatic power_ _engines and_ _motors:_ Linear acting (cylinders) u u 7.5% 7.5% 8412 39 00 -- Other u 7.5% 8412 80 8412 80 11 -- --- _Other_ : _Steam or other vapour power :_ Stationary u 7.5% 8412 80 19 ---- Other u 10% 8412 80 20 --- Motors, spring operated excluding clock and u 10% watch movements 8412 80 30 --- Wind turbine or engine u 10% 8412 80 90 --- Other u 10% 8412 90 - _Parts :_ 8412 90 10 --- Of steam engines incorporating boilers kg. 7.5% 8412 90 20 --- Of other steam engines and other vapour power kg. 7.5% 8412 80 30 -- units not incorporating boilers 8412 90 30 --- Of hydraulic engines and motors kg. 7.5% 8412 90 90 --- Other kg. 7.5% **8413** **PUMPS FOR LIQUIDS,** **WHETHER** **OR** **NOT** **FITTED** **WITH A** **MEASURING DEVICE; LIQUID** **ELEVATORS** 8412 90 30 -- - _Pumps fitted or designed to be fitted with a_ _measuring device:_ 8413 11 -- _Pumps for dispensing fuel or lubricants, of the_ _type used in filling stations or in garages:_ 8413 11 10 --- Hand pumps u 10% --- _Other :_ 8413 11 91 ---- Pumps for dispensing fuel u 7.5% 8413 11 99 ---- Other u 7.5% 8413 19 -- _Other_ : 8413 19 10 --- Hand pumps u 10% 8413 19 90 --- Other u 7.5% 8413 20 00 - Hand pumps, other than those of sub-heading 8413 11 u 10% or 8413 19 8413 30 - _Fuel, lubricating or cooling medium pumps for_ _internal_ _combustion_ _piston_ _engines:_ 8413 30 10 --- Injection pumps for diesel engines u 7.5% 8413 30 20 --- Oil pump u 7.5% ----- **SECTION-XVI** **CHAPTER-84** **(1)** **(2)** **(3)** **(4)** **(5)** 8413 30 30 --- Water pump u 7.5% 8413 30 90 --- Other u 7.5% 8413 40 00 - Concrete pumps u 7.5% 8413 50 - _Other_ _reciprocating_ _positive_ _displacement_ _pumps :_ 8413 50 10 --- Metering and dosing pumps u 7.5% --- _Primarily designed for handling water :_ 8413 50 21 ---- Deep tube well turbine pump u 7.5% 8413 50 29 ---- Other u 7.5% 8413 50 90 --- Other u 7.5% 8413 60 - _Other_ _rotary positive_ _displacement_ _pumps:_ 8413 60 10 --- Gear type pumps u 7.5% 8413 60 20 --- Screw type pumps u 7.5% 8413 60 90 --- Other u 7.5% 8413 70 - _Other_ _centrifugal_ _pumps:_ 8413 70 10 --- Primarily designed to handle water u 7.5% --- _Other_ : 8413 70 91 ---- Single and multistage chemical process pumps u 7.5% 8413 70 92 ---- Horizontal split casing pumps u 7.5% 8413 70 93 ---- Horizontal self priming pumps u 7.5% 8413 70 94 ---- Vertical turbine driven pumps u 7.5% 8413 70 95 ---- Boiler feed pumps u 7.5% 8413 70 96 ---- Slurry pumps u 7.5% 8413 70 97 ---- Dredger pumps u 7.5% 8413 70 99 ---- Other u 7.5% - _Other_ _pumps-liquid elevators:_ 8413 81 -- _Pumps :_ 8413 81 10 --- Gas pumps u 7.5% 8413 81 20 --- Hydraulic ram u 7.5% 8413 81 30 --- Axial flow and mixed flow vertical pump u 7.5% designed primarily for handling water 8413 81 90 --- Other u 7.5% 8413 82 00 -- Liquid elevators u 7.5% - _Parts :_ 8413 91 -- _Of pumps :_ 8413 91 10 --- Of reciprocating pumps kg. 7.5% 8413 91 20 --- Of centrifugal pumps kg. 7.5% 8413 91 30 --- Of deep well turbine pumps and of other kg. 7.5% rotary pumps 8413 91 40 --- Of hand pump for handling water kg. 10% 8413 91 90 --- Other kg. 7.5% 8413 92 00 -- Of liquid elevators kg. 7.5% **8414** **AIR** **OR** **VACUUM** **PUMPS,** **AIR** **OR** **OTHER** **GAS** **COMPRESSORS AND FANS;** **VENTILATING OR RECYCLING** **HOODS INCORPORATING A FAN,** **WHETHER OR NOT** **FITTED** **WITH** **FILTERS;** **GAS-TIGHT** **BIOLOGICAL** **SAFETY CABINETS, WHETHER OR NOT FITTED** **WITH** **FILTERS** ----- **SECTION-XVI** **CHAPTER-84** **(1)** **(2)** **(3)** **(4)** **(5)** 8414 10 - _Vacuum pumps :_ 8414 10 10 --- with maximum flow-rate greater than 5 m³/h u 7.5% (under standard temperature (273 K (0 °C)) and pressure (101.3 kPa) conditions) 8414 10 90 --- Other u 7.5% 8414 20 - _Hand or foot-operated air pumps :_ 8414 20 10 --- Bicycle pumps u 10% 8414 20 20 --- Other hand pumps u 10% 8414 20 90 --- Other u 7.5% 8414 30 00 - Compressors of a kind used in refrigerating u 15% equipment 8414 40 - _Air compressors mounted on a wheeled_ u 8414 40 10 -- _chassis for towing :_ Reciprocating air compressors 15% 8414 40 20 --- Centrifugal air compressors u 15% 8414 40 30 --- Screw air compressors u 15% 8414 40 90 --- Other u 15% - _Fans :_ 8414 51 -- _Table, floor, wall, window, ceiling or roof fans,_ u 8414 51 10 -- _with a self-contained electric motor of an_ _output not exceeding 125 W:_ Table fans 20% 8414 51 20 --- Ceiling fans u 20% 8414 51 30 --- Pedestal fans u 20% 8414 51 40 --- Railway carriage fans u 10% 8414 51 50 --- Wall fans u 20% 8414 51 90 --- Other u 20% 8414 59 -- _Other_ : 8414 59 10 --- Air circulator u 10% 8414 59 20 --- Blowers, portable u 20% 8414 59 30 --- Industrial fans and blowers u 10% 8414 59 90 --- Other u 10% 8414 60 00 - Hoods having a maximum horizontal side not u 15% exceeding 120 cm 8414 70 00 - Gas-tight biological safety cabinets u 7.5% 8414 80 - _Other_ : --- _Gas_ _compressors:_ 8414 80 11 ---- Of a kind used in air-conditioning equipment u 15% 8414 80 19 ---- Other u 15% 8414 80 20 --- Free-piston generators for gas turbine u 15% 8414 80 30 --- Turbo charger u 15% 8414 80 90 --- Other u 15% 8414 90 - _Parts :_ --- _Of air or vacuum pumps and compressors:_ 8414 90 11 ---- Of gas compressors of a kind used in refrigerating kg. 7.5% and air conditioning appliances and machinery 8414 90 12 ---- Of bicycle pumps kg. 10% 8414 90 19 ---- Other kg. 7.5% 8414 90 20 Of f i t t k 7 5% 8414 90 12 --- ----- **SECTION-XVI** **CHAPTER-84** **(1)** **(2)** **(3)** **(4)** **(5)** 8414 90 30 --- Of electric fans kg. 10% 8414 90 40 --- Of Industrial fans, blowers kg. 7.5% 8414 90 90 --- Other kg. 7.5% **8415** **AIR** **CONDITIONING** **MACHINES, COMPRISING** **A MOTOR-** **DRIVEN** **FAN AND ELEMENTS FOR CHANGING THE** **TEMPERATURE AND HUMIDITY,** **INCLUDING THOSE** **MACHINES IN WHICH THE HUMIDITY CANNOT BE** **SEPARATELY REGULATED** 8415 10 - _Of a kind designed to be fixed to a window, wall,_ _ceiling or floor, self-contained or "split-system";_ 8415 10 10 --- Split system u 20% 8415 10 90 --- Other u 20% 8415 20 - _Of a kind used for persons in motor vehicles :_ 8415 20 10 --- For buses u 20% 8415 20 90 --- Other u 20% - _Other_ : 8415 81 -- _Incorporating a refrigerating unit and a valve_ u 8415 81 10 -- _for reversal of the cooling or heat cycle_ _(reversible heat pumps):_ Split air-conditioner two tonnes and above 20% 8415 81 90 --- Other u 20% 8415 82 -- _Other, incorporating_ _a_ _refrigerating_ _unit:_ 8415 82 10 --- Split air-conditioner two tonnes and above u 20% 8415 82 90 --- Other u 20% 8415 83 -- _Not incorporating a refrigerating unit :_ 8415 83 10 --- Split air-conditioner two tonnes and above u 20% 8415 83 90 --- Other u 20% 8415 90 00 - Parts kg. 20% **8416** **FURNACE** **BURNERS** **FOR** **LIQUID** **FUEL,** **FOR PULVERISED** **SOLID** **FUEL** **OR** **FOR** **GAS;** **MECHANICAL** **STOKERS,** **INCLUDING THEIR MECHANICAL GRATES, MECHANICAL** **ASH DISCHARGERS AND SIMILAR APPLIANCES** 8416 10 00 - Furnace burners for liquid fuel kg. 7.5% 8416 20 00 - Other furnace burners, including combination kg. 7.5% kg. kg. 8416 30 00 8416 90 00 burners Mechanical stokers, mechanical grates, mechanical ash dischargers and similar appliances Parts 7.5% 7.5% **8417** **INDUSTRIAL** **OR** **LABORATORY** **FURNACES** **AND** **OVENS,** **INCLUDING INCINERATORS, NON-ELECTRIC** ----- **SECTION-XVI** **CHAPTER-84** **(1)** **(2)** **(3)** **(4)** **(5)** 8417 10 00 8417 20 00 8417 10 00 - Furnaces and ovens for the roasting, melting or u 7.5% other heat-treatment of ores, pyrites or of metals 8417 20 00 - Bakery ovens, including biscuit ovens u 7.5% 8417 80 - _Other :_ 8417 80 10 --- For cement industry u 7.5% 8417 80 90 --- Other u 7.5% 8417 90 00 - Parts kg. 7.5% **8418** **RE F RI GE R ATO RS,** **F R E EZE RS** **A ND** **O T HE R** **REFRIGERATING OR FREEZING EQUIPMENT,** **ELECTRIC** **OR** **OTHER;** **HEAT** **PUMPS** **OTHER** **THAN** **AIR** **CONDITIONING MACHINES OF HEADING 8412.5** 8418 10 - _Combined_ _refrigerator-freezers,_ _fitted_ _with_ _separate_ _external_ _doors_ _or_ _drawers,_ _or_ _combinations thereof :_ 8418 10 10 --- Commercial type u 15% 8418 10 90 -- Other _Refrigerators, household type:_ u 20% 8418 21 00 -- Compression-type u 20% 8418 29 00 -- Other u 20% 8418 30 - _Freezers of the chest type, not exceeding 800l_ _capacity :_ 8418 30 10 --- Commercial type electrical u 15% 8418 30 90 --- Other u 15% 8418 40 - _Freezers of the upright type, not exceeding 900l_ _capacity :_ 8418 40 10 --- Electrical u 15% 8418 40 90 --- Other u 15% 8418 50 00 8418 61 00 8418 69 - - Other furniture (chests, cabinets, display counters, show-cases and the like) for storage and display, incorporating or freezing equipment _Other refrigerating or freezing equipment;_ _heat pumps :_ Heat pumps other than air-conditioning machines of heading 8415 _Other_ : u u 15% 15% 8418 69 10 --- Ice making machinery u 15% 8418 69 20 --- Water cooler u 15% 8418 69 30 8418 69 40 8418 69 50 -- -- -- Vending machine, other than automatic vending machine Refrigeration equipment or devices specially used in leather industries for manufacturing of leather articles Refrigerated farm tanks, industrial ice cream freezer u u. u 15% 15% 15% ----- **SECTION-XVI** **CHAPTER-84** **(1)** **(2)** **(3)** **(4)** **(5)** 8418 69 90 8418 91 00 8418 99 00 -- -- Other _Parts:_ Furniture designed to receive refrigerating or freezing equipment Other u kg. kg. 15% 7.5% 7.5% **8419** **MACHINERY, PLANT OR LABORATORY EQUIPMENT,** **WHETHER OR** **NOT ELECTRICALLY HEATED (EXCLUDING** **FURNACES,** **OVENS AND OTHER** **EQUIPMENT** **OF** **HEADING** **8514),** **FOR THE TREATMENT OF** **MATERIALS BY A** **PROCESS** **INVOLVING A CHANGE OF TEMPERATURE** **SUCH** **AS** **HEATING,** **COOKING,** **ROASTING,** **DISTILLING,** **RECTIFYING, STERILISING, PASTEURISING,** **STEAMING,** **DRYING,** **EVAPORATING, VAPORISING, CONDENSING OR** **COOLING, OTHER** **THAN MACHINERY OR PLANT OF A KIND USED FOR DOMESTIC** **PURPOSES; INSTANTANEOUS** **OR STORAGE** **WATER** **HEATERS,** **NON-** **ELECTRIC** _Instantaneous or storage water heaters,non- electric :_ _Instantaneous gas_ _water heaters :_ 8419 11 - 8419 11 10 --- Domestic type u 10% 7.5% 10% 8419 11 90 8419 12 00 -- - Other Solar water heaters u u 8419 19 -- _Other_ : 8419 19 10 --- Domestic type u 10% 8419 19 20 --- Other u 7.5% 8419 20 - _Medical, surgical or laboratory_ _sterilisers:_ 8419 20 10 --- Auto claves u 7.5% 8419 20 90 8419 33 00 8419 34 00 8419 35 00 -- - -- Other _Dryers :_ Lyophilisation apparatus, freeze drying units and spray dryers Other, for agricultural products Other, for wood, paper pulp, paper or paperboard u u u u 7.5% 7.5% 7.5% 7.5% 8419 39 00 -- Other u 7.5% 8419 40 - _Distilling or rectifying plant:_ 8419 40 10 --- For petroleum refining u 7.5% 8419 40 20 --- Other distilling equipment u 7.5% 8419 40 90 --- Other u 7.5% 8419 50 - _Heat_ _exchange_ _units:_ --- _with a heat transfer surface area of greater than 0.15 m², and_ _less than 20 m² :_ 8419 50 11 --- Shell and tube type u 7.5% 8419 50 12 --- Plate type u 7.5% 8419 50 13 --- Spiral type u 7.5% 8419 50 19 8419 50 91 8419 50 92 8419 50 93 8419 50 99 8419 60 00 8419 81 -- -- ------------ Other _Other :_ Shell and tube type Plate type Spiral type Other Machinery for liquefying air or other gases _Other machinery, plant and equipment:_ _F_ _ki_ _h_ _d i k_ _f_ _ki_ _h_ _i_ _f_ _d_ u 7.5% u 7.5% u 7.5% u 7.5% u 7.5% u 7.5% ----- **SECTION-XVI** **CHAPTER-84** 8419 81 20 --- Other kitchen machines u 10% 8419 81 90 --- Other u 10% 8419 89 -- _Other_ : --- _Pressure vessels, reactors, columns or towers or_ _chemical storage tanks :_ 8419 89 11 ---- Pressure vessels u 10% 8419 89 12 ---- Reactors with total internal (geometric) volume u 10% greater than 0.1 m³ (100 _l) and less than 20 m³_ (20000 l) 8419 89 13 ---- Other reactors u 10% 8419 89 14 ---- Distillation or absorption columns of internal u 10% diameter greater than 0.1 m 8419 89 15 ---- Other distillation or absorption columns u 10% 8419 89 16 ---- Chemical storage tanks with a total internal u 10% (geometric) volume greater than 0.1 m³ (100 l) 8419 89 17 ---- Other chemical storage tanks u 10% 8419 89 19 ---- Other u 10% 8419 89 20 --- Glass lined equipment u 7.5% 8419 89 30 --- Auto claves other than for cooking or heating food, u 7.5% u u u u u 8419 89 40 8419 89 50 8419 89 60 8419 89 70 8419 89 80 -- -- -- -- -- not elsewhere specified or included Cooling towers and similar plants for direct cooling (without a separating wall) by means of recirculated water Pasteurizers Plant growth chambers and rooms and tissue culture chambers and rooms having temperature, humidity or light control Apparatus for rapid heating of semi-conductor devices; apparatus for chemical or physical vapour deposition on semi-conductor wafers; apparatus for chemical vapour deposition on LCD substratus Vacuum-vapour plant for deposition of metals 7.5% 7.5% 7.5% 7.5% 7.5% 8419 89 90 --- Other u 7.5% 8419 90 - _Parts :_ 8419 90 10 --- Parts of instantaneous or storage water kg. 10% kg. u 8419 90 90 **8420** 8420 10 00 -- heaters (domestic type) Other **CALENDERING OR OTHER ROLLING MACHINES, OTHER** **THAN FOR METALS OR GLASS, AND** **CYLINDERS THEREFOR** Calendering or other rolling machines 7.5% 7.5% - _Parts :_ 8420 91 00 -- Cylinders kg. 7.5% 8420 99 00 -- Other kg. 7.5% **8421** **CENTRIFUGES,** **INCLUDING** **CENTRIFUGAL** **DRYERS;** **FILTERING OR PURIFYING MACHINERY AND APPARATUS,** **FOR LIQUIDS OR GASES** - _Centrifuges, including centrifugal dryers:_ 8421 11 00 -- Cream separators u 7.5% 8421 12 00 -- Clothes-dryers u 7.5% 8421 19 -- _Other_ : 8421 19 10 B l t if 7 5% ----- **SECTION-XVI** **CHAPTER-84** **(1)** **(2)** **(3)** **(4)** **(5)** 8421 19 40 --- Self cleaning centrifuges u 7.5% 8421 19 50 --- Decanter centrifuges horizontal bowl u 7.5% 8421 19 60 --- Screw conveyor centrifuges u 7.5% --- _Other :_ 8421 19 91 ---- For chemical industries u 7.5% 8421 19 99 ---- Other u 7.5% - _Filtering_ _or_ _purifying_ _machinery_ _and_ _apparatus_ _for_ _liquids:_ 8421 21 -- _For filtering or purifying water :_ 8421 21 10 --- Ion exchanger plant or apparatus u 7.5% 8421 21 20 --- Household type filters u 10% 8421 21 90 --- Other u 7.5% 8421 22 00 -- For filtering or purifying beverages other than u 7.5% water 8421 23 00 -- Oil or petrol-filters for internal combustion u 10% engines 8421 29 00 -- Other u 7.5% - _Filtering_ _or_ _purifying_ _machinery_ _and_ _apparatus_ _for_ _gases:_ 8421 31 00 -- Intake air filters for internal combustion engines u 10% 8421 32 00 -- Catalytic converters or particulate filters, whether u 15% or not combined, for purifying or filtering exhaust gases from internal combustion engines 8421 39 -- _Other_ : 8421 39 10 --- Air separators to be employed in the processing, u 7.5% smelting or refining of minerals, ores or metals; air strippers 8421 39 20 --- Air purifiers or cleaners u 7.5% 8421 39 90 --- Other u 7.5% - _Parts :_ 8421 91 00 -- Of centrifuges, including centrifugal dryers u 7.5% 8421 99 00 -- Other u. 10% **8422** **DI S H** **WAS H I NG** **M A CH IN ES ;** **M AC HI N ERY** **F O R** **C LE A NIN G O R DR YI NG B O TT L ES O R O T HE R** **CONTAINERS;** **MACHINERY FOR FILLING,** **CLOSING,** **SEALING OR LABELLING BOTTLES,** **CANS,** **BOXES,** **BAGS OR OTHER CONTAINERS;** **MACHINERY FOR** **CAPSULING BOTTLES,** **JARS,** **TUBES AND SIMILAR** **C ONTAI NERS ;** **O TH E R PACK ING O R W RAP P ING** **MACHINERY** **(INCLUDING HEAT-SHRINK WRAPPING** **MACHINERY); MACHINERY FOR AERATING BEVERAGES** - _Dish washing machines :_ 8422 11 00 -- Of the household type u 10% 8422 19 00 -- Other u 7.5% 8422 20 00 - Machinery for cleaning or drying bottles or other u 7.5% containers 8422 30 00 - Machineryfor filling, closing, sealing or labelling kg. 7.5% ----- **SECTION-XVI** **CHAPTER-84** **(1)** **(2)** **(3)** **(4)** **(5)** 8422 40 00 8422 90 machinery for capsuling bottles, jars, tubes and similar containers; machinery for aerating beverages Other packing or wrapping machinery (including heat-shrink wrapping machinery) _Parts:_ kg. 7.5% 8422 90 10 --- Of machinery for cleaning or drying bottles kg. 7.5% kg. 8422 90 20 -- or other containers Of dish washing machines of household type 10% 8422 90 90 --- Of other machinery kg. 7.5% **8423** **WEIGHING** **MACHINERY** **(EXCLUDING** **BALANCES** **OF** **A** **SENSITIVITY** **OF** **5** **CENTI GRAM S** **OR BETTE R),** **IN CLUDIN G W EIG HT OP E RAT ED COU NTI NG OR** **CHECKING MACHINES;** **WEIGHING MACHINE WEIGHTS** **OF ALL KINDS** 8423 10 00 - Personal weighing machines, including baby scales; u 10% 8423 20 00 household scales Scales for continuous weighing of goods on conveyors u 7.5% 8423 30 00 - Constant weight scales and scales for discharging a u predetermined weight of material into a bag or container, including hopper scales - _Other_ _weighing_ _machinery:_ 8423 81 -- _Having a maximum weighing capacity not_ _exceeding 30 kg :_ 7.5% 8423 81 10 --- Beam scale u 7.5% 8423 81 90 --- Other u 7.5% 8423 82 -- _Having_ _a maximum_ _weighing_ _capacity_ _exceeding 30 kg but not exceeding 5,000 kg :_ 8423 82 10 --- Beam scale u 7.5% 8423 82 90 --- Other u 7.5% 8423 89 00 -- Other u 7.5% 8423 90 8423 90 10 -- _Weighing machine weights of all kinds; parts of_ _weighing machinery :_ Weighing machine weights of all kinds 8423 90 10 --- Weighing machine weights of all kinds kg. 10% 8423 90 20 --- Parts of weighing machinery kg. 7.5% **8424** **MECHANICAL APPLIANCES (WHETHER OR NOT** **HAND-** **OP ERATED) F OR** **P ROJECTING, DISPERSING** **OR** **S P R AY IN G** **L IQUI DS** **O R** **P O W DE R S ;** **F I RE** **EXTINGUISHERS,** **WHETHER OR NOT CHARGED;** **SPRAY** **GUNS AND SIMILAR APPLIANCES;** **STEAM OR SAND** **BLASTING MACHINES AND SIMILAR JET PROJECTING** **MACHINES** ----- **SECTION-XVI** **CHAPTER-84** **(1)** **(2)** **(3)** **(4)** **(5)** 8424 10 00 - Fire extinguishers, whether or not charged u 7.5% 8424 20 00 - Spray guns and similar appliances u 7.5% 8424 30 00 Steam or sand blasting machines and similar jet projecting machines _Agricultural or horticultural sprayers:_ u 7.5% 8424 41 00 -- Portable sprayers u 7.5% 8424 49 00 8424 82 00 - - Other _Other appliances :_ Agricultural or horticultural u u 7.5% 7.5% 8424 89 -- _Other_ : 8424 89 10 --- Painting equipment, including electrostatic u 7.5% phosphating and powder coating equipment 8424 89 20 --- Industrial bellows u 7.5% 8424 89 90 --- Other u 7.5% 8424 90 00 - Parts kg. 7.5% 8424 89 20 -- **8425** 8425 11 - **8425** **PULLEY TACKLE AND HOISTS OTHER THAN SKIP HOISTS;** **WINCHES AND CAPSTANS; JACKS** - _Pulley tackles and hoists other than skip hoists_ _or hoists of a kind used for raising vehicles :_ 8425 11 -- _Powered by electric motor:_ 8425 11 10 --- Hoists u 7.5% 8425 11 20 --- Pulley tackle u 7.5% 8425 19 -- _Other :_ 8425 19 10 --- Hoists machine u 7.5% 8425 19 20 8425 31 00 8425 39 00 8425 41 00 -- _ - - - Pulley tackle _Winches; capstans:_ Powered by electric motor Other _Jacks; hoists of a kind used for raising vehicles_ Built-in jacking system of a type used in garages u u u _:_ u 7.5% 7.5% 7.5% 7.5% 8425 42 00 -- Other jacks and hoists, hydraulic u 7.5% 8425 49 00 -- Other u 7.5% **8426** **SHIP’S DERRICKS; CRANES INCLUDING CABLE CRANES;** **MOBILE** **LIFTING** **FRAMES, STRADDLE CARRIERS** **AND** **WORKS TRUCKS FITTED WITH A CRANE** _Overhead travelling cranes, transporter_ _cranes, gantry cranes, bridge cranes, mobile_ _lifting frames and straddle carriers :_ 8426 11 00 -- Overhead travelling cranes on fixed support u 7.5% 8426 12 00 -- Mobile lifting frames on tyres and straddle carriers u 7.5% 8426 19 00 -- Other u 7.5% ----- **SECTION-XVI** **CHAPTER-84** **(1)** **(2)** **(3)** **(4)** **(5)** 8426 20 00 - Tower cranes u 7.5% 8426 30 00 8426 41 00 8426 49 00 8426 91 00 - - - Portal or pedestal jib cranes _Other_ _machinery, self-propelled_ _:_ On tyres Other _Other machinery :_ Designed for mounting on road vehicles u u u u 7.5% 7.5% 7.5% 7.5% 8426 99 -- _Other_ : 8426 99 10 --- Ropeway and telphers u 7.5% 8426 99 90 --- Other u 7.5% **8427** **FORK-LIFT** **TRUCKS;** **OTHER** **WORKS** **TRUCKS** **FITTED** **WITH LIFTING OR HANDLING EQUIPMENT** 8427 10 00 - Self-propelled trucks powered by an electric motor u 7.5% 8427 20 00 - Other self-propelled trucks u 7.5% 8427 90 00 - Other trucks u 7.5% **8428** **OTHER** **LIFTING,** **HANDLING,** **LOADING** **OR** **UNLOADING** **MACHINERY** **(FOR EXAMPLE,** **LIFTS,** **ESCALATORS,** **CONVEYORS, TELEFERICS)** 8428 10 - _Lifts and skip hoists:_ --- _Lifts :_ 8428 10 11 ---- Lifts of a kind used in buildings u 7.5% 8428 10 19 ---- Other u 7.5% 8428 10 20 --- Skip hoists u 7.5% 8428 20 - _Pneumatic elevators and conveyors:_ --- _Conveyors :_ 8428 20 11 ---- Belt conveyors u 7.5% 8428 20 19 ---- Other u 7.5% 8428 20 20 8428 31 00 -- - Pneumatic elevators _Other_ _continuous- action_ _elevators_ _and_ _conveyors, for goods or materials :_ Specially designed for underground use u u 7.5% 7.5% 8428 32 00 -- Other, bucket type u 7.5% 8428 33 00 -- Other, belt type u 7.5% 8428 39 00 -- Other u 7.5% 8428 40 00 - Escalators and moving walkways u 7.5% 8428 60 00 - Teleferics, chair-lifts, ski-rag lines, traction u 7.5% mechanisms for funiculars 8428 70 00 8428 90 u 7.5% 8428 70 00 - Industrial robots u 7.5% 8428 90 - _Other machinery :_ 8428 90 10 --- For coal handling u 7.5% 8428 90 20 --- For ash handling u 7.5% 8428 90 90 --- Other u 7.5% **8429** **SELF-PROPELLED** **BULLDOZERS,** **ANGLEDOZERS,** ----- **SECTION-XVI** **CHAPTER-84** **(1)** **(2)** **(3)** **(4)** **(5)** **GRADERS,** **LEVELLERS,** **SCRAPERS,** **MECHANICAL** **SHOVELS,** **EXCAVATORS,** **SHOVEL LOADERS,** **TAMPING MACHINES AND ROAD ROLLERS** - _Bulldozers_ _and_ _angledozers_ _:_ 8429 11 -- _Track laying :_ 8429 11 10 --- Angledozers u 7.5% 8429 11 20 --- Bulldozers u 7.5% 8429 19 -- _Other_ : 8429 19 10 --- Angledozers u 7.5% 8429 19 20 --- Bulldozers u 7.5% 8429 20 00 - Graders and levellers u 7.5% 8429 30 00 - Scrappers u 7.5% 8429 40 - _Tamping machines and road rollers :_ 8429 40 10 --- Road rollers upto 5 tons capacity u 7.5% 8429 40 20 --- Road rollers above 5 tons capacity u 7.5% 8429 40 30 --- Tamping machines u 7.5% - _Mechanical shovels, excavators and shovel_ _loaders :_ 8429 51 00 -- Front-end shovel loaders u 7.5% 8429 52 00 -- Machinery with a 360 degrees revolving u 7.5% superstructure 8429 59 00 -- Other u 7.5% **8430** **OTHER** **MOVING,** **GRADING,** **LEVELLING,** **SCRAPING,** **EXCAVATING, TAMPING, COMPACTING, EXTRACTING OR** **BORING MACHINERY, FOR EARTH, MINERALS OR ORES;** **P ILE-DRIVERS AND P ILE-EXTRACTORS;** **SNOW-** **PLOUGHS AND SNOW-BLOWERS** 8430 10 - _Pile-drivers_ _and_ _pile-extractors_ _:_ 8430 10 10 --- Pile-drivers u 7.5% 8430 10 20 --- Pile-extractors u 7.5% 8430 20 00 - Snow-ploughs and snow-blowers u 7.5% - _Coal or rock cutters and tunneling machinery:_ 8430 31 -- _Self-propelled:_ 8430 31 10 --- Coal cutters u 7.5% 8430 31 20 --- Tunneling machinery u 7.5% 8430 31 90 --- Other u 7.5% 8430 39 00 -- Other u 7.5% - _Other boring or sinking_ _machinery:_ 8430 41 -- _Self-propelled_ _:_ 8430 41 10 --- Tube well drilling and core drilling machinery u 7.5% 8430 41 20 --- Petroleum and gas well drilling machinery u 7.5% 8430 41 30 --- Rock drilling machinery u 7.5% 8430 41 90 --- Other u 7.5% 8430 49 00 -- Other u 7.5% ----- **SECTION-XVI** **CHAPTER-84** **(1)** **(2)** **(3)** **(4)** **(5)** 8430 50 - _Other_ _machinery, self-propelled_ _:_ 8430 50 10 --- Mining machinery (excluding coal mining) u 7.5% 8430 50 90 8430 61 00 -- - Other _Other_ _machinery,_ _not_ _self-propelled:_ Tamping or compacting machinery u u 7.5% 7.5% 8430 69 00 -- Other u 7.5% **8431** **PARTS** **SUITABLE** **FOR** **USE** **SOLELY** **OR** **PRINCIPALLY** **WITH THE MACHINERY OF HEADINGS 8425 TO 8430** 8431 10 - _Of machinery of heading_ _8425 :_ 8431 10 10 --- Of pulley tackle and hoists, other than ship hoists, kg. 7.5% winches or capstans 8431 10 90 --- Other kg. 7.5% 8431 20 - _Of machinery of heading_ _8427 :_ 8431 20 10 --- Of fork lift trucks kg. 7.5% 8431 20 90 8431 31 00 -- - Other _Of machinery_ _of heading 8428:_ Of lifts, skip hoists or escalators kg. kg. 7.5% 7.5% 8431 39 -- _Other :_ 8431 39 10 --- Of elevators, conveyors and moving equipments kg. 7.5% 8431 39 90 8431 41 00 -- - Other _Of machinery of heading_ _8426, 8429 or 8430 :_ Buckets, shovels, grabs and grips kg. kg. 7.5% 7.5% 8431 42 00 -- Bulldozers or angledozer blades kg. 7.5% 8431 43 -- _Parts of boring or sinking machinery of sub-_ _heading 8430 41 or 8430 49 :_ 8431 43 10 --- Of boring or sinking machinery, self-propelled kg. 7.5% 8431 43 90 --- Other kg. 7.5% 8431 49 -- _Other :_ 8431 49 10 --- Of road rollers, mechanically propelled kg. 7.5% 8431 49 20 --- Of ships derricks and cranes kg. 7.5% 8431 49 30 --- Of other excavating, levelling, tamping or excavating kg. 7.5% kg. 8431 49 40 -- machinery for earth, mineral or ores Of pile driver, snow plough, not self-propelled 7.5% 8431 49 90 --- Other kg. 7.5% **8432** **AGRICULTURAL,** **HORTICULTURAL** **OR** **FORESTRY** **MACHINERY FOR SOIL PREPARATION OR CULTIVATION;** **LAWN OR SPORTS- GROUND ROLLERS** 8432 10 - _Ploughs:_ 8432 10 10 --- Disc ploughs u 7.5% 8432 10 20 --- Other tractor ploughs u 7.5% 8432 10 90 -- Other _Harrows, scarifiers, cultivators, weeders andhoes:_ u 7.5% ----- **SECTION-XVI** **CHAPTER-84** **(1)** **(2)** **(3)** **(4)** **(5)** 8432 21 00 -- Disc harrows u 7.5% 8432 29 -- _Other_ : 8432 29 10 --- Rotary hoes u 7.5% 8432 29 90 --- Other u 7.5% - _Seeders,_ _planters and transplanters:_ 8432 31 00 -- No-till direct seeders, planters and transplanters u 7.5% 8432 39 00 -- Other u 7.5% - _Manure_ _spreaders_ _and_ _fertiliser_ _distributors:_ 8432 41 00 -- Manure spreaders u 7.5% 8432 42 00 -- Fertiliser distributors u 7.5% 8432 80 - _Other machinery :_ 8432 80 10 --- Lawn or sports ground rollers u 7.5% 8432 80 20 --- Rotary tiller u 7.5% 8432 80 90 --- Other u 7.5% 8432 90 - _Parts :_ 8432 90 10 --- Parts of agricultural machinery falling within headings u 7.5% 8432 10, 8432 21, 8432 29, 8432 30 and 8432 40 8432 90 90 --- Other u 7.5% **8433** **HARVESTING** **OR** **THRESHING** **MACHINERY,** **INCLUDING** **STRAW OR FODDER BALERS; GRASS OR HAY MOWERS;** **MACHINES FOR CLEANING,** **SORTING OR GRADING** **EGGS,** **FRUIT** **OR** **OTHER** **AGRICULTURAL** **PRODUCE,** **OTHER THAN MACHINERY OF HEADING** **8437** - _Mowers_ _for lawns,_ _parks_ _or_ _sports-grounds:_ 8433 11 -- _Powered with the cutting device rotating in a_ _horizontal plane:_ 8433 11 10 --- Powered with 3 HP or more u 7.5% 8433 11 90 --- Other u 10% 8433 19 -- _Other_ : 8433 19 10 --- Non-powered mowers, having width of 75 cm u 7.5% or more 8433 19 90 --- Other u 10% 8433 20 00 - Other mowers, including cutter bars for tractor u 7.5% mounting 8433 30 00 - Other haymaking machinery u 7.5% 8433 40 00 - Straw or fodder balers, including pick-up balers u 7.5% - _Other_ _harvesting machinery;_ _threshing_ _machinery_ _:_ 8433 51 00 -- Combine harvester-threshers u 7.5% 8433 52 00 -- Other threshing machinery u 7.5% 8433 53 00 -- Root or tuber harvesting machines u 7.5% 8433 59 00 -- Other u 7.5% 8433 60 - _Machines_ _for cleaning, sorting_ _or grading_ _eggs, fruit or other agricultural produce :_ 8433 60 10 --- Machines for cleaning u 7.5% 8433 60 20 --- Machines for sorting or grading u 7.5% ----- **SECTION-XVI** **CHAPTER-84** **(1)** **(2)** **(3)** **(4)** **(5)** 8433 90 00 - Parts kg. 7.5% **8434** **MILKING** **MACHINES** **AND** **DAIRY** **MACHINERY** 8434 10 00 - Milking machines u 7.5% 8434 20 00 - Dairy machinery u 7.5% 8434 90 - _Parts :_ 8434 90 10 --- Of milking machinery kg. 7.5% 8434 90 20 --- Of dairy machinery kg. 7.5% **8435** **PRESSES,** **CRUSHERS** **AND** **SIMILAR** **MACHINERY** **USED** **IN** **THE MANUFACTURE** **OF** **WINE,** **CIDER,** **FRUIT** **JUICES** **OR SIMILAR BEVERAGES** 8435 10 00 - Machinery u 7.5% 8435 90 00 - Parts kg. 7.5% **8436** **OTHER AGRICULTURAL,** **HORTICULTURAL,** **FORESTRY,** **POULTRY-KEEPING OR BEE-KEEPING MACHINERY,** **INCLUDING GERMINATION PLANT FITTED WITH** **MECHANICAL OR** **THERMAL** **EQUIPMENT;** **POULTRY** **INCUBATORS AND BROODERS** 8436 10 00 8436 21 00 - Machinery for preparing animal feeding stuffs _Poultry- keeping_ _machinery;_ _poultry_ _incubators and brooders :_ Poultry incubators and brooders u u 7.5% 7.5% 8436 29 00 -- Other u 7.5% 8436 80 - _Other_ _machinery:_ 8436 80 10 --- Germination plant fitted with mechanical and u 7.5% u kg. kg. 8436 80 90 8436 91 00 8436 99 00 -- - - thermal equipment Other _Parts :_ Of poultry-keeping machinery or poultry incubators and brooders Other 7.5% 7.5% 7.5% **8437** **MACHINES FOR CLEANING, SORTING OR GRADING** **SEED, GRAIN OR DRIED LEGUMINOUS VEGETABLES;** **MACHINERY USED IN THE MILLING INDUSTRY OR** **FOR THE WORKING OF CEREALS OR DRIED** **LEGUMINOUS VEGETABLES,** **OTHER** **THAN** **FARM-TYPE** **MACHINERY** 8437 10 00 - Machines for cleaning, sorting or grading seed, grain or dried leguminous vegetables 8437 80 - _Other machinery :_ u 7.5% 8437 80 10 --- Flour mill machinery u 7.5% 8437 80 20 --- Rice mill machinery u 7.5% 8437 80 90 --- Other u 7.5% 8437 90 - _Parts :_ ----- **SECTION-XVI** **CHAPTER-84** **(1)** **(2)** **(3)** **(4)** **(5)** 8437 90 10 --- Of flour mill machinery kg. 7.5% 8437 90 20 --- Of rice mill machinery kg. 7.5% 8437 90 90 --- Other kg. 7.5% **8438** **MA** **CHI** **NE RY,** **N OT** **S P EC IF IE D** **O R I NC LU DE D** **ELSEWHERE IN THIS** **CHAPTER,** **FOR THE INDUSTRIAL** **PREPARATION OR MANUFACTURE OF FOOD OR DRINK,** **OTHER THAN MACHINERY FOR THE EXTRACTION OR** **PREPARATION** **OF** **ANIMAL** **OR** **FIXED** **VEGETABLE OR** **MICROBIAL FATS OR OILS** 8438 10 - _Bakery_ _machinery_ _and_ _machinery_ _for_ _the_ _manufacture of macaroni, spaghetti or similar_ _products :_ 8438 10 10 --- Bakery machinery u 7.5% 8438 10 20 8438 20 00 8438 10 20 --- Machinery for manufacture of macaroni or spaghetti u 7.5% or similar products 8438 20 00 - Machinery for the manufacture of confectionery, u 7.5% cocoa or chocolate 8438 30 - _Machinery for sugar manufacture :_ 8438 30 10 --- Sugar cane crushers u 7.5% 8438 30 90 --- Other u 7.5% 8438 40 00 - Brewery machinery u 7.5% 8438 50 00 - Machinery for the preparation of meat or poultry u 7.5% 8438 60 00 - Machinery for the preparation of fruits, nuts or u 7.5% vegetables 8438 80 - _Other machinery :_ 8438 80 10 --- Auxiliary equipment for extrusion cooking plant u 7.5% -- 8438 80 20 8438 80 30 -- -- For production of soya milk or other soya products (other than soya oil) Diffusing machines (diffusers) u u 7.5% 7.5% 8438 80 40 --- Tea leaf rolling or cutting machine u 7.5% 8438 80 90 --- Other u 7.5% 8438 90 - _Parts :_ 8438 90 10 --- Of sugar manufacturing machinery kg. 7.5% 8438 90 90 --- Of other machinery kg. 7.5% **8439** **MA CHI NE R Y** **F OR** **M AKIN G** **P U L P** **O F** **F I BR OU S** **CELLULOSIC MATERIAL OR FOR MAKING OR FINISHING** **PAPER OR PAPERBOARD** 8439 10 00 - Machinery for making pulp of fibrous u 7.5% cellulosic material 8439 20 00 - Machinery for making paper or paperboard u 7.5% 8439 30 - _Machinery_ _for_ _finishing_ _paper_ _or_ _paperboard:_ 8439 30 10 --- Paper laminating machine u 7.5% 8439 30 90 --- Other u 7.5% ----- **SECTION-XVI** **CHAPTER-84** **(1)** **(2)** **(3)** **(4)** **(5)** kg. kg. 8439 91 00 8439 99 00 - - _Parts :_ Of machinery for making pulp of fibrous cellulosic material Other 7.5% 7.5% **8440** **BOOK-BINDING** **MACHINERY,** **INCLUDING** **BOOK-** **SEWING MACHINES** 8440 10 - _Machinery_ _:_ 8440 10 10 --- Wire stitching machinery, single headed u 7.5% 8440 10 90 --- Other u 7.5% 8440 90 00 - Parts kg. 7.5% **8441** **OTHER** **MACHINERY** **FOR** **MAKING** **UP** **PAPER** **PULP,** **PAPER** **OR** **PAPRBOARD,** **I N C L U D I N G CUTTING** **MACHINES OF ALL KINDS** 8441 10 - _Cutting machines :_ 8441 10 10 8441 10 90 -- -- Paper cutting machines, excluding machines with devices such as automatic programme cutting or three knife trimmers Other u u 7.5% 7.5% 8441 20 00 - Machines for making bags, sacks or envelopes u 7.5% 8441 30 00 8441 40 00 8441 80 00 8441 30 00 - Machines for making cartons, boxes, cases, u 7.5% tubes, drums or similar containers, other than by moulding 8441 40 00 - Machines for moulding articles in paper pulp, u 7.5% paper or paperboard 8441 80 00 - Other machinery u 7.5% 8441 90 00 - Parts kg. 7.5% **8442** **MACHINERY,** **APPARATUS AND** **EQUIPMENT** **(OTHER** **THEN THE MACHINES OF HEADINGS 8456 TO 8465)** **FOR** **PREPARING** **OR** **MAKING** **PLATES,** **PRINTING** **C OMPONENTS ;** **PLATES,** **CYLINDERS** **AND** **LITHOGRAPHIC STONES,** **PREPARED FOR PRINTING** **PURPOSES** **(FOR EXAMPLE,** **PLANED,** **GRAINED OR** **POLISHED)** 8442 30 - _machinery,_ _apparatus_ _and_ _equipment:_ 8442 30 10 --- Brass rules u 7.5% 8442 30 20 --- Chases u 7.5% 8442 30 90 --- Other u 7.5% 8442 40 00 - Parts of the foregoing machinery, apparatus or kg. 7.5% equipment 8442 50 - _Plates, cylinders and other printing components;_ _plates,_ _cylinders_ _and_ _lithographic_ _stones,_ _prepared for printing purposes (for example,_ _planed, grained or polished):_ ----- **SECTION-XVI** **CHAPTER-84** **(1)** **(2)** **(3)** **(4)** **(5)** 8442 50 10 -- Plates and cylinders kg. 7.5% 8442 50 20 - -- kg. 7.5% 8442 50 20 -- Lithographic plates kg. 7.5% --- _Plate, cylinder and lithographic_ _stones_ _prepared for printing purposes:_ 8442 50 31 ---- Plate and cylinder for textile printing machine kg. 7.5% 8442 50 39 ---- Other kg. 7.5% 8442 50 40 --- Highly polished copper sheets for making blocks kg. 7.5% 8442 50 50 8442 50 90 -- -- Highly polished zinc sheets for making process blocks Other 7.5% 7.5% 7.5% 7.5% 7.5% 7.5% 7.5% 7.5% **8443** **PRINTING MACHINERY USED FOR PRINTING** **BY MEANS** **OF** **PLATES, CYLINDERS AND OTHER PRINTING** **COMPONENTS OF HEADING 8442; OTHER PRINTERS,** **COPYING MACHINES AND FACSIMILE MACHINES,** **W H ETHER O R NOT** **COMBINED;** **PARTS** **AND** **ACCESSORIES** **THEREOF** kg. kg. u u u u u u - _Printing machinery used for printing by means_ _of plates, cylinders and other printing_ _components of heading 8442_ : 8443 11 00 -- Off set printing machinery, reel fed u 7.5% 8443 12 00 -- Offset printing machinery, sheet- fed, office type u 7.5% (using sheets With one side not exceeding22 cm and the other side not exceeding 36 cm in the unfolded state) 8443 13 00 -- Other offset printing machinery u 7.5% 8443 14 00 -- Letterpress printing machinery, reel fed, excluding u 7.5% flexography printing 8443 15 00 -- Letterpress printing machinery, other than reel fed, u 7.5% excluding flexographic printing 8443 16 00 -- Flexographic printing machinery u 7.5% 8443 17 00 -- Gravure printing machinery u 7.5% 8443 19 -- _Other:_ 8443 19 10 --- Flat bed prianting presses u 7.5% 8443 19 20 --- Platen printing presses u 7.5% 8443 11 00 8443 12 00 8443 13 00 8443 14 00 8443 15 00 8443 16 00 - - - - - - 8443 19 30 8443 19 41 ---- --- Proof presses Machinery for printing repetitive word or design or colour: On cotton textile u u 7.5% 7.5% 8443 19 49 ---- Other u 7.5% 8443 19 90 8443 31 00 -- - - Other _Other printers, copying machines and facsimile_ _machines, whether or not combined :_ Machines which perform two or more of the u u 7.5% 7.5% ----- **SECTION-XVI** **CHAPTER-84** **(1)** **(2)** **(3)** **(4)** **(5)** functions of printing, copying or facsimile transmission, capable of connecting to an automatic data processing machine or to a network 8443 32 -- _Other, capable of connecting to an automatic data_ _processing machine or to a network:_ 8443 32 10 --- Line printer u Free 8443 32 20 --- Dot matrix printer u Free 8443 32 30 --- Letter quality daisy wheel printer u Free 8443 32 40 --- Laser jet printer u Free 8443 32 50 --- Ink jet printer u Free 8443 32 60 --- Facsimile machine u Free 8443 32 90 --- Other u 10% 8443 39 -- _Other:_ 8443 39 10 --- Ink-jet printing machine u 7.5% 8443 39 20 --- Electrostatic photocopying apparatus operated by u 7.5% reproducing the original image directly onto the copy (direct process) 8443 39 30 --- Electrostatic photocopying apparatus operated by u 7.5% reproducing the original image via and interme diate onto the copy (indirect process) 8443 39 40 --- Other photocopying apparatus incorporating an u 7.5% optical system 8443 39 50 --- Other photocopying apparatus of contact type 8443 39 60 --- Thermo-copying apparatus u 7.5% 8443 39 70 --- Facsimile machine not capable of getting connected u 7.5% to automatic data processing machine 8443 39 90 --- Other u 7.5% -- _Parts and accessories_ : 8443 91 00 -- Parts and accessories of printing machinery used kg. 7.5% for printing by means of plates, cylinders and other printing components of heading 8442 8443 99 -- _Other:_ u Free 8443 99 10 --- Automatic documents feeders of copying machines u Free 8443 99 20 --- Paper feeders of copying machines u Free 8443 99 30 --- Sorters of copying machines u Free 8443 99 40 --- Other parts of copying machines u Free --- _Parts and accessories of goods of sub-heading_ u Free _8443 31, 8443 32:_ 8443 99 51 --- Ink cartridges, with print head assembly u 10% 8443 99 52 ---- Ink cartridges, without print head assembly u 10% 8443 99 53 --- Ink spray nozzle u 10% 8443 99 59 ---- Other u Free 8443 99 60 --- Parts and accessories of goods of sub-heading u 7.5% 8443 39 8443 99 90 --- Other u 7.5% ----- **SECTION-XVI** **CHAPTER-84** **(1)** **(2)** **(3)** **(4)** **(5)** **8444** **MACHINES** **FOR** **EXTRUDING,** **DRAWING,** **TEXTURING** **OR** **CUTTING MAN-MADE TEXTILE MATERIALS** 8444 00 - _Machines_ _for_ _extruding,_ _drawing,_ _texturing_ _or cutting man-made textile materials :_ 8444 00 10 --- Machines for extruding man-made textile materials u 12.5% 8444 00 90 --- Other u 7.5% **8445** **MA CHINES F OR** **P REPARING T EXTILE F IBRE S;** **SPINNING,** **DOUBLING** **OR** **TWISTING** **MACHINES** **AND** **OTHER** **MACHINERY** **FOR** **PRODUCING** **TEXTILE** **YARNS;** **TEXTILE** **REELING** **OR** **WINDING** **(INCLUDING** **WEFT-** **WINDING)** **MACHINES** **AND** **MACHINES** **FOR** **PREPARING** **TEXTILE YARNS FOR USE ON THE MACHINES** **OF** **HEADING** **8446 OR 8447** - _Machines for preparing textile fibres :_ 8445 11 -- _Carding machines :_ 8445 11 10 --- Cotton carding machines u 7.5% 8445 11 90 --- Other u 7.5% 8445 12 -- _Combing machines:_ 8445 12 10 --- Cotton combing machines u 7.5% 8445 12 90 --- Other u 7.5% 8445 13 00 -- Drawing or roving machines u 7.5% 8445 19 -- _Other_ : 8445 19 10 --- Cottonprocessingmachines (includingcottonginning u 7.5% machine) 8445 19 20 --- Jute fibre processing machines u 7.5% 8445 19 30 --- Regenerated fibres and synthetic fibres processing u 7.5% machines 8445 19 40 --- Silk processing machines u 7.5% 8445 19 50 --- Wool processing machines u 7.5% 8445 19 60 --- Blowroom machines u 7.5% 8445 19 90 --- Other u 7.5% 8445 20 - _Textile spinning machines :_ --- _Cotton spinning machines :_ 8445 20 11 ---- Drawing frames u 7.5% 8445 20 12 ---- Intermediate frames u 7.5% 8445 20 13 ---- Ring frames u 7.5% 8445 20 14 ---- Roving frames u 7.5% 8445 20 19 ---- Other u 7.5% 8445 20 20 --- Jute fibres spinning machines u 7.5% 8445 20 30 --- Regenerated fibres and synthetic fibres spinning u 7.5% machines 8445 20 40 --- Silk fibres spinning machines u 7.5% 8445 20 50 --- Wool spinning machines u 7.5% 8445 20 90 --- Other u 7.5% ----- **SECTION-XVI** **CHAPTER-84** **(1)** **(2)** **(3)** **(4)** **(5)** 8445 30 - _Textile doubling or twisting machines :_ --- _Cotton fibre doubling or twisting machines :_ 8445 30 11 ---- Doubling frames u 7.5% 8445 30 19 ---- Other u 7.5% 8445 30 20 --- Jute fibre doubling or twisting machines u 7.5% 8445 30 30 --- Regenerated fibre and synthetic fibre yarn u 7.5% doubling or twisting machines 8445 30 40 --- Silk fibre doubling or twisting machines u 7.5% 8445 30 50 --- Wool fibre doubling or twisting machines u 7.5% 8445 30 90 --- Other fibre doubling or twisting machines u 7.5% 8445 40 - _Textile winding (including weft-winding) or_ _reeling machines :_ 8445 40 10 --- Cotton fibre winding (including weft-winding) u 7.5% or reeling machines, automatic or otherwise 8445 40 20 --- Jute fibre reeling (including weft-winding) u 7.5% machines 8445 40 30 --- Regenerated fibres yarn and synthetic fibres u 7.5% yarn reeling (including weft-winding) machines 8445 40 40 --- Silk fibre reeling (including weft-winding) u 7.5% machines 8445 40 50 --- Wool fibre reeling (including weft-winding) u 7.5% machines 8445 40 90 --- Other u 7.5% 8445 90 00 - Other u 7.5% **8446** **WEAVING** **MACHINES** **(LOOMS)** 8446 10 - _For weaving fabrics of a width not exceeding 30 cm :_ --- _Cotton weaving machines :_ 8446 10 11 ---- Automatic, powerloom u 7.5% 8446 10 12 ---- Plain, powerloom u 7.5% 8446 10 19 ---- Other u 7.5% 8446 10 90 --- Other u 7.5% - _For weaving fabrics of a width not exceeding_ _30 cm, shuttle type:_ 8446 21 -- _Power looms:_ 8446 21 10 --- Cotton weaving machines, automatic u 7.5% 8446 21 90 --- Other u 7.5% 8446 29 -- _Other :_ 8446 29 10 --- Cotton weaving machines u 7.5% 8446 29 90 --- Other u 7.5% 8446 30 - _For_ _weaving_ _fabrics_ _of_ _a_ _width_ _exceeding 30_ _cm, shuttleless type:_ --- _Cotton weaving machines :_ 8446 30 11 ---- Automatic, powerloom u 7.5% 8446 30 12 ---- Plain, powerloom u 7.5% 8446 30 19 ---- Other u 7.5% ----- **SECTION-XVI** **CHAPTER-84** **(1)** **(2)** **(3)** **(4)** **(5)** 8446 30 90 --- Other u 7.5% **8447** **KNITTING MACHINES, STITCH-BONDING MACHINES** **AND MACHINES FOR MAKING GIMPED YARN, TULLE,** **LACE,** **EMBROIDERY,** **TRIMMINGS, BRAID** **OR NET** **AND** **MACHINES FOR TUFTING** _Circular knitting machines :_ _With cylinder diameter not exceeding 165 mm:_ 8447 11 - _--- Wool knitting machines :_ 8447 11 11 ---- Hand knitting machines u 7.5% 8447 11 19 ---- Other u 7.5% 8447 11 20 --- Cotton hosiery machines u 7.5% 8447 11 90 --- Other u 7.5% 8447 12 -- _With cylinder diameter exceeding 165 mm:_ --- _Wool knitting machines:_ 8447 12 11 ---- Hand knitting machines u 7.5% 8447 12 19 ---- Other u 7.5% 8447 12 20 --- Cotton hosiery machines u 7.5% 8447 12 90 --- Other u 7.5% 8447 20 - _Flat_ _kniting machines;_ _stitch-bonding_ _machines:_ 8447 20 10 --- Hand knitting machines for wool u 7.5% 8447 20 20 --- Other knitting machines for wool u 7.5% 8447 20 30 --- Cotton hosiery machines u 7.5% 8447 20 90 --- Other u 7.5% 8447 90 - _Other_ : 8447 90 10 --- Machines for making of tulle and lace u 7.5% 8447 90 20 --- Machines for making embroidery u 7.5% 8447 90 30 --- Other u 7.5% **8448** **AUXILIARY MACHINERY FOR USE WITH MACHINES** **OF HEADING** **8444,** **8445,** **8446 OR** **8447** **(FOR** **EXAMPLE, DOBBIES, JACQUARDS, AUTOMATIC STOP** **MOTIONS,** **SHUTTLE CHANGING** **MECHANISMS);** **PARTS** **AND** **ACCESSORIES** **SUITABLE** **FOR** **USE** **SOLELY** **OR** **PRINCIPALLY WITH THE MACHINES OF THIS HEADING** **OR OF HEADING** **8444, 8445, 8446** **OR** **8447 (FOR** **EXAMPLE,** **SPINDLES AND SPINDLE FLYERS,** **CARD** **CLOTHING,** **COMBS,** **EXTRUDING NIPPLES,** **SHUTTLES,** **HEALDS AND HEALD FRAMES, HOSIERY NEEDLES)** - _Auxiliary_ _machinery_ _for_ _machines_ _of_ _heading_ _8444, 8445, 8446 or 8447:_ 8448 11 -- _Dobbies and jacquards; card reducing,_ 8448 11 10 -- _copying, punching or assembling machines_ _for use therewith :_ Jacquards and harness liner cards for cotton textile machinery kg. 7.5% ----- **SECTION-XVI** **CHAPTER-84** **(1)** **(2)** **(3)** **(4)** **(5)** 8448 11 90 --- Other kg. 7.5% 8448 19 00 -- Other kg. 7.5% 8448 20 00 - Parts and accessories of machines of heading kg. 7.5% 8444 or of their auxiliary machinery - _Parts and accessories of machines of heading_ _8445 or of their auxiliary machinery_ _:_ 8448 31 00 -- Card clothing kg. 7.5% 8448 32 -- _Of machines for preparing textile fibres, other_ _than card_ _clothing:_ 8448 32 10 --- For cotton processing machines kg. 7.5% 8448 32 20 --- For jute processing machines kg. 7.5% 8448 32 30 --- For silk and manmade (regenerated and kg. 7.5% synthetic fibres processing machines) 8448 32 40 --- For wool processing machines kg. 7.5% 8448 32 90 --- Other kg. 7.5% 8448 33 -- _Spindles, spindle flyers, spinning rings and ring_ _travellers :_ 8448 33 10 --- For cotton spinning machines kg. 7.5% 8448 33 20 --- For jute spinning machines kg. 7.5% 8448 33 30 --- For silk and man-made (regenerated and kg. 7.5% synthetic) fibre spinning machines 8448 33 40 --- For wool spinning machines kg. 7.5% 8448 33 90 --- For other textile fibre spinning machines kg. 7.5% 8448 39 -- _Other_ : 8448 39 10 --- Combs for cotton textile machinery kg. 7.5% 8448 39 20 --- Gills for gill boxes kg. 7.5% 8448 39 90 --- Other kg. 7.5% - _Parts_ _and_ _accessories_ _of_ _weaving_ _machines_ _(looms) or of their auxiliary machinery :_ 8448 42 -- _Reeds for looms, healds and heald-frames:_ 8448 42 10 --- Healds (excluding wire healds) and reeds for cotton kg. 7.5% machinery 8448 42 20 --- Healds, wire kg. 7.5% 8448 42 90 --- Other kg. 7.5% 8448 49 -- _Other_ : 8448 49 10 --- Parts of cotton weaving machinery kg. 7.5% 8448 49 20 --- Parts of jute weaving machinery kg. 7.5% 8448 49 30 --- Parts of silk and man-made fibres weaving kg. 7.5% machinery 8448 49 40 --- Parts of wool weaving machinery kg. 7.5% 8448 49 50 --- Parts of other textile weaving machinery kg. 7.5% 8448 49 90 --- Other kg. 7.5% - _Parts and accessories of machines of heading_ _8447 or of their auxiliary machinery :_ ----- **SECTION-XVI** **CHAPTER-84** **(1)** **(2)** **(3)** **(4)** **(5)** 8448 51 -- _Sinkers, needles and other articles used in_ _forming stitches :_ 8448 51 10 --- Of cotton hosiery machine kg. 7.5% 8448 51 20 --- Of wool knitting machines kg. 7.5% 8448 51 30 --- Of machines for tulle, lace kg. 7.5% 8448 51 90 --- Other kg. 7.5% 8448 59 00 -- Other kg. 7.5% **8449** **MACHINERY FOR THE MANUFACTURE OR FINISHING** **OF FELT OR NONWOVENS IN THE PIECE OR IN SHAPES,** **INCLUDING MACHINERY** **FOR MAKING** **FELT HATS;** **BLOCKS FOR MAKING HATS** 8449 00 - _Machinery for the manufacture or finishing_ _of felt or nonwovens in the piece or in shapes,_ _including_ _machinery_ _for_ _making_ _felt_ _hats;_ _blocks for making hats :_ 8449 00 10 --- Machinery for manufacture or finishing of felt kg. 7.5% in piece or inshapes (including felt hat-making 8449 00 90 -- machines and hat making blocks) Other 7.5% 20% **8450** **HOUSEHOLD** **OR** **LAUNDRY-TYPE** **WASHING** **MACHINES,** **INCLUDING MACHINES WHICH BOTH WASH AND DRY** kg. u _Machines, each of a dry linen capacity not_ _exceeding 10 kg:_ Fully-automatic machines 8450 11 00 - 8450 12 00 -- Other machines, with built-in centrifugal drier u 20% 8450 19 00 -- Other u 20% 8450 20 00 - Machines, each of a dry linen capacity exceeding u 7.5% 10 kg 8450 90 - _Parts:_ 8450 90 10 --- Parts of household type machines kg. 10% 8450 90 90 --- Other kg. 7.5% **8451** **MACHINERY (OTHER THAN MACHINES OF HEADING** **8450) FOR WASHING, CLEANING, WRINGING, DRYING,** **IRONING, PRESSING (INCLUDING FUSING PRESSES),** **BLEACHING, DYEING, DRESSING, FINISHING, COATING** **OR** **IMPREGNATING** **TEXTILE** **YARNS,** **FABRICS** **OR** **MADE** **UP TEXTILE ARTICLES AND MACHINES FOR APPLYING** **THE PASTE TO THE BASE FABRIC OR OTHER SUPPORT** **USED IN THE MANUFACTURE OF FLOOR COVERINGS** **SUCH AS LINOLEUM;** **MACHINES FOR REELING,** **UNREELING,** **FOLDING,** **CUTTING OR PINKING TEXTILE** **FABRICS** ----- **SECTION-XVI** **CHAPTER-84** **(1)** **(2)** **(3)** **(4)** **(5)** 8451 10 - _Dry-cleaning_ _machines_ _:_ 8451 10 10 --- Dry cleaning machines for cotton textile u 7.5% 8451 10 90 --- Other u 7.5% - _Drying_ _machines:_ 8451 21 00 -- Each of a dry linen capacity not exceeding 10 kg u 10% 8451 29 00 -- Other u 7.5% 8451 30 - _Ironing_ _machines_ _and_ _presses_ _(including_ _fusing_ _presses):_ 8451 30 10 --- Hand ironing press u 10% 8451 30 90 --- Other u 7.5% 8451 40 - _Washing,_ _bleaching_ _or_ _dyeing_ _machines:_ --- _Bleaching machine :_ 8451 40 11 ---- For cotton textile u 7.5% 8451 40 19 ---- Other u 7.5% --- _Dyeing_ _machines:_ 8451 40 21 ---- For cotton textile u 7.5% 8451 40 29 ---- For other textile u 7.5% --- _Other_ : 8451 40 91 ---- For washing and cleaning for woollen textile u 7.5% 8451 40 99 ---- Other u 7.5% 8451 50 00 - Machinesforreeling, unreeling,folding, cuttingor u 7.5% pinkingtextile fabrics 8451 80 - _Other machinery :_ --- _Sizing_ _and_ _dressing_ _machines:_ 8451 80 11 ---- For cotton textile u 7.5% 8451 80 19 ---- Other u 7.5% --- _Finishing machines :_ 8451 80 21 ---- For coating or impregnating yarn or fabrics u 7.5% 8451 80 22 ---- Other finishing processes for cotton textile u 7.5% 8451 80 29 ---- Other u 7.5% 8451 80 90 --- Other u 7.5% 8451 90 00 - Parts kg. 7.5% **8452** **SEWING** **MACHINES,** **OTHER** **THAN** **BOOK-SEWING** **MACHINES OF HEADING 8440; FURNITURE, BASES AND** **COVERS SPECIALLY DESIGNED FOR SEWING** **MACHINES;** **SEWING MACHINE NEEDLES** 8452 10 - _Sewing machines of the household type :_ --- _Complete, with stand or table:_ 8452 10 11 ---- With electronic controls or electric motors u 10% 8452 10 12 ---- Hand operated u 10% 8452 10 19 ---- Other u 10% --- _Without stand or table (heads):_ 8452 10 21 ---- With electronic controls or electric motors u 10% 8452 10 22 ---- Hand operated u 10% 8452 10 29 ---- Other u 10% ----- **SECTION-XVI** **CHAPTER-84** **(1)** **(2)** **(3)** **(4)** **(5)** u u _Other sewing machines:_ _Automatic units :_ Industrial sewing machines having a motor of 12.50 watts capacity and above and having a speed of 1,500 stitches per minute or more Other with electronic controls or electric motors 8452 21 8452 21 10 8452 21 20 - -- -- 7.5% 7.5% 8452 21 90 --- Other u 7.5% 8452 29 00 -- Other u 7.5% 8452 30 - _Sewing machine needles :_ 8452 30 10 --- For household type sewing machines kg. 10% 8452 30 90 --- Other kg. 7.5% 8452 90 - _Furniture, bases and covers for sewing machines_ _and parts thereof; other parts of sewing_ _machines:_ - - - _Furniture, bases and covers for sewing machines_ _and parts thereof:_ 8452 90 11 - - - - Furniture, bases and covers kg 7.5% 8452 90 19 - - - - - Parts of furniture, bases and covers of sewing machines Other parts of sewing machines: kg 7.5% 8452 90 91 - - - - Of household sewing machines kg 10% 8452 90 99 - -- - Other kg 7.5 **8453** **MACHINERY** **FOR** **PREPARING,** **TANNING** **OR** **WORKING** **HIDES,** **SKINS OR LEATHER OR FOR MAKING OR** **REPAIRING FOOTWEAR OR OTHER ARTICLES OF HIDES,** **SKINS OR LEATHER,** **OTHER THAN SEWING MACHINES** 8453 10 00 - Machinery for preparing, tanning or working u 7.5% hides, skins or leather 8453 20 00 - Machinery for making or repairing footwear u 7.5% 8453 80 00 - Other machinery u 7.5% 8453 90 - _Parts :_ 8453 90 10 --- Of boot and shoe manufacturing machinery kg. 7.5% 8453 90 90 --- Other kg. 7.5% **8454** **CONVERTERS,** **LADLES,** **INGOT MOULDS AND CASTING** **MACHINES,** **OF** **A KIND USED IN METALLURGY OR IN** **METAL** **FOUNDRIES** 8454 10 00 - Converters u 7.5% 8454 20 - _Ingot moulds and ladles :_ 8454 20 10 --- Ladles u 7.5% 8454 20 20 --- Ingot moulds u 7.5% 8454 30 - _Casting machines:_ 8454 30 10 --- Die-casting machines u 7.5% 8454 30 20 --- Continuous casting machines u 7.5% ----- **SECTION-XV I** **CHAP TER-84** **(1)** **(2)** **(3)** **(4)** **(5)** 8454 30 90 --- Other u 7.5% 8454 90 00 - Parts kg. 7.5% **8455** **METAL-ROLLING** **MILLS** **AND** **ROLLS** **THEREFOR** 8455 10 00 8455 21 - Tube mills _Other rolling mills:_ _Hot or combination hot and cold:_ u 7.5% 8455 21 10 --- Hot u 7.5% 8455 21 20 --- Combination hot and cold u 7.5% 8455 22 00 -- Cold u 7.5% 8455 30 00 - Rolls for rolling mills u 7.5% 8455 90 00 - Other parts kg. 7.5% **8456** **MACHINE-TOOLS FOR WORKING ANY MATERIAL BY** **REMOVAL OF MATERIAL, BY LASER OR OTHER LIGHT** **O R P HO TO N BE A M,** **U LT R A- S O NIC,** **E L E CT R O -** **DISCHARGE, ELECTRO-CHEMICAL, ELECTRON BEAM,** **IONIC-BEAM OR PLASMA ARC PROCESSES;** **WATER- JET** **CUTTING MACHINES** u 8456 11 00 - _Operated by laser or other light or photon beam_ _processes:_ Operated by laser 7.5% 8456 12 00 -- Operated by other light or photon beam u 7.5% u 8456 20 00 processes Operated by ultrasonic processes 7.5% 8456 30 00 - Operated by electro-discharge processes u 7.5% 8456 40 00 - Operated by plasma arc processes u 7.5% 8456 50 00 - Water-jet cutting machines u 7.5% 8456 90 - _Other_ : 8456 90 10 -- For dry-etching patterns on semi-conductor u Free u 8456 90 20 - materials Electro-chemical machines 7.5% 8456 90 90 --- Other u 7.5% **8457** **MA CHI** **NI N G** **CE NT R E S,** **U NI T** **CO NS T R UCT I ON** **MACHINES** **(SINGLE** **STATION)** **AND** **MULTI-STATION** **TRANSFER MACHINES FOR WORKING METAL** 8457 10 - _Machining_ _centres:_ 8457 10 10 --- Horizontal u 7.5% 8457 10 20 --- Vertical u 7.5% 8457 20 - _Unit_ _construction_ _machines_ _(single_ _station):_ 8457 20 10 --- Unit head boring u 7.5% 8457 20 20 --- Unit head drilling u 7.5% 8457 20 90 --- Other u 7.5% 8457 30 - _Multi-station transfer machines:_ 8457 30 10 --- Rotary type u 7.5% ----- **SECTION-XVI** **CHAPTER-84** **(1)** **(2)** **(3)** **(4)** **(5)** 8457 30 20 --- In-line type u 7.5% 8457 30 90 --- Other u 7.5% **8458** **LATHES** **(INCLUDING** **T URNING** **C** **ENTR ES)** **F OR** **REMOVING METAL** - _Horizontal lathes :_ 8458 11 00 -- Numerically controlled u 7.5% 8458 19 -- _Other_ : --- _Automatic,_ _single_ _spindle:_ 8458 19 11 ---- Horizontal bar, swiss type u 7.5% 8458 19 12 ---- Base sliding head type u 7.5% 8458 19 13 ---- Horizontal chucking u 7.5% 8458 19 19 ---- Other u 7.5% 8458 19 90 --- Other u 7.5% - _Other lathes :_ 8458 91 00 -- Numerically controlled u 7.5% 8458 99 -- _Other_ : 8458 99 10 --- Automatic, multi-spindle bar u 7.5% 8458 99 20 --- Automatic, multi-spindle chucking u 7.5% --- _Capstans,_ _turrets,_ _capstan_ _and_ _turret_ _combination,_ _coping,_ _multi_ _tool_ _and_ _production lathes :_ 8458 99 31 ---- Capstans lathes u 7.5% 8458 99 32 ---- Turrets lathes u 7.5% 8458 99 33 ---- Capstan and turret combination lathes u 7.5% 8458 99 34 ---- Copying lathes u 7.5% 8458 99 35 ---- Multi-tool and production lathes u 7.5% --- _Crankshaft, relieving, wheel and axle lathes :_ 8458 99 41 ---- Crankshaft lathes u 7.5% 8458 99 42 ---- Relieving lathes u 7.5% 8458 99 43 ---- Wheel and axle lathes u 7.5% --- _Centre lathes:_ 8458 99 51 ---- Tool-room type u 7.5% 8458 99 59 ---- Other u 7.5% 8458 99 90 --- Other u 7.5% **8459** **MACHINE-TOOLS** **(INCLUDING** **WAY-TYPE** **UNIT** **HEAD** **MACHINES)** **FOR DRILLING,** **BORING,** **MILLING,** **TREADING** **OR TAPPING BY REMOVING METAL, OTHER** **THAN** **LATHES** **(INCLUDING** **TURNING** **CENTRES)** **OF** **HEADING** **8458** 8459 10 00 - Way-type unit head machines u 7.5% - _Other drilling machines :_ 8459 21 00 -- Numerically controlled u 7.5% 8459 29 -- _Other_ : 8459 29 10 --- Bench and pillar u 7.5% ----- **SECTION-XVI** **CHAPTER-84** **(1)** **(2)** **(3)** **(4)** **(5)** 8459 29 20 --- Pillar or columns, multi-spindle u 7.5% 8459 29 30 --- Radial u 7.5% 8459 29 40 --- Deep hole u 7.5% 8459 29 50 --- Multi head drilling machines u 7.5% 8459 29 90 --- Other u 7.5% - _Other_ _boring-milling_ _machines:_ 8459 31 00 -- Numerically controlled u 7.5% 8459 39 -- _Other_ : 8459 39 10 --- Vertical turning or boring u 7.5% 8459 39 90 --- Other u 7.5% - _Other boring machines :_ 8459 41 -- _Numerically controlled:_ 8459 41 10 --- Jig boring machines, horizontal u 7.5% 8459 41 20 --- Fine boring machines, horizontal u 7.5% 8459 41 30 --- Fine boring machines, vertical u 7.5% 8459 41 90 --- Other u 7.5% 8459 49 -- _Other:_ 8459 49 10 --- Jig boring machines, horizontal u 7.5% 8459 49 20 --- Fine boring machines, horizontal u 7.5% 8459 49 30 --- Fine boring machines, vertical u 7.5% 8459 49 90 --- Other u 7.5% - _Milling machine, knee type :_ 8459 51 -- _Numerically controlled:_ 8459 51 10 --- Horizontal u 7.5% 8459 51 20 --- Vertical u 7.5% 8459 51 30 --- Universal u 7.5% 8459 51 90 --- Other u 7.5% 8459 59 -- _Other_ : 8459 59 10 --- Horizontal u 7.5% 8459 59 20 --- Vertical u 7.5% 8459 59 30 --- Universal u 7.5% 8459 59 40 --- Ram type u 7.5% 8459 59 50 --- Die-sinking or pantograph u 7.5% 8459 59 90 --- Other u 7.5% - _Other milling machines:_ 8459 61 -- _Numerically controlled:_ 8459 61 10 --- Piano milling u 7.5% 8459 61 90 --- Other u 7.5% 8459 69 -- _Other_ : 8459 69 10 --- Bed type, horizontal u 7.5% 8459 69 20 --- Bed type, vertical u 7.5% 8459 69 30 --- Piano milling, single column u 7.5% 8459 69 40 --- Piano milling, double column u 7.5% 8459 69 90 --- Other u 7.5% 8459 70 - _Other threading or tapping machines :_ 8459 70 10 --- Threading machines u 7.5% ----- **SECTION-XVI** **CHAPTER-84** **(1)** **(2)** **(3)** **(4)** **(5)** 8459 70 20 --- Tapping machines u 7.5% **8460** **MACHINE-TOOLS** **FOR** **DEBURRING,** **SHARPENING,** **G RIN DI NG,** **HO N ING,** **LA P P IN G,** **P OL IS H IN G O R** **OTHERWISE FINISHING** **METAL,** **OR** **CERMETS BY** **M EA NS OF GR IND IN G S TON ES** **,** **A BRA SI VES O R** **POLISHING PRODUCTS,** **OTHER THAN GEAR CUTTING,** **GEAR GRINDING OR GEAR FINISHING MACHINES OF** **HEADING 8461** - _Flat-surface_ _grinding_ _machines:_ 8460 12 00 -- Numerically controlled u 7.5% 8460 19 00 8460 22 00 - - Other _Other_ _grinding_ _machines:_ Centreless grinding machines, numerically controlled u u 7.5% 7.5% 8460 23 00 -- Other cylindrical grinding machines, numerically u 7.5% u 8460 24 00 - controlled Other, numerically controlled 7.5% 8460 29 -- _Other:_ 8460 29 10 --- Cylindrical grinders u 7.5% 8460 29 20 --- Internal grinders u 7.5% 8460 29 30 --- Centreless grinders u 7.5% 8460 29 40 --- Profile grinders u 7.5% 8460 29 90 8460 31 00 -- - Other _Sharpening_ _(tool_ _or_ _cutter_ _grinding) machines_ _:_ Numerically controlled u u 7.5% 7.5% 8460 39 -- _Other_ : 8460 39 10 --- Grinder, tool or cutter u 7.5% 8460 39 90 --- Other u 7.5% 8460 40 8460 40 11 -- --- _Honing or lapping machines :_ _Honing machines :_ Vertical, single spindle u 7.5% 8460 40 12 ---- Vertical, multi-spindle u 7.5% 8460 40 13 ---- Horizontal u 7.5% 8460 40 19 ---- Other u 7.5% 8460 40 20 --- Lapping machines u 7.5% 8460 90 - _Other_ : 8460 90 10 --- Polishing and buffing machines u 7.5% 8460 90 90 --- Other u 7.5% **8461** **MACHINE-TOOLS FOR PLANING, SHAPING, SLOTTING,** **BROACHING, GEAR CUTTING, GEAR GRINDING OR GEAR** **FINISHING, SAWING, CUTTING-OFF AND OTHER** **MACHINE** **TOOLS** **WORKING** **BY** **REMOVING** **METAL,** **OR** **CERMETS,** **NOT ELSEWHERE SPECIFIED OR INCLUDED** ----- **SECTION-XVI** **CHAPTER-84** **(1)** **(2)** **(3)** **(4)** **(5)** 8461 20 - _Shaping or slotting machines :_ --- _Shaping machines_ _:_ 8461 20 11 ---- Die and punch shaping machines u 7.5% 8461 20 19 ---- Other u 7.5% 8461 20 20 --- Slotting machines u 7.5% 8461 30 - _Broaching machines :_ 8461 30 10 --- Vertical u 7.5% 8461 30 20 --- Horizontal u 7.5% 8461 30 90 --- Other u 7.5% 8461 40 - _Gear cutting, gear grinding or gear finishing_ _machines :_ --- _Gear cutting machines :_ 8461 40 11 ---- Bevel gear cutting u 7.5% 8461 40 12 ---- Gear cutting spiral bevel and /or hypoid u 7.5% 8461 40 13 ---- Gear slotter or planar formed cutter type u 7.5% 8461 40 14 ---- Gear milling formed disc cutter type u 7.5% 8461 40 19 ---- Other u 7.5% --- _Gear grinding or gear finishing machines :_ 8461 40 21 ---- Single or double wheel disc type gear grinder u 7.5% 8461 40 22 ---- Formed wheel gear grinder u 7.5% 8461 40 23 ---- Gear shaver u 7.5% 8461 40 24 ---- Gear tooth, rounding, chamfering or burring u 7.5% 8461 40 25 ---- Gear shaper, spur and helical u 7.5% 8461 40 26 ---- Gear hobber, spur and helical u 7.5% 8461 40 29 ---- Other u 7.5% 8461 50 - _Sawing or cutting-off machines :_ --- _Sawing machines :_ 8461 50 11 ---- Band saw, horizontal u 7.5% 8461 50 12 ---- Band saw, vertical u 7.5% 8461 50 13 ---- Circular saw, cold u 7.5% 8461 50 14 ---- Circular saw, hot u 7.5% 8461 50 15 ---- Hack saw u 7.5% 8461 50 19 ---- Other u 7.5% --- _Cutting-off_ _machines_ _:_ 8461 50 21 ---- Abrasive wheel cutting-off machines u 7.5% 8461 50 29 ---- Other u 7.5% 8461 90 00 - Other u 7.5% **8462** **MACHINE-TOOLS (INCLUDING PRESSES) FOR WORKING** **METAL BY FORGING, HAMMERING OR DIE FORGING** **(EXCLUDING** **ROLLING** **MILLS);** **MACHINE-TOOLS** **(INCLUDING PRESSES, SLITTING LINES AND CUT-TO** **LENGTH LINES) FOR WORKING METAL BY BENDING,** **FOLDING,** **STRAIGHTENING,** **FLATTENING,** **SHEARING,** **PUNCHING, NOTCHING OR NIBBLING (EXCLUDING DRAW-** **BENCHES); PRESSES FOR WORKING METAL OR METAL** **CARBIDES, NOT SPECIFIED ABOVE** ----- **SECTION-XVI** **CHAPTER-84** **(1)** **(2)** **(3)** **(4)** **(5)** - _Hot forming machines for forging, die forging_ (including presses) and hot hammers: 8462 11 00 -- Closed die forging machines u 7.5% 8462 19 00 -- Other u 7.5% - _Bending,_ _folding,_ _straightening_ _or_ _flattening_ _machines (including press brakes) for flat products:_ 8462 22 00 -- Profile forming machines u 7.5% 8462 23 00 -- Numerically controlled press brakes u 7.5% 8462 24 00 -- Numerically controlled panel benders u 7.5% 8462 25 00 -- Numerically controlled roll forming machines u 7.5% 8462 26 00 -- Other numerically controlled bending, folding, u 7.5% straightening or flattening machines 8462 29 00 -- Other u 7.5% - _Slitting lines, cut-to-length lines and other shearing_ _machines (excluding presses) for flat products, other_ _than combined punching and shearing machines:_ 8462 32 00 -- Slitting lines and cut-to-length lines u 7.5% 8462 33 00 -- Numerically controlled shearing machines u 7.5% 8462 39 00 -- _Other_ u 7.5% - _Punching, notching or nibbling machines (excluding_ _presses)_ _for flat products including combined_ _punching and shearing machines:_ 8462 42 00 -- Numerically controlled u 7.5% 8462 49 00 -- Other u 7.5% - _Machines for working tube, pipe, hollow section and_ _bar (excluding presses):_ 8462 51 00 -- Numerically controlled u 7.5% 8462 59 00 -- Other u 7.5% - _Cold metal working presses:_ 8462 61 00 -- Hydraulic presses u 7.5% 8462 62 00 -- Mechanical presses u 7.5% 8462 63 00 -- Servo-presses u 7.5% 8462 69 00 -- Other u 7.5% 8462 90 00 - Other u 7.5% **8463** **OTHER** **MACHINE-TOOLS** **FOR** **WORKING** **METAL,** **OR** **CERMETS, WITHOUT REMOVING MATERIAL** 8463 10 - _Draw-benches for bars, tubes, profiles, wire_ u 8463 10 10 -- _or the like:_ Wire and metal ribbon drawing machines 7.5% 8463 10 20 --- Other wire making machines u 7.5% 8463 10 30 --- Tube drawing machine u 7.5% 8463 10 90 --- Other u 7.5% 8463 20 00 - Thread rolling machines u 7.5% 8463 30 - _Machines for working wire:_ 8463 30 10 --- Wire grill or Knitting machine u 7.5% 8463 30 20 --- Spring coiling u 7.5% 8463 30 30 --- Chain making u 7.5% 8463 30 40 --- Nail-making machine u 7.5% 8463 90 - _Other:_ 8463 90 10 --- Riveting machines (excluding portable hand u 7.5% d hi ) ----- 8463 90 30 --- Seaming machine for example for cans u 7.5% 8463 90 90 --- Other u 7.5% **8464** **MACHINE-TOOLS** **FOR** **WORKING** **STONE,** **CERAMICS** **CONCRETE,** **ASBESTOS-CEMENT** **OR LIKE** **MINERAL** **MATERIALS OR FOR COLD WORKING GLASS** 8464 10 - _Sawing machine:_ 8464 10 10 --- Granite cutting machines or equipment u 7.5% 8464 10 90 --- Other u 7.5% 8464 20 00 - Grinding or polishing machines u 7.5% 8464 90 00 - Other u 7.5% **8465** **MACH INE-TOOLS** **(INCL UDING** **M ACHINES** **F OR** **NAILING,** **STAPLING,** **GLUEING** **OR** **OTHERWISE** **ASSEMBLING)** **FOR WORKING WOOD,** **CORK,** **BONE,** **HARD** **RUBBER,** **HARD** **PLASTICS** **OR** **SIMILAR** **HARD MATERIALS** 8465 10 00 - Machines which can carry out different types of u 7.5% machining operations without tool change between such operations 8465 20 00 - Machining centres u 7.5% - _Other :_ 8465 91 00 -- Sawing machines u 7.5% 8465 92 00 -- Planing, milling or moulding (by cutting) machines u 7.5% 8465 93 00 -- Grinding, sanding or polishing machines u 7.5% 8465 94 00 -- Bending or assembling machines u 7.5% 8465 95 00 -- Drilling or morticing machines u 7.5% 8465 96 00 -- Splitting, slicing or paring machines u 7.5% 8465 99 -- _Other_ : 8465 99 10 --- Lathes u 7.5% 8465 99 90 --- Other u 7.5% **8466** **PARTS AND ACCESSORIES SUITABLE FOR USE SOLELY OR** **PRINCIPALLY WITH THE MACHINES OF HEADINGS8456** **TO 8465 INCLUDING WORK OR TOOL HOLDERS, SELF-** **OPENING DIEHEADS,** **DIVIDING HEADS AND OTHER SPECIAL** **ATTACHM** **ENTS** **FOR** **THE** **MACHINES;** **TOOL** **HOLDERS** **FOR** **ANY TYPE OF TOOL, FOR WORKING IN THE HAND** 8466 10 - _Tool holders_ _and self-opening dieheads:_ 8466 10 10 --- Tool holders u 7.5% 8466 10 20 --- Self-opening dieheads u 7.5% 8466 20 00 - Work holders u 7.5% 8466 30 8466 30 10 -- _Dividing heads and other special attachments_ _for machines :_ Chucks u 7.5% 8466 30 20 --- Jigs and fixtures u 7.5% 8466 30 90 --- Other u 7.5% - _Other_ : 8466 91 00 -- For machines of heading 8464 u 7.5% 8466 92 00 -- For machines of heading 8465 u 7.5% 8466 93 -- _For machines of headings 8456 to 8461:_ 8466 93 10 --- Parts and accessories of machine tools, for u 7.5% ----- 8466 94 00 -- For machines of heading 8462 or 8463 u 7.5% **8467** **TOOLS FOR WORKING IN THE HAND, PNEUMATIC,** **HYDRAULIC OR WITH SELF- CONTAINED ELECTRIC OR** **NON-ELECTRIC MOTOR** - _Pneumatic :_ 8467 11 -- _Rotary type (including combined rotary percussion) :_ 8467 11 10 --- Drills u 7.5% 8467 11 20 --- Hammers u 7.5% 8467 11 90 --- Other u 7.5% 8467 19 00 8467 21 00 - - Other _With_ _self-contained_ _electric_ _motor:_ Drills of all kinds u u 7.5% 7.5% 8467 22 00 -- Saws u 7.5% 8467 29 00 8467 81 00 - - Other _Other tools :_ Chain saws 7.5% 7.5% 7.5% 7.5% 7.5% 7.5% 8467 89 -- _Other_ : 8467 89 10 8467 89 20 8467 89 90 8467 91 00 -- -- -- - Compressed air grease guns, lubricators and similar appliances Vibrators Other _Parts :_ Of chain saws u u u u u kg. 8467 92 00 -- Of pneumatic tools kg. 7.5% 8467 99 00 -- Other kg. 7.5% **8468** **MACHINERY AND APPARATUS FOR SOLDERING, BRAZING** **OR WELDING, WHETHER OR NOT CAPABLE OF** **CUTTING, OTHER THAN THOSE OF HEADING 8512.5;** **GAS-** **OPERATED SURFACE TEMPERING MACHINES AND** **APPLIANCES** 8468 10 00 - Hand-held blow pipes u 7.5% 8468 20 - _Other_ _gas-operated_ _machinery_ _and_ _apparatus:_ 8468 20 10 --- Welding or cutting machines u 7.5% 8468 20 90 --- Other u 7.5% 8468 80 00 - Other machinery and apparatus u 7.5% 8468 90 00 - Parts kg. 7.5% **8470** **CALCULATING MACHINES AND POCKET-SIZE DATA** **R EC OR DI NG, R EP RO DUC I NG** **A ND** **D IS P L AYI NG** **M A CHI N ES W IT H** **C AL CUL AT IN G** **F U NC T ION S ;** **A CCO** **UNT** **I** **NG** **M** **AC HI** **NE S,** **P** **O STA** **GE - F** **RA NK IN G** **MACHINES,** **TICKET-ISSUING MACHINES AND SIMILAR** ----- **SECTION-XVI** **CHAPTER-84** **(1)** **(2)** **(3)** **(4)** **(5)** **MACHINES,** **INCORPORATING A CALCULATING DEVICE;** **CASH REGISTERS** 8470 10 00 - Electronic calculators capable of operation without u Free an external source of electric power and pocket size data recording, reproducing and displaying machines with calculating functions - _Other_ _electronic calculating_ _machines:_ 8470 21 00 -- Incorporating a printing device u Free 8470 29 00 -- Other u Free 8470 30 00 - Other calculating machines u Free 8470 50 - _Cash registers :_ 8470 50 10 --- Electrically operated u Free 8470 50 20 --- Manually operated u Free 8470 90 - _Other :_ 8470 90 10 --- Electrically operated u Free 8470 90 20 --- Manually operated u Free **8471** **AUTOMATIC** **DATA** **PROCESSING** **MACHINES** **AND** **UNITS** **T H ERE O F ;** **M AG NE T I C O R O P T ICA L R EA DE RS,** **MACHINES FOR TRANSCRIBING DATA ON TO DATA MEDIA** **IN CODED FORM AND MACHINES FOR PROCESSING SUCH** **DATA,** **NOT ELSEWHERE SPECIFIED OR INCLUDED** 8471 30 - _Portable automatic data processing machines,_ _weighing not more than 10 kg,_ _consisting of_ _at least_ _a central_ _processing unit,_ _a keyboard_ _and a display:_ 8471 30 10 --- Personal computer u Free 8471 30 90 --- Other u Free - _Other automatic data processing machines :_ 8471 41 -- _Comprising_ _in the same_ _housing_ _at least a_ _central_ _processingunit_ _and_ _an input_ _and_ _output unit, whether or not combined :_ 8471 41 10 --- Micro computer u Free 8471 41 20 --- Large or main frame computer u Free 8471 41 90 --- Other u Free 8471 49 00 -- Presented in the form of systems u Free 8471 50 00 - Processing units other than those of sub-headings u Free 8471 41or 8471 49, whether or not containing in the same housing one or two of the following types of unit: storage units, input units, output units 8471 60 - _Input or output units, whether or not_ _containing storage units in the same housing:_ 8471 60 10 --- Combined input or output units u Free --- _Printer:_ 8471 60 24 ---- Graphic printer u Free ----- **SECTION-XVI** **CHAPTER-84** **(1)** **(2)** **(3)** **(4)** **(5)** 8471 60 25 ---- Plotter u Free 8471 60 29 ---- Other u Free 8471 60 40 --- Keyboard u Free 8471 60 50 --- Scanners u Free 8471 60 60 --- Mouse u Free 8471 60 90 --- Other u Free 8471 70 - _Storage units :_ 8471 70 10 --- Floppy disc drives u Free 8471 70 20 --- Hard disc drives u Free 8471 70 30 --- Removable or exchangeable disc drives u Free 8471 70 40 --- Magnetic tape drives u Free 8471 70 50 --- Cartridge tape drive u Free 8471 70 60 --- CD-ROM drive u Free 8471 70 70 --- Digital video disc drive u Free 8471 70 90 --- Other u Free 8471 80 00 - Other units of automatic data processing machines u Free 8471 90 00 - Other u Free **8472** **OTH ER** **OFFICE MACHINES** **( FOR EXAMPLE, HECTOGRAPH** **OR STENCIL DUPLICATING MACHINES, ADDRESSING** **MACHINES, AUTOMATIC BANKNOTE DISPENSERS,** **COIN** **SORTING MACHINES, COIN COUNTING OR WRAPPING** **MACHINES,** **PENCIL** **SHARPENING** **MACHINES,** **PERFORATING OR STAPLING MACHINES)** 8472 10 00 - Duplicating machines u 7.5% 8472 30 00 - Machines for sorting or folding mail or for u 7.5% inserting mail in envelopes or bands, machines for opening, closing or sealing mail and machines for affixing or cancelling postage stamps 8472 90 - _Other_ : 8472 90 10 --- Stapling machines (staplers) u 10% 8472 90 20 --- Digital duplicator u 7.5% 8472 90 30 --- Automatic bank note dispensers u 7.5% 8472 90 40 --- Coin sorting machines, coin-counting or wrapping u 7.5% machines --- _Other:_ 8472 90 91 ---- Word-processing machines u free 8472 90 92 ---- Automatic typewriters u 10% 8472 90 93 ---- Braille typewriters, electric u 7.5% 8472 90 94 ---- Braille typewriters, non-electric u 7.5% 8472 90 95 ---- Other typewriters, electric or non-electric u 10% 8472 90 99 ---- Other u 7.5% **8473** **PARTS** **AND** **ACCESSORIES** **(OTHER** **THAN** **COVERS,** **CARRYING CASES AND THE LIKE)** **SUITABLE FOR USE** **SOLELY** **O R P RINCIPAL LY WI TH MAC HINES OF** **HEADINGS** **8470** **TO** **8472** ----- **SECTION-XVI** **CHAPTER-84** **(1)** **(2)** **(3)** **(4)** **(5)** _Parts and accessories of the machines_ _of heading 8470:_ Of the electronic calculating machines of sub-heading 8470 10, 8470 21 or 8471 29 Other _Parts and accessories of the machines_ _of heading 8471:_ Microprocessors kg. kg. u 8473 21 00 8473 29 00 8473 30 8473 30 10 - - -- Free Free Free 8473 30 20 --- Motherboards u Free 8473 30 30 --- Other mounted printed circuit boards u Free 8473 30 40 --- Head stack u Free --- _Other :_ 8473 30 91 ---- Network access controllers u Free 8473 30 92 ---- Graphic and intelligence based script technology u Free (GIST) cards for multilingual computers 8473 30 99 ---- Other u Free 8473 40 - _Parts and accessories of the machines_ _of heading 8472:_ 8473 40 10 --- Parts of duplicating, hectograph or stencil u 7.5% machines 8473 40 90 --- Other u 7.5% 8473 50 00 - Parts and accessories equally suitable for use with u Free machines of two or more of the headings 8470 to 8472 **8474** **MACHINERY FOR SORTING, SCREENING, SEPARATING,** **WASHING, CRUSHING, GRINDING, MIXING OR KNEADING** **E AR T H,** **S T O NE,** **O RE S** **O R O T HE R** **M IN ER A L** **SUBSTANCES, IN SOLID (INCLUDING POWDER OR PASTE)** **FORM; MACHINERY FOR AGGLOMERATING,** **SHAPING** **OR MOULDING SOLID MINERAL FUELS, CERAMIC** **PA S TE, U NH ARD E NE D C EM E N T S, P L A ST ERI NG** **MATERIALS OR OTHER MINERAL PRODUCTS IN POWDER** **OR PASTE FORM;** **MACHINES FOR FORMING FOUNDRY** **MOULDS OF SAND** 8474 10 - Sorting, screening, separating or washing _machines :_ 8474 10 10 --- For coal u 7.5% 8474 10 90 --- Other u 7.5% 8474 20 - _Crushing or grinding machines:_ 8473 30 40 8473 30 91 8473 30 92 8473 30 99 8473 40 8473 40 10 8473 40 90 ---- --- --- --- -- -- 8474 20 10 --- For stone and mineral u 7.5% 8474 20 20 --- For coal u 7.5% 8474 20 90 --- Other u 7.5% ----- **SECTION-XVI** **CHAPTER-84** **(1)** **(2)** **(3)** **(4)** **(5)** - _Mixing_ _or_ _kneading_ _machines:_ 8474 31 -- _Concrete or mortar mixers :_ 8474 31 10 --- Concrete mixers u 7.5% 8474 31 20 --- Mortar mixers u 7.5% 8474 32 00 -- Machines for mixing mineral substances with u 7.5% bitumen 8474 39 00 -- Other u 7.5% 8474 80 - _Other_ _machinery:_ 8474 80 10 --- Brick and tile making machinery u 7.5% 8474 80 20 --- Ceramic and clay making machinery u 7.5% 8474 80 30 --- Machinery for forming foundry moulds of sand u 7.5% 8474 80 90 --- Other u 7.5% 8474 90 00 - Parts kg. 7.5% **8475** **MACHINES** **FOR** **ASSEMBLING** **ELECTRIC** **OR ELECTRONIC** **LAMPS,** **TUBES** **OR VALVES** **OR FLASH-BULBS, IN** **GLASS** **ENVELOPES;** **MACHINES OR MANUFACTURING OR** **HOT WORKING** **GLASS** **ORGLASSWARE** 8475 10 00 - Machines for assembling electric or electronic lamps, u 7.5% tubes or valves or flash-bulbs, in glass envelopes - _Machines_ _for_ _manufacturing_ _or_ _hot_ _working_ _glass or glassware:_ 8475 21 00 -- Machines for making optical fibres and preforms u 7.5% thereof 8475 29 00 -- Other u 7.5% 8475 90 00 - Parts kg. 7.5% **8476** **AUTOMATIC GOODS-VENDING MACHINES** **(FOR** **EXAMPLE, POSTAGE STAMPS, CIGARETTE, FOOD OR** **BEVERAGE** **MACHINES),** **INCLUDING** **MONEY** **CHANGING** **MACHINES** - _Automatic beverage-vending machines:_ 8476 21 -- _Incorporating heating or refrigerating devices:_ 8476 21 10 --- Incorporating refrigerating devices u 7.5% 8476 21 20 --- Incorporating heating devices u 7.5% 8476 29 00 -- Other u 7.5% - _Other machines_ _:_ 8476 81 -- _Incorporating_ _heating or_ _refrigerating_ _devices:_ 8476 81 10 --- Incorporating refrigerating devices u 7.5% 8476 81 20 --- Incorporating heating devices u 7.5% 8476 89 -- _Other_ : 8476 89 10 --- Money changing machines u 7.5% 8476 89 20 --- Postage stamps vending machines u 7.5% 8476 89 30 --- Cigarette vending machines u 7.5% 8476 89 90 --- Other u 7.5% ----- **SECTION-XVI** **CHAPTER-84** **(1)** **(2)** **(3)** **(4)** **(5)** 8476 90 - _Parts :_ 8476 90 10 --- Of machines of Sub-heading 8476 21 kg. 7.5% 8476 90 90 --- Other kg. 7.5% **8477** **MACHINERY** **FOR** **WORKING** **RUBBER** **OR** **PLASTICS** **OR** **FOR THE** **MANUFACTURE OF PRODUCTS** **FROM** **THESE MATERIALS,** **NOT SPECIFIED OR INCLUDED** **ELSEWHERE** **IN** **THIS** **CHAPTER** 8477 10 00 - Injection-moulding machines u 7.5% 8477 20 00 - Extruders u 7.5% 8477 30 00 - Blow moulding machines u 7.5% 8477 40 00 - Vacuummouldingmachinesand other thermoforming u 7.5% machines - _Other machinery for moulding or otherwise forming:_ 8477 51 00 -- For moulding or retreading pneumatic tyres or for u 7.5% moulding or otherwise forming inner tubes 8477 59 00 -- Other u 7.5% 8477 80 - _Other machinery :_ 8477 80 10 --- Machinery for making rubber goods u 7.5% 8477 80 90 --- Other u 7.5% 8477 90 00 - Parts kg. 7.5% **8478** **MACHINERY** **FOR** **PREPARING OR MAKING UP** **TOBACCO,** **NOT** **SPECIFIED** **OR** **INCLUDED** **ELSEWHERE** **IN** **THIS** **CHAPTER** 8478 10 - _Machinery_ _:_ 8478 10 10 --- Cigar making machinery u 7.5% 8478 10 20 --- Cigarette making machinery u 7.5% 8478 10 90 --- Other u 7.5% 8478 90 00 - Parts kg. 7.5% **8479** **MACHINES** **AND** **MECHANICAL** **APPLIANCES** **HAVING** **INDIVIDUAL FUNCTIONS, NOT SPECIFIED OR INCLUDED** **ELSEWHERE** **IN** **THIS** **CHAPTER** 8479 10 00 - Machineryforpublicworks, building or the like u 7.5% 8479 20 - _Machinery for the extraction or preparation of_ _animal or fixed vegetable or microbial fats or oils:_ 8479 20 10 --- Oil-seed crushing or grinding machinery including u 7.5% purifying tanks 8479 20 90 --- Other u 7.5% 8479 30 00 - Presses for the manufacture of particle board or u 7.5% fibre building board of wood or other ligneous materials and other machinery for treating wood or cork 8479 40 00 - Rope or cable-making machines u 7.5% ----- **SECTION-XVI** **CHAPTER-84** **(1)** **(2)** **(3)** **(4)** **(5)** 8479 50 00 - Industrial robots, not elsewhere specified or u 7.5% included 8479 60 00 - Evaporative air coolers u 7.5% - _Passanger_ _boarding_ _bridges_ _:_ 8479 71 00 -- Of a kind used in airports u 7.5% 8479 79 00 -- Other u 7.5% - _Other_ _machines_ _and_ _mechanical_ _appliances:_ 8479 81 00 -- For treating metal, including electric wire u 7.5% coil-winders 8479 82 00 -- Mixing, kneading, crushing, grinding, screening, u 7.5% sifting, homogenising, emulsifying or stirring machines 8479 83 00 -- Cold isostatic presses u 7.5% 8479 89 -- _Other_ : 8479 89 10 --- Soap cutting or moulding machinery u 7.5% 8479 89 20 --- Air humidifiers or dehumidifiers (other than those u 7.5% falling under heading 8412.5 or 8424) 8479 89 30 --- Mechanical shifting machines u 7.5% 8479 89 40 --- Ultrasonic transducers u 7.5% 8479 89 50 --- Car washing machines and related appliances u 7.5% 8479 89 60 --- Coke oven plants u 7.5% 8479 89 70 --- Machinery for the manufacture of chemical and u 7.5% pharmaceuticals goods --- _Other :_ 8479 89 92 ---- Briquetting plant and machinery intended for u 7.5% Manufacture of briquettes from agricultural and municipal waste 8479 89 99 ---- Other u 7.5% 8479 90 - _Parts :_ 8479 90 10 --- Of machines for public works, building or the like kg. 7.5% 8479 90 20 --- Of machines for the extraction of animal or fruit kg. 7.5% and vegetable fats or oil 8479 90 30 --- Of machines and mechanical appliances for kg. 7.5% treating wood 8479 90 40 --- Of machinery used for manufacture of chemicals kg. 7.5% and pharmaceuticals 8479 90 90 --- Other kg. 7.5% **8480** **MOULDING BOXES FOR METAL FOUNDRY: MOULD BASES;** **MOULDING PATTERNS;** **MOULDS FOR METAL(OTHER** **THAN INGOT MOULDS),** **METAL CARBIDES, GLASS,** **MINERAL MATERIALS,** **RUBBER OR PLASTICS** 8480 10 00 - Moulding boxes for metal foundry 8480 20 00 - Mould bases kg. 7.5% 8480 30 00 - Moulding patterns kg. 7.5% - _Moulds for metal or metal carbides :_ kg. 7.5% 8480 41 00 -- Injection or compression types kg. 7.5% ----- **SECTION-XVI** **CHAPTER-84** **(1)** **(2)** **(3)** **(4)** **(5)** 8480 49 00 -- Other kg. 7.5% 8480 50 00 - Moulds for glass kg. 7.5% 8480 60 00 8480 71 00 - Moulds for mineral materials _Moulds for rubber or plastics :_ Injection or compression types kg. kg. 7.5% 7.5% 8480 79 00 -- Other kg. 7.5% **8481** **TAPS,** **COCKS,** **VALVES** **AND** **SIMILAR** **APPLIANCES** **FOR** **PIPES,** **BOILER** **SHELLS,** **TANKS,** **VATS** **OR** **THE** **LIKE,** **INCLUDING** **PRESSURE-REDUCING** **VALVES** **AND** **THERMOSTATICALLY CONTROLLED VALVES** 8481 10 00 - Pressure-reducing valves kg. 7.5% 8481 20 00 - Valves for oleohydraulic or pneumatic kg. 7.5% 8481 30 00 transmissions Check (non-return) valves kg. 7.5% 8481 40 00 - Safety or relief valves kg. 7.5% 8481 80 - _Other appliances :_ 8481 80 10 --- Taps, cocks and similar appliances of iron or steel kg. 7.5% 8481 80 20 --- Taps, cocks and similar appliances of non- ferrous kg. 7.5% 8481 80 30 -- -- metal Industrial valves (excluding pressure-reducing valves, and thermostatically controlled valves) _Inner tube valves :_ kg. 7.5% 8481 80 41 ---- For bicycles kg. 7.5% 8481 80 49 ---- Other kg. 7.5% 8481 80 50 8481 80 90 -- -- Expansion valves and solenoid valves for refrigerating and air conditioning appliances and machinery Other kg. kg. 7.5% 7.5% 8481 90 - _Parts :_ 8481 90 10 --- Bicycles valves kg. 7.5% 8481 90 90 --- Other kg. 7.5% **8482** **BALL OR** **ROLLER** **BEARINGS** 8482 10 - _Ball bearings :_ --- _Adapter ball bearings (radial type) :_ 8482 10 11 ---- Not exceeding 50mm of bore diameter u 7.5% 8482 10 12 ---- Of bore diameter exceeding 50 mm but not u 7.5% exceeding 100 mm 8482 10 13 ---- Of bore diameter exceeding 100 mm u 7.5% 8482 10 20 --- Other ball bearing (radial type) of bore diameter not u 7.5% exceeding 50 mm 8482 10 30 --- Other ball bearing (radial type) of bore diameter u 7.5% exceeding 50 mm but not exceeding100 mm 8482 10 40 --- Of bore diameter exceeding 100 mm u 7.5% ----- **SECTION-XVI** **CHAPTER-84** **(1)** **(2)** **(3)** **(4)** **(5)** --- _Thrust ball bearings :_ 8482 10 51 ---- Of bore diameter not exceeding 50 mm u 7.5% 8482 10 52 ---- Of bore diameter exceeding 50 mm but not u 7.5% exceeding 100 mm 8482 10 53 ---- Of bore diameter exceeding 100 mm u 7.5% 8482 10 90 --- Other u 7.5% 8482 20 - _Tapered_ _roller_ _bearings,_ _including_ _cone_ _and_ _tapered roller assemblies :_ --- _Tapered roller bearings (radial type) :_ 8482 20 11 ---- Of bore diameter not exceeding 50 mm u 7.5% 8482 20 12 ---- Of bore diameter exceeding 50 mm but not exceeding u 7.5% 100 mm 8482 20 13 ---- Of bore diameter exceeding 100 mm u 7.5% 8482 20 90 --- Other u 7.5% 8482 30 00 - Spherical roller bearings u 7.5% 8482 40 00 - Needle roller bearings, including cage and needle u 7.5% roller assemblies 8482 50 00 - Other cylindrical roller bearings, including cage and u 7.5% roller assemblies --- _Radial type :_ 8482 80 00 - Other, including combined ball or roller bearings u 7.5% - _Parts:_ 8482 91 -- _Balls, needles and rollers :_ --- _Balls :_ 8482 91 11 ---- Of nickel alloys kg. 7.5% 8482 91 12 ---- Of tungsten carbide kg. 7.5% 8482 91 13 ---- Of special stainless steel kg. 7.5% 8482 91 14 ---- Of high speed steel kg. 7.5% 8482 91 19 ---- Other kg. 7.5% 8482 91 20 --- Needles kg. 7.5% 8482 91 30 --- Rollers kg. 7.5% 8482 99 00 -- Other kg. 7.5% **8483** **TRANSMISSION** **SHAFTS** **(INCLUDING** **CAM** **SHAFTS** **AND** **CRANK SHAFTS) AND CRANKS; BEARING HOUSINGS AND** **PLAIN SHAFT BEARINGS;** **GEARS AND GEARING;** **BALL** **OR ROLLER SCREWS;** **GEAR BOXES AND OTHER SPEED** **CHANGERS,** **INCLUDING TORQUE CONVERTERS;** **FLYWHEELS AND PULLEYS,** **INCLUDING PULLEY** **BLOCKS ; CLUTCHES AND SHAFT COUPLINGS (INCLUDING** **UNIVERSAL JOINTS)** ----- **SECTION-XVI** **CHAPTER-84** **(1)** **(2)** **(3)** **(4)** **(5)** 8483 10 - _Transmission shafts (including cam shafts and_ _crank shafts) and cranks :_ 8483 10 10 --- Crank shafts for sewing machines u 7.5% --- _Other :_ 8483 10 91 ---- Crank shaft for engines of heading 8407 u 15% 8483 10 92 ---- Crank shaft for engines of heading 8408 u 15% 8483 10 99 ---- Other u 7.5% 8483 20 00 - Bearing housings, incorporating ball or roller u 7.5% bearings 8483 30 00 - Bearing housings, not incorporating ball or roller u 7.5% bearings; plain shaft bearings 8483 40 00 - Gears and gearing, other than toothed wheels, chain u 7.5% spro ckets and other transmission elements presented separately; ball or roller screws; gear boxes and other speed changers, including torque converters 8483 50 - _Flywheels_ _and_ _pulleys,_ _including_ _pulley_ _blocks:_ 8483 50 10 --- Pulleys, power transmission u 7.5% 8483 50 90 --- Other u 7.5% 8483 60 - _Clutches_ _and_ _shaft_ _couplings_ _(including_ _universal joints):_ 8483 60 10 --- Flexible coupling u 7.5% 8483 60 20 --- Fluid coupling u 7.5% 8483 60 90 --- Other u 7.5% 8483 90 00 - Toothed wheels, chain sprockets and other u 7.5% transmission elements presented separately; parts **8484** **GASKETS** **AND** **SIMILAR** **JOINTS** **OF** **METAL** **SHEETING** **COMBINED WITH OTHER MATERIAL OR OF TWO OR** **MORE LAYERS OF METAL;** **SETS OR ASSORTMENTS OF** **GASKETS** **AND** **SIMILAR** **JOINTS,** **DISSIMILAR** **IN** **COMPOSITION,** **PUT UP IN POUCHES,** **ENVELOPES OR** **SIMILAR PACKINGS; MECHANICAL SEALS** 8484 10 - _Gaskets_ _and_ _similar_ _joints_ _of_ _metal_ _sheeting_ _combined with other material or of two or more_ _layers of metal :_ 8484 10 10 --- Asbestos metallic packings and gaskets (excluding kg. 7.5% gaskets of asbestos board reinforced with metal gauze or wire) 8484 10 90 --- Other kg. 7.5% 8484 20 00 - Mechanical seals kg. 7.5% 8484 90 00 - Other kg. 7.5% **8485** **MACHINES FOR ADDITIVE MANUFACTURING** 8485 10 00 - By metal deposit u 7.5% 8485 20 00 - By plastics or rubber deposit u 7.5% 8485 30 00 - By plaster, cement, ceramics or glass deposit u 7.5% 8485 80 00 - Other u 7.5% 8485 90 00 - Parts u 7.5% ----- **SECTION-XVI** **CHAPTER-84** **(1)** **(2)** **(3)** **(4)** **(5)** **8486** **MACHINES AND APPARATUS OF A KIND USED SOLELY** **OR PRICIPALLY FOR THE MANUFACTURE OF** **SEMICONDUCTOR** **BOULES** **OR** **WAFERS,** **SEMICONDUCTOR DEVICES, ELECTRONIC INTEGRATED** **CIRCUITS OR FLAT PANEL DISPLAYS;** **MACHINES AND** **APPARATUS SPECIFIED IN NOTE** **11(C) TO THIS** **CHAPTER; PARTS AND ACCESSORIES** 8486 10 00 - Machines and apparatus for the manufacture of boules or wafers 8486 20 00 - Machines and apparatus for the manufacture of semi-conductor devices or of electronic integrated circuits 8486 30 00 - Machines and apparatus for the manufacture of flat panel displays 8486 40 00 - Machines and apparatus specified in Note 11(c) to this Chapter u 7.5% u 7.5% u 7.5% u 7.5% 8486 90 00 - Parts and accessories kg. 7.5% **8487** **MACHINES PARTS, NOT CONTAINING ELECTRICAL** **CONNECTORS, INSULATORS, COILS, CONTACTS OR** **OTHER ELECTRICAL FEATURES, NOT SPECIFIED OR** **INCLUDED** **ELSEWHERE** **IN** **THIS** **CHAPTER** 8487 10 00 --- Ships‗ or boats‗ propellers and blades therefore u 7.5% 8487 90 00 --- Other kg. 7.5% ----- **SECTION-XVI** **CHAPTER-85** **CHAPTER** **85** **_Electrical machinery and equipment and parts thereof; sound recorders andreproducers, television_** **_image and sound recorders and reproducers, and parts and accessories of such articles_** **NOTES:** 1. This Chapter does not cover : (a) electrically warmed blankets, bed pads, foot-muffs or the like; electrically warmed clothing, footwear or ear pads or other electrically warmed articles worn on or about the person; (b) articles of glass of heading 7011; (c) machines and apparatus of heading 8486; (d) vacuum apparatus of a kind used in medical, surgical, dental or veterinary ―sciences (heading 9018);‖ or (e) electrically heated furniture of Chapter 94. 2. Headings 8501 to 8504 do not apply to goods described in headings 8511, 8512, 8540, 8541 or 8542. However, metal tank mercury arc rectifiers remain classified in heading 8504. 3. For the purposes of heading 8507, the expression "electric accumulators" includes those pre sented with ancillary components which contribute to the accumulator's function of storing and supply-ing energy or protect it from damage, such as electrical connectors, temperature control devices (for example, thermistors) and circuit protection devices. They may also include a portion of the protectivehousing of the goods in which they are to be used. 4. Heading 8509 covers only the following electro-mechanical machines of the kind commonly used for domestic purposes : (a) floor polishers, food grinders and mixers, and fruit or vegetable juice extractors, of any weight; (b) other machines provided the weight of such machines does not exceed 20 kg. The heading does not, however, apply to fans and ventilating or recycling hoods incorporating afan, whether or not fitted with filters (heading 8414), centrifugal cloths-dryers (heading 8421), dishwashing machines (heading 8422), household washing machines (heading 8450), roller or other ironing machines (heading 8420 or 8451), sewing machines (heading 8452), electric scissors (heading 8467) or to electrothermic appliances (heading 8516). **5.** For the purposes of heading 8517, the term "smartphones‖ means telephones for cellular networks, equipped with a mobile operating system designed to perform the functions of an automatic data processing machine such as downloading and running multiple applications simultaneously, including thirdparty applications, and whether or not integrating other features such as digital cameras and navigational aid systems.‗; **6.For the purposes of heading 8523 :** (a) Solid-state non-volatile storage devices‖ (for example, ―flash memory cards‖ or ―flash elec tronic storage cards‖) are storage devices with a connecting socket, comprising in the same housing one or more flash memories (for example, ―FLASH E²PROM‖) in the form of integrated circuits mounted on a printed circuit board. They may include a controller in the form of an integrated circuitand discrete passive components, such as capacitors and resistors; (b) The term ―smart cards‖ means cards which have embedded in them one or more electronic integrated circuits (a microprocessor, random access memory (RAM) or read-only memory (ROM)) in the form of chips These cards may contain contacts a magnetic stripe or an embedded antenna but do not ----- **7.** For the purposes of heading 8524, ―flat panel display modules‖ refer to devices or apparatus for the display of information, equipped at a minimum with a display screen, which are designed to be incorporated into articles of other headings prior to use. Display screens for flat panel display modules include, but are not limited to, those which are flat, curved, flexible, foldable or stretchable in form. Flat panel display modules may incorporate additional elements, including those necessary for receiving video signals and the allocation of those signals to pixels on the display. However, heading 8524 does not include display modules which are equipped with components for converting video signals (e.g., a scaler IC, decoder IC or application processer) or have otherwise assumed the character of goods of other headings. For the classification of flat panel display modules defined in this Note, heading 8524 shall take precedence over any other heading in the Nomenclature. **8.** For the purposes of heading 8534, ―printed circuits‖ are circuits obtained by forming on an insulating base, by any printing process (for example, embossing, plating-up, etching) or by the ―filmcircuit‖ technique, conductor elements, contacts or other printed components (for example, induc- tances, resistors, capacitors) alone or interconnected according to a pre-established pattern, other than elements which can produce, rectify, modulate or amplify an electrical signal (for example, semi-con-ductor elements). The expression ―printed circuits‖ does not cover circuits combined with elements other than those obtained during the printing process, nor does it cover individual, discreet resistors, capacitors or inductances. Printed circuits may, however, be fitted with non-printed connecting elements. Thin- or thick-film circuits comprising passive and active elements obtained during the same technological process are to be classified in heading 8542. **9.** For the purpose of heading 8536, ―connectors for optical fibres, optical fibre bundles or cables‖ means connectors that simply mechanically align optical fibres end to end in a digital line system. They perform no other function, such as the amplification, regeneration or modification of a signal. **10.** Heading 8537 does not include cordless infrared devices for the remote control of television receivers or other electrical equipment (heading 8543). **11.** For the purposes of heading 8539, the expression ―light-emitting diode (LED) light sources‖ covers–– (a) ―Light-emitting diode (LED) modules‖ which are electrical light sources based on light-emitting diodes (LED) arranged in electrical circuits and containing further elements like electrical, mechanical, thermal or optical elements. They also contain discrete active elements, discrete passive elements, or articles of heading 8536 or 8542 for the purposes of providing power supply or power control. Lightemitting diode (LED) modules do not have a cap designed to allow easy installation or replacement in a luminaire and ensure mechanical and electrical contact. (b) ―Light-emitting diode (LED) lamps‖ which are electrical light sources containing one or more LED modules containing further elements like electrical,mechanical, thermal or optical elements. The distinction between light-emitting diode (LED) modules and light-emitting diode (LED) lamps is that lamps have a cap designed to allow easy installation or replacement in a luminaire and ensure mechanical and electrical contact. **12.** For the purposes of headings 8541 and 8542 : _(a)_ (i) ―Semiconductor devices‖ are semiconductor devices, the operation of which depends on variations in resistivity on the application of an electric field or semiconductor-based transducers. Semiconductor devices may also include assembly of plural elements, whether or not equipped with active and passive device ancillary functions. ----- ―Semiconductor-based transducers‖ are, for the purposes of this definition, semiconductor based sensors, semiconductor-based actuators, semiconductor-based resonators and semiconductor based oscillators, which are types of discrete semiconductor-based devices, which perform an intrinsic function, which are able to convert any kind of physical or chemical phenomena or an action into an electrical signal or an electrical signal into any type of physical phenomenon or an action. All the elements in semiconductor-based transducers are indivisibly combined, and may also include necessary materials indivisibly attached, that enable their construction or function. The following expressions mean,–– (1) ―Semiconductor-based‖ means built or manufactured on a semiconductor substrate or made of semiconductor materials, manufactured by semiconductor technology, in which the semiconductor substrate or material plays a critical and unreplaceable role of transducer function and performance, and the operation of which is based on Semiconductor properties including physical, electrical, chemical and optical properties. (2) Physical or chemical phenomena‖ relate to phenomena, such as pressure, acoustic waves,acceleration, vibration, movement, orientation, strain, magnetic field strength, electric field strength,light, radioactivity, humidity, flow, chemicals concentration, etc. (3) ―Semiconductor-based sensor‖ is a type of semiconductor device, which consists of microelectronic or mechanical structures that are created in the mass or on the surface of a semiconductor and that have the function of detecting physical or chemical quantities and converting these into electric signals caused by resulting variations in electric properties or displacement of a mechanical structure. (4) ―Semiconductor-based actuator‖ is a type of semiconductor device, which consists of microelectronic or mechanical structures that are created in the mass or on the surface of a semiconductor and that have the function of converting electric signals into physical movement. (5) ―Semiconductor-based resonator‖ is a type of semiconductor device, which consists of microelectronic or mechanical structures that are created in the mass or on the surface of a semiconductor and that have the function of generating a mechanical or electrical oscillation of a predefined frequency that depends on the physical geometry of these structures in response to an external input. (6) ―Semiconductor-based oscillator‖ is a type of semiconductor device, which consists of microelectronic or mechanical structures that are created in the mass or on the surface of a semiconductor and that have the function of generating a mechanical or electrical oscillation of a predefined frequency that depends on the physical geometry of these structures. (ii ) ―Light-emitting diodes (LED)‖ are semiconductor devices based on semiconductor materials which onvert electrical energy into visible, infra-red or ultra-violet rays, whether or not electrically connected among each other and whether or not combined with protective diodes. Light Light diodes (LED) of heading 85.41 do not incorporate elements for the purposes of providing power supply or power control;‗'; _(b)_ ―Electronic integrated circuits‖ are : _(i)_ Monolithic integrated circuits in which the circuit elements _(diodes,_ transistors, resistors, capacitors, inductances, etc.) are created in the mass (essentially) and on the f f i d d i d i l (f l d d ili ----- _(ii)_ Hybrid integrated circuits in which passive elements (resistors, capacitors, inductances, etc.), obtained by thin- or thick-film technology, and active elements (diodes, transistors, monolithic integrated circuits, etc.), obtained by semiconductor technology, are combined to all intents and purposes indivisibly, by interconnections or interconnecting cables, on a single insulating substrate (glass, ceramic, etc.). These circuits may also include discrete components; _(iii)_ Multichip integrated circuits consisting of two or more interconnected monolithic inte grated circuits combined to all intents and purposes indivisibly, whether or not on one or more insulating substrates, with or without leadframes, but with no other active or passive circuit elements. _(iv)_ Multi-component integrated circuits (MCOs): a combination of one or more monolithic, hybrid, or multi-chip integrated circuits with at least one of the following components: siliconbased sensors, actuators, oscillators, resonators or combinations thereof, or components performing the functions of articles classifiable under heading 8532, 8533, 8541, or inductors classifiable under heading 8504, formed to all intents and purposes indivisibly into a single body like an integrated circuit, as a component of a kind used for assembly onto a printed circuit board (PCB) or other carrier, through the connecting of pins, leads, balls, lands, bumps, or pads. For the purpose of this definition: (1) "Components" may be discrete, manufactured independently then assembled onto the rest of the MCO, or integrated into other components. (2) "Silicon based" means built on a silicon substrate, or made of silicon materials, or manufactured onto integrated circuit die. (3) (a) ―Silicon-based sensors‖ consist of microelectronic or mechanical structures that are created in the mass or on the surface of a semiconductor and that have the function of detecting physical or chemical phenomena and transducing these into electric signals, caused by resulting variations in electric properties or displacement of a mechanical structure. ―Physical or chemical phenomena‖ relates to phenomena, such as pressure, acoustic waves, acceleration, vibration, movement, orientation, strain, magnetic field strength, electric field strength, light, radioactivity, humidity, flow, chemicals concentration, etc. (b) "Silicon based actuators" consist of microelectronic and mechanical structuresthat are created in the mass or on the surface of a semiconductor and that have the function of converting electrical signals into physical movement. (c) "Silicon based resonators" are components that consist of microelectronic or mechanical structures that are created in the mass or on the surface of a semiconductor and have the function of generating a mechanical or electrical oscillation of a predefined frequency that depends on the physical geometry of these structures in response to an external input. (d) "Silicon based oscillators" are active components that consist of microelectronic or mechanical structures that are created in the mass or on the surface of a semiconductor and that have the function of generating a mechanical or electrical oscillation of a predefined frequency that depends on the physical geometry of these structures. For the classification of the articles defined in this Note, headings 8541 and 8542 shall take prece dence over any other heading in this Schedule, except in the case of heading 8523, which might cover them by reference to, in particular, their function. **13 For the purposes of heading 8548** spent primary cells spent primary batteries and spent electric ----- **SUB-HEADING** **NOTE** **:** 1. Sub-heading 8525 81 covers only high-speed television cameras, digital cameras and video camera recorders having one or more of the following characteristics:–– - writing speed exceeding 0.5 mm per microsecond; - time resolution 50 nanoseconds or less; - frame rate exceeding 225,000 frames per second. 2. In respect of sub-heading 8525 82, radiation-hardened or radiation-tolerant television cameras, digital cameras and video camera recorders are designed or shielded to enable operation in a high-radiation environment. These cameras are designed to withstand a total radiation dose of at least 50 × 103 Gy(silicon) (5 × 106 RAD (silicon)), without operational degradation. 3. Sub-heading 8525 83 covers night vision television cameras, digital cameras and video camera recorders which use a photocathode to convert available light to electrons, which can be amplified and converted to yield a visible image. This sub-heading excludes thermal imaging cameras (generally sub-heading 8525 89). 4. Sub-heading 8527 12 covers only cassette-players with built-in amplifier, without built-in loudspeaker, capable of operating without an external source of electric power and the dimensions of which do not exceed 170 mm x 100 mm x 45 mm. 5. For the purposes of sub-headings 8549 11 to 8549 19, ―spent primary cells, spent primary batteries and spent electric accumulators‖ are those which are neither usable as such because of breakage, cutting-up, wear or other reasons, nor capable of being recharged. **SUPPLEMENTARY** **NOTE** **:** For the purposes of heading 8523, ―Information Technology software‖ means any representation of instructions, data, sound or image, including source code and object code, recorded in a machine readable form, and capable of being manipulated or providing interactivity to a user, by means of an automatic data processing machine. **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard** **Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **8501** **ELECTRIC** **MOTORS** **AND** **GENERATORS (EXCLUDING** 8501 10 **GENERATING SETS)** **-** _Motors of an output not exceeding 37.5 W :_ ----- **SECTION-XVI** **CHAPTER-85** **---** _DC motor :_ 8501 10 11 **----** Micro motor u 15% 8501 10 12 **----** Stepper motor u 15% 8501 10 13 **----** Wiper motor u 15% 8501 10 19 **----** Other u 15% 8501 10 20 **---** AC motor u 15% 8501 20 00 **-** Universal AC or DC motors of an output u 15% exceeding 37.5W - _Other DC motors; DC generators, other than_ _photovoltaic generators;_ 8501 31 **--** _Of an output not exceeding 750 W:_ **---** _DC motors :_ 8501 31 11 **----** Micro motor u 15% 8501 31 12 **----** Stepper motor u 15% 8501 31 13 **----** Wiper motor u 15% 8501 31 19 **----** Other u 15% 8501 31 20 **---** DC generators u 15% 8501 32 **--** _Of an output exceeding 750 W but_ _not exceeding 75 kW :_ 8501 32 10 **---** DC motor u 15% 8501 32 20 **---** DC generators u 15% 8501 33 **--** _Of an output exceeding 75 kW but_ _not exceeding 375 kW :_ 8501 33 10 **---** DC motors u 15% 8501 33 20 **---** DC generators u 15% 8501 34 **--** _Of an output exceeding 375 kW:_ 8501 34 10 **---** Of an output exceeding 375 kW but not u 15% exceeding 1,000 kW 8501 34 20 **---** Of an output exceeding 1,000 kW but not u 15% exceeding 2,000 kW 8501 34 30 --- Of an output exceeding 2,000 kW but not u 15% exceeding 5,000 kW 8501 34 40 --- Of an output exceeding 5,000 kW but not u 15% exceeding 10,000 kW 8501 34 50 --- Of an output exceeding 10,000 kW u 15% 8501 40 **-** _Other_ _AC motors, single-phase:_ 8501 40 10 **---** Fractional horse power motor u 15% 8501 40 90 **---** Other u 15% **-** _Other AC motors, multi-phase:_ 8501 51 **--** _Of an output not exceeding 750 W :_ 8501 51 10 **---** Squirrel cage induction motor, 3 phase type u 15% 8501 51 20 **---** Slipring motor u 15% 8501 51 90 **---** Other u 15% 8501 52 **--** _Of an_ _output_ _exceeding_ _750_ _W_ _but not_ _exceeding 75 kW:_ 8501 52 10 **---** Squirrel cage induction motor, 3 phase type u 15% ----- **SECTION-XVI** **CHAPTER-85** **(1)** **(2)** **(3)** **(4)** **(5)** 8501 52 20 **---** Slipring motor u 15% 8501 52 90 **---** Other u 15% 8501 53 -- _Of an output exceeding 75 kW :_ 8501 53 10 --- Squirrel cage induction motor, u 15% 3 phase type 8501 53 20 --- Slipring motor u 15% 8501 53 30 --- Traction motor u 15% 8501 53 20 -- 8501 53 90 --- Other u 15% - _AC generators (alternators), other than_ _photovoltaic generators;_ u 10% 8501 61 00 -- Of an output not exceeding 75 kVA 8501 62 00 -- Of an output exceeding 75 kVA u 10% 8501 63 00 8501 64 - - but not exceeding 375 kVA Of an output exceeding 375 kVA but not exceeding 750 kVA _Of an output exceeding 750 kVA:_ u 10% 8501 64 10 --- Of an output exceeding 750 kVA u 10% 8501 64 20 8501 64 30 8501 64 40 8501 64 50 8501 64 60 8501 64 70 8501 64 80 8501 71 00 8501 72 00 8501 80 00 -- -- -- -- -- -- -- -- but not exceeding 2,000 kVA Of an output exceeding 2,000 kVA but not exceeding 5,000 kVA Of an output exceeding 5,000 kVA but not exceeding 15,000 kVA Of an output exceeding 15,000 kVA but not exceeding 37,500 kVA Of an output exceeding 37,500 kVA but not exceeding 75,000 kVA Of an output exceeding 75,000 kVA but not exceeding 1,37,500 kVA Of an output exceeding 1,37,500 kVA but not exceeding 3,12,500 kVA Of an output exceeding 3,12,500 kVA _Photovoltaic DC generators:_ Of an output not exceeding 50 W Of an output exceeding 50 W Photovoltaic AC generators 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% **8502** **ELECTRIC** **GENERATING** **SETS** **AND** **ROTARY CONVERTERS** u u u u u u u u u u u _Generating_ _sets_ _with_ _compression-ignition_ _internal combustion piston engines (diesel or_ _semi-diesel engines):_ Of an output not exceeding 75 kVA Of an output exceeding 75 kVA but not exceeding 375 kVA _Of an output exceeding 375 kVA :_ 8502 11 00 8502 12 00 8502 13 - - - 8502 13 10 --- Of an output exceeding 375 kVA but not exceeding 1,000 kVA 8502 13 20 --- Of an output exceeding 1,000 kVA but not exceeding 1,500 kVA u 7.5% u 7.5% u 7.5% ----- **SECTION-XVI** **CHAPTER-85** **(1)** **(2)** **(3)** **(4)** **(5)** 8502 13 40 --- Of an output exceeding 2,000 kVA u 7.5% u u u u u 8502 13 50 8502 13 60 8502 20 8502 20 10 8502 20 90 8502 31 00 -- -- -- -- - but not exceeding 5,000 kVA Of an output exceeding 5,000 kVA but not exceeding 10,000 kVA Of an output exceeding 10,000 kVA _Generating_ _sets_ _with_ _spark-ignition_ _internal combustion piston engines:_ Electric portable generators of an output not exceeding 3.5 kVA Other _Other generating sets :_ Wind-powered 7.5% 7.5% 10% 7.5% 7.5% 8502 39 -- _Other_ : 8502 39 10 --- Powered by steam engine u 7.5% 8502 39 20 --- Powered by water turbine u 7.5% 8502 39 90 --- Other u 7.5% 8502 40 00 - Electric rotary converters u 7.5% **8503** **PARTS SUITABLE** **FOR** **USE** **SOLELY** **OR PRINCIPALLY** **WITH** **THE** **MACHINES** **OF HEADING** **8501** **OR** **8502** 8503 00 - _Parts suitable_ _for_ _use_ _solely_ _or principally_ _with the machines ofheading 8501 or 8502:_ 8503 00 10 --- Parts of generator (AC or DC) u 7.5% --- _Parts of electric motor :_ 8503 00 21 ---- Of DC motor u 7.5% 8503 00 29 ---- Other u 7.5% 8503 00 90 --- Other u 7.5% **8504** **ELECTRICAL** **TRANSFORMERS,** **STATIC** **CONVERTERS** **(FOR EXAMPLE, RECTIFIERS) AND INDUCTORS** 8504 10 - _Ballasts for discharge lamps or tubes :_ 8504 10 10 --- Conventional type u 7.5% 8504 10 20 --- For compact fluorescent lamps u 7.5% 8504 10 90 8504 21 00 8504 22 00 8504 23 -- - - - Other _Liquid_ _dielectric transformers:_ Having a power handling capacity not exceeding 650 kVA Having a power handling capacity exceeding 650 kVA but not exceeding 10,000 kVA _Having a_ _power handling capacity_ _exceeding 10,000 kVA:_ u u u 7.5% 10% 10% ----- **SECTION-XVI** **CHAPTER-85** **(1)** **(2)** **(3)** **(4)** **(5)** 8504 23 10 --- Having a power handling capacity exceeding u 10% 8504 23 20 8504 23 30 8504 23 40 -- -- -- 10,000 kVA but not exceeding 50,000 kVA Having a power handling capacity exceeding 50,000 kVA but not exceeding 1,00,000 kVA Having a power handling capacity exceeding 1,00,000 kVA but not exceeding 2,50,000 kVA Having a power handling capacity exceeding 2,50,000 kVA _Other transformers:_ u u u 10% 10% 10% 8504 31 00 -- Having a power handling capacity not exceeding u 10% 1 kVA 8504 32 00 -- Having a power handling capacity exceeding u 10% u u u u 8504 33 00 8504 34 00 8504 40 8504 40 10 8504 40 21 - - ---- --- 1 kVA but not exceeding 16 kVA Having a power handling capacity exceeding 16 kVA but not exceeding 500 kVA Having a power handling capacity exceeding 500 kVA _Static converters:_ Electric inverter _Rectifier :_ Dip bridge rectifier 10% 10% 20% 20% 8504 40 29 ---- Other u 20% 8504 40 30 --- Battery chargers u 20% 8504 40 40 --- Voltage regulator and stabilizers (other than u 20% automatic) 8504 40 90 --- Other u 20% 8504 50 - _Other_ _inductors:_ 8504 50 10 --- Choke coils (chokes) u 7.5% 8504 50 90 --- Other u 7.5% 8504 90 - _Parts :_ 8504 90 10 --- Of transformers kg. 10% 8504 90 90 --- Other kg. 15% **8505** **ELECTRO-MAGNETIC; PERMANENT MAGNETS AND ARTICLES** **INTENDED TO BECOME** **PERMANENT MAGNETS AFTER** **MAGNETISATION; ELECTRO-MAGNETIC OR PERMANENT** **MAGNET CHUCKS, CLAMPS AND SIMILAR HOLDING** **DEVICES;** **ELECTRO-MAGNETIC** **COUPLINGS,** **CLUTCHES** **AND BRAKES; ELECTRO- MAGNETIC LIFTING HEADS** - _Permanent magnets and articles intended to become_ _permanent magnets after magnetisation:_ 8505 11 -- _Of metal :_ 8505 11 10 --- Ferrite cores kg. 7.5% ----- **SECTION-XVI** **CHAPTER-85** **(1)** **(2)** **(3)** **(4)** **(5)** 8505 11 90 --- Other kg. 7.5% 8505 19 00 -- Other kg. 7.5% 8505 20 00 - Electro-magnetic couplings, clutches and brakes kg. 7.5% 8505 90 00 - Other, including parts kg. 7.5% **8506** **PRIMARY** **CELLS** **AND** **PRIMARY** **BATTERIES** 8506 10 00 - Manganese dioxide u 15% 8506 30 00 - Mercuric oxide u 15% 8506 40 00 - Silver oxide u 15% 8506 50 00 - Lithium u 15% 8506 60 00 - Air-zinc u 15% 8506 80 - _Other primary cells and primary batteries:_ 8506 80 10 --- Button Cells u 15% 8506 80 90 --- Other u 15% 8506 90 00 - Parts kg. 10% **8507** **ELECTRIC** **ACCUMULATORS,** **INCLUDING** **SEPARATORS** **THEREFOR,** **WHETHER OR NOT RECTANGULAR** **(INCLUDING SQUARE)** 8507 10 00 - Lead-acid, of a kind used for starting u 15% piston engines 8507 20 00 - Other lead-acid accumulators u 15% 8507 30 00 - Nickel-cadmium u 15% 8507 50 00 - Nickel-metal hydride u 15% 8507 60 00 - Lithium-ion u 20% 8507 80 00 - Other accumulators u 15% 8507 90 - _Parts :_ 8507 90 10 --- Accumulator cases made of hard rubber kg. 10% and separators 8507 90 90 --- Other kg. 10% **8508** **VACUUM** **CLEANERS** - _With_ _self-contained_ _electric_ _motor:_ 8508 11 00 -- Of a power not exceeding 1,500 W and having a u 10% dust bag or other receptacle capacity not exceeding 20 _l_ 8508 19 00 -- Other u 10% 8508 60 00 - Other vacuum cleaners u 10% 8508 70 00 - Parts kg. 10% **8509** **ELECTRO-MECHANICAL DOMESTIC APPLIANCES,** **WITH** **SELF CONTAINED ELECTRIC MOTOR,** **OTHER THAN** **VACUUM CLEANERS OF HEADING** **8508.** ----- **SECTION-XVI** **CHAPTER-85** **(1)** **(2)** **(3)** **(4)** **(5)** 8509 40 - _Food grinders and mixers; fruit or vegetable_ _juice extractors :_ 8509 40 10 --- Food grinders u 20% 8509 40 90 --- Other u 20% 8509 80 00 - Other appliances u 20% 8509 90 00 - Parts kg. 10% **8510** **SHAVERS, HAIR CLIPPERS AND HAIR-REMOVING** **APPLIANCES, WITH SELF-CONTAINED** **ELECTRIC MOTOR** 8510 10 00 - Shavers u 20% 8510 20 00 - Hair clippers u 20% 8510 30 00 - Hair-removing appliances u 20% 8510 90 00 - Parts kg. 10% **8511** **ELECTRICAL IGNITION OR** **STARTING** **EQUIPMENT OF** **A KIND USED FOR SPARK-IGNITION OR COMPRESSION-** **IGNITION INTERNAL COMBUSTION ENGINES** **(FOR** **EXAMPLE, IGNITION MAGNETOS, MAGNETO-DYNAMOS,** **IGNITION COILS, SPARKING PLUGS AND GLOW PLUGS,** **STARTER MOTORS); GENERATORS (FOR EXAMPLE,** **DYNAMOS,** **ALTERNATORS)** **AND CUT-** **OUTS OF A** **KIND** **USED IN CONJUNCTION WITH SUCH ENGINES** 8511 10 00 - Sparking plugs u 15% 8511 20 - _Ignition magnetos; magneto-dynamos;_ _magnetic flywheels :_ 8511 20 10 --- Electronic ignition magnetos u 15% 8511 20 90 --- Other u 15% 8511 30 - _Distributors; ignition coils :_ 8511 30 10 --- Distributors u 15% 8511 30 20 --- Ignition coils u 15% 8511 40 00 - Starter motors and dual purpose starter-generators u 15% 8511 50 00 - Other generators u 15% 8511 80 00 - Other equipment u 15% 8511 90 00 - Parts kg. 15% **8512** **ELECTRICAL** **LIGHTING** **OR** **SIGNALLING** **EQUIPMENT** **(EXCLUDING** **ARTICLES** **OF** **HEADING** **8539),** **WINDSCREEN WIPERS,** **DEFROSTERS AND DEMISTERS,** **OF A KIND USED FOR CYCLES OR MOTOR VEHICLES** 8512 10 00 - Lighting or visual signalling equipment u 15% of a kind used on bicycles 8512 20 - _Other lighting or visual signalling equipment :_ 8512 20 10 --- Head lamps, tail lamps, stop lamps, side lamps and blinkers u 15% ----- **SECTION-XVI** **CHAPTER-85** **(1)** **(2)** **(3)** **(4)** **(5)** 8512 20 20 --- Other automobile lighting equipment u 15% 8512 20 90 --- Other u 15% 8512 30 - _Sound_ _signalling_ _equipment:_ 8512 30 10 --- Horns u 15% 8512 30 90 --- Other u 15% 8512 40 00 - Windscreen wipers, defrosters and demisters u 15% 8512 90 00 - Parts kg. 15% **8513** **PORTABLE** **ELECTRIC** **LAMPS** **DESIGNED** **TO** **FUNCTION** **BY** **THEIR** **OWN** **SOURCE** **OF** **ENERGY** **(FOR** **EXAMPLE,** **DRY BATTERIES, ACCUMULATORS, MAGNETOS), OTHER** **THAN LIGHTING EQUIPMENT OF HEADING** **8512** 8513 10 - _Lamps :_ 8513 10 10 --- Torch u 10% 8513 10 20 --- Other flash-lights excluding those for u 7.5% photographic purposes 8513 10 30 --- Miners‗ safety lamps u 7.5% 8513 10 40 --- Magneto lamps u 7.5% 8513 10 90 --- Other u 7.5% 8513 90 00 - Parts kg. 7.5% **8514** **INDUSTRIAL OR LABORATORY ELECTRIC FURNACES AND** **OVENS (INCLUDING THOSE FUNCTIONING BY INDUCTION** **OR** **DIELECTRIC** **LOSS);** **OTHER** **INDUSTRIAL** **OR** **LABORATORY EQUIPMENT FOR THE HEAT TREATMENT** **OF MATERIALS BY INDUCTION OR DIELECTRIC LOSS** - _Resistance heated furnaces and ovens:_ 8514 11 00 -- Hot isostatic presses u 7.5% 8514 19 00 -- Other u 7.5% 8514 20 00 - Furnaces and ovens functioning by induction u 7.5% or dielectric loss - _Other_ _furnaces_ _and_ _ovens:_ 8514 31 00 -- Electron beam furnaces u 7.5% 8514 32 00 -- Plasma and vacuum arc furnaces u 7.5% 8514 39 00 -- Other u 7.5% 8514 40 00 - Other equipment for the heat treatment of u 7.5% 8513 10 30 -- kg. 8514 90 00 materials by induction or dielectric loss Parts 7.5% **8515** **ELECTRIC** **(INCLUDING ELECTRICALLY HEATED GAS),** **L AS E R** **O R** **O T HER** **L IG H T** **OR** **P H O T O** **B E AM,** **ULTRASONIC, ELECTRON BEAM, MAGNETIC PULSE OR** **PLASMA ARC SOLDERING, BRAZING OR WELDING** **MACHINES AND APPARATUS, WHETHER OR NOT** **CAPABLE OF CUTTING;** **ELECTRIC MACHINES AND** **APPARATUS FOR HOT SPRAYING OF METALS OR** **CERMETS** - _Brazing_ _or_ _soldering_ _machines_ _and_ _apparatus:_ ----- **SECTION-XVI** **CHAPTER-85** **(1)** **(2)** **(3)** **(4)** **(5)** 8515 11 00 -- Soldering irons and guns u 10% 8515 19 00 -- Other u 10% - _Machines and apparatus_ _for_ _resistance_ _welding_ _of metal :_ 8515 21 -- _Fully or partly automatic:_ 8515 21 10 --- Automatic spot welding machinery u 10% 8515 21 20 --- Automatic butt welding machinery u 10% 8515 21 90 --- Other u 10% 8515 29 00 -- Other u 10% - _Machines and apparatus for arc (including_ u 8515 31 00 - _plasma arc) welding of metals :_ Fully or partly automatic 10% 8515 39 -- _Other_ : 8515 39 10 --- AC arc welding machinery u 10% 8515 39 20 --- Argon arc welding machinery u 10% 8515 39 90 --- Other u 10% 8515 80 - _Other_ _machines_ _and_ _apparatus:_ 8515 80 10 --- High-frequency plastic welding machine u 10% 8515 80 90 --- Other u 10% 8515 90 00 - Parts kg. 7.5% **8516** **ELECTRIC** **INSTANTANEOUS** **OR** **STORAGE** **WATER HEATERS** **AND** **IMMERSION** **HEATERS;** **ELECTRIC SPACE HEATING** **APPARATUS** **AND** **SOIL** **HEATING APPARATUS;** **ELECTRO-** **THERMIC HAIR-DRESSING APPARATUS (FOR EXAMPLE, HAIR** **DRYERS,** **HAIR CURLERS,** **CURLING TONG HEATERS)** **AND** **HAND DRYERS;** **ELECTRIC SMOOTHING IRONS;** **OTHER** **ELECTRO-THERMIC APPLIANCES OF A KIND USED FOR** **DOMESTIC** **PURPOSES;** **ELECTRIC** **HEATING** **RESISTORS,** **OTHER THAN THOSE OF HEADING 8545** 8516 10 00 - _Electric space heating apparatus_ _and electric soil_ u 20% _heating apparatus :_ 8516 21 00 -- Storage heating radiators u 20% 8516 29 00 -- Other u 20% - _Electro-thermic_ _hair-dressing_ _or_ _hand-drying_ _apparatus :_ 8516 31 00 -- Hair dryers u 20% 8516 32 00 -- Other hair-dressing apparatus u 20% 8516 33 00 -- Hand-drying apparatus u 20% 8516 40 00 - Electric smoothing irons u 20% 8516 50 00 - Microwave ovens u 20% 8516 60 00 - Other ovens; cookers, cooking plates, boiling rings, u 20% grillers and roasters ----- **SECTION-XVI** **CHAPTER-85** **(1)** **(2)** **(3)** **(4)** **(5)** - _Other electro-thermic appliances:_ 8516 71 00 -- Coffee or tea makers u 20% 8516 72 00 -- Toasters u 20% 8516 79 -- _Other_ : 8516 79 10 --- Electro-thermic fluid heaters u 20% 8516 79 20 --- Electrical or electronic devices for repelling insects u 20% (for example, mosquitoes or other similar kind of insects) 8516 79 90 --- Other u 20% 8516 80 00 - Electric heating resistors u 20% 8516 90 00 - Parts kg. 10% **8517** **TELEPHONE SETS, INCLUDING SMARTPHONES AND OTHER** **TELEPHONES FOR CELLULAR NETWORKS OR FOR OTHER** **WIRELESS N ET WORKS :** **OTHER APPARATUS FOR THE TRANSMISSION OR RECEPTION** **OF** **VOICE,** **IMAGES** **OR OTHER DATA,** **INCLUDING** **APPARATUS FOR COMMUNICATION IN A WIRED OR WIRELESS** **NETWORK** **(SUCH AS A LOCAL OR WIDE AREA NETWORK),** **OTHER THAN TRANSMISSION OR RECEPTION APPARATUS OF** **HEADING 8443, 8525, 8527** **OR 8528** - _Telephone_ _sets, including_ smartphones and other telephones _for cellular networks or for other_ _wireless_ _networks:_ 8517 11 -- _Line telephone sets with cordless handsets:_ 8517 11 10 --- Push button type u Free 8517 11 90 --- Other u Free 8517 13 00 -- Smartphones u 20% 8517 14 00 -- Other telephones for cellular networks or for other u 20% wireless networks 8517 18 -- _Other:_ 8517 18 10 --- Push button type u Free 8517 18 90 --- Other u Free - _Other apparatus for transmission or reception of_ _voice, images or other data, including apparatus_ _for communication in a wired or wireless network_ _(such as a local or wide area network):_ 8517 61 00 -- Base stations u **20% 8517 62 -- _Machines_ _for_ _the_ _reception,_ _conversion_ _and_ _transmission_ _or_ _regeneration_ _of_ _voice, images_ _or_ _other_ _data,_ _including_ _switching and_ _routing_ _apparatus:_ ----- **SECTION-XVI** **CHAPTER-85** **(1)** **(2)** **(3)** **(4)** **(5)** 8517 62 10 --- PLCC equipment u Free 8517 62 20 --- Voice frequency telegraphy u Free 8517 62 30 --- Modems (modulators-demodulators) for xDSL based u Free Wireline Telephony 8517 62 50 --- Digital loop carrier system(DLC) u Free 8517 62 60 --- Synchronous digital hierarchy system(SDH) u Free 8517 62 70 --- Multiplexers, statistical multiplexers for PDH based u Free Wireline Telephony 8517 62 90 --- Other u 20% 8517 69 -- _Other:_ 8517 69 10 --- ISDN System u Free 8517 69 20 --- ISDN terminal adaptor u Free 8517 69 40 --- X 25 Pads u Free 8517 69 60 --- Set top boxes for gaining access to internet for u Free Wireline Telephony 8517 69 70 --- Attachments for telephones u Free 8517 69 90 --- Other u *20% _-_ _Parts:_ 8517 71 00 -- Aerials and aerial reflectors of all kinds; parts u 20% suitable for use therewith 8517 79 -- Other: 8517 79 10 --- Populated, loaded or stuffed printed circuit boards u 20% 8517 79 90 --- Other u 15% **8518** **MICROPHONES AND STANDS** **THEREFOR: LOUDSPEAKERS,** **WHETHER OR NOT MOUNTED IN THEIR ENCLOSURES:** **HEADPHONES AND EARPHONES, WHETHER OR NOT** **COMBINED WITH A MICROPHONE, AND** **SETS CONSISTING** **OF** **A MICROPHONE AND ONE OR MORE LOUDSPEAKERS:** **AUDIO-FREQUENCY** **ELECTRIC** **AMPLIFIERS:** **ELECTRIC** **SOUND AMPLIFIER SETS** 8518 10 00 - Microphones and stands therefor _Loudspeakers,_ u 15% - _whether or_ _not_ _mounted in their enclosures :_ 8518 21 -- _Single loudspeakers, mounted in their enclosures:_ 8518 21 10 --- Wireless kg. 20% 8518 21 90 --- Other kg. 20% 8518 22 -- _Multiple loudspeakers, mounted in the same_ _Enclosure:_ 8518 22 10 --- Wireless kg. 20% 8518 22 90 --- Other kg. 20% 8518 29 -- _Other:_ 8518 29 10 --- Wireless kg. 20% 8518 29 90 --- Other kg. 20% 8518 30 - _Headphones and earphones, whether or not_ _combined with a microphone, and sets consisting_ _of a microphone and one or more loudspeakers:_ 8518 30 11 ---- True Wireless Stereo [TWS] Sound channel not kg. 20% connected by wire] 8518 30 19 ---- Other kg. 20% ----- 8518 30 90 --- Other kg. 20% 8518 40 00 - Audio-frequency electric amplifiers u 15% 8518 50 00 - Electric sound amplifier sets u 10% 8518 90 00 - Parts u 15% **8519** **SOUND RECORDING OR REPRODUCING APPARATUS** 8519 20 00 - Apparatus operated by coins, banknotes, bank cards, u tokens or by other means of payment 10% 8519 30 00 - Turntables (record-decks) u 10% _Other apparatus:_ Using magnetic, optical or semiconductor media u 8519 81 00 - 10% 8519 89 -- _Other:_ 8519 89 10 --- Audio Compact disc player u 10% 8519 89 20 --- Compact disc changer including mini disc player u 10% or laser disc player 8519 89 30 --- Time Code recorder u 10% 8519 89 40 --- MP-3 player u 10% 8519 89 90 --- Others u 10% **8521** **VIDEO** **RECORDING** **OR** **REPRODUCING** **APPARATUS,** **WHETHER OR NOT INCORPORATING A VIDEO TUNER** 8521 10 - _Magnetic_ _tape-type_ _:_ --- _Cassette tape-type_ _:_ 8521 10 11 ---- Professional video tape recorders with ¾‖ u 10% or 1‖ tape 8521 10 12 ---- Video recorders betacam or betacam SP or u 10% digital betacam S-VHS or digital-S 8521 10 19 ---- Other u 10% --- _Spool type :_ 8521 10 21 ---- Professional video tape recorders with ¾‖ u 10% or 1‖ tape 8521 10 22 ---- Video recorders betacam or betacam SP or u 10% digital betacam S-VHS or digital-S 8521 10 29 ---- Other u 10% --- _Other_ : 8521 10 91 ---- Professional video tape recorders with ¾‖ u 10% or 1‖ tape solid state or otherwise 8521 10 92 ---- Video recorders betacam or betacam SP u 10% or digital betacam S-VHS or digital-S 8521 10 99 --- Other u 10% 8521 90 - _Other_ : 8521 90 10 --- Video duplicating system with master u 10% 8519 89 30 -- and slave control 8521 90 20 --- DVD player u 10% 8521 90 90 --- Other u 20% ----- **SECTION-XVI** **CHAPTER-85** **(1)** **(2)** **(3)** **(4)** **(5)** **8522** **PARTS** **AND** **ACCESSORIES** **SUITABLE** **FOR** **USE** **SOLELY** **OR PRINCIPALLY WITH THE APPARATUS OF HEADINGS** kg. 8522 10 00 **8519 OR 8521** Pick-up cartridges 10% 8522 90 00 - Other kg. 10% **8523** **DISCS,** **TAPES,** **SOLID-STATE** **NON-VOLATILE** **STORAGE** **DEVICES,** **"SMART** **CARDS"** **AND** **OTHER** **MEDIA FOR THE RECORDING OF SOUND OR OF** **OTHER** **PHENOMENA,** **WHETHER** **OR** **NOT** **RECORDED, INCLUDING** **MATRICES** **AND** **MASTERS** **FOR THE PRODUCTION OF DISCS,** **BUT EXCLUDING** **PRODUCTS OF CHAPTER** **37** - _Magnetic_ _media:_ 8523 21 00 -- Cards incorporating a magnetic stripe u 10% 8523 29 -- _Other:_ 8523 29 10 --- Audio cassettes u 10% 8523 29 20 --- Video cassettes u 10% 8523 29 30 --- Video magnetic tape including those in hubs and u 10% 8523 29 40 8523 29 50 8523 29 60 -- -- - reels, rolls, pancakes and jumbo rolls ¾‖ and 1‖ video cassettes ½‖ video cassettes suitable to work with betacam, betacam SP/M II and VHS typeVCR Other video cassettes and tapes ¾‖ and 1‖ video cassettes u u u 10% 10% 10% 8523 29 70 --- All kinds of Magnetic discs u 10% 8523 29 80 --- Cartridge tape u 10% 8523 29 90 --- Other u 10% - Optical media: 8523 41 - - Unrecorded: 8523 41 10 - - - Compact disc (Audio/video) u 10% 8523 41 20 - - - Blank master discs (that is, substrate) for producing u 10% stamper for compact disc 8523 41 30 - - - Matrices for production of records; prepared record blank u 10% 8523 41 40 - - - Cartridge tape u 10% 8523 41 50 - - - 1/2" Videocassette suitable to work with digital VCR u 10% 8523 41 60 - - - DVD u 10% 8523 41 90 - -- Other u 10% 8523 49 - - Other : 8523 49 10 - - - Compact disc (Audio) u 10% 8523 49 20 - - - Compact disc (video) u 10% 8523 49 30 - - - Stamper for CD audio, CD video and CD-ROM u 10% 8523 49 40 - - - DVD u 10% 8523 49 50 - - - Matrices for production of records; prepared record blank 8523 49 60 - - - Cartridge tape u 10% 8523 49 70 - - - 1/2" Videocassette suitable to work with digital VCR u 10% 8523 49 90 - -- Other u 10% - Semi-conductor media: ----- **SECTION-XVI** **CHAPTER-85** **(1)** **(2)** **(3)** **(4)** **(5)** 8523 52 -- _Smart cards:_ 8523 52 10 --- SIM cards u Free 8523 52 20 --- Memory Cards u Free 8523 52 90 --- Other u Free 8523 59 -- Other 8523 59 10 --- Proximity cards and tags u Free 8523 59 90 --- Other u 10% 8523 80 --- _Other:_ 8523 80 10 --- Gramophone records u 10% 8523 80 20 --- Information technology software u 10% 8523 80 30 --- Audio-visual news or audio visual views u 10% 8523 80 40 --- Children‗s video films u 10% 8523 80 50 --- Video tapes of educational nature u 10% 8523 80 60 --- 2-D/ 3D computer graphics u 10% 8523 80 90 --- Other u 10% **8524** **FLAT PANEL DISPLAY MODULES, WHETHER OR NOT** **INCORPORATING TOUCH-SENSITIVE SCREENS** - _Without drivers or control circuits:_ 8524 11 8524 11 10 8524 11 20 8524 11 30 8524 11 90 8524 12 8524 12 10 8524 12 20 8524 12 30 8524 12 90 8524 19 8524 19 10 8524 19 20 8524 19 30 8524 19 90 8524 91 8524 91 10 8524 91 20 8524 91 30 8524 91 90 8524 92 8524 92 10 8524 92 20 8524 92 30 8524 92 90 8524 99 8524 99 10 8524 99 20 8524 99 30 8524 99 90 -- _Of liquid crystals :_ --- For the goods of sub-heading 8471 30 or 8471 41 --- For the goods of sub-heading 8517 13 or 8517 14 --- For the goods of sub-heading 8528 72 or 8528 73 --- Other -- _Of organic light-emitting diodes (OLED) :_ --- For the goods of sub-heading 8471 30 or 8471 41 --- For the goods of sub-heading 8517 13 or 8517 14 --- For the goods of sub-heading 8528 72 or 8528 73 --- Other -- _Other :_ --- For the goods of sub-heading 8471 30 or 8471 41 --- For the goods of sub-heading 8517 13 or 8517 14 --- For the goods of sub-heading 8528 72 or 8528 73 --- Other - _Other:_ -- _Of liquid crystals :_ --- For the goods of sub-heading 8471 30 or 8471 41 --- For the goods of sub-heading 8517 13 or 8517 14 --- For the goods of sub-heading 8528 72 or 8528 73 --- Other -- _Of organic light-emitting diodes (OLED) :_ --- For the goods of sub-heading 8471 30 or 8471 41 --- For the goods of sub-heading 8517 13 or 8517 14 --- For the goods of sub-heading 8528 72 or 8528 73 --- Other -- _Other :_ --- For the goods of sub-heading 8471 30 or 8471 41 --- For the goods of sub-heading 8517 13 or 8517 14 --- For the goods of sub-heading 8528 72 or 8528 73 --- Other u u u u u u u u u u u u u u u u u u u u u u u u 15% 15% 15% 15% 15% 15% 15% 15% 15% 15% 15% 15% 15% 15% 15% 15% 15% 15% 15% 15% 15% 15% 15% 15% **8525** **TRANSMISSION APPARATUS FOR RADIO BROADCASTING** ----- **SECTION-XVI** **CHAPTER-85** **REPRODUCING APPARATUS;** **TELEVISION CAMERAS,** **DIGITAL CAMERAS AND VIDEO CAMERA RECORDERS** 8525 50 - _Transmission apparatus:_ 8525 50 10 --- Radio broadcast transmitter u 7.5% 8525 50 20 --- TV broadcast transmitter u 7.5% 8525 50 30 --- Broadcast equipment sub-system u 7.5% 8525 50 40 --- Communication jamming equipment u 7.5% 8525 50 90 --- Other u 7.5% 8525 60 00 - Transmission apparatus incorporating reception u Free apparatus - _Television_ _cameras, digital_ _cameras and video_ _camera_ _recorders:_ 8525 81 00 -- High-speed goods as specified in sub-heading Note 1 u 20% to this Chapter 8525 82 00 -- Other, radiation-hardened or radiation-tolerant goods u 20% as specified in sub-heading Note 2 to this Chapter 8525 83 00 -- Other, night vision goods as specified in sub-heading u 20% Note 3 to this Chapter 8525 89 00 -- Other u 20% **8526** **RADAR** **APPARATUS, RADIO** **NAVIGATIONAL** **AID APPARATUS** **AND RADIO REMOTE CONTROL APPARATUS** 8526 10 00 - Radar apparatus u 7.5% - _Other_ : 8526 91 -- _Radio_ _navigational_ _aid_ _apparatus:_ 8526 91 10 --- Direction measuring equipment u 7.5% 8526 91 20 --- Instrument landing system u 7.5% 8526 91 30 --- Direction finding equipment u 7.5% 8526 91 40 --- Non-directional beacon u 7.5% 8526 91 50 --- VHF omni range equipment u 7.5% 8526 91 90 --- Other u 7.5% 8526 92 00 -- Radio remote control apparatus u 7.5% **8527** **RECEPTION** **APPARATUS** **FOR** **RADIO-BROADCASTING** **WHETHER OR NOT COMBINED,** **IN THE SAME HOUSING,** **WITH SOUND RECORDING OR REPRODUCING APPARATUS** **OR A CLOCK** - _Radio-broadcast receivers capable of operating_ _without an external source of power:_ 8527 12 00 -- Pocket-size radio cassette-players u 10% 8527 13 00 -- Other apparatus combined with sound recording or u 10% 8527 19 00 - reproducing apparatus Other u 10% _-_ - _Radio-broadcast receivers not capable of operating_ _without an external source of power, of a kind_ _used in motor vehicles:_ 8527 21 00 -- Combined with sound recording or reproducing apparatus u 10% 8527 29 00 8527 91 00 8527 92 00 - - - Other _Other:_ Combined with sound recording or reproducing apparatus Not combined with sound recording or reproducing u u u 10% 10% 10% ----- **SECTION-XVI** **CHAPTER-85** **8528** **MONITORS AND PROJECTORS, NOT INCORPORATING** **TELEVISION** **RECEPTION** **APPARATUS,** **RECEPTION** **APPARATUS FOR TELEVISION, WHETHER OR NOT** **INCORPORATING** **RADIO-BROADCASTRECEIVERS** **OR** **SOUND** **OR VIDEO RECORDING OR REPRODUCING APPARATUS** _-_ _Cathode-ray_ _tube_ _monitors:_ 8528 42 00 -- Capable of directly connecting to and designed for u 10% use with an automatic data processing machine of heading 8471 8528 49 00 -- Other u 10% - _Other monitors:_ 8528 52 00 -- Capable of directly connecting to and designed for u 10% use with an automatic data processing machine of heading 8471 8528 59 00 -- Other u 10% - _Projectors:_ 8528 62 00 -- Capable of directly connecting to and designed for u 10% use with an automatic data processing machine of heading 8471 8528 69 00 -- Other u 10% - _Reception_ _apparatus_ _for_ _television,_ _whether or_ _not_ _incorporating_ _radio-broadcast_ _receivers or_ _sound or video recording or reproducing_ _apparatus:_ 8528 71 00 -- Not designed to incorporate a video display or u 20% screen 8528 72 -- _Other, colour:_ 8528 72 11 ---- Television set of screen size upto 36 cm u 20% 8528 72 12 ---- Television set of screen size exceeding 36 cm but u 20% not exceeding 54 cm 8528 72 13 ---- Television set of screen size exceeding 54 cm u 20% but not exceeding 68 cm 8528 72 14 ---- Television set of screen size exceeding 68 cm u 20% but not exceeding 74 cm 8528 72 15 ---- Television set of screen size exceeding 74 cm u 20% but not exceeding 87 cm 8528 72 16 ---- Television set of screen u 20% size exceeding 87 cm but not exceeding 105 cm 8528 72 17 ---- Television set of screen size exceeding 105 cm u 20% 8528 72 18 ---- Liquid crystal display television set of screen u 20% size below 63 cm 8528 72 19 ---- Other u 20% 8528 73 -- _Other,_ _Monochrome:_ 8528 73 10 --- Liquid crystal display television set of screen size u 10% below 25 cm 8528 73 90 --- Other u 10% **8529** **PARTS** **SUITABLE** **FOR** **USE** **SOLELY** **OR** **PRINCIPALLY** **WITH THE APPARATUS OF HEADINGS 8524** **TO 8528** 8529 10 - _Aerials and aerial reflectors of all kinds;_ _parts suitable for use therewith:_ ----- **SECTION-XVI** **CHAPTER-85** **(1)** **(2)** **(3)** **(4)** **(5)** --- _Dish antenna :_ 8529 10 11 ---- For communication jamming equipment u. 7.5% 8529 10 12 ---- For amateur radio communication equipment u 7.5% 8529 10 19 ---- Other u 10% --- _Other aerials or antenna :_ 8529 10 21 ---- For communication jamming equipment u 7.5% 8529 10 22 ---- For amateur radio communication equipment u 7.5% 8529 10 29 ---- Other u 10% --- _Other_ : 8529 10 91 ---- For communication jamming equipment u 7.5% 8529 10 92 ---- For amateur radio communication equipment u 7.5% 8529 10 99 ---- Other u 15% 8529 90 - _Other_ : 8529 90 10 --- For communication jamming equipment u 7.5% 8529 90 20 --- For amateur radio communication equipment u 7.5% 8529 90 90 --- Other u 15% **8530** **ELECTRICAL** **SIGNALLING,** **SAFETY** **OR** **TRAFFIC** **CONTROL** **EQUIPMENT** **FOR** **RAILWAYS,** **TRAMWAYS,** **ROADS,** **INLAND** **WATERWAYS,** **PARKING** **FACILITIES,** **PORT** **INSTALLATIONS** **OR** **AIRFIELDS** **(OTHER** **THAN** **THOSE OF HEADING** **8608)** 8530 10 - _Equipment for railways or tramways:_ 8530 10 10 --- For railways u 7.5% 8530 10 20 --- For tramways u 7.5% 8530 80 00 - Other equipment u 7.5% 8530 90 00 - Parts kg. 7.5% **8531** **ELECTRIC** **SOUND** **OR** **VISUAL** **SIGNALLING** **APPARATUS** **(FOR EXAMPLE,** **BELLS,** **SIRENS,** **INDICATOR PANELS,** **BURGLAR OR FIRE ALARMS), OTHER THAN THOSE OF** **HEADING** **8512** **OR** **8530** 8531 10 - _Burglar or fire alarms and similar apparatus :_ 8531 10 10 --- Burglar alarm u 10% 8531 10 20 --- Fire alarm u 10% 8531 10 90 --- Other u 10% 8531 20 00 - Indicator panels incorporating liquid crystal u Free devices (LCD) or light-emitting diodes (LED) 8531 80 00 - Other apparatus u 10% 8531 90 00 - Parts kg. 10% **8532** **ELECTRICAL** **CAPACITORS,** **FIXED,** **VARIABLE** **OR** **ADJUSTABLE** **(PRE-SET)** 8532 10 00 - Fixed capacitors designed for use in 50 or 60 Hz u Free circuits and having a reactive power handling capacity of not less than 0.5 kvar (power capacitors) ----- **SECTION-XVI** **CHAPTER-85** **(1)** **(2)** **(3)** **(4)** **(5)** - _Other fixed capacitors :_ 8532 21 00 -- Tantalum u Free 8532 22 00 -- Aluminium electrolytic u Free 8532 23 00 -- Ceramic dielectric, single layer u Free 8532 24 00 -- Ceramic dielectric, multilayer u Free 8532 25 00 -- Dielectric of paper or plastics u Free 8532 29 -- _Other_ : 8532 29 10 --- Of dielectric of mica u Free 8532 29 90 --- Other u Free 8532 30 00 - Variable or adjustable (pre-set) capacitors u Free 8532 90 00 - Parts u Free **8533** **ELECTRICAL** **RESISTORS** **(INCLUDING** **RHEOSTATS** **AND** **POTENTIOMETERS),** **OTHER THAN HEATING RESISTORS** 8533 10 00 - Fixed carbon resistors, composition or film types u Free _-_ _Other fixed resistors :_ 8533 21 -- _For a power handling capacity not exceeding 20 W :_ --- _Of bare wire :_ 8533 21 11 ---- Of nichrome u Free 8533 21 19 ---- Other u Free --- _Of insulated wire :_ 8533 21 21 ---- Of nichrome u Free 8533 21 29 ---- Other u Free 8533 29 -- _Other_ : --- _Of bare wire:_ 8533 29 11 ---- Of nichrome u Free 8533 29 19 ---- Other u Free --- _Of insulated wire :_ 8533 29 21 ---- Of nichrome u Free 8533 29 29 ---- Other u Free - _Wirewound_ _variable resistors, including rheostats_ _and potentiometers_ _:_ 8533 31 -- _For a power handling capacity not exceeding_ _20 W:_ 8533 31 10 --- Potentiometers u Free 8533 31 20 --- Rheostats u Free 8533 31 90 --- Other u Free 8533 39 -- _Other_ : 8533 39 10 --- Potentiometers u Free 8533 39 20 --- Rheostats u Free 8533 39 90 --- Other u Free 8533 40 - _Other variable resistors, including rheostats and_ _potentiometers:_ 8533 40 10 --- Potentiometers u Free ----- **SECTION-XVI** **CHAPTER-85** **(1)** **(2)** **(3)** **(4)** **(5)** 8533 40 20 --- Rheostats u Free 8533 40 30 --- Thermistors u Free 8533 40 90 --- Other u Free 8533 90 00 - Parts u Free **8534 00 00** **PRINTED** **CIRCUITS** u Free **8535** **ELE** **CT RICAL** **AP PAR AT US** **F OR S WI T CH I NG O R** **PROTECTING ELECTRICAL CIRCUITS,** **OR FOR MAKING** **CONNECTIONS TO OR IN ELECTRICAL CIRCUITS** **(FOR** **EXAMPLE,** **SWITCHES,** **FUSES,** **LIGHTNING ARRESTERS,** **VOLTAGE LIMITERS, SURGE SUPPRESSORS, PLUGS AND** **OTHER CONNECTORS,** **JUNCTION BOXES),** **FOR** **VOLTAGE EXCEEDING** **1,000** **VOLTS** 8535 10 - _Fuses :_ **A** 8535 10 10 --- For switches having rating upto 15 amps, u 10% rewireable 8535 10 20 --- For switches having rating above 15 amps, u 10% high rupturing capacity or rewireable 8535 10 30 --- Other rewireable fuses u 10% 8535 10 40 --- Other high rupturing capacity fuses u 10% 8535 10 50 --- Fuses gear u 10% 8535 10 90 --- Other u 10% - _Automatic circuit breakers :_ 8535 21 -- _For a voltage of less than 72.5 kV:_ --- _SF6 circuit breakers :_ 8535 21 11 ---- For a voltage of 11 kV u 10% 8535 21 12 ---- For a voltage of 33 kV u 10% 8535 21 13 ---- For a voltage of 66 kV u 10% 8535 21 19 ---- Other u 10% --- _Vacuum circuit breakers :_ 8535 21 21 ---- For a voltage of 11 kV u 10% 8535 21 22 ---- For a voltage of 33 kV u 10% 8535 21 23 ---- For a voltage of 66 kV u 10% 8535 21 29 ---- Other u 10% 8535 21 90 --- Other u 10% 8535 29 -- _Other :_ --- _SF6 circuits breakers :_ 8535 29 11 ---- For a voltage of 132 kV u 10% 8535 29 12 ---- For a voltage of 220 kV u 10% 8535 29 13 ---- For a voltage of 400 kV u 10% 8535 29 19 ---- Other u 10% --- _Vacuum circuit breakers :_ 8535 29 21 ---- For a voltage of 132 kV u 10% ----- **SECTION-XVI** **CHAPTER-85** **(1)** **(2)** **(3)** **(4)** **(5)** 8535 29 22 ---- For a voltage of 220 kV u 10% 8535 29 23 ---- For a voltage of 400 kV u 10% 8535 29 29 ---- Other u 10% 8535 29 90 --- Other u 10% 8535 30 - _Isolating switches_ _and make-and-break switches:_ 8535 30 10 --- Of plastic u 10% 8535 30 90 --- Other u 10% 8535 40 - _Lightning arresters,_ _voltage limiters_ _and surge_ _suppressors :_ 8535 40 10 --- Lightning arresters u 7.5% 8535 40 20 --- Voltage limiters u 7.5% 8535 40 30 --- Surge suppressors u. 7.5% 8535 90 - _Other :_ 8535 90 10 --- Motor starters for AC motors u 7.5% 8535 90 20 --- Control gear and starters for DC motors u 7.5% 8535 90 30 --- Other control and switchgears u 7.5% 8535 90 40 --- Junction boxes u. 7.5% 8535 90 90 --- Other u 7.5% **8536** **ELE CT RICAL** **AP PAR AT US** **F OR** **S WI T CH I NG** **O R** **PROTECTING ELECTRICAL CIRCUITS,** **OR FOR MAKING** **CONNECTIONS TO OR IN ELECTRICAL CIRCUITS** **(FOR** **EXAM P LE,** **S WIT CH ES,** **RE LAYS,** **F USES,** **SUR GE** **SUPPRESSORS,** **PLUGS,** **SOCKETS,** **LAMP-HOLDERS AND** **OTHER CONNECTORS,** **JUNCTION BOXES),** **FOR** **A** **VO LTAG E** **N OT** **EXC E ED I NG** **1, 000** **VO LTS :** **CONNECTORS FOR OPTICAL FIBRES,** **OPTICAL FIBER** **BUNDLES OR CABLES.** 8536 10 - _Fuses :_ 8536 10 10 --- For switches having rating upto 15 amps, u 10% rewireable 8536 10 20 --- For switches having rating above 15 amps, u 10% high rupturing capacity or rewireable 8536 10 30 --- Other rewireable fuses u 10% 8536 10 40 --- Other high rupturing capacity fuses u 10% 8536 10 50 --- Fuses gear u 10% 8536 10 60 --- Electronic fuses u 10% 8536 10 90 --- Other u 10% 8536 20 - _Automatic circuit breakers :_ 8536 20 10 --- Air circuit breakers u 10% 8536 20 20 --- Moulded case circuit breakers u 10% 8536 20 30 --- Miniature circuit breakers u 10% 8536 20 40 --- Earth leak circuit breakers u 10% 8536 20 90 --- Other u 10% ----- **SECTION-XVI** **CHAPTER-85** **(1)** **(2)** **(3)** **(4)** **(5)** 8536 30 00 - Other apparatus for protecting electrical circuits u 10% - _Relays:_ 8536 41 00 -- For a voltage not exceeding 60 V u 15% 8536 49 00 -- Other u 15% 8536 50 - _Other switches :_ 8536 50 10 --- Control and switch gears u 10% 8536 50 20 --- Other switches of plastic u 10% 8536 50 90 --- Other u 10% - _Lamp-holders,_ _plugs and_ _sockets:_ 8536 61 -- _Lamp-holders :_ 8536 61 10 --- Of plastic u 10% 8536 61 90 --- Of other materials u 10% 8536 69 -- _Other_ : 8536 69 10 --- Of plastic u 10% 8536 69 90 --- Of other materials u 10% 8536 70 00 - Connectors for optical fibres, optical fibre bundles u. 7.5% or cables 8536 90 - _Other apparatus :_ 8536 90 10 --- Motor starters for AC motors u 10% 8536 90 20 --- Motor starters for DC motors u 10% 8536 90 30 --- Junction boxes u 10% 8536 90 90 --- Other u 10% **8537** **BOARDS, PANELS, CONSOLES, DESKS, CABINETS AND** **OTHER BASES, EQUIPPED WITH TWO OR MORE** **APPARATUS OF HEADING** **8535 OR** **8536, FOR** **ELECTRIC CONTROL OR THE DISTRIBUTION OF** **ELECTRICITY, INCLUDING THOSE INCORPORATING** **INSTRUMENTS OR APPARATUS OF CHAPTER 90, AND** **NUMERICAL** **CONTROL** **APPARATUS,** **OTHER** **THAN** **SWITCHING APPARATUS OF HEADING 8517** 8537 10 00 - For a voltage not exceeding 1,000 V kg. 15% 8537 20 00 - For a voltage exceeding 1,000 V kg. 15% **8538** **PARTS SUITABLE FOR USE SOLELY OR PRINCIPALLY** **WITH THE APPARATUS OF HEADINGS** **8535,** **8536** **OR 8537** 8538 10 - _Boards,_ _panels, consoles, desks, cabinets and_ 8538 10 10 -- _other bases for the goods of heading 8537,not_ _equipped with their apparatus:_ For industrial use u 7.5% 8538 10 90 --- Other kg. 7.5% 8538 90 00 - Other kg. 15% **8539** **EL E CTR I C F IL A M EN T** **O R** **D IS CH AR G E** **LA M P S** **INCLUDING SEALED BEAM LAMP UNITS AND ULTRA-** **VIOLET OR INFRA-RED LAMPS,** **ARC-LAMPS;** **LIGHT-** **EMITTING** **DIODE** **(LED)** **LIGHT** **SOURCES** ----- **SECTION-XVI** **CHAPTER-85** **(1)** **(2)** **(3)** **(4)** **(5)** 8539 10 00 - Sealed beam lamp units u 15% - _Other_ _filament_ _lamps,_ _excluding_ _ultra-violet_ _or infra-red lamps :_ 8539 21 -- _Tungsten halogen :_ --- _Other_ : 8539 21 10 ---- Miniature halogen lamps with fittings u 10% 8539 21 20 ---- Other for automobiles u 15% 8539 21 90 ---- Other u 10% 8539 22 00 -- Other, of a power not exceeding 200 W and for u 10% a voltage exceeding 100 V 8539 29 -- _Other_ : 8539 29 10 --- Of retail sale price not exceeding rupees u 10% 20 per bulb 8539 29 20 --- Bulb, for torches u 10% 8539 29 30 --- Miniature bulbs u 10% 8539 29 40 --- Other for automobile lamps u 15% 8539 29 90 --- Other u 10% - _Discharge lamps, other than ultra-violet lamps:_ 8539 31 -- _Fluorescent, hot cathode :_ 8539 31 10 --- Compact fluorescent lamps u 10% 8539 31 90 --- Other u 10% 8539 32 -- _Mercury or sodium vapour lamps; metal halide_ _lamps:_ 8539 32 10 --- Mercury vapour lamps u 10% 8539 32 20 --- Sodium vapour lamps u 10% 8539 32 30 --- Metal halide lamps u 10% 8539 39 -- _Other_ : 8539 39 10 --- Energy efficient triphosphor fluorescent lamps u 10% 8539 39 90 --- Other u 10% - _Ultra-violet or infra-red lamps; arc-lamps :_ 8539 41 00 -- Arc-lamps u 10% 8539 49 00 -- Other u 10% _Light-emitting diode (LED) light sources:_ Light-emitting diode (LED) modules Light-emitting diode (LED) lamps u u 8539 51 00 8539 52 00 -- 20% 20% 8539 90 - _Parts :_ 8539 90 10 --- Parts of fluorescent tube lamps kg. 10% 8539 90 20 --- Parts of arc-lamps kg. 10% 8539 90 90 --- Other kg. 10% **8540** **THERMIONIC,** **COLD** **CATHODE** **OR** **PHOTO-CATHODE** **VALVES AND TUBES** **(FOR EXAMPLE,** **VACUUM OR** **VAPOUR OR GAS FILLED VALVES AND TUBES, MERCURY** **ARC RECTIFYING VALVES AND TUBES,** **CATHODE-RAY** **TUBES,** **TELEVISION CAMERA TUBES)** ----- **SECTION-XVI** **CHAPTER-85** **(1)** **(2)** **(3)** **(4)** **(5)** _Cathode-ray television picture tubes, including_ _video monitor cathode-ray tubes :_ _Colour :_ Television picture tubes of 20‖ and 21‖ size, except 21‖ flat and full square (F and FST) colour TV picture tubes Video monitor cathode-ray tubes u u 8540 11 8540 11 10 8540 11 20 - -- -- 10% 10% 8540 11 90 --- Other u 10% 8540 12 00 -- Monochrome u 10% 8540 20 00 8540 40 8540 40 10 - - Television camera tubes; image converters and intensifiers; other photos-cathode tubes Data or graphic display tubes, monochrome; data or graphic display tubes, colour, with a phosphor dot screen pitch smaller than 0.4 mm: Data or graphic display tubes, monochrome u 10% u 10% 8540 40 20 - - - Data or graphic display tubes, colour, with a phosphor dot screen pitch smaller than 0.4 mm u free 8540 60 00 8540 71 00 8540 79 00 8540 81 00 8540 89 00 8540 91 00 - - - - - Other cathode-ray tubes _Microwave tubes (for example, magnetrons,_ _klystrons, travelling wave tubes, carcinotrons),_ _excluding grid-controlled tubes :_ Magnetrons Other _Other valves and tubes:_ Receiver or amplifier valves and tubes Other _Parts :_ Of cathode-ray tubes u u u u u kg. 10% 10% 10% 10% 10% 10% 8540 99 00 -- Other kg. 10% **8541** **SEMICONDUCTOR DEVICES (FOR EXAMPLE, DIODES,** **TRANSISTORS, SEMICONDUCTOR-BASED TRANSDUCERS);** **PHOTOSENSITIVE** **SEMICONDUCTOR,** **DEVICES,** **INCLUDING PHOTOVOLTAIC CELLS WHETHER OR NOT** **ASSEMBLED IN MODULES OR MADE UP INTO PANELS;** **LIGHT-EMITTING DIODES (LED), WHETHER OR NOT** **ASSEMBLED WITH OTHER LIGHT-EMITTING DIODES** **(LED); MOUNTED PIEZO-ELECTRIC CRYSTALS** 8541 10 00 - Diodes, other than photosensitive or light- emitting u Free diodes (LED) - _Transistors,_ _other_ _than_ _photosensitive_ _transistors :_ 8541 21 00 -- With a dissipation rate of less than 1 W u Free 8541 29 00 -- Other u Free 8541 30 - _Thyristors, diacs and triacs, other than_ _photosensitive devices :_ ----- 8541 30 10 --- Thyristors u Free 8541 30 90 --- Other u Free ### - Photosensitive semi-conductor devices, including _photo voltaic cells whether or not assembled_ _in_ _modules_ _or_ _made_ _up_ _into panels;_ _light-emitting_ _diodes (LED):_ 8541 41 00 -- Light-emitting diodes (LED) u free 8541 42 00 -- Photovoltaic cells not assembled in modules or made u 25% up into panels 8541 43 00 -- Photovoltaic cells assembled in modules or made up u 40% into panels 8541 49 00 -- Other u 40% - _Other semiconductor devices:_ 8541 51 00 -- Semiconductor-based transducers u 20% 8541 59 00 -- Other u 20% 8541 60 00 - Mounted piezo-electric crystals u Free 8541 90 00 - Parts kg. Free 8541 42 00 8541 43 00 - - **8542** **ELECTRONIC** **INTEGRATED** **CIRCUITS** - _Electronic_ _integrated_ _circuits:_ 8542 31 00 -- Processors and controllers, whether or not u Free combined with memories, converters, logic circuits, amplifiers, clock and timing circuits, or other circuits 8542 32 00 -- Memories u Free 8542 33 00 -- Amplifiers u Free 8542 39 00 -- Other u 7.5% 8542 90 00 - Parts kg. Free **8543** **ELECTRICAL** **MACHINES** **AND** **APPARATUS** **HAVING** **INDIVIDUAL FUNCTIONS, NOT SPECIFIED OR INCLUDING** **ELSEWHERE IN THIS CHAPTER** 8543 10 - _Particle accelerators:_ 8543 10 10 --- Ion implanters for doping semi-conductor material u Free 8543 10 20 --- Vane graff, cock-croft, Walton accelerators u 7.5% 8543 10 30 --- Synchrocyclotrons, synchrotrons u 7.5% 8543 10 90 --- Other including cyclotrons u 7.5% 8543 20 - _Signal_ _generators :_ 8543 20 10 --- Sweep generators u 7.5% 8543 20 20 --- Impulse generators u 7.5% 8543 20 30 --- Tacho generators u 7.5% 8543 20 90 --- Other u 7.5% 8543 30 00 --- Machines and apparatus for electroplating, u 7.5% electrolysis or electrophoresis 8543 40 00 - Electronic cigarettes and similar personal electric u 7.5% vaporising devices 8543 70 - _Other_ _machines_ _and_ _apparatus:_ 8543 70 11 ---- Proximity card and tags u Free 8543 70 12 ---- Metal detector u 7.5% 8543 70 13 ---- Mine detector u 7.5% 8543 70 19 ---- Other u 7.5% --- _Audio_ _special_ _effect_ _equipment:_ 8543 70 21 ---- Digital reverberators u 7.5% ----- g y g 8543 70 34 ---- Paint box u 7.5% 8543 70 35 ---- Video typewriter u 7.5% 8543 70 36 ---- Video matting machine u 7.5% 8543 70 39 ---- Other u 7.5% --- _Edit control Unit:_ 8543 70 41 ---- Computerised editing system controlling more than u 7.5% three video editing machines 8543 70 42 ---- Other video control unit u 7.5% 8543 70 49 ---- Other u 7.5% 8543 70 50 --- Colour corrector u 7.5% --- _Amplifier:_ 8543 70 61 ---- Broadcast amplifier u 7.5% 8543 70 62 ---- Limiting amplifier, video distribution amplifier and u 7.5% stabilizing amplifiers 8543 70 69 ---- Other u 7.5% --- _Graphic_ _equalizer_ _and_ _synthesized_ _receivers:_ 8543 70 71 ---- Graphic equalizer u 7.5% 8543 70 72 ---- Synthesised receivers u 7.5% --- _Other:_ 8543 70 91 ---- RF(radio frequency) power amplifier and noise u 7.5% generators for communication jamming equipment, static and mobile or man-portable 8543 70 92 ---- Equipment gadgets based on solar energy u 7.5% 8543 70 93 ---- Professional beauty care equipment u 7.5% 8543 70 94 ---- Audio visual stereo encoders u 7.5% 8543 70 95 ---- Time code generator u 7.5% 8543 70 99 ---- Other u 7.5% 8543 90 00 - Parts kg. 7.5% **8544** **INSULATED** **(INCLUDING** **ENAMELLED** **OR** **ANODISED)** **WIRE,** **CABLE** **(INCLUDING CO-AXIAL CABLE)** **AND** **OTHER INSULATED ELECTRIC CONDUCTORS, WHETHER** **OR NOT FITTED WITH CONNECTORS;** **OPTICAL FIBRE** **CABLES,** **MADE UP OF INDIVIDUALLY SHEATHED** **F IBRES,** **WHE TH ER O R N OT A SS EMB LED** **WI TH** **ELECTRIC CONDUCTORS OR FITTED WITH CONNECTORS** - _Winding wire :_ 8544 11 -- _Of_ _copper:_ 8544 11 10 --- Enamelled m 10% 8544 11 90 --- Other m 10% 8544 19 -- _Other_ : 8544 19 10 --- Asbestos covered m 15% 8544 19 20 --- Plastic insulated m 15% 8544 19 30 --- Rubber insulated m 15% 8544 19 90 --- Other m 15% 8544 20 - _Co-axial cable and other co-axial electric_ _conductors_ _:_ 8544 20 10 --- Co-axial cable m 10% 8544 20 90 --- Other m 10% 8544 30 00 - Ignition wiring sets and other wiring sets of a m 15% kind used in vehicles, aircraft or ships -- _Other electric conductors, for a voltage not_ _exceeding_ _1,000V:_ ----- 8544 42 91 ---- Paper insulated, of a kind used in m 15% telecommunication 8544 42 92 ---- Plastic insulated, of a kind used in m 15% telecommunication 8544 42 93 ---- Rubber insulated, of a kind used in m 15% telecommunication 8544 42 99 ---- Other m 15% 8544 49 -- _Other:_ 8544 49 10 --- Paper insulated m 15% 8544 49 20 --- Plastic insulated m 15% 8544 49 30 --- Rubber insulated m 15% --- _Other:_ m 15% 8544 49 91 ---- Paper insulated, of a kind used in m 15% telecommunication 8544 49 92 ---- Plastic insulated, of a kind used in m 15% telecommunication 8544 49 93 ---- Rubber insulated, of a kind used in m 15% telecommunication 8544 49 99 ---- Other m 15% 8544 60 - _Other electric conductors, for a voltage_ _exceeding 1000 V :_ 8544 60 10 --- Paper insulated m 10% 8544 60 20 --- Plastic insulated m 10% 8544 60 30 --- Rubber insulated m 10% 8544 60 90 --- Other m 10% 8544 70 - _Optical fibre cables :_ 8544 70 10 --- Lead alloy sheathed cables for lighting purposes m Free 8544 70 90 --- Other m Free **8545** **CARBON ELECTRODES, CARBON BRUSHES, LAMP** **CARBONS, BATTERY CARBONS AND OTHER ARTICLES OF** **GRAPHITE OR OTHER CARBON, WITH OR WITHOUT** **METAL, OF** **A KIND** **USED FOR** **ELECTRICAL** **PURPOSES** - _Electrodes :_ 8545 11 00 -- Of a kind used for furnaces kg. 7.5% 8545 19 00 -- Other kg. 7.5% 8545 20 00 - Brushes kg. 7.5% 8545 90 - _Other :_ 8545 90 10 --- Arc-lamp carbon kg. 7.5% 8545 90 20 --- Battery carbon kg. 7.5% 8545 90 90 --- Other kg. 7.5% **8546** **ELECTRICAL** **INSULATORS** **OF** **ANY** **MATERIAL** 8546 10 00 - Of glass kg. 7.5% 8546 20 - _Of ceramics :_ --- _Porcelain discs and strings :_ 8546 20 11 ---- Porcelain below 6.6 kV kg. 7.5% 8546 20 19 ---- Other kg. 7.5% --- _Porcelain post insulators :_ 8546 20 21 ---- Below 6.6 kV kg. 7.5% 8546 20 22 ---- 6.6 kV or above but upto 11 kV kg. 7.5% 8546 20 23 ---- Above 11 kV but upto 66 kV kg. 7.5% 8546 20 24 ---- Above 66 kV but upto 132 kV kg. 7.5% 8546 20 29 Ab 132 kV k 7 5% ----- 8546 20 40 --- Other high tension procelain solid core insulators kg. 7.5% 8546 20 50 --- Other low tension procelain insulators including kg. 7.5% telegraph and telephone insulators 8546 20 90 --- Other kg. 7.5% 8546 90 - _Other_ : 8546 90 10 --- Heat shrinkable components kg. 7.5% 8546 90 90 --- Other kg. 7.5% **8547** **INSULATING FITTINGS FOR ELECTRICAL MACHINES,** **APPLIANCES OR EQUIPMENT, BEING FITTINGS WHOLLY OF** **INSULATING** **MATERIAL** **APART** **FROM** **ANY** **MINORCOMPONENTS OF METAL (FOR EXAMPLE, THREADED** **SOCKETS) INCORPORATED DURING MOULDING SOLELY FOR** **THE PURPOSES OF ASSEMBLY, OTHER THAN INSULATORS** **OF** **HEADING** **8546; ELECTRICAL CONDUIT TUBING AND** **JOINTS** **THEREFOR,** **OF** **BASE METAL** **LINED** **WITH** **INSULATING** **MATERIAL** 8547 10 - Insulating fittings of ceramics : 8547 10 10 --- Porcelain bushing below 6.6 kV kg. 7.5% 8547 10 20 --- Porcelain bushings for voltage 6.6 kV or above kg. 7.5% but below 11 kV 8547 10 30 --- Porcelain bushings for voltage 11 kV or above kg. 7.5% but below 66 kV 8547 10 40 --- Porcelain bushings for voltage 66 kV or above kg. 7.5% 8547 10 90 --- Other kg. 7.5% 8547 20 00 - Insulating fittings of Plastics kg. 7.5% 8547 90 - Other : 8547 90 10 --- Electrical insulating fittings of glass kg. 7.5% 8547 90 20 --- Electrical conduit tubing and joints therefore, of kg. 7.5% base metal lined with insulating material 8547 90 90 --- Other **8548 00 00** **ELECTRICAL PARTS OF MACHINERY OR APPARATUS, NOT** u 10% **SPECIFIED OR INCLUDED ELSEWHERE IN THIS CHAPTER** **8549** **ELECTRICAL AND ELECTRONIC WASTE AND SCRAP** ### - Waste and scrap of primary cells, primary batteries and electric accumulators; spent primary cells, spent primary batteries and spent electric accumulators; 8549 11 00 -- Waste and scrap of lead-acid accumulators; spent leadacid accumulators ### -- Other, containing lead, cadmium or mercury 8549 12 00 8549 13 00 -- Sorted by chemical type and not containing lead, cadmium or mercury 8549 14 00 -- Unsorted and not containing lead, cadmium or Mercury 8549 19 00 -- Other ### - Of a kind used principally for the recovery of _precious metal:_ 8549 21 00 -- Containing primary cells, primary batteries, electric accumulators, mercury-switches, glass from cathoderay tubes or other activated glass, or electrical or electronic components containing cadmium, mercury, lead or polychlorinated biphenyls (PCBs) 8549 29 00 -- Other - _Other electrical and electronic assemblies and printed_ _circuit boards:_ kg. 10% kg. kg. kg. kg. 10% 10% 10% 10% kg. 10% kg. 10% ----- kg. kg. kg. 10% 10% 10% 8549 39 00 8549 91 00 8549 99 00 - - - p g y lead or polychlorinated biphenyls (PCBs) Other _Other:_ Containing primary cells, primary batteries, electric accumulators, mercury-switches, glass from cathoderay tubes or other activated glass, or electrical or electronic components containing cadmium, mercury, lead or polychlorinated biphenyls (PCBs)‗ Other ----- **SECTION-XVII** **CHAPTER-86** **SECTION XVII** **VEHICLES, AIRCRAFT, VESSELS AND ASSOCIATED** **TRANSPORT EQUIPMENT** **NOTES** **:** 1. This Section does not cover articles of heading 9503 or 9508 or bobsleighs, toboggans and the like of heading 9506. 2. The expressions ―parts‖ and ―parts and accessories‖ do not apply to the following articles, whether or not they are identifiable as for the goods of this Section: (a) joints, washers or the like of any material (classified according to their constituent material or in heading 8484) or other articles of vulcanised rubber other than hard rubber (heading 4016); (b) parts of general use, as defined in Note 2 to Section XV, of base metal (Section XV), or similar goods of plastics (Chapter 39); (c) articles of Chapter 82 (tools); (d) articles of heading 8306; (e) machines and apparatus of headings 8401 to 8479, or parts thereof, other than the radiators for the articles of this Section, articles of heading 8481 or 8482 or, provided they constitute integral parts of engines and motors, articles of heading 8483; (f) electrical machinery or equipment (Chapter 85); (g) articles of Chapter 90; (h) articles of Chapter 91; (ij) arms (Chapter 93); (k) luminaries and lighting fittings and parts thereof heading 9405; or (l) brushes of a kind used as parts of vehicles (heading 9603). 3. References in Chapters 86 to 88 to ―parts‖ or ― accessories‖ do not apply to parts or accessories which are not suitable for use solely or principally with the articles of those Chapters. A part or accessory which answers to a description in two or more of the headings of those Chapters is to be classified under that heading which corresponds to the principal use of that part of accessory. 4. For the purposes of this Section: (a) vehicles specially constructed to travel on both road and rail are classified under the appropriate heading of Chapter 87; (b) amphibious motor vehicles are classified under the appropriate heading of Chapter 87; (c) aircraft specially constructed so that they can also be used as road vehicles are classified under the appropriate heading of Chapter 88. 5. Air-cushion vehicles are to be classified within this Section with the vehicles to which they are most akin as follows: (a) in Chapter 86 if designed to travel on a guide-track (hovertrains); (b) in Chapter 87 if designed to travel over land or over both land and water; (c) in Chapter 89 if designed to travel over water, whether or not able to land on beaches or landing - stages or also able to travel over ice. ----- **SECTION-XVII** **CHAPTER-86** Parts and accessories of air-cushion vehicles are to be classified in the same way as those of vehicles of the heading in which the air-cushion vehicles are classified under the above provisions. Hovertrain track fixtures and fittings are to be classified as railway track fixtures and fittings, and signalling, safety or traffic control equipment for hovertrain transport systems as signalling, safety or traffic control equipment for railways. **CHAPTER** **86** **_Railway or tramway locomotives, rolling-stock and parts thereof; railway or tramway track fixtures_** **_and fittings and parts thereof; mechanical (including electro-mechanical) traffic signalling equipment_** **_of all kinds_** **NOTES** **:** 1. This Chapter does not cover : (a) railway or tramway sleepers of wood or of concrete, or concrete guide-track sections for hovertrains (heading 4406 or 6810); (b) railway or tramway track construction material of iron or steel of heading 7302; or (c) electrical signalling, safety or traffic control equipment of heading 8530. 2. Heading 8607 applies, inter alia, to: (a) axles, wheels, wheel sets (running gear), metal tyres, hoops and hubs and other parts of wheels; (b) frames, under frames, bogies and bissel-bogies; (c) axle boxes, brake gear; (d) buffers for rolling-stock; hooks and other coupling gear and corridor connections; (e) coachwork. 3. Subject to the provisions of Note 1 above, heading 8608 applies, inter alia, to : (a) assembled track, turntables, platform buffers, loading gauges; (b) semaphores, mechanical signal discs, level crossing control gear, signal and point controls and other mechanical (including electro-mechanical) signalling, safety or traffic control equipment, whether or not fitted for electric lighting, for railways, tramways, roads, inland waterways, parking facilities, port installations or airfields. **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **RAIL LOCOMOTIVES POWERED FROM AN EXTERNAL** **8601** **SOURCE** **OF** **ELECTRICITY** **OR** **BY** **ELECTRIC** **ACCUMULATORS** 8601 10 00 - Powered from an external source of electricity u 10% ----- **SECTION-XVII** **CHAPTER-86** **(1)** **(2)** **(3)** **(4)** **(5)** 8601 20 00 - Powered by electric accumulators u 10% **8602** **OTHER** **RAIL** **LOCOMOTIVES;** **LOCOMOTIVE** **TENDERS** 8602 10 00 - Diesel-electric locomotives u 10% 8602 90 - _Other :_ 8602 90 10 --- Steam locomotives and tenders thereof u 10% 8602 90 90 --- Other u 10% **8603** **SELF-PROPELLED** **RAILWAY** **OR** **TRAMWAY** **COACHES,** **VANS AND TRUCKS,** **OTHER THAN THOSE OF HEADING** **8604** 8603 10 00 - Powered from an external source of u 10% u 8603 90 00 electricity Other 10% **8604 00 00** **RAILWAY OR TRAMWAY MAINTENANCE OR SERVICE** **VEHICLES WHETHER OR NOT SELF-PROPELLED (FOR** **EXAMPLE, WORKSHOPS, CRANES, BALLAST TAMPERS,** **TRACK-LINERS,TESTING COACHES ANDTRACK INSPECTION** **VEHICLES)** **8605 00 00** **RAILWAY OR TRAMWAY PASSENGER COACHES,** **NOT SELF-** **PROPELLED; LUGGAGE VANS, POST OFFICE COACHES** **AND OTHER SPECIAL PURPOSE RAILWAY OR TRAMWAY** **COACHES,** **NOT** **SELF-PROPELLED** **(EXCLUDING** **THOSE** **OF HEADING** **8604)** **8606** **RAILWAY OR TRAMWAY GOODS VANS AND WAGONS,** **NOT** **SELF-PROPELLED** 8606 10 - _Tank wagons and the like :_ 8606 10 10 --- Four wheeler tank wagons of pay-load exceeding 23 tonnes 8606 10 20 --- Eight wheeler tank wagons of pay-load not exceeding 60 tonnes u 10% u 10% u 10% u 10% 8606 10 90 --- Other u 10% 8606 30 00 - Self-discharging vans and wagons, other than u 10% those of sub-heading 8606 10 - _Other :_ 8606 91 -- _Covered and closed :_ 8606 91 10 --- Meter guage eight wheeler covered wagons of u 10% 8606 91 20 8606 91 90 -- -- pay-load not exceeding 38 tonnes Broad guage eight wheeler covered wagons of pay-load not exceeding 60 tonnes Other u u 10% 10% ----- **SECTION-XVII** **CHAPTER-86** **(1)** **(2)** **(3)** **(4)** **(5)** 8606 92 -- _Open_ _with_ _non-removable_ _sides_ _of_ _a height_ _exceeding 60 cms :_ 8606 92 10 --- Bogie eight wheeler wagons of pay-load not u 10% u u 8606 92 20 8606 92 90 -- -- exceeding 60 tonnes Broad guage bogie eight wheeler wagons of pay-load exceeding 60 tonnes but not exceeding 67 tonnes Other 10% 10% 8606 99 00 -- Other u 10% **8607** **PARTS** **OF** **RAILWAY** **OR** **TRAMWAY** **LOCOMOTIVES** **OR** **ROLLING-STOCK** - _Bogies, bissel-bogies, axles and wheels,_ _and parts thereof :_ 8607 11 00 -- Driving bogies and bissel-bogies kg. 10% 8607 12 00 -- Other bogies and bissel-bogies kg. 10% 8607 19 -- _Other including parts :_ 8607 19 10 --- Axles, wheels for coaches, van and wagons kg. 10% 8607 19 20 -- (rolling-stock) Axles and wheels for locomotives kg. 10% 8607 19 30 --- Axle boxes (lubricating or grease box) kg. 10% 8607 19 90 8607 21 00 -- - Other parts of axles and wheels _Brakes and parts thereof :_ Air brakes and parts thereof kg. kg. 10% 10% 8607 29 00 -- Other kg. 10% 8607 30 - _Hooks and other coupling devices, buffers_ _and parts thereof :_ 8607 30 10 --- Buffers and coupling devices kg. 10% 8607 30 90 8607 91 00 -- - Other _Other :_ Of locomotives kg. kg. 10% 10% 8607 99 -- _Other :_ 8607 99 10 --- Parts of coach work of railway running stock kg. 10% 8607 99 20 --- Parts of tramway, locomotives and running kg. 10% kg. 8607 99 30 -- stock Hydraulic shock absorbers for railway bogies 10% 8607 99 90 --- Other kg. 10% **8608** **RAILWAY OR TRAMWAY TRACK FIXTURES AND** **FITTINGS; MECHANICAL** **(INCLUDING ELECTO-** **MECHANICAL) SIGNALLING, SAFETY OR TRAFFIC** **CONTROL EQUIPMENT FOR RAILWAY, TRAMWAYS,** **ROADS, INLAND WATERWAYS, PARKING FACILITIES,** **PORT** **INSTALLATION** **OR** **AIR-FIELDS;** **PARTS** **OF** **THE** **FOREGOING** ----- **SECTION-XVII** **CHAPTER-86** **(1)** **(2)** **(3)** **(4)** **(5)** 8608 00 8608 00 10 -- _Railway or tramway track fixtures and fittings;_ _mechanical_ _(including_ _electo-mechanical)_ _signalling, safety or traffic control equipment_ _for_ _railway,_ _tramways,_ _roads,_ _inland_ _waterways, parking facilities, port installation_ _or air-fields; parts of the foregoing :_ Railway and tramway track fixtures and fittings kg. 10% 8608 00 20 --- Mechanical equipment, not electrically powered for signalling to, or controlling, road rail or other vehicles, ships or aircraft kg. 10% 8608 00 30 --- Other traffic control equipment for railways kg. 10% 8608 00 40 8608 00 90 -- -- Other traffic control equipment for roads or inland waterways including automatic traffic control equipment for use at ports and airports Other kg. kg 10% 10% **8609 00 00** **CONTAINERS** **(INCLUDING CONTAINERS FOR THE** **TRANSPORT OF FLUIDS) SPECIALLY DESIGNED AND** **EQUIPPED FOR CARRIAGE BY ONE OR MORE MODES OF** **TRANSPORT** u 10% ----- **SECTION-XVII** **CHAPTER-87** **CHAPTER** **87** **_Vehicles other than railway or tramway rolling-stock, and parts and_** **_accessories thereof_** **NOTES** **:** 1. This Chapter does not cover railway or tramway rolling-stock designed solely for running on rails. 2. For the purposes of this Chapter, ―tractors‖ means vehicles constructed essentially for hauling or pushing another vehicle, appliance or load, whether or not they contain subsidiary provision for the transport,in connection with the main use of the tractor, of tools, seeds, fertilizers or other goods. Machines and working tools designed for fitting to tractors of heading 8701 as interchangeable equipment remain classified in their respective headings even if presented with the tractor, and whether or not mountedon it. 3. Motor chassis fitted with cabs fall in headings 8702 to 8704, and not in heading 8706. 4. Heading 8712 includes all children‗s bicycles. Other children‗s cycles fall in heading 9503. **Sub Heading Note:** 1. Sub-heading 8708 22 covers : (a) front windscreens (windshields), rear windows and other windows, framed; and (b) front windscreens (windshields), rear windows and other windows, whether or not framed, incorporating heating devices or other electrical or electronic devices, when suitable for use solely or principally with the motor vehicles of headings 8701 to 8705. **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **8701** **TRACTORS** **(OTHER** **THAN** **TRACTORS** **OF HEADING 8709)** 8701 10 00 - Single axle tractors u 10% 8701 21 00 - _Road tractors for semi-trailers :_ -- With only compression-ignition internal combustion u 10% piston engine (diesel or semi-diesel) 8701 22 00 --- With both compression-ignition internal combustion u 10% piston engine (diesel or semi-diesel) and electric motor as motors for propulsion 8701 23 00 -- With both spark-ignition internal combustion piston u 10% engine and electric motor as motors for propulsion 8701 24 00 -- With only electric motor for propulsion u 10% 8701 29 00 - Other u 10% 8701 30 - _Track-laying_ _tractors :_ --- _Garden tractors :_ 8701 30 11 ---- Of engine capacity not exceeding 1,800 cc u 10% 8701 30 19 ---- Other u 10% --- _Other :_ 8701 30 91 ---- Of engine capacity not exceeding 1,800 cc u 10% 8701 30 99 ---- Other u 10% - Other of an engine power: ----- 8701 93 00 -- Exceeding 37 kW but not exceeding 75 kW u 10% 8701 94 00 -- Exceeding 75 kW but not exceeding 130 kW u 10% 8701 95 00 -- Exceeding 130 kW u 10% **8702** **MOTOR** **VEHICLES** **FOR** **THE** **TRANSPORT** **OF** **TEN** **OR** **MORE PERSONS,** **INCLUDING THE DRIVER** 8702 10 - _With_ _only_ _compression-ignition_ _internal_ _combustion piston engine (diesel or semi-diesel):_ --- _Vehicles for transport of not more than 13_ _persons, including the driver:_ 8702 10 11 ---- Integrated monocoque vehicle, air-conditioned u 40% 8702 10 12 ---- Integrated monocoque vehicle, non air-conditioned u 40% 8702 10 18 ---- Other, air-conditioned u 40% 8702 10 19 ---- Other, non air-conditioned u 40% --- _Other:_ 8702 10 21 ---- Integrated monocoque vehicle, air-conditioned u 40% 8702 10 22 ---- Integrated monocoque vehicle, non air-conditioned u 40% 8702 10 28 ---- Other, air-conditioned u 40% 8702 10 29 ---- Other, non air-conditioned u 40% 8702 20 - _With_ _both_ _compression-ignition_ _internal_ _combustion piston engine (diesel or semi- diesel)_ _and electric motor as motors for propulsion:_ _--- Vehicles for transport of not more than 13_ _persons, including the driver:_ 8702 20 11 ---- Integrated monocoque vehicle, air-conditioned u 40% 8702 20 12 ---- Integrated monocoque vehicle, non air-conditioned u 40% 8702 20 18 ---- Other, air-conditioned u 40% 8702 20 19 ---- Other, non air-conditioned u 40% --- _Other:_ 8702 20 21 ---- Integrated monocoque vehicle, air-conditioned u 40% 8702 20 22 ---- Integrated monocoque vehicle, non air-conditioned u 40% 8702 20 28 ---- Other, air-conditioned u 40% 8702 20 29 ---- Other, non air-conditioned u 40% 8702 30 - _With both spark-ignition internal combustion_ _piston engine and electric motor as motors for_ _propulsion:_ --- _Vehicles for transport of not more than 13_ _persons, including the driver:_ 8702 30 11 ---- Integrated monocoque vehicle, air-conditioned u 40% 8702 30 12 ---- Integrated monocoque vehicle, non air-conditioned u 40% 8702 30 18 ---- Other, air-conditioned u 40% 8702 30 19 ---- Other, non air-conditioned u 40% --- _Other:_ 8702 30 21 ---- Integrated monocoque vehicle, air-conditioned u 40% 8702 30 22 ---- Integrated monocoque vehicle, non air-conditioned u 40% 8702 30 28 ---- Other, air-conditioned u 40% 8702 30 29 ---- Other, non air-conditioned u 40% 8702 40 - _With only electric motor for propulsion:_ --- _Vehicles for transport of not more than 13persons,_ u 8702 40 11 --- _including the driver:_ Integrated monocoque vehicle, air-conditioned 40% 8702 40 12 I d hi l i di i d 40% ----- 8702 40 19 8702 40 21 --- -- --- Other, non air-conditioned _Other:_ Integrated monocoque vehicle, air-conditioned u u 40% 40% 8702 40 22 ---- Integrated monocoque vehicle, non air-conditioned u 40% 8702 40 28 ---- Other, air-conditioned u 40% 8702 40 29 ---- Other, non air-conditioned u 40% 8702 90 - _Other:_ --- _Vehicles_ _for_ _transport_ _of_ _not_ _more_ _than_ _13_ _persons, including the driver:_ 8702 90 11 ---- Integrated monocoque vehicle, air-conditioned u 40% 8702 90 12 ---- Integrated monocoque vehicle, non air-conditioned u 40% 8702 90 18 ---- Other, air-conditioned u 40% 8702 90 19 8702 90 21 --- -- --- Other, non air-conditioned _Other:_ Integrated monocoque vehicle, air-conditioned u u 40% 40% 8702 90 22 ---- Integrated monocoque vehicle, non air-conditioned u 40% 8702 90 28 ---- Other, air-conditioned u 40% 8702 90 29 ---- Other, non air-conditioned u 40% **8703** **MOTOR** **CARS** **AND** **OTHER** **MOTOR** **VEHICLES** **PRINCIPALLY DESIGNED FOR THE TRANSPORT OF** **PERSONS** **(OTHER** **THAN** **THOSE** **OF** **HEADING** **8702),** **INCLUDING STATION WAGONS AND RACING CARS** 8703 10 - _Vehicles specially designed for travelling on snow;_ _golf cars and similar vehicles :_ 8703 10 10 --- Electrically operated u 125% 8703 10 90 --- Other u 125% - _Other vehicles, with only spark-ignition internal_ _combustion piston engine :_ 8703 21 -- _Of a cylinder capacity not exceeding 1,000 cc :_ 8703 21 10 --- Vehicles principally designed for the transport of u 125% more than seven persons, including the driver 8703 21 20 --- Three-wheeled vehicles u 125% --- _Other :_ 8703 21 91 ---- Motor cars u 125% 8703 21 20 -- 8703 21 92 ---- Specialised transport vehicles such as ambulances, u 125% prison vans and the like 8703 21 99 ---- Other u 125% 8703 22 -- _Of a cylinder capacity exceeding_ _1,000 cc but not_ _exceeding 1,500 cc :_ 8703 22 10 --- Vehicles principally designed for the transport of u 125% more than seven persons, including the driver 8703 22 20 --- Specialised transport vehicles such as u 125% ambulances, prison vans and the like 8703 22 30 --- Three-wheeled vehicles u 125% --- _Other :_ 8703 22 91 ---- Motor cars u 125% 8703 22 99 ---- Other u 125% 8703 23 -- _Of a cylinder capacity exceeding 1,500 cc_ _but not exceeding 3,000 cc :_ 8703 23 10 --- Vehicles principally designed for the transport u 125% of more than seven persons including the driver ----- 8703 23 91 ---- Motor cars u 125% 8703 23 92 ---- Specialised transport vehicles such as u 125% ambulances, prison vans and the like 8703 23 99 ---- Other u 125% 8703 24 -- _Of a cylinder capacity exceeding 3,000 cc :_ 8703 24 10 --- Vehicles principally designed for the transport u 125% of more than seven persons, including the driver 8703 24 20 --- Three-wheeled vehicles u 125% --- _Other :_ 8703 24 91 ---- Motor cars u 125% 8703 24 92 ---- Specialised transport vehicles such as u 125% ambulances, prison vans and the like 8703 24 99 ---- Other u 125% - _Other_ _vehicles,_ _with_ _only_ _compression-ignition_ _internal combustion piston engine (diesel or_ _semi-diesel) :_ 8703 31 -- _Of a cylinder capacity not exceeding 1,500 cc :_ 8703 31 10 --- Vehicles principally designed for the transport u 125% of more than seven persons, including the driver 8703 31 91 ---- Motor cars u 125% 8703 31 92 ---- Specialised transport vehicles such as u 125% ambulances, prison vans and the like 8703 31 99 ---- Other u 125% 8703 32 -- _Of a cylinder capacity exceeding 1,500 cc_ _but not exceeding 2,500 cc :_ 8703 32 10 --- Vehicles principally designed for the transport u 125% of more than seven persons, including the driver --- _Other :_ 8703 32 91 ---- Motor cars u 125% 8703 32 92 ---- Specialized transport vehicles such as u 125% ambulances, prison vans and the like 8703 32 99 ---- Other u 125% 8703 33 -- _Of a cylinder capacity exceeding 2,500 cc :_ 8703 33 10 --- Vehicles principally designed for the transport u 125% of more than seven persons, including the driver 8703 33 20 --- Three-wheeled vehicles u 125% --- _Other :_ 8703 33 91 ---- Motor cars u 125% 8703 33 92 ---- Specialised transport vehicles such as u 125% ambulances, prison vans and the like 8703 33 99 ---- Other u 125% 8703 40 - _Other vehicles, with both spark-ignition internal_ _combustion piston engine and electric motor as_ _motors for propulsion, other than those capable_ _of being charged by plugging to external source of_ _electric power:_ 8703 40 10 --- Vehicles principally designed for transport of more u 125% than seven persons, including driver 8703 40 20 --- Specialised transport vehicles such as ambulances, u 125% prison vans and the like 8703 40 30 --- Motor cars u 125% h h l d hi l 5 ----- 8703 50 - _Other vehicles, with both compression-ignition_ _internal combustion piston engine (diesel or semi-_ _diesel) and electric motor as motors for propulsion,_ _other than those capable of being charged by_ _plugging to external source of electric power:_ 8703 50 10 --- Vehicles principally designed for transport of more u 125% than seven persons, including driver 8703 50 20 --- Specialised transport vehicles such as ambulances, u 125% prison vans and the like 8703 50 30 --- Motor cars u 125% 8703 50 40 --- Three-wheeled vehicles u 125% 8703 50 90 --- Other u 125% 8703 60 - _Other vehicles, with both spark-ignition internal_ _combustion piston engine and electric motor as_ _motors for propulsion, capable of being charged_ _by plugging to external source of electric power:_ 8703 60 10 --- Vehicles principally designed for transport of more u 125% than seven persons, including driver 8703 60 20 --- Specialised transport vehicles such as ambulances, u 125% prison vans and the like 8703 60 30 --- Motor cars u 125% 8703 60 40 --- Three-wheeled vehicles u 125% 8703 60 90 --- Other u 125% 8703 70 - _Other vehicles, with both compression-ignition_ _internal combustion piston engine (diesel or_ _semi-diesel) and electric motor as motors for_ _propulsion, capable of being charged by_ _plugging to external source of electric power:_ 8703 70 10 --- Vehicles principally designed for transport of more u 125% than seven persons, including driver 8703 70 20 --- Specialised transport vehicles such as ambulances, u 125% prison vans and the like 8703 70 30 --- Motor cars u 125% 8703 70 40 --- Three-wheeled vehicles u 125% 8703 70 90 --- Other u 125% 8703 80 - _Other vehicles, with only electric motor for_ _propulsion:_ 8703 80 10 --- Vehicles principally designed for transport of more u 125% than seven persons, including driver 8703 80 20 --- Specialised transport vehicles such as ambulances, u 125% prison vans and the like 8703 80 30 --- Motor cars u 125% 8703 80 40 --- Three-wheeled vehicles u 125% 8703 80 90 --- Other u 125% 8703 90 00 - Other u 125% **8704** **MOTOR** **VEHICLES** **FOR** **THE** **TRANSPORT** **OF** **GOODS** 8704 10 - _Dumpers designed for off-highway use :_ 8704 10 10 8704 10 90 -- -- 40% 40% With net weight (excluding pay-load) exceeding 8 tonnes and maximum pay-load capacity not less than 10 tonnes Other u u ----- 8704 21 00 -- g.v.w. not exceeding 5 tonnes u 40% 8704 22 00 -- g.v.w. exceeding 5 tonnes but not exceeding u 40% 20 tonnes: 8704 23 00 -- g.v.w. exceeding 20 tonnes u 40% _-_ _Other, with only spark-ignition internal combustion_ _piston engine:_ 8704 31 00 -- g.v.w. not exceeding 5 tonnes u 40% 8704 32 00 - u 40% 8704 32 00 -- g.v.w. exceeding 5 tonnes u 40% - _Other, with both compression-ignition internal_ _combustion piston engine_ (diesel or semi-diesel) _and electric motor as motors for propulsion_ 8704 41 00 -- g.v.w. not exceeding 5 tonnes u 40% 8704 42 00 -- g.v.w. exceeding 5 tonnes but not exceeding u 40% 20 tonnes 8704 43 00 -- g.v.w. exceeding 20 tonnes u 40% - _Other, with both spark-ignition internal combustion_ _piston_ _engine_ _and_ _electric_ _motor_ _as_ _motors_ _for_ _propulsion:_ 8704 51 00 -- g.v.w.not exceeding 5 tonnes u 40% 8704 52 00 -- g.v.w. exceeding 5 tonnes u 40% 8704 60 00 - Other with only electric motor for propulsion u 40% 8704 90 - _Other :_ --- _Lorries_ _and_ _trucks:_ 8704 90 11 ---- Refrigerated u 40% 8704 90 12 ---- Electrically operated u 40% 8704 90 19 ---- Other u 40% 8704 90 90 --- Other u 40% **8705** **SPECIAL** **PURPOSE** **MOTOR** **VEHICLES,** **OTHER** **THAN** **THOSE PRINCIPALLY DESIGNED FOR THE TRANSPORT OF** **PERSONS** **OR** **GOODS** **(FOR** **EXAMPLE,** **BREAKDOWN** **LORRIES,** **CRANE LORRIES,** **FIRE FIGHTING VEHICLES,** **CONCRETE-MIXERS** **LORRIES,** **SPRAYING** **LORRIES,** u 8705 10 00 **MOBILE WORKSHOPS,** **MOBILE RADIOLOGICAL UNITS)** Crane lorries 10% 8705 20 00 - Mobile drilling derricks u 10% 8705 30 00 - Fire fighting vehicles u 10% 8705 40 00 - Concrete-mixer lorries u 10% 8705 90 00 - Other u 10% **8706** **CHASSIS** **FITTED** **WITH** **ENGINES,** **FOR** **THE** **MOTOR** **VEHICLES OF HEADINGS 8701** **TO 8705** 8706 00 - _Chassis fitted with engines, for the motor_ _vehicles of headings 8701 to 8705:_ --- _For the tractors of heading_ _8701_ : 8706 00 11 ---- Of engine capacity not exceeding 1,800 cc u 15% 8706 00 19 8706 00 21 8706 00 29 --- -- --- --- Other _For the vehicles of heading 8702:_ For transport of not more than thirteen persons, including the driver Other _F_ _th_ _t_ _hi l_ _f h_ _di_ _8703_ u u u 15% 15% 15% ----- 8706 00 39 8706 00 41 --- -- --- Other _For the motor vehicles of heading 8704:_ For three-wheeled motor vehicle u u 15% 15% 8706 00 42 ---- For vehicles, other than petrol driven u 15% 8706 00 43 ---- For dumpers covered in the heading 8704 u 15% 8706 00 49 ---- Other u 15% 8706 00 50 --- For the motor vehicles of heading 8705 u 15% **8707** **BODIES (INCLUDING CABS), FOR THE MOTOR** **VEHICLES OF HEADINGS 8701** **TO** **8705** 8707 10 00 - For the vehicles of heading 8703 u 15% 8707 90 00 - Other u 15% **8708** **PARTS** **AND ACCESSORIES OF** **THE** **MOTORVEHICLES** **OF HEADINGS 8701** **TO 8705** 8708 10 - Bumpers and parts thereof : 8708 10 10 --- For tractors kg. 15% 8708 10 90 --- Other kg. - Other parts and accessories of bodies (including cabs) : 15% 8708 21 00 -- Safety seat belts u 15% 8708 22 00 -- Front windscreens (windshields), rear windows and kg. 15% other windows specified in Sub-heading Note 1 to this Chapter 8708 29 00 -- Other kg. 15% 8708 30 00 - Brakes and servo-brakes; parts thereof kg. 15% 8708 40 00 - Gear boxes and parts thereof kg. 15% 8708 50 00 8708 70 00 Drive-axles with differential, whether or not provided with other transmission components, non-driving axles; parts thereof Road wheels and parts and accessories thereof kg. kg. 15% 15% 8708 80 00 - Suspension systems and parts thereof (including kg. 15% shock absorbers) - Other parts and accessories: 8708 91 00 -- Radiators and parts thereof kg. 15% 8708 92 00 -- Silencers (mufflers) and exhaust pipes; parts kg. 15% kg. 8708 93 00 - thereof Clutches and parts thereof 15% 8708 94 00 -- Steering wheels, steering columns and kg. 15% kg. 8708 95 00 - steering boxes; parts thereof Safety airbags with inflater system; parts thereof 15% 8708 99 00 -- Other kg. 15% **8709** **WORKS TRUCKS, SELF-PROPELLED, NOT FITTED** **WITH LIFTING OR HANDLING EQUIPMENT,** **OF THE** **TYPE USED IN FACTORIES, WAREHOUSES, DOCK** **AREAS OR AIRPORTS FOR SHORT DISTANCE** **TRANSPORT OF GOODS; TRACTORS OF THE TYPE** **USED** **ON** **RAILWAY** **STATION** **PLATFORMS;** **PARTS** **OF THE FOREGOING VEHICLES** - _Vehicles :_ 8709 11 00 -- Electrical u 10% 8709 19 00 Other u 10% ----- **8710 00 00** **TANKS** **AND** **OTHER** **ARMOURED** **FIGHTING** **VEHICLES,** **MOTO** **RISED,** **WHETH** **ER** **OR** **NOT** **F** **ITTED** **W** **ITH** **WEAPONS,** **AND PARTS OF SUCH VEHICLES** **8711** **MOTORCYCLES** **(INCLUDING** **MOPEDS)** **AND** **CYCLES** **FITTED** **WITH** **AN** **AUXILIARY** **MOTOR,** **WITH** **OR** **WITHOUT SIDE-CARS;** 8711 10 - _With internal combustion piston engine of a_ _cylinder capacity not exceeding 50 cc:_ kg. Free 8711 10 10 --- Mopeds u 100% 8711 10 20 --- Motorised cycles u 100% 8711 10 90 --- Other u 100% 8711 20 - _With_ _internal_ _combustion piston engine of a_ _cylinder capacity exceeding 50 cc but not_ _exceeding 250 cc :_ --- _Scooters :_ 8711 20 11 ---- Of cylinder capacity not exceeding 75 cc u 100% 8711 20 19 ---- Other u 100% --- _Motor cycles :_ 8711 20 21 ---- Of cylinder capacity not exceeding 75 cc u 100% 8711 20 29 ---- Other u 100% --- _Mopeds :_ 8711 20 31 ---- Of cylinder capacity not exceeding 75 cc u 100% 8711 20 39 ---- Other u 100% --- _Other :_ 8711 20 91 ---- Of cylinder capacity not exceeding 75 cc u 100% 8711 20 99 ---- Other u 100% 8711 30 - _With internal combustion piston engine of a_ _cylinder_ _capacity exceeding 250 cc_ _but not_ _exceeding 500 cc :_ 8711 30 10 --- Scooters u 100% 8711 30 20 --- Motor-cycles u 100% 8711 30 90 --- Other u 100% 8711 40 - _With internal combustion piston engine of a_ _cylinder_ _capacity_ _exceeding500_ _cc_ _but_ _not_ _exceeding 800 cc :_ 8711 40 10 --- Motor-cycles u 100% 8711 40 90 --- Other u 100% 8711 50 00 - With internal combustion piston engine of a cylinder capacity exceeding 800 cc 8711 60 - _With electric motor for propulsion:_ u 100% 8711 60 10 --- Motor cycles u 100% 8711 60 20 --- Scooters u 100% 8711 60 30 --- Mopeds u 100% 8711 60 90 --- Others u 100% 8711 90 - _Other:_ 8711 90 10 --- Side cars u 100% 8711 90 90 --- Other u 100% **8712** **BICYCLES** **AND** **OTHER** **CYCLES** **(INCLUDING** **DELIVERY TRICYCLES), NOT MOTORISED** ----- 8712 00 10 --- Bicycles u 35% 8712 00 90 --- Other u 10% **CARRIAGES FOR DISABLED PERSONS, WHETHER OR NOT** **8713** **MOTORISED** **OR** **OTHERWISE** **MECHANICALLY** **PROPELLED** 8713 10 - _Not mechanically propelled :_ 8713 10 10 --- Wheel chairs for invalid u 10% 8713 10 90 --- Other u 10% 8713 90 _- Other :_ 8713 90 10 --- Wheel chairs for invalid u 10% 8713 90 90 --- Other u 10% **8714** **PARTS** **AND** **ACCESSORIES** **OF** **VEHICLES** **OF** **HEADINGS** **8711** **TO** **8713** _8714 10_ _- Of_ _motorcycles_ _(including_ _mopeds):_ 8714 10 10 - - - Saddles kg. 15% 8714 10 90 - -- Other kg. 15% 8714 20 - _Of carriages for disabled persons :_ 8714 20 10 --- Mechanically propelled kg. 10% 8714 20 20 --- Non-mechanically propelled kg. 10% 8714 20 90 --- Other kg. 10% _- Other :_ 8714 91 00 -- Frames and forks, and parts thereof u 20% 8714 92 -- _Wheel rims and spokes :_ 8714 92 10 --- Bicycle rims u 20% 8714 92 20 --- Bicycle spokes u 20% 8714 92 90 --- Other u 20% 8714 93 -- _Hubs, other than coaster braking hubs and_ _hub_ _brakes,_ _and_ _free-wheel_ _sprocket-wheels_ _:_ 8714 93 10 --- Bicycle hubs kg. 20% 8714 93 20 --- Bicycle free-wheels kg. 20% 8714 93 90 --- Other kg. 20% 8714 94 00 -- Brakes, including coaster braking hubs kg. 20% and hub brakes, and parts thereof 8714 95 -- _Saddles :_ 8714 95 10 --- Bicycle saddles kg. 20% 8714 95 90 --- Other kg. 20% 8714 96 00 -- Pedals and crank-gear, and parts thereof kg. 20% 8714 99 -- _Other :_ 8714 99 10 --- Bicycle chains kg. 20% 8714 99 20 --- Bicycle wheels kg. 20% 8714 99 90 --- Other kg. 20% **8715** **BABY** **CARRIAGES** **AND** **PARTS** **THEREOF** 8715 00 _- Baby carriages and parts thereof :_ 8715 00 10 --- Baby carriages u 10% ----- **8716** **TRAILERS** **AND** **SEMI-TRAILERS;** **OTHER** **VEHICLES,** u u u 8716 10 00 8716 20 00 8716 31 00 - **NOT MECHANICALLY PROPELLED;** **PARTS THEREOF** Trailers and semi-trailers of the caravan type, for housing or camping Self-loading or self-unloading trailers and semi-trailers for agricultural purposes _Other trailers and semi-trailers for the_ _transport of goods :_ Tanker trailers and tanker semi-trailers 10% 10% 10% 8716 39 00 -- Other u 10% 8716 40 00 - Other trailers and semi-trailers u 10% 8716 80 - _Other vehicles :_ 8716 80 10 --- Hand propelled vehicles (e.g. hand carts, u 10% u 8716 80 20 -- rickshaws and the like) Animal drawn vehicles 10% 8716 80 90 --- Other u 10% 8716 90 - _Parts :_ 8716 90 10 --- Parts and accessories of trailers kg. 10% 8716 90 90 --- Other kg. 10% ----- **SECTION-XVII** **CHAPTER-88** **CHAPTER 88** **_Aircraft, spacecraft, and parts thereof_** **Note:** 1. For the purposes of this Chapter, the expression ―unmanned aircraft‖ means any aircraft, other than those of heading 8801, designed to be flown without a pilot on board. They may be designed to carry a payload or equipped with permanently integrated digital cameras or other equipment which would enable them to perform utilitarian functions during their flight. The expression ―unmanned aircraft‖, however, does not cover flying toys, designed solely for amusement purposes (heading 9503). **Sub-heading Notes:** 1. For the purposes of sub-headings 8802 11 to 8802 40, the expression ―unladen weight‖ means the weight of the machine in normal flying order, excluding the weight of the crew and of fuel and equipment other than permanently fitted items of equipment. 2. For the purposes of sub-headings 8806 21 to 8806 24 and 8806 91 to 8806 94, the expression "maximum take-off weight" means the maximum weight of the machine in normal flying order, at take-off, including the weight of payload, equipment and fuel. **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard** **Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **8801** 8801 00 8801 00 10 _-_ _---_ **8801** **BALLOONS** **AND** **DIRIGIBLES,** **GLIDERS,** **HAND** **GLIDERS AND OTHER NON-POWERED AIRCRAFT** 8801 00 _-_ Balloons and dirigibles; gliders, hang gliders and other non-powered aircraft: 8801 00 10 _---_ Gliders and hang gliders u 10% 8801 00 20 _---_ Balloons u 10% 8801 00 90 _---_ Other u 10% **8802** **OTHER AIRCRAFT (FOR EXAMPLE, HELICOPTERS,** **AEROPLANES), EXCEPT UNMANNED AIRCRAFT OF** **HEADING 88.06** _- Helicopters :_ 8802 11 00 -- Of an unladen weight not exceeding 2,000 kg. u 2.5% 8802 12 00 -- Of an unladen weight exceeding 2,000 kg. u 2.5% 8802 20 00 - Aeroplanes and other aircraft, of an unladen u 2.5% 8802 30 00 weight not exceeding 2,000 kg. Aeroplanes and other aircraft, of an unladen weight exceeding 2,000 kg. but not exceeding 15,000 kg. u 2.5% ----- 8802 60 00 - Spacecraft (including satellites) and suborbital and spacecraft launch vehicles **8804** **PARACHUTES** **(INCLUDING DIRIGIBLE** **PARACHUTES** **AND** **PARAGLIDERS)** **AND** **ROTOCHUTES;** **PARTS** **THEREOF** **AND** **ACCESSORIES THERETO** u 10% 8804 00 8804 00 10 8804 00 20 _-_ -- -- _Parachutes (including_ _dirigible_ _parachutes_ _and paragliders) and rotochutes; parts thereof_ _and accessories thereto :_ Parachutes (including dirigible parachutes and paragliders) and parts and accessories thereof Rotochutes; parts and accessories thereof 8804 00 10 --- Parachutes (including dirigible parachutes and u 10% paragliders) and parts and accessories thereof 8804 00 20 --- Rotochutes; parts and accessories thereof u 10% **8805** **AIRCRAFT** **LAUNCHING** **GEAR;** **DECK-ARRESTOR** **OR** **SIMILAR GEAR; GROUND FLYING TRAINERS; PARTS OF** **THE FOREGOING ARTICLES** 8805 10 _-_ _Aircraft launching gear and parts thereof;_ _deck arrestor or similar gear and parts thereof_ 8805 10 10 --- Aircraft launching gear u 10% 8805 10 20 --- Deck arrestor or similar gear u 10% 8805 10 30 --- Part of aircraft launching gear and deck arrestor or u 10% similar gear _-_ _Ground flying trainers and parts thereof :_ 8805 21 00 -- Air combat simulators and parts thereof u 10% 8805 29 00 ### 8806 8806 10 00 8806 21 00 8806 22 00 8806 23 00 8806 24 00 8806 29 00 8806 91 00 8806 92 00 8806 93 00 8806 94 00 8806 99 00 ### 8807 8807 10 00 8807 20 00 8807 30 00 - - - - - - -- - - - Other **UNMANNED AIRCRAFT** Designed for the carriage of passengers _Other, for remote-controlled flight only:_ With maximum take-off weight not more than 250 g With maximum take-off weight more than 250 g but not more than 7 kg With maximum take-off weight more than 7 kg but not more than 25 kg With maximum take-off weight more than 25 kg but not more than 150 kg Other _Other:_ With maximum take-off weight not more than 250 g With maximum take-off weight more than 250 g but not more than 7 kg With maximum take-off weight more than 7 kg but not more than 25 kg With maximum take-off weight more than 25 kg but not more than 150 kg Other **PARTS OF GOODS OF HEADING 8801, 8802 OR** **8806** Propellers and rotors and parts thereof Under-carriages and parts thereof Other parts of aeroplanes, helicopters or unmanned aircraft u u u u u u u u u u u u kg. kg. kg. 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 2.5% 2.5% 2.5% ----- **SECTION-XVII** **CHAPTER-89** **CHAPTER** **89** **_Ships, boats and floating structures_** **NOTE** **:** A hull, an unfinished or incomplete vessel, assembled, unassembled, or disassembled, or a complete vessel unassembled or disassembled, is to be classified in heading 8906 if it does not have the essential character of a vessel of a particular kind. **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard** **Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **8901** **CRUISE SHIPS, EXCURSION BOATS, FERRY-BOATS, CARGO** **SHIPS,** **BARGES** **AND SIMILAR** **VESSELS** **FOR THE** **TRANSPORT OF PERSONS OR GOODS** 8901 10 _- Cruise ships, excursion boats and similar vessels_ _principally designed for the transport of persons;_ _ferry-boats of all kinds :_ 8901 10 10 --- Ships u 10% 8901 10 20 --- Launches u 10% 8901 10 30 --- Boats u 10% 8901 10 40 --- Barges u 10% 8901 10 90 --- Other u 10% 8901 20 00 - Tankers u 10% 8901 30 00 - Refrigerated vessels, other than those of Sub heading 8901 20 8901 90 00 - Other vessels for transport of the goods and other vessels for the transport of bothpersons and goods **8902** **FISHING VESSELS; FACTORY SHIPS** **AND OTHER** **VESSELS** **FOR PROCESSING OR PRESERVING FISHERY PRODUCTS** 8902 00 _- Fishing vessels; factory ships and other vessels for_ _processing or preserving fishery products :_ u 10% u 10% 8902 00 10 --- Trawlers and other fishing vessels u Free 8902 00 90 --- Other u 10% **8903** **YACHTS** **AND** **OTHER** **VESSELS** **FOR** **PLEASURE** **OR** **SPORTS;** **ROWING BOATS AND CANOES** ----- **SECTION-XVII** **CHAPTER-89** **(1)** **(2)** **(3)** **(4)** **(5)** _Inflatable (including rigid hull inflatable) boats:_ Fitted or designed to be fitted with a motor, unladen (net) weight (excluding the motor) not exceeding 100 kg u 8903 11 00 - 25% 8903 12 00 -- Not designed for use with a motor and unladen (net) weight not exceeding 100 kg u 25% u 25% 8903 19 00 - Other _Sailboats, other than inflatable, with or without_ _auxiliary motor:_ 8903 21 00 -- Of a length not exceeding 7.5 m u 25% 8903 22 00 -- Of a length exceeding 7.5 m but not exceeding 24m u 25% 8903 23 00 -- Of a length exceeding 24 m - _Motorboats,_ _other_ _than_ _inflatable,_ _not_ _including_ _outboard motorboats_ 8903 31 00 -- Of a length not exceeding 7.5 m u 25% 8903 32 00 -- Of a length exceeding 7.5 m but not exceeding 24 m u 25% 8903 33 00 -- Of a length exceeding 24 m u 25% - _Other:_ 8903 93 00 -- Of a length not exceeding 7.5 m u 25% 8903 99 00 -- Other u 25% **8904 00 00** **TUGS** **AND** **PUSHER** **CRAFT** u 10% **8905** **LIGHT-VESSELS,** **FIRE-FLOATS,** **DREDGERS,** **FLOATING** **CRANES,** **AND OTHER VESSELS THE NAVIGABILITY OF WHICH IS** **SUBSIDIARY** **TO** **THEIR** **MAIN** **FUNCTION;** **FLOATING** **DOCKS;** **FLOATING** **OR** **SUBMERSIBLE** **DRILLING** **OR** **PRODUCTION** **PLATFORMS** 8905 10 00 - Dredgers u Free 8905 20 00 - Floating or submersible drilling or production platforms 8905 90 _- Other :_ u 10% 8905 90 10 --- Floating docks u 10% 8905 90 90 --- Other u 10% **8906** **OTHER** **VESSELS,** **INCLUDING** **WARSHIPS** **AND** **LIFEBOATS** **OTHER THAN ROWING BOATS** 8906 10 00 - Warships u 10% 8906 90 00 - Other u 10% **8907** **OTHER** **FLOATING** **STRUCTURES** **(** **FOR** **EXAMPLE,** **RAFTS,** **TANKS,** **COFFER-DAMS,** **LANDING-STAGES,** **BUOYS AND** **BEACONS)** 8907 10 00 - Inflatable rafts u Free 8907 90 00 - Other u 10% **8908 00 00** **VESSELS** **AND** **OTHER** **FLOATING** **STRUCTURES** **FOR** u 2.5% **BREAKING UP** ----- **SECTION-XVIII** **CHAPTER-90** **SECTION XVIII** **OPTICAL, PHOTOGRAPHIC, CINEMATOGRAPHIC, MEASURING,** **CHECKING, PRECISION, MEDICAL OR SURGICAL INSTRUMENTS AND APPARATUS;** **CLOCKS AND WATCHES; MUSICAL INSTRUMENTS;** **PARTS AND ACCESSORIES THEREOF** **CHAPTER** **90** **_Optical, photographic, cinematographic, measuring, checking, precision, medical or surgical_** **_instruments and apparatus; parts and accessories thereof_** **NOTES** **:** 1. This Chapter does not cover : (a) articles of a kind used in machines, appliances or for other technical uses, of vulcanised rubber other than hard rubber (heading 4016), of leather or of composition leather (heading 4205) or textile material (heading 5911); (b) supporting belts or other support articles of textile material, whose intended effect on the organ to be supported or held derives solely from their elasticity (for example, maternity belts, thoracic support bandages, abdominal support bandages, supports for joints or muscles) (Section XI); (c) refractory goods of heading 6903; ceramic wares for laboratory, chemical or other technical uses, of heading 6909; (d) glass mirrors, not optically worked, of heading 7009, or mirrors of base metal or of precious metal, not being optical elements (heading 8306 or Chapter 71); (e) goods of heading 7007, 7008, 7011, 7014, 7015 or 7017; (f) parts of general use, as defined in Note 2 to Section XV, of base metal (Section XV) or similar goods of plastics (Chapter 39); however, articles specially designed for use exclusively in implants in medical, surgical, dental or veterinary sciences are to be classified in heading 9021; (g) pumps incorporating measuring devices, of heading 8413; weight-operated counting or checking machinery, or separately presented weights for balances (heading 8423); lifting or handling machinery (headings 8425 to 8428); paper or paperboard cutting machines of all kinds (heading 8441); fittings for adjusting work or tools on machine-tools or water-jet cutting machines, of heading 8466, including fittings with optical devices for reading the scale (for example, ―optical‖ dividing heads) but not those which are in themselves essentially optical instruments (for example, alignment telescopes); calculating machines (heading 8470); valves or other appliance of heading 8481; machines and apparatus (including apparatus for the projection or drawing of circuit patterns on sensitised semi-conductor materials) of heading 8486; (h) searchlights or spotlights of a kind used for cycles or motor vehicles (heading 8512); portable electric lamps of heading 8513; cinematographic sound recording, reproducing or re-recording apparatus (heading 8519); sound-heads (heading 8522); television cameras, digital cameras and video camera recorders (heading 8525); radar apparatus, radio navigational aid apparatus or radio remote control apparatus (heading 8526); connectors for optical fibres, optical fibre bundles or cables (heading 8536); numerical control apparatus of heading 8537; sealed beam lamp units of heading 8539; optical fibre cables of heading 8544; (ij) searchlights or spotlights of heading 9405; (k) articles of Chapter 95; ----- **SECTION-XVIII** **CHAPTER-90** (l) monopods, bipods, tripods and similar articles, of heading 9620; (m) capacity measures, which are to be classified according to their constituent material; or (n) spools, reels or similar supports (which are to be classified according to their constituent material, for example, in Heading 3923 or Section XV). 2. Subject to Note 1 above, parts and accessories for machines, apparatus, instruments or articles of this Chapter are to be classified according to the following rules : (a) parts and accessories which are goods included in any of the headings of this Chapter or of Chapter 84, 85 or 91 (other than heading 8487, 8548 or 9033) are in all cases to be classified in their respective headings; (b) other parts and accessories, if suitable for use solely or principally with a particular kind of machine, instrument or apparatus, or with a number of machines, instruments or apparatus of the same heading (including a machine, instrument or apparatus of heading 9010, 9013 or 9031) are to be classified with the machines, instruments or apparatus of that kind; (c) all other parts and accessories are to be classified in heading 9033. 3. The provisions of Notes 3 and 4 to Section XVI apply also to this Chapter. 4. Heading 9005 does not apply to telescopic sight for fitting to arms, periscopic telescopes for fitting to submarines or tanks, or to telescopes for machines, appliances, instruments or apparatus of this Chapter or Section XVI; such telescopic sights and telescopes are to be classified in heading 9013. 5. Measuring or checking optical instruments, appliances or machines which, but for this Note, could be classified both in heading 9013 and in heading 9031 are to be classified in heading 9031. 6. For the purpose of heading 9021, the expression ―orthopaedic appliances‖ means appliances for: (i) preventing or correcting bodily deformities; or (ii) supporting or holding parts of the body following an illness, operation or injury. Orthopedic appliances include footwear and special insoles designed to correct orthopaedic conditions, provided that they are either (1) made to measure, or (2) mass produced, presented singly and not in pairs and designed to fit either foot equally. 7. Heading 9032 applies only to: (a) instruments and apparatus for automatically controlling the flow, level, pressure or other variables of liquids or gases, or for automatically controlling temperature, whether or not their operation depends on an electrical phenomenon which varies according to the factor to be automatically controlled, which are designed to bringthis factor to, and maintain it at, a desired value, stabilized against disturbances, by constantly or periodically measuring its actual value; and (b) automatic regulators of electrical quantities, and instruments or apparatus for automatically controlling non-electrical quantities the operation of which depends on an electrical phenomenon varying according to the factor to be controlled, which are designed to bring this factor to, and maintain it at, a desired value, stabilized against disturbances, by constantly or periodically measuring its actual value. ----- **SECTION-XVIII** **CHAPTER-90** **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard** **Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **9001** **OPTICAL FIBRES AND OPTICAL FIBRE BUNDLES;** **OPTICAL** **FIBRE** **CABLES** **OTHER** **THAN** **THOSE** **OF** **HEADING** **8544;** **SHEETS AND PLATES OF POLARISING** **MATERIAL;** **LENSES** **(INCLUDING CONTACT LENSES),** **PRISMS,** **MIRRORS AND OTHER OPTICAL** **ELEMENTS,** **OF ANY MATERIAL, UNMOUNTED,** **OTHER THAN SUCH** **ELEMENTS OF GLASS NOT OPTICALLY WORKED** 9001 10 00 - Optical fibres, optical fibres bundles and cables kg. 15% 9001 20 00 - Sheets and plates of polarising material kg. 10% 9001 30 00 - Contact lenses u 10% 9001 40 _- Spectacle lenses of glass :_ 9001 40 10 --- Polarised glass u 10% 9001 40 90 --- Other u 10% 9001 50 00 - Spectacle lenses of other materials u 10% 9001 90 _- Other :_ 9001 90 10 --- Optical calcite crystal kg. 10% 9001 90 90 --- Other kg. 10% **9002** **LENSES, PRISMS, MIRRORS AND OTHER OPTICAL** **ELEMENTS, OF ANY MATERIAL, MOUNTED, BEING PARTS** **OF** **OR** **FITTINGS** **FOR** **INSTRUMENTS** **OR** **APPARATUS,** **OTHER THAN SUCH ELEMENTS OF GLASS** **NOT** **OPTICALLY WORKED** _-_ _Objective lenses :_ 9002 11 00 -- For cameras, projectors or photographic u 10% enlargers or reducers 9002 19 00 -- Other u 10% 9002 20 00 - Filters u 10% 9002 90 00 - Other u 10% **9003** **FRAMES** **AND** **MOUNTINGS** **FOR** **SPECTACLES,** _-_ **GOGGLES OR THE LIKE, AND PARTS THEREOF** _Frames and mountings :_ 9003 11 00 -- Of plastics u 10% 9003 19 00 -- Of other materials u 10% 9003 90 00 - Parts kg. 10% **9004** **SPECTACLES,** **GOGGLES** **AND** **THE** **LIKE,** **CORRECTIVE,** **PROTECTIVE OR OTHER** ----- **SECTION-XVIII** **CHAPTER-90** **(1)** **(2)** **(3)** **(4)** **(5)** 9004 10 00 - Sunglasses u 20% 9004 90 _- Other :_ 9004 90 10 --- Passive night vision goggles u 10% 9004 90 20 --- Prismatic eyeglasses for reading u 10% 9004 90 90 --- Other u 10% **9005** **BINOCU LARS,** **MONOCULARS,** **OTHER** **OP TICAL** **TELESCOPES,** **AND MOUNTINGS THEREFOR;** **OTHER** **ASTRONOMICAL INSTRUMENTS AND MOUNTINGS** **THEREFOR,** **BUT NOT INCLUDING INSTRUMENTS FOR** **RADIO-ASTRONOMY** 9005 10 00 - Binoculars u 10% 9005 80 _- Other instruments :_ 9005 80 10 --- Monocular and refracting telescopes u 10% 9005 80 20 --- Astronomical instruments u 10% 9005 80 90 --- Other u 10% 9005 90 _- Parts and accessories (including mountings):_ 9005 90 10 --- Of binocular or telescopes of heading 9005, kg. 10% other than mountings 9005 90 20 --- Mountings for astronomical instruments kg. 10% 9005 90 90 --- Other kg. 10% **9006** **PHOTOGRAPHIC** **(OTHER** **THAN** **CINEMATOGRAPHIC)** **CAMERAS;** **PHOTOGRAPHIC FLASHLIGHT** **APPARATUS** **AND FLASH BULBS OTHER THAN DISCHARGE LAMPS** **OF HEADING** **8539** 9006 30 00 - Cameras specially designed for underwater use, u 10% for aerial survey or for medical or surgical examination of internal organs; comparison cameras for forensic or criminological purposes 9006 40 00 - Instant print cameras u 10% _- Other cameras :_ 9006 53 -- _for roll film of a width of 35 mm:_ 9006 53 10 --- Fixed focus 35 mm cameras u 10% 9006 53 90 --- Other u 10% 9006 59 _-- Other :_ 9006 59 10 --- Fixed focus 110 mm cameras u 10% 9006 59 90 --- Other u 10% ----- **SECTION-XVIII** **CHAPTER-90** **(1)** **(2)** **(3)** **(4)** **(5)** _Photographic_ _flashlight_ _apparatus_ _and_ _flashbulbs:_ Discharge lamp ("electronic") flashlight apparatus u 10% Other _Parts and accessories:_ For cameras 9006 61 00 9006 69 00 9006 91 00 _-_ - - _-_ - u kg. 10% 10% 9006 99 00 -- Other kg. 10% **9007** **CINEMATOGRAPHIC** **CAMERAS** **AND** **PROJECTORS,** **WHETHER OR NOT INCORPORATING SOUND RECORDING** **OR REPRODUCING APPARATUS** 9007 10 - _Cameras :_ 9007 10 10 --- For film of less than 16 mm width or for double – u 10% 8mm film 9007 10 90 --- Other u 10% 9007 20 _- Projectors :_ 9007 20 10 --- For film of less than 16 mm width u 10% 9007 20 90 9007 91 00 -- _-_ - Other _Parts and accessories :_ For cameras u kg. 10% 10% 9007 92 00 -- For projectors kg. 10% **9008** **IMAGE** **PROJECTORS,** **OTHER** **THAN** **CINEMATOGRAPHIC;** **PHOTOGRAPHIC** **(OTHER** **THAN** **CINEMATOGRAPHIC) ENLARGERS AND REDUCERS** 9008 50 _- Projectors,_ _enlargers_ _and_ _reducers:_ 9008 50 10 - - - Slide projectors u 10% 9008 50 20 - - - Microfilm, microfiche or other microform readers, whether or not capable of producing copies u 10% 9008 50 30 - - - Other image projectors u 10% 9008 50 40 - - - Photographic (other than Cinematographic) u 10% 9008 90 00 enlargers and reducers Parts and accessories 10% 7.5% **9010** **APPARATUS** **AND** **EQUIPMENT** **FOR** **PHOTOGRAPHIC** **(INCLUDING CINEMATOGRAPHIC) LABORATORIES** **NOT SPECIFIED OR INCLUDED ELSEWHERE IN THIS** **CHAPTER; NEGATOSCOPES; PROJECTION SCREENS** 9010 10 00 Apparatus and equipment for automatically developing photographic _(including_ cinematographic) film or paper in rolls or for automatically exposing developed film torolls of photographic paper kg. u ----- **SECTION-XVIII** **CHAPTER-90** **(1)** **(2)** **(3)** **(4)** **(5)** 9010 50 00 - Other apparatus and equipment for photographic (including cinematographic) laboratories; negatoscopes u 7.5% 9010 60 00 - Projection screens u 10% 9010 90 00 - Parts and accessories kg. 7.5% **9011** **COMPOUND** **OPTICAL** **MICROSCOPES, INCLUDINGTHOSE** **FOR PHOTOMICRO-GRAPHY, CINEPHOTOMICROGRAPHY** **OR MICROPROJECTION** 9011 10 00 - Stereoscopic microscopes u 7.5% 9011 20 00 - Other microscopes, for photomicrography, u 7.5% 9011 80 00 cinephotomicrography or microprojection Other microscopes u 7.5% 9011 90 00 - Parts and accessories kg. 7.5% **9012** **MICROSCOPES** **OTHER** **THAN** **OPTICAL** **MICROSCOPES;** **DIFFRACTION APPARATUS** 9012 10 - _Microscopes_ _other_ _than_ _optical microscopes;_ _diffraction_ _apparatus:_ 9012 10 10 --- Electron microscopes fitted with equipment u 7.5% 9012 10 90 -- specifically designed for the handling and transport of semiconductor wafers or reticles Other u 7.5% 9012 90 00 - Parts and accessories kg. 7.5% **9013** **LASERS, OTHER THAN LASER DIODES; OTHER OPTICAL** **APPLIANCES AND INSTRUMENTS, NOT SPECIFIED OR** **INCLUDED ELSEWHERE IN THIS CHAPTER** 9013 10 - _Telescopic_ _sights_ _for_ _fitting_ _to_ _arms;_ _periscopes; telescopes designed to form parts_ _of_ _machines,_ _appliances,_ _instruments_ _or_ _apparatus of this Chapter or Section XVI :_ 9013 10 10 --- Telescopic sights for fitting to arms u 10% 9013 10 20 --- Periscopes u 7.5% 9013 10 90 --- Other u 7.5% 9013 20 00 - Lasers, other than laser diodes u 7.5% 9013 80 00 - Other devices, appliances and instruments u 7.5% 9013 90 00 - Parts and accessories u 7.5% ----- **SECTION-XVIII** **CHAPTER-90** **(1)** **(2)** **(3)** **(4)** **(5)** **9014** **DIRECTION FINDING COMPASSES; OTHER NAVIGATIONAL** **INSTRUMENTS AND APPLIANCES** 9014 10 00 - Direction finding compasses u 7.5% 9014 20 00 - Instruments and appliances for aeronautical u 7.5% or space navigation (other than compasses) 9014 80 _- Other instruments and appliances :_ 9014 80 10 --- Echo sounding instrument u 7.5% 9014 80 20 --- Sextants u 7.5% 9014 80 90 --- Other u 7.5% 9014 90 00 - Parts and accessories kg. 7.5% **9015** **SURVEYING** **(INCLUDING** **PHOTOGRAMMETRICAL** **SURVEYING),** **HYDROGRAPHIC,** **OCEANOGRAPHIC,** **HYDROLOGICAL, METEOROLOGICAL OR GEOPHYSICAL** **INSTRUMENTS** **AND** **APPLIANCES, EXCLUDING** **COMPASSES;** **RANGEFINDERS** 9015 10 00 - Rangefinders u 7.5% 9015 20 00 - Theodolities and tachymeters (tacheometers) u 7.5% 9015 30 _- Levels :_ u u 9015 30 10 9015 30 90 -- -- Dumpy levels or engineer's levels or builder‗s levels (not automatic) and quick set levels with or without horizontal circles Other 7.5% 7.5% 9015 40 00 - Photogrammetrical surveying instruments u 7.5% and appliances 9015 80 _- Other_ _instruments_ _and_ _appliances:_ 9015 80 10 --- Hydrographic instruments u 7.5% 9015 80 20 --- Meteorological instruments u 7.5% 9015 80 30 --- Geophysical instruments u 7.5% 9015 80 90 --- Other u 7.5% 9015 90 00 - Parts and accessories kg. 7.5% **9016** **BALANCES OF A SENSITIVITY OF** **5 cg** **OR BETTER,** **WITH OR WITHOUT WEIGHTS** 9016 00 _-_ _[Balances of a sensitivity of ][5][cg or better, with or ]_ _without weights :_ 9016 00 10 --- Electric balances u 10% 9016 00 20 --- Other balances u 10% 9016 00 90 --- Parts kg. 10% ----- **SECTION-XVIII** **CHAPTER-90** **(1)** **(2)** **(3)** **(4)** **(5)** **9017** **DRAWING,** **MARKING-OUT** **OR MATHEMATICAL** **CALCULATING INSTRUMENTS (FOR EXAMPLE, DRAFTING** **MACHINES,** **PANTOGRAPHS,** **PROTRACTORS,** **DRAWING** **SETS, SLIDE RULES, DISC CALCULATORS); INSTRUMENTS** **FOR MEASURING LENGTH,** **FOR USE IN THE HAND** **(FOR** **EXAMPLE, MEASURING RODS AND TAPES, MICROMETERS,** **CALLIPERS), NOT SPECIFIED OR INCLUDED ELSEWHERE** **IN THIS CHAPTER** 9017 10 00 9017 20 9017 20 10 _-_ -- Drafting tables and machines, whether or not automatic _Other drawing, marking-out or mathematical_ _calculating instruments_ **_:_** Drawing and marking-out instruments u 10% u 10% 9017 20 20 --- Mathematical calculating instruments u 10% 9017 20 30 --- Pantograph u 10% 9017 20 90 --- Other u 10% 9017 30 _- Micrometers, calipers and gauges :_ 9017 30 10 9017 30 21 ---- --- Micro-meters and calipers _Gauges :_ Plug u u 10% 10% 9017 30 22 ---- Ring u 10% 9017 30 23 ---- Slip u 10% 9017 30 29 ---- Other u 10% 9017 80 _- Other instruments :_ 9017 80 10 --- Measuring rods and tapes and divided scales u 10% 9017 80 90 --- Other u 10% 9017 90 00 - Parts and accessories kg. 10% **9018** **INSTRUMENTS** **AND** **APPLIANCES** **USED** **IN** **MEDICAL,** **SURGICAL,** **DENTAL** **OR** **VETERINARY** **SCIENCES,** **INCLUDING** **SCIENTIGRAPHIC** **APPARATUS,** **OTHER** **ELECTROMEDICAL** **APPARATUS** **AND** **SIGHT-TESTING** **INSTRUMENTS** - _Electro-diagnostic apparatus (including apparatus_ _for functional exploratory examinations or for_ _checking physiological parameters) :_ 9018 11 00 -- Electro-cardiographs u 7.5% 9018 12 _-- Ultrasonic scanning apparatus :_ 9018 12 10 --- Linear ultrasound scanner u 7.5% 9018 12 90 --- Other u 7.5% 9018 13 00 -- Magnetic resonance imaging apparatus u 7.5% 9018 14 00 -- Scientigraphic apparatus u 7.5% 9018 19 _-- Other :_ 9018 19 10 --- Electro encephalographs u 7.5% 9018 19 20 --- Echo cardiograph u 7.5% ----- **SECTION-XVIII** **CHAPTER-90** **(1)** **(2)** **(3)** **(4)** **(5)** 9018 19 90 --- Other u 7.5% 9018 20 00 - Ultra-violet or infra-red ray apparatus u 7.5% _-_ _Syringes, needles, catheters, cannulae and the like:_ 9018 31 00 -- Syringes, with or without needles u 7.5% 9018 32 _-- Tubular metal needles and needles for sutures :_ 9018 32 10 --- Needles for suture kg. 7.5% 9018 32 20 --- Hollow needles for injection, aspiration, kg. 7.5% biopsy and transfusion 9018 32 30 --- Hilerio venus fistula needles kg. 5% 9018 32 90 --- Other kg. 7.5% 9018 39 _-- Other :_ 9018 39 10 --- Catheters (for urine, stool) u 7.5% 9018 39 20 --- Cardiac catheters u 7.5% 9018 39 30 --- Cannulae u 7.5% 9018 39 90 --- Other u 7.5% _- Other instruments and appliances, used in dental_ _sciences :_ 9018 41 00 -- Dental drill engines, whether or not combined u 7.5% on a single base with other dental equipment 9018 49 00 -- Other u 7.5% 9018 50 _- Other ophthalmic instruments and appliances :_ 9018 50 10 --- Ophthalmoscopes u 7.5% 9018 50 20 --- Tonometers u 5% 9018 50 30 --- Ophthalmic lasers u 7.5% 9018 50 90 --- Other u 7.5% 9018 90 _- Other instruments and appliances :_ _--- Diagnostic instruments and apparatus_ **_:_** 9018 90 11 ---- Instrument and apparatus for measuring blood u 7.5% pressure 9018 90 12 ---- Stethoscopes u 7.5% 9018 90 19 ---- Other u 7.5% _--- Surgical tools_ **_:_** 9018 90 21 ---- Bone saws, drills and trephines u 5% 9018 90 22 ---- Knives, scissors and blades u 7.5% 9018 90 23 ---- Forceps, forcep clamps, clips, needle holders, u 7.5% introducers, cephalotribe bone holding and other holding instruments 9018 90 24 ---- Chisel, gauges, elevators, raspatones, u 5% osteotome, craniotome, bone cutters 9018 90 25 ---- Retractors, spatulaprobes, hooks dialators, u 7.5% sounds, mallets 9018 90 29 ---- Other u 7.5% --- Artificial kidney (dialysis) apparatus, blood transfusion apparatus: 9018 90 31 ---- Artificial kidney (dialysis) apparatus u 7.5% ----- **SECTION-XVIII** **CHAPTER-90** **(1)** **(2)** **(3)** **(4)** **(5)** 9018 90 32 ---- Blood transfusion apparatus u 7.5% _Anesthetic apparatus and instruments, ENT precision_ _instruments, acupuncture apparatus, and endoscopes :_ Anesthetic apparatus and instruments u 7.5% 9018 90 41 _---_ --- 9018 90 42 ---- ENT precision instruments u 7.5% 9018 90 43 ---- Acupuncture apparatus u 5% 9018 90 44 9018 90 91 --- _---_ --- Endoscopes u _Other :_ Hilerial or venous shunts u 7.5% 7.5% 9018 90 92 ---- Baby incubators u 7.5% 9018 90 93 ---- Heart-lung machines u 7.5% 9018 90 94 ---- Defibrillators u 7.5% 9018 90 95 ---- Fibrescopes u 5% 9018 90 96 ---- Laproscopes u 5% 9018 90 97 ---- Vetrasonic lithotripsy instruments u 5% 9018 90 98 ---- Apparatus for nerve stimulation u 5% 9018 90 99 ---- Other u 10% **9019** **MECHANO-THERAPY** **APPLIANCES;** **MASSAGE** **APPARATUS;** **PSYCHOLOGICAL** **APTITUDE-TESTING** **APPARATUS;** **OZONE** **THERAPY,** **OXYGEN THERAPY,** **AEROSOL THERAPY,** **ARTIFICIAL RESPIRATION OR OTHER THERAPEUTIC** **RESPIRATION APPARATUS** 9019 10 9019 10 10 _-_ -- _Mechano-therapy appliances; massage apparatus;_ _psychological aptitude-testing apparatus :_ Mechano-therapy appliances u 7.5% 9019 10 20 --- Massage apparatus u 10% 9019 10 90 --- Other u 7.5% 9019 20 9019 20 10 _-_ -- _Ozone therapy, oxygen therapy, aerosol, therapy_ _artificial respiration or other therapeutic respiration_ _apparatus_ **_:_** Oxygen therapy apparatus u 7.5% 9019 20 90 --- Other u 7.5% **9020 00 00** **OTHER BREATHING** **APPLIANCES** **AND GAS** **MASKS,** u 7.5% **EXCLUDING PROTECTIVE MASKS HAVING NEITHER** **MECHANICAL PARTS NOR REPLACEABLE FILTERS** **9021** **ORTHOPAEDIC APPLIANCES, INCLUDING CRUTCHES,** **SURGICAL BELTS AND TRUSSES; SPLINTS AND OTHER** **FRACTURE** **APPLIANCES; ARTIFICIAL** **PARTS** **OF** **THE** **BODY;** **HEARING AIDS AND OTHER APPLIANCES WHICH ARE WORN** **OR CARRIED,** **OR IMPLANTED IN THE BODY,** **TO** **COMPENSATE FOR A DEFECT OR DISABILITY** 9021 10 00 - Orthopeaedic or fracture appliances u 7.5% ----- **SECTION-XVIII** **CHAPTER-90** **(1)** **(2)** **(3)** **(4)** **(5)** _- Artificial teeth and dental fittings :_ 9021 21 00 -- Artificial teeth u 7.5% 9021 29 00 9021 31 00 - - Other _Other artificial parts of the body_ **_:_** Artificial joints u u 7.5% 7.5% 9021 39 00 -- Other u 7.5% 9021 40 _- Hearing aids, excluding parts and accessories:_ 9021 40 10 --- Frequency modulated hearing aid system used for u 7.5% 9021 40 90 9021 50 00 9021 90 -- _-_ hearing by handicapped persons in group situation Other Pacemakers for stimulating heart muscles, excluding parts and accessories _Other :_ u 7.5% u 7.5% 9021 90 10 --- Parts and accessories of hearing aids kg. 7.5% 9021 90 90 --- Other kg. 7.5% **9022** **APPARATUS BASED ON THE USE OF** **X-RAYS** **OR OF** **ALPHA,** **BETA** **GAMMA OR OTHER IONISING RADIATIONS,** **WHETHER** **OR** **NOT** **FOR** **MEDICAL,** **SURGICAL,** **DENTAL** **OR VETERINARY USES, INCLUDING RADIOGRAPHY** **OR** **RADIOTHERAPY APPARATUS,X-RAY TUBES AND** **OTHER** **X-RAY** **GENERATORS,** **HIGH** **TENSION** **GENERATORS, CONTROL PANELS AND DESKS, SCREENS,** **EXAMINATION OR TREATMENT TABLES, CHAIRS AND** **THE LIKE** _Apparatus based on the use of X-rays, whether_ _or_ _not_ _for_ _medical,_ _surgical,_ _dental_ _or_ _veterinary_ _uses,_ _including_ _radiography_ _or_ _radiotherapy apparatus_ **_:_** Computed tomography apparatus 9022 12 00 _-_ - u 10% 9022 13 00 -- Other, for dental uses u 10% 9022 14 _-- Other, for medical, surgical or veterinary uses :_ 9022 14 10 --- X-ray generators and apparatus (non-portable) u 15% 9022 14 20 --- Portable X-ray machine u 15% 9022 14 90 --- Other u 15% 9022 19 00 -- For other uses u 10% _-_ _Apparatus based on the use of alpha, beta or,_ _gamma or other ionising Radiations whether or_ _not for medical, surgical, dental or veterinary_ _uses, including radiography or radiotherapy_ _apparatus :_ 9022 21 00 -- For medical, surgical, dental or veterinary uses u 10% 9022 29 00 -- For other uses u 10% 9022 30 00 - X-ray tubes u 10% 9022 90 - _Other, including parts and accessories :_ 9022 90 10 --- X-ray valves u 10% ----- **SECTION-XVIII** **CHAPTER-90** **(1)** **(2)** **(3)** **(4)** **(5)** 9022 90 30 --- Radiation beam delivery units u 10% 9022 90 40 --- X-ray examination or treatment table, u 10% kg. 9022 90 90 -- chairs and the like Other 10% **9023** **INSTRUMENTS, APPARATUS AND MODELS, DESIGNED FOR** **DEMONSTRATIONAL PURPOSES (FOR EXAMPLE, IN** **EDUCATION** **OR** **EXHIBITIONS), UNSUITABLE** **FOR** **OTHER** **USES** 9023 00 _- Instruments, apparatus and models, designed for_ _demonstrational_ _purposes_ _(for_ _example,_ _in_ _education or exhibitions), unsuitable for other_ _uses:_ 9023 00 10 --- Teaching aids u 10% 9023 00 90 --- Other u 10% **9024** **MACHINES** **AND** **APPLIANCES** **FOR** **TESTING** **THE** **HARDNESS,** **STRENGTH,** **COMPRESSIBILITY,** **ELASTICITY OR OTHER** **MECHANICAL PROPERTIES OF MATERIALS (FOR EXAMPLE,** **METALS, WOOD, TEXTILES, PAPER, PLASTICS)** 9024 10 00 - Machines and appliances for testing metals u 7.5% 9024 80 _- Other machines and appliances :_ 9024 80 10 9024 80 91 -- _---_ --- For testing textiles, paper and paperboard _Other_ **_:_** For testing hardness u u 7.5% 7.5% 9024 80 99 ---- Other u 7.5% 9024 90 00 - Parts and accessories kg. 7.5% **9025** **HYDROMETERS** **AND** **SIMILAR** **FLOATING** **INSTRUMENTS,** **THERMOMETERS,** **PYROMETERS,** **BAROMETERS,** **HYGROMETERS AND PSYCHROMETERS,** **RECORDING OR** **NOT, AND ANY COMBINATION OF THESE INSTRUMENTS** _- Thermometers and pyrometers, not combined with_ _other instruments :_ 9025 11 _-- Liquid-filled, for direct reading :_ 9025 11 10 --- Clinical thermometers u 10% 9025 11 90 --- Other u 7.5% 9025 19 _-- Other :_ 9025 19 10 --- Digital thermometers u 10% 9025 19 20 --- Pyrometers u 7.5% 9025 19 90 --- Other u 7.5% 9025 80 _- Other instruments :_ 9025 80 10 --- Hydrometers and similar floating instruments u 7.5% 9025 80 20 --- Barometers, not combined with other instruments u 7.5% 9025 80 30 --- Lactometer u 7.5% ----- **SECTION-XVIII** **CHAPTER-90** **(1)** **(2)** **(3)** **(4)** **(5)** 9025 80 90 --- Other u 7.5% 9025 90 00 - Parts and accessories kg. 7.5% **9026** **INSTRUMENTS AND APPARATUS FOR MEASURING OR** **CHECKING THE FLOW, LEVEL, PRESSURE OR OTHER** **VARIABLES OF LIQUIDS OR GASES (FOR EXAMPLE, FLOW** **METERS,** **LEVEL** **GAUGES,** **MANOMETERS,** **HEAT** **METERS),** **EXCLUDING INSTRUMENTS AND APPARATUS OF HEADING** **9014, 9015, 9028** **OR** **9032** 9026 10 _- For measuring or checking the flow or level of liquids_ **_:_** 9026 10 10 --- Flow meters u Free 9026 10 20 --- Level gauges u Free 9026 10 90 --- Other u Free 9026 20 00 - For measuring or checking pressure u Free 9026 80 _- Other instruments or apparatus :_ 9026 80 10 --- Heat meters u Free 9026 80 90 --- Other u Free 9026 90 00 - Parts and accessories u Free **9027** **INSTRUMENTS** **AND** **APPARATUS** **FOR** **PHYSICAL** **OR** **CHEMICAL ANALYSIS** **(FOR EXAMPLE,** **POLARIMETERS,** **REFRACTOMETERS,** **SPECTROMETERS,** **GAS OR SMOKE** **ANALYSIS APPARATUS); INSTRUMENTS AND APPARATUS FOR** **MEASURING OR CHECKING VISCOSITY,** **POROSITY,** **EXPANSION,** **SURFACE TENSION OR THE LIKE;** **INSTRUMENTS AND APPARATUS FOR MEASURING OR** **CHECKING QUANTITIES OF HEAT,** **SOUND OR LIGHT** **(INCLUDING EXPOSURE METERS); MICROTOMES** 9027 10 00 - Gas or smoke analysis apparatus u 10% 9027 20 00 - Chromatographs and electrophoresis instruments u Free 9027 30 _- Spectrometers, spectrophotometers and_ _spectrographs using optical radiations (UV,_ _visible, IR) :_ 9027 30 10 --- Spectrometers u Free 9027 30 20 --- Spectrophotometers u Free 9027 30 90 --- Other u Free 9027 50 _- Other instruments and apparatus using optical_ _radiations (UV, visible, IR) :_ 9027 50 10 --- Photometers u Free 9027 50 20 --- Refractometers u Free 9027 50 30 --- Polarimeters u Free 9027 50 90 --- Other u Free _- Other instruments and apparatus:_ 9027 81 00 -- Mass spectrometeres u Free 9027 89 -- _Other:_ u Free 9027 89 10 --- Viscometers u Free ----- **SECTION-XVIII** **CHAPTER-90** **(1)** **(2)** **(3)** **(4)** **(5)** 9027 89 20 --- Calorimeters u Free 9027 89 30 --- Instruments and apparatus for measuring the u Free surface or interfocial tension of liquids 9027 89 90 --- Other u Free 9027 90 - _Microtomes: parts and accessories:_ 9027 90 10 --- Microtomes, including parts and accessories thereof kg. 7.5% 9027 90 20 --- Printed circuit assemblies for te goods of sub- kg. 7.5% heading 9027 80 9027 90 90 --- Other kg. 7.5% **9028** **GAS,** **LIQUID** **OR** **ELECTRICITY** **SUPPLY** **OR** **PRODUCTION** **METERS, INCLUDING CALIBRATING METERS THEREFOR** 9028 10 00 - Gas meters u 7.5% 9028 20 00 - Liquid meters u 7.5% 9028 30 _- Electricity meters :_ 9028 30 10 --- For alternating current u 25% 9028 30 90 --- Other u 15% 9028 90 - _Parts and accessories:_ 9028 90 10 --- For electricity meters kg. 20% 9028 90 90 --- Other kg. 7.5% **9029** **REVOLUTION COUNTERS, PRODUCTION COUNTERS,** **TAXIMETERS, MILEOMETERS, PEDOMETERS AND THE** **LIKE; SPEED INDICATORS AND TACHOMETERS, OTHER** **THAN** **THOSE** **OF** **HEADING** **9014** **OR** **9015;** **STROBOSCOPES** 9029 10 _- Revolution_ _counters,_ _production_ _counters,_ _taximeters, mileometers, pedometers and thelike :_ 9029 10 10 --- Taximeters u 10% 9029 10 90 --- Other u 7.5% 9029 20 _- Speed indicators and tachometers; stroboscopes :_ 9029 20 10 --- Tachometers, non-electrical u 7.5% 9029 20 20 --- Speedometers, non-electrical u 7.5% 9029 20 30 --- Stroboscopes u 7.5% 9029 20 90 --- Other u 7.5% 9029 90 00 - Parts and accessories kg. 7.5% **9030** **OSCILLOSCOPES,** **SPECTRUM** **ANALYSERS** **AND** **OTHER** **INSTRUMENTS AND APPARATUS FOR MEASURING OR** **CHECKING ELECTRICAL QUANTITIES, EXCLUDING** **METERS OF HEADING** **9028; INSTRUMENTS AND** **APPARATUS FOR MEASURING OR** **DETECTING** **ALPHA, BETA,** **GAMMA,** **X-RAY,** **COSMIC** **OR OTHER IONISING** **RADIATIONS** ----- **SECTION-XVIII** **CHAPTER-90** **(1)** **(2)** **(3)** **(4)** **(5)** 9030 10 00 - Instruments and apparatus for measuring u 7.5% or detecting ionising radiations 9030 20 00 - Oscilloscopes and oscillographs u 7.5% - _Other instruments and apparatus, for measuring_ _or checking voltage, current, resistance or power_ _(other than those for measuring or checking_ _semiconductor wafers or devices):_ 9030 31 00 -- Multimeters without a recording device u 7.5% 9030 32 00 -- Multimeters with a recording device u 7.5% 9030 33 -- Other, without a recording device: 9030 33 10 --- Ammeters, volt meters and watt meters u 7.5% 9030 33 20 --- Spectrum resistance meters u 7.5% 9030 33 30 --- Capacitance meter u 7.5% 9030 33 40 --- Frequency measuring apparatus u 7.5% 9030 33 50 --- Megar meters u 7.5% 9030 33 90 --- Other u 7.5% 9030 39 00 -- Other, with a recording device u 7.5% 9030 40 00 - Other instruments and apparatus, specially u Free designed for telecommunications (for example, cross-talk meters, gain measuring instruments, distortion factor meters, psophometers) _- Other instruments and apparatus :_ 9030 82 00 -- For measuring or checking semiconductor wafer u Free or devices (including integrated circuits) 9030 84 00 -- Other, with a recording device u 7.5% 9030 89 _-- Other :_ 9030 89 10 --- Scintillator counters u 7.5% 9030 89 20 --- Vectroscope u 7.5% 9030 89 90 --- Other u 7.5% 9030 90 _- Parts and accessories :_ 9030 90 10 --- Of meters and counters kg. 7.5% 9030 90 90 --- Other kg. 7.5% **9031** **MEASURING** **OR** **CHECKING** **INSTRUMENTS, APPLIANCES** **AND MACHINES, NOT SPECIFIED OR INCLUDED ELSEWHERE** **IN THIS CHAPTER; PROFILE PROJECTORS** 9031 10 00 - Machines for balancing mechanical parts u 7.5% 9031 20 00 - Test benches u 7.5% _- Other optical instruments and appliances :_ 9031 41 00 -- For inspecting semiconductor wafers or devices u Free (including integrated circuits) or for inspecting photomasks or reticles used in manufacturing semiconductor devices (including integrated circuits) 9031 49 00 -- Other u 15% 9031 80 00 - Other instruments, appliances and machines u 15% 9031 90 00 - Parts and accessories u 15% **9032** **AUTOMATIC** **REGULATING** **OR** **CONTROLLING** ----- **SECTION-XVIII** **CHAPTER-90** **(1)** **(2)** **(3)** **(4)** **(5)** 9032 10 _- Thermostats :_ 9032 10 10 --- For refrigerating and air-conditioning u 7.5% appliances and machinery 9032 10 90 --- Other u 7.5% 9032 20 _- Manostats :_ 9032 20 10 --- For refrigerating and air-conditioning u 7.5% 9032 10 90 -- 9032 20 90 9032 81 00 -- _-_ - appliances and machinery Other _Other instruments and apparatus :_ Hydraulic or pneumatic u u 7.5% 7.5% 9032 89 _-- Other :_ 9032 89 10 --- Electronic automatic regulators u 15% 9032 89 90 --- Other u 15% 9032 90 00 - Parts and accessories kg. 15% **9033 00 00** **PARTS AND ACCESSORIES (NOT SPECIFIED OR INCLUDED** **ELSEWHERE IN THIS CHAPTER) FOR MACHINES,** **APPLIANCES, INSTRUMENTS OR APPARATUS OF CHAPTER** **90** kg. 7.5% ----- **SECTION-XVIII** **CHAPTER-91** **CHAPTER** **91** **_Clocks and watches and parts thereof_** **NOTES** **:** 1. This Chapter does not cover : (a) clock or watch glasses or weights (classified according to their constituent material); (b) watch chains (heading 7131 or 7117, as the case may be); (c) parts of general use defined in Note 2 to Section XV, of base metal (Section XV), or similar goods of plastics (Chapter 39) or of precious metal or metal clad with precious metal (generally heading 7115); clock or watch springs are, however, to be classified as clock or watch parts (heading 9114); (d) bearing balls (heading 7326 or heading 8482, as the case may be); (e) articles of heading 8412 constructed to work without an escapement; (f) ball bearings (heading 8482); (g) articles of Chapter 85, not yet assembled together or with other components into watch or clock movements or into articles suitable for use solely or principally as parts of such movements (Chapter 85). 2. Heading 9101 covers only watches with case wholly of precious metal or of metal clad with precious metal, or of the same materials combined with natural or cultured pearls, or precious or semi-precious stones (natural, synthetic or reconstructed) of headings 7101 to 7104. Watches with case of base metal inlaid with precious metal fall in heading 9102. 3. For the purposes of this Chapter, the expression ―watch movements‖ means devices regulated by a balance-wheel and hairspring, quartz crystal or any other system capable of determining intervals of time, with a display or a system to which a mechanical display can be incorporated. Such watch movements shall not exceed 12 mm in thickness and 50 mm in width, length or diameter. 4. Except as provided in Note 1, movements and other parts suitable for use both in clocks or watches and in other articles (for example, precision instruments) are to be classified in this Chapter. **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **9101** **WRIST-WATCHES, POCKET-WATCHES AND OTHER** **WATCHES, INCLUDING STOP-WATCHES, WITH CASE OF** **PRECIOUS METAL OR OF METAL CLAD WITH PRECIOUS** **METAL** - _Wrist-watches, electrically operated whether or_ _not incorporating a stop-watch facility :_ ----- **SECTION-XVIII** **CHAPTER-91** **(1)** **(2)** **(3)** **(4)** **(5)** 9101 11 00 -- With mechanical display only u 20% 9101 19 00 -- Other u 20% _- Other_ _wrist-watches,_ _whether_ _or_ _not_ _incorporating a stop-watch facility :_ 9101 21 00 -- With automatic winding u 20% 9101 29 00 _--_ Other u 20% _- Other :_ 9101 91 _-- Electrically operated :_ 9101 91 10 --- Pocket watches u 20% 9101 91 20 --- Stop watches u 20% 9101 91 90 --- Other u 20% 9101 99 _-- Other :_ 9101 99 10 --- Pocket watches u 20% 9101 99 20 --- Stop watches u 20% 9101 99 90 --- Other u 20% **9102** **WRIST-WATCHES, POCKET-WATCHES** **AND OTHER WATCHES,** **INCLUDING** **STOP** **WATCHES, OTHER THAN THOSE** **OF** **HEADING** - _wrist-watches, electrically operated, whether or not_ _incorporating a stop-watch facility :_ 9102 11 00 -- With mechanical display only u 20% 9102 12 00 -- With opto-electronic display only u 20% 9102 19 00 9102 21 00 - _-_ - Other _Other wrist-watches, whether or not incorporating_ _a stop-watch facility :_ With automatic winding u u 20% 20% 9102 29 00 -- Other u 20% _- Other :_ 9102 91 _-- Electrically operated :_ 9102 91 10 --- Pocket watches u 20% 9102 91 20 --- Stop watches u 20% 9102 91 90 --- Other u 20% 9102 99 _-- Other :_ 9102 99 10 --- Pocket watches u 20% 9102 99 20 --- Stop watches u 20% 9102 99 90 --- Other u 20% **9103** **CLOCKS** **WITH** **WATCH** **MOVEMENTS,** **EXCLUDING** **CLOCKS** **OF** **HEADING 9104** 9103 10 00 - Electrically operated u 20% 9103 90 00 - Other u 20% **9104 00 00** **INSTRUMENT PANEL CLOCKS AND CLOCKS OF A SIMILAR** **TYPE FOR VEHICLES, AIRCRAFT, SPACECRAFT** **OR VESSELS** u 15% ----- **SECTION-XVIII** **CHAPTER-91** **(1)** **(2)** **(3)** **(4)** **(5)** **9105** **OTHER** **CLOCKS** _- Alarm clocks :_ 9105 11 00 -- Electrically operated u 20% 9105 19 00 -- Other u 20% _- Wall clocks :_ 9105 21 00 -- Electrically operated u 20% 9105 29 00 -- Other u 20% _- Other :_ 9105 91 00 -- Battery, accumulator or mains powered u 20% 9105 99 _-- Other :_ 9105 99 10 --- Time pieces u 20% 9105 99 90 --- Other u 20% **9106** **TIME** **OF** **DAY** **RECORDING** **APPARATUS** **AND** **APPARATUS** **FOR** **MEASURING,** **RECORDING OR OTHERWISE INDICATING** **INTERVALS OF TIME,** **WITH CLOCK OR WATCH MOVEMENT** **OR WITH SYNCHRONOUS MOTOR** **(FOR EXAMPLE,** **TIME-** **REGISTERS, TIME-RECORDERS)** 9106 10 00 - Time-registers; time-recorders u 10% 9106 90 00 - Other u 10% **9107 00 00** **TIME** **SWITCHES** **WITH** **CLOCK** **OR** **WATCH** **MOVEMENT OR** u 10% **WITH SYNCHRONOUS MOTOR** **9108** **WATCH** **MOVEMENTS,** **COMPLETE** **AND** **ASSEMBLED** _- Electrically operated :_ 9108 11 00 -- With mechanical display only or with a deviceto u 5% which a mechanical display can be incorporated 9108 12 00 -- With opto-electronic display only u 5% 9108 19 00 -- Other u 5% 9108 20 00 - With automatic winding u 5% 9108 90 00 - Other u 5% **9109** **CLOCK** **MOVEMENTS,** **COMPLETE** **AND** **ASSEMBLED** 9109 10 - _Electrically operated:_ 9109 10 10 --- Of alarm clocks u 10% 9109 10 90 --- Other u 10% 9109 90 00 - Other u 10% **9110** **COMPLETE** **WATCH** **OR** **CLOCK** **MOVEMENTS,** **UNASSEMBLED OR PARTLY ASSEMBLED (MOVEMENT SETS);** **INCOMPLETE WATCH OR CLOCK MOVEMENTS, ASSEMBLED;** **ROUGH WATCH OR CLOCK MOVEMENTS** _- Of watches :_ ----- **SECTION-XVIII** **CHAPTER-91** **(1)** **(2)** **(3)** **(4)** **(5)** 9110 11 00 -- Complete movements, unassembled or u 5% partly assembled (movement sets) 9110 12 00 -- Incomplete movements, assembled u 5% 9110 19 00 -- Rough movements u 5% 9110 90 00 - Other u 10% **9111** **WATCH** **CASES** **AND** **PARTS** **THEREOF** 9111 10 00 - Cases of precious metal or of metal clad u 10% with precious metal 9111 20 00 - Cases of base metal, whether or not gold- or u 10% silver-plated 9111 80 00 - Other cases u 10% 9111 90 00 - Parts kg. 10% **9112** **CLOCK** **CASES** **AND** **CASES** **OF** **A** **SIMILAR** **TYPE** **FOR** **OTHER** **GOODS** **OF** **THIS** **CHAPTER,** **AND** **PARTS** **THEREOF** 9112 20 00 - Cases u 10% 9112 90 00 - Parts kg. 10% **9113** **WATCH STRAPS, WATCH BANDS** **AND WATCH BRACELETS,** **AND PARTS THEREOF** 9113 10 00 - Of precious metal or of metal clad with precious u 10% metal 9113 20 _- Of base metal, whether or not gold- or silver-plated:_ 9113 20 10 --- Parts kg. 10% 9113 20 90 --- Other kg. 10% 9113 90 _- Other :_ 9113 90 10 --- Parts kg. 10% 9113 90 90 --- Other kg. 10% **9114** **OTHER** **CLOCK** **OR** **WATCH** **PARTS** 9114 30 _- Dials :_ 9114 30 10 --- For watches kg. 5% 9114 30 20 --- For clocks kg. 10% 9114 40 _- Plates and bridges :_ 9114 40 10 --- For watches kg. 10% 9114 40 20 --- For clocks kg. 10% 9114 90 _- Other :_ 9114 90 30 9114 90 40 ---- Jewels Springs, including hair-springs kg. kg. 10% 10% --- Other: 9114 90 91 ---- For watches kg. 10% 9114 90 92 ---- For clocks kg. 10% ----- **SECTION-XVIII** **CHAPTER-92** **CHAPTER** **92** **_Musical instruments; parts and accessories of such articles_** **NOTES** **:** 1. This Chapter does not cover: (a) parts of general use, as defined in Note 2 to Section XV, of base metal (Section XV), or similar goods of plastics (Chapter 39); (b) microphones, amplifiers, loud-speakers, head-phones, switches, stroboscopes or other accessory instruments, apparatus or equipment of Chapter 85 or 90, for use with but not incorporated in or housed in the same cabinet as instruments of this Chapter; (c) toy instruments or apparatus (heading 9503); (d) brushes for cleaning musical instruments (heading 9603), or monopods, bipods, tripods and similar articles (heading 9620); or (e) collectors‗ pieces or antiques (heading 9705 or 9706) 2. Bows and sticks and similar devices used in playing the musical instruments of heading 9202 or 9206 presented with such instruments in numbers normal thereto and clearly intended for use therewith, are to be classified in the same heading as the relative instruments. Cards, discs and rolls of heading 9209 presented with an instrument are to be treated as separate articles and not as forming a part of such instrument. **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard** **Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **9201** **PIANOS, INCLUDING** **AUTOMATIC** **PIANOS;** **HARPSI-CHORDS** **AND OTHER KEYBOARD STRINGED INSTRUMENTS** 9201 10 00 - Upright pianos u 10% 9201 20 00 - Grand pianos u 10% 9201 90 00 - Other u 10% **9202** 9202 10 00 **OTHER** **STRING** **MUSICAL** **INSTRUMENTS** **(FOR** **EXAMPLE,** **GUITARS, VIOLINS, HARPS)** - Played with a bow u 10% 9202 90 00 - Other u 10% ----- **SECTION-XVIII** **CHAPTER-92** **(1)** **(2)** **(3)** **(4)** **(5)** **9205** 9205 10 00 u **WIND** **MUSICAL** **INSTRUMENTS** **(FOR** **EXAMPLE,** **KEYBOARD** **PIPE** **ORGANS,** **ACCORDIONS,** **CLARINETS,** **TRUMPETS,** **BAGPIPES)** **OTHER THAN FAIRGROUND** **ORGANS AND |MECHANICAL STREET ORGANS** Brass-wind instruments 10% 9205 90 _- Other :_ 9205 90 10 --- Flutes u 10% 9205 90 20 --- Clarinets u 10% 9205 90 90 --- Other u 10% **9206 00 00** **PERCUSSION MUSICAL INSTRUMENTS (FOR EXAMPLE,** u 10% **DRUMS,** **XYLOPHONES,** **CYMBOLS,** **CASTANETS,** **MARACAS)** **9207** **MUSICAL** **INSTRUMENTS,** **THE** **SOUND** **OF** **WHICH** **IS** **PRODUCED,** **OR MUST BE AMPLIFIED,** **ELECTRICALLY** **(FOR EXAMPLE, ORGANS, GUITARS, ACCORDIONS)** 9207 10 00 - Keyboard instruments, other than accordions u 10% 9207 90 00 - Other u 10% **9208** **MUSICAL BOXES, FAIRGROUND ORGANS, MECHANICAL** **STREET ORGANS, MECHANICAL SINGING BIRDS,** **MUSICAL SAWS AND OTHER MUSICAL INSTRUMENTS** **NOT FALLING WITHIN ANY OTHER HEADING OF THIS** **CHAPTER; DECOY CALLS OF ALL KINDS; WHISTLES,** **CALL** **HORNS** **AND** **OTHER** **MOUTH-BLOWN** **SOUND** **SIGNALLING INSTRUMENTS** 9208 10 00 - Musical boxes u 10% 9208 90 00 - Other u 10% **9209** **PARTS** **(FOR EXAMPLE, MECHANISMS FOR MUSICAL** **BOXES) AND ACCESSORIES (FOR EXAMPLE, CARDS,** **DISCS AND ROLLS FOR MECHANICAL INSTRUMENTS)** **OF MUSICAL** **INSTRUMENTS;** **METRONOMES,** **TUNING** **FORKS AND PITCH PIPES OF ALL KINDS** 9209 30 00 9209 91 00 _-_ - Musical instrument strings _Other :_ Parts and accessories for pianos kg. kg. 10% 10% 9209 92 00 -- Parts and accessories for the musical kg. 10% kg. kg. 9209 94 00 9209 99 00 - - instruments of heading 9202 Parts and accessories for the musical instruments of heading 9207 Other 10% 10% ----- **SECTION-XIX** **CHAPTER-93** **SECTION XIX** **ARMS AND AMMUNITION; PARTS AND ACCESSORIES THEREOF** **CHAPTER** **93** **_Arms and ammunition; parts and accessories thereof_** **NOTES** **:** 1. This Chapter does not cover : (a) goods of Chapter 36 (for example, percussion caps, detonators, signalling flares); (b) parts of general use, as defined in Note 2 to Section XV, of base metal (Section XV), or similar goods of plastics (Chapter 39); (c) armoured fighting vehicles (heading 8710); (d) telescopic sights or other optical devices suitable for use with arms, unless mounted on a firearm or presented with the firearm on which they are designed to be mounted (Chapter 90); (e) bows, arrows, fencing foils or toys (Chapter 95); or (f) collectors' pieces or antiques (heading 9705 or 9706). 2. In heading 9306, the reference to "parts thereof" does not include radio or radar apparatus of heading 8526. **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard** **Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **9301** **MILITARY** **WEAPONS,** **OTHER** **THAN** **REVOLVERS,** **PISTOLS** **AND THE ARMS OF HEADING** 9301 10 9301 10 10 -- Artillery weapons (for example, guns, howitzers and mortars): Self propelled u 10% 9301 10 90 --- Other u 10% 9301 20 00 - Rocket launchers; flame- throwers; grenade u 10% u 9301 90 00 launchers; torpedo tubes and similar projectors Other 10% **9302 00 00** **REVOLVERS** **AND PISTOLS, OTHER THAN THOSE OF** **HEADING 9303 OR 9304** u 10% ----- **SECTION-XIX** **CHAPTER-93** **(1)** **(2)** **(3)** **(4)** **(5)** **9303** **OTHER** **FIREARMS** **AND** **SIMILAR** **DEVICES** **WHICH** **OPERATE BY THE FIRING OF AN EXPLOSIVE CHARGE** **(FOR EXAMPLE, SPORTING SHOTGUNS AND RIFLES,** **MUZZLE-LOADING FIREARMS, VERY PISTOLS AND** **OTHER DEVICES DESIGNED TO PROJECT ONLY SIGNAL** **FLARES,** **PISTOLS AND REVOLVERS FOR FIRING BLANK** **AMMUNITION,** **CAPTIVE-BOLT HUMANE KILLERS,** **LINE-** **THROWING GUNS)** 9303 10 00 - Muzzle-loading firearms u 10% 9303 20 00 - Other sporting, hunting or target-shooting u 10% shotguns, including combination shotgun-rifles 9303 30 00 - Other sporting, hunting or target-shooting u 10% rifles u 9303 90 00 - Other 10% **9304 00 00** **OTHER ARMS** **(FOR EXAMPLE, SPRING, AIR OR GAS GUNS** u 10% **AND PISTOLS, TRUNCHEONS), EXCLUDING THOSE OF** **HEADING 9307** **9305** **PARTS** **AND** **ACCESSORIES** **OF** **ARTICLES** **OF** **HEADINGS** **9301 TO 9304** 9305 10 00 - Of revolvers or pistols kg. 10% 9305 20 - _Of shotguns or rifles of heading 9303 :_ 9305 20 10 --- Shotgun barrels kg. 10% 9305 20 90 9305 91 00 -- - Other _Other :_ Of military weapons of heading 9301 kg. kg. 10% 10% 9305 99 00 -- Other kg. 10% **9306** **BOMBS** **,** **GRENADES,** **TORPEDOES,** **MINES,** **MISSILES, AND** **SIMILAR** **MUNITIONS** **OF** **WAR** **AND** **PARTS** **THEREOF;** **CARTRIDGES AND OTHER AMMUNITION AND PROJECTILES** **AND PARTS THEREOF,** **INCLUDING SHOT AND CARTRIDGE** **WADS** _-_ _Shotgun cartridges and parts thereof; air gun_ _pellets :_ 9306 21 00 -- Cartridges kg. 10% 9306 29 00 -- Other kg. 10% 9306 30 00 - Other cartridges and parts thereof u 10% 9306 90 00 - Other u 10% **9307 00 00** **SWORDS,** **CUT** **LASSES, BAYONETS,** **LANCES** **AND** **SIMILAR** u 10% **ARMS AND PARTS THEREOF AND SCABBARDS AND SHEATHS** **THEREFOF** 9306 21 00 _-_ - ----- **SECTION-XX** **CHAPTER-94** **SECTION XX** **MISCELLANEOUS MANUFACTURED ARTICLES** **CHAPTER** **94** **_Furniture; bedding, mattresses, mattress supports, cushions and similar stuffed furnishing;_** **_luminaires and lighting fittings, not elsewhere specified or included; illuminated signs, illuminated_** **_name- plates and the like; prefabricated building_** **NOTES** **:** 1. This Chapter does not cover : (a) pneumatic or water mattresses, pillows or cushions, of Chapter 39, 40 or 63; (b) mirrors designed for placing on the floor or ground [for example, cheval-glasses (swing mirrors)] of heading 7009; (c) articles of Chapter 71; (d) parts of general use as defined in Note 2 to Section XV, of base metal (Section XV), or similar goods of plastics (Chapter 39), or safes of heading 8303; (e) furniture specially designed as parts of refrigerating or freezing equipment of heading 8418; furniture specially designed for sewing machines (heading 8452); (f) lamps or light sources and parts thereof Chapter 85; (g) furniture specially designed as parts of apparatus of heading 8518 (heading 8518), of headings 8519 or 8521 (heading 8522) or of headings 8525 to 8528 (heading 8529); (h) articles of heading 8714; (ij) dentists' chairs incorporating dental appliances of heading 9018 or dentists' spittoons (heading 9018); (k) articles of Chapter 91 (for example, clocks and clock cases); (l) toy furniture or toy, luminaires and lighting fittings (heading 9503), billiard tables or other furniture specially constructed for games (heading 9504), furniture for conjuring tricks or decorations (other than lightings strings) such as Chinese lanterns (heading 9505) or. (m) monopods, bipods, tripods and similar articles (heading 9620). 2. The articles (other than parts) referred to in headings 9401 to 9403 are to be classified in those headings only if they are designed for placing on the floor or ground. The following are, however, to be classified in the above-mentioned headings even if they are designed to be hung, to be fixed to the wall or to stand one on the other: (a) Cupboards, bookcases, other shelved furniture (including single shelves presented with supports for fixing them to the wall) and unit furniture; (b) seats and beds. 3. (A) In headings 9401 to 9403 references to parts of goods do not include references to sheets or slabs (whether or not cut to shape but not combined with other parts) of glass (including mirrors), ----- **SECTION-XX** **CHAPTER-94** marble or other stone or of any other material referred to in Chapter 68 or 69. (B) Goods described in heading 9404, presented separately, are not to be classified in heading 9401, 9402 or 9403 as parts of goods. 4. For the purposes of heading 9406, the expression ―prefabricated buildings‖ means buildings which are finished in the factory or put up as elements, presented together, to be assembled on site, such as housing or worksite accommodation, offices, schools, shops, sheds, garages or similar buildings. Prefabricated buildings include "modular building units" of steel, normally presented in the size and shape of a standard shipping container, but substantially or completely pre-fitted internally. Such modular building units are normally designed to be assembled together to form permanent buildings. **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard** **Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **9401** **SEATS** **(OTHER** **THAN** **THOSE** **OF** **HEADING** **9402),** **WHETHER OR NOT CONVERTIBLE INTO BEDS, AND PARTS** **THEREOF** 9401 10 00 - Seats of a kind used for aircraft u 25% 9401 20 00 - Seats of a kind used for motor vehicles u 25% - _Swivel seats with variable height adjustment:_ 9401 31 00 -- Of wood u 25% 9401 39 00 -- Other u 25% - _Seats other than garden seats or camping_ _equipment, convertible into beds:_ 9401 41 00 -- Of wood u 25% 9401 49 00 -- Other u 25% - Seats of cane, osier, bamboo or similar materials: 9401 52 00 -- Of bamboo u 25% 9401 53 00 -- Of rattan u 25% 9401 59 00 9401 61 00 9401 69 00 9401 71 00 - _-_ - - _-_ - Other _Other seats, with wooden frames :_ Upholstered Other _Other seats, with metal frames :_ Upholstered u u u u 25% 25% 25% 25% 9401 79 00 -- Other u 25% 9401 80 00 - Other seats u 25% - _Parts:_ 9401 91 00 -- Of wood kg. 25% 9401 99 00 -- Other kg. 25% ----- **9402** **MEDICAL, SURGICAL, DENTAL OR VETERINARY** **FURNITURE** **(FOR EXAMPLE, OPERATING TABLES,** **EXAMINATION TABLES, HOSPITAL BEDS WITH** **MECHANICAL FITTINGS, DENTISTS' CHAIRS); BARBERS'** **CHAIRS AND SIMILAR CHAIRS, HAVING ROTATING AS** **WELL** **AS** **BOTH** **RECLINING** **AND** **ELEVATING** **MOVEMENTS; PARTS OF THE FOREGOING ARTICLES** 9402 10 - _Dentists', barbers' or similar chairs and parts_ _thereof :_ 9402 10 10 --- Dentists' chairs and parts thereof u 10% 9402 10 90 --- Other u 10% 9402 90 - _Other :_ 9402 90 10 --- Hospital beds with mechanical fittings u 10% 9402 90 20 --- Parts u 10% 9402 90 90 --- Other u 10% **9403** **OTHER** **FURNITURE** **AND** **PARTS** **THEREOF** 9403 10 _- Metal furniture of a kind used in offices :_ 9403 10 10 --- Of steel kg. 25% 9403 10 90 --- Other kg. 25% 9403 20 - _Other metal furniture :_ 9403 20 10 --- Of steel kg. 25% 9403 20 90 --- Other kg. 25% 9403 30 - _Wooden furniture of a kind used in offices :_ 9403 30 10 --- Cabinetware kg. 25% 9403 30 90 --- Other kg. 25% 9403 40 00 - Wooden furniture of a kind used in the kitchen u 25% 9403 50 - _Wooden furniture of a kind used in the bed room :_ 9403 50 10 --- Bed stead u 25% 9403 50 90 --- Other u 25% 9403 60 00 - Other wooden furniture u 25% 9403 70 00 9403 82 00 - Furniture of plastics _Furniture of other materials, including cane, osier,_ _bamboo or similar materials :_ Of bamboo kg. u 25% 25% 9403 83 00 -- Of rattan u 25% 9403 89 00 -- Other u 25% - _Parts:_ 9403 91 00 -- Of wood kg. 25% 9403 99 00 -- Other kg. 25% **9404** **MATTRESS SUPPORTS; ARTICLES OF BEDDING AND** **SIMILAR FURNISHING (FOR EXAMPLE, MATTRESSES,** **QUILTS, EIDERDOWNS, CUSHIONS, POUFFES AND** **PILLOWS) FITTED WITH SPRINGS OR STUFFED OR** **INTERNALLY FITTED WITH ANY MATERIAL OR OF** **CELLULAR** **RUBBER** **OR** **PLASTICS,** **WHETHER** **OR** **NOT** **COVERED** 9404 10 00 - Mattress supports kg. 25% _- Mattresses :_ 9404 21 -- _Of cellular rubber or plastics, whether or not_ _covered :_ ----- 9404 29 10 --- Spring interior u 25% 9404 29 20 --- Of Rubberised coir with or without combination of u 25% other materials, whether or not with metallicsprings. 9404 29 90 --- other u 25% 9404 30 - _Sleeping bags_ **_:_** 9404 30 10 --- Filled with feathers or down u 25% 9404 30 90 9404 40 9404 40 10 9404 40 20 9404 40 30 9404 40 40 -- -------- Other _Quilts,_ _bedspreads,_ _eiderdowns_ _and_ _duvets_ (comforters): Quilts Bedspreads Eiderdowns Duvets (comforters) u u u u u 25% 25% 25% 25% 25% 9404 90 00 - Other kg. 25% **9405** **LUMINAIRES** **AND** **LIGHTING** **FITTINGS** **INCLUDING** **SEARCHLIGHTS AND SPOTLIGHTS AND PARTS THEREOF,** **NOT** **ELSEWHERE** **SPECIFIED** **OR** **INCLUDED;** **ILLUMINATED SIGNS,** **ILLUMINATED NAME-PLATES AND** **THE LIKE,** **HAVING A PERMANENTLY FIXED LIGHT** **SOURCE,** **AND PARTS THEREOF NOT ELSEWHERE** **SPECIFIED OR INCLUDED** - _Chandeliers and other electric ceiling or wall_ _lighting fittings, excluding those of a kind used for_ _lighting public open spaces or thoroughfares:_ 9405 11 00 -- Designed for use solely with light-emitting diode u 25% (LED) light sources 9405 19 00 -- Other u 25% - _Electric table, desk, bedside or floor-standing_ _luminaires:_ 9405 21 00 -- Designed for use solely with light-emitting diode u 25% (LED) light sources 9405 29 00 -- Other u 25% - _Lighting strings of a kind used for Christmas trees:_ 9405 31 00 -- Designed for use solely with light-emitting diode u 25% (LED) light sources 9405 39 00 -- Other u 25% - _Other electric luminaires and lighting fittings:_ 9405 41 00 -- [Photovoltaic, designed for use solely with light- ] u 25% emitting diode (LED) light sources 9405 42 00 -- Other, designed for use solely with light-emitting u 25% diode (LED) light sources 9405 49 00 -- Other u 25% u 25% u 25% 9405 50 00 Non-electrical luminaires and lighting fittings _Illuminated signs, illuminated name-plates and the_ _like:_ 9405 61 00 -- Designed for use solely with light-emitting diode (LED) light sources 9405 69 00 -- Other - _Parts:_ 9405 91 00 -- Of glass 9405 92 00 -- Of plastics 9405 99 00 -- Other u kg. kg. kg. 25% 25% 25% 25% ----- **9406** **PREFABRICATED** **BUILDINGS** 9406 10 - _Of wood:_ 9406 10 10 --- Green-houses u 10% 9406 10 20 --- For cold storage u 10% 9406 10 30 --- Silos for storing ensilage u 10% 9406 10 90 --- Other u 10% 9406 20 00 - Modular building units, of steel u 10% 9406 90 - _Other:_ 9406 90 10 --- Green-houses u 10% 9406 90 20 --- For cold storage u 10% 9406 90 30 --- Silos for storing ensilage u 10% 9406 90 90 --- Other u 10% ----- **SECTION-XX** **CHAPTER-95** **CHAPTER** **95** **_Toys, games and sports requisites; parts and accessories thereof_** **NOTES** **:** 1. This Chapter does not cover : (a) Candles (heading 3406); (b) fireworks or other pyrotechnic articles of heading 3604; (c) yarns, monofilament, cords or gut or the like for fishing, cut to length but not made up into fishing lines, of Chapter 39, heading 4206 or Section XI; (d) sports bags or other containers of heading 4202, 4303 or 4304; (e) fancy dress of textiles, of Chapter 61 or 62; sports clothing and special articles of apparel of textiles, of Chapter 61or 62, whether or not incorporating incidentally protective components such as pads or padding in the elbow, knee or groin areas (for example, fencing clothing or soccer goalkeeper jerseys); (f) textile flags or bunting, or sails for boats, sailboards or land craft, of Chapter 63; (g) sports footwear (other than skating boots with ice or roller skates attached) of Chapter 64, or sports headgear of Chapter 65; (h) walking-sticks, whips, riding-crops or the like (heading 6602), or parts thereof (heading 6603); (ij) unmounted glass eyes for dolls or other toys, of heading 7018; (k) parts of general use, as defined in Note 2 to Section XV, of base metal (Section XV), or similar goods of plastics (Chapter 39); (l) bells, gongs or the like of heading 8306; (m) pumps for liquids (heading 8413), filtering or purifying machinery and apparatus for liquids or gases (heading 8421), electric motors (heading 8501), electric transformers (heading 8504), discs, tapes, solid-state non-volatile storage devices, ―smart cards‖ and other media for the recording of sound or of other phenomena, whether or not recorded (heading 8523), radio remote control apparatus (heading 8526) or cordless infrared remote control devices (heading 8543); (n) sports vehicles (other than bobsleighs, toboggans and the like) of Section XVII; (o) children‗s bicycles (heading 8712); (p) unmanned aircraft (heading 8806); (q) sports craft such as canoes and skiffs (Chapter 89), or their means of propulsion (Chapter 44 for such articles made of wood); (r) spectacles, goggles or the like, for sports or outdoor games (heading 9004); (s) decoy calls or whistles (heading 9208); (t) arms or other articles of Chapter 93; ----- **SECTION-XX** **CHAPTER-95** (u) Lighting strings of all kinds (heading 9405); (v) monopods, bipods, tripods and similar articles (heading 9620); (w) racket strings, tents or other camping goods, or gloves, mittens and mitts (Classified according to the constituent material); or (x) Tableware, kitchenware, toilet articles, carpets and other textile floor coverings, apparel, bed linen, table lines, toilet linen, kitchen linen and similar articles having a utilitarian function (classified according to their constituent material). 2. This Chapter includes articles in which natural or cultured pearls, precious or semi-precious stones (natural, synthetic or reconstructed ), precious metal or metal clad with precious metal constitute only minor constituents. 3. Subject to Note 1 above, parts and accessories which are suitable for use solely or principally with articles of this Chapter are to be classified with those articles. 4. Subject to the provisions of Note 1, heading 9503 applies, inter alia, to articles of this heading combined with one or more items, which cannot be considered as sets under the terms of rule 3 (b) of the General rules for Interpretation of this schedule, and which, if presented separately, would be classified in other headings, provided the articles are put up together for retail sale and the combinations have the essential character of toys. 5. Heading 9503 does not cover articles which, on account of their design, shape or constituent material, are identifiable as intended exclusively for animals, for example, ―pet toys‖ (classification in their own appro-priate heading). 6. For the purposes of heading 9508: (a) The expression ―amusement park rides‖ means a device or combination of devices or equipment that carry, convey, or direct a person or persons over or through a fixed or restricted course, including watercourses, or within a defined area for the primary purposes of amusement or entertainment. Such rides may be combined within an amusement park, theme park, water park or fairground. These amusement park rides do not include equipment of a kind commonly installed in residences or playgrounds; (b) The expression ―water park amusements‖ means a device or combination of devices or equipment that are characterised by a defined area involving water, with no purposes built path. Water park amusements only include equipment designed specifically for water parks; and (c) The expression ―fairground amusements‖ means games of chance, strength or skill, which commonly employ an operator or attendant and may be installed in permanent buildings or independent concession stalls. Fairground amusements do not include equipment of heading 9504. This heading does not include equipment more specifically classified elsewhere in the Nomenclature. **SUB-HEADING NOTE** Sub-heading 9504 50 covers : (a) Video game consoles from which the image is reproduced on television receiver, a monitor or other external screen or surface; or (b) Video game machines having a self-contained video screen, whether or not portable. This sub-heading does not cover video game consoles or machines operated by coins banknotes bank ----- **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard** **Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **9503** **TRICYCLES, SCOOTERS, PEDAL** **CARS** **AND SIMILAR** **WHEELED TOYS; DOLLS' CARRIAGES; DOLLS; OTHER** **TOYS;** **REDUCED-SIZE** **("SCALE")** **MODELS** **AND** **SIMILAR RECREATIONAL MODELS,** **WORKING OR NOT;** **PUZZLES OF ALLKINDS** 9503 00 - _Tricycles, scooters, pedal cars and similar_ _wheeled toys; dolls' carriages; dolls; other_ _toys; reduced-size (“scale”) models and_ _similar recreational models, working or not;_ _puzzles of all kinds:_ 9503 00 10 --- Electronic u 70% 9503 00 20 --- Non electronic u 70% --- _Parts:_ 9503 00 91 ---- Of electronic toys u 70% 9503 00 99 ---- Other u 70% **9504** **VIDEO GAME CONSOLES AND MACHINES, TABLE OR** **PARLOUR** **GAMES,** **INCLUDING** **PINTABLES,** **BILLIARDS, SPECIAL TABLES FOR CASINO GAMES** **AND** **AUTOMATIC** **BOWLING** **EQUIPMENT,** **AMUSEMENT** **MACHINES** **OPERATED** **BY** **COINS,** **BANKNOTES, BANK CARDS, TOKENS OR BY ANY** **OTHER MEANS OF PAYMENT** 9504 20 00 - Articles and accessories for billiards of all kinds u 20% 9504 30 00 9504 40 00 9504 50 00 9504 90 Other games, operated by coins, banknotes, bank cards, tokens or by any other means of payment, other than automatic bowling alley equipment Playing cards Video game consoles and machines, other than those of sub-heading 9504 30 _Other :_ u u 20% 20% u 20% 9504 90 10 --- Chess set, all types u 20% 9504 90 20 --- Carrom board, with or without coins and strikers u 20% 9504 90 90 --- Other u 20% **9505** **FESTIVE,** **CARNIVAL** **OR** **OTHER** **ENTERTAINMENT** **ARTICLES, INCLUDING CONJURING TRICKS AND NOVELTY** **JOKES** 9505 10 00 - Articles for Christmas festivities kg. 20% 9505 90 - _Other :_ 9505 90 10 --- Magical equipments kg. 20% 9505 90 90 --- Other kg. 20% **9506** **ARTICLES AND EQUIPMENT FOR GENERAL PHYSICAL** **EXERCISE, GYMNASTICS, ATHLETICS, OTHER SPORTS** **(INCLUDING TABLE-TENNIS) OR OUT-DOOR GAMES,** **NOT SPECIFIED OR INCLUDED ELSEWHERE IN THIS** ----- 9506 11 00 -- Skis u 20% 9506 12 00 -- Ski-fastenings (ski-bindings) kg. 20% 9506 19 00 -- Other kg. 20% - _Water-skis, surf-boards, sailboards and other_ _water-sport equipment :_ 9506 21 00 -- Sailboards u 20% 9506 29 00 -- Other u 20% - _Golf clubs and other golf equipment :_ 9506 31 00 -- Clubs, complete u 20% 9506 32 00 -- Balls u 20% 9506 39 00 -- Other kg. 20% 9506 40 00 - Articles and equipment for table-tennis u 20% _- Tennis, badminton or similar rackets, whether or_ _not strung :_ 9506 51 00 -- Lawn-tennis rackets, whether or not strung u 20% 9506 59 -- _Other :_ 9506 59 10 --- Squash or racketball badminton rackets, u 20% whether or not strung 9506 59 90 --- Other u 20% _- Balls, other than golf balls and table-tennis balls_ **_:_** 9506 61 00 -- Lawn-tennis balls u 20% 9506 62 -- _Inflatable_ **_:_** 9506 62 10 --- Football u 20% 9506 62 20 --- Volley ball u 20% 9506 62 30 --- Basket ball u 20% 9506 62 90 --- Other u 20% 9506 69 -- _Other :_ 9506 69 10 --- Hockey ball u 20% 9506 69 20 --- Cricket ball u 20% 9506 69 30 --- Golf ball u 20% 9506 69 40 --- Rugby ball u 20% 9506 69 90 --- Other u 20% 9506 70 00 - Ice skates and roller skates, including skating u 20% boots with skates attached _- Other :_ 9506 91 -- _Articles and equipment for general physical exercise,_ _gymnastics or athletics :_ 9506 91 10 --- Boxing equipment kg. 10% 9506 91 90 --- Other kg. 10% 9506 99 -- _Other :_ 9506 99 10 --- Badminton shuttle cocks u 20% 9506 99 20 --- Leg pads and bats for cricket u 20% 9506 99 30 --- Shoulder pads for football u 20% 9506 99 40 --- Hockey sticks and blades u 20% 9506 99 50 --- Polo sticks including blades, shafts and heads u 20% 9506 99 60 --- Sports net u 20% ----- **SECTION-XX** **CHAPTER-95** **(1)** **(2)** **(3)** **(4)** **(5)** 9506 99 70 --- Tennis and badminton racket pressures u 20% 9506 99 80 9506 99 90 -- -- Shin-guards and elbow or shoulders pads excluding those for football; waist, thigh and hip protective equipment Other u u 20% 20% **9507** **FISHING RODS, FISH-HOOKS AND OTHER LINE FISHING** **TACKLE; FISH LANDING NETS, BUTTERFLY NETS AND** **SIMILAR NETS; DECOY ―BIRDS‖** **(OTHER THAN THOSE OF** **HEADING** **9208** **OR** **9705)** **AND** **SIMILAR** **HUNTING** **OR** **SHOOTING REQUISITES** 9507 10 00 - Fishing rods u 20% 9507 20 00 - Fish-hooks, whether or not snelled kg. 20% 9507 30 00 - Fishing reels u 20% 9507 90 - _Other :_ 9507 90 10 --- Fish landing and butterfly nets u 20% 9507 90 90 --- Other u 20% **9508** **TRAVELLING** **CIRCUSES** **AND** **TRAVELLING** **MENAGERIES; AMUSEMENT PARK RIDES AND WATER** **PARK** **AMUSEMENTS;** **FAIRGROUND** **AMUSEMENTS,** **INCLUDING SHOOTING GALLERIES; TRAVELLING** **THEATRES** 9508 10 00 - Travelling circuses and travelling menageries - _Amusement park rides and water park amusements:_ kg. 20% 20% 20% 20% 20% 20% 20% 20% 20% 20% 9508 21 00 9508 22 00 9508 23 00 9508 24 00 9508 25 00 9508 26 00 9508 29 00 9508 30 00 9508 40 00 - - Roller coasters - - Carousels, swings and roundabouts - - Dodge‗em cars -- Motion simulators and moving theatres -- Water rides -- Water park amusements -- Other - Fairground amusements - Travelling theatres u u u u u u u u u ----- **SECTION-XX** **CHAPTER-96** **CHAPTER** **96** **_Miscellaneous manufactured articles_** **NOTES** **:** 1. This Chapter does not cover : (a) pencils for cosmetic or toilet uses (Chapter 33); (b) articles of Chapter 66 (for example, parts of umbrellas or walking-sticks); (c) imitation Jewellery (heading 7117); (d) parts of general use, as defined in Note 2 of Section XV, of base metal (Section XV), or similar goods of plastics (Chapter 39); (e) cutlery or other articles of Chapter 82 with handles or other parts of carving or moulding materials; heading 9601 or 9602 applies, however, to separately presented handles or other parts of such articles; (f) articles of Chapter 90, for example, spectacle frames (heading 9003), mathematical drawing pens (heading 9017), brushes of a kind specialised for use in dentistry or for medical, surgical or veterinary purposes (heading 9018); (g) articles of Chapter 91 (for example, clock or watch cases); (h) musical instruments or parts or accessories thereof (Chapter 92); (ij) articles of Chapter 93 (arms and parts thereof); (k) articles of Chapter 94 (for example, furniture, luminaires and lighting fittings); (l) articles of Chapter 95 (toys, games, sports requisites); (m) works of art, collectors' pieces or antiques (Chapter 97). 2. In heading 9602, the expression "vegetable or mineral carving material" means : (a) hard seeds, pips, hulls and nuts and similar vegetable materials of a kind used for carving (for example, corozo and dom); (b) amber, meerschaum, agglomerated amber and agglomerated meerschaum, jet and mineral substitutes for jet. 3. In heading 9603, the expression "prepared knots and tufts for broom or brush making" applies only to unmounted knots and tufts of animal hair, vegetable fibre or other material, which are ready for incorporation without division in brooms or brushes, or which require only such further minor processes as trimming to shap at the top, to render them ready for such incorporation. 4. Articles of this Chapter, other than those of headings 9601 to 9606 or 9615, remain classified in the Chapter whether or not composed wholly or partly of precious metal or metal clad with precious metal, of natural or cultured pearls, or precious or semi-precious stones (natural, synthetic or reconstructed). However, headings 9601 to 9606 and 9615 include articles in which natural or cultured pearls, precious or semi-precious stones (natural, synthetic or reconstructed), precious metal or metal clad with precious metal constitute only minor constituents. ----- **SECTION-XX** **CHAPTER-96** **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard** **Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4P)** **(5)** **9601** **WORKED IVORY, BONE,** **TORTOISE-SHELL,** **HORN,** **ANTLERS, CORAL, MOTHER-OF-PEARL AND OTHER** **ANIMAL CARVING MATERIAL, AND ARTICLES OF** **THESE MATERIALS (INCLUDING ARTICLES OBTAINED** **BY MOULDING)** 9601 10 00 - Worked ivory and articles of ivory kg. 10% 9601 90 - _Other :_ 9601 90 10 --- Worked tortoise-shell and articles thereof kg. 10% 9601 90 20 --- Worked mother-of-pearl and articles thereof kg. 10% 9601 90 30 --- Worked bone (excluding whale bone) and kg. 10% 9601 90 40 9601 90 90 9601 90 40 --- Worked horn, coral and other animal carving kg. 10% material and articles thereof 9601 90 90 --- Other kg. 10% **9602** **WO RK ED** **V EG E TAB L E** **O R** **M IN ER A L** **C ARVI N G** **MATERIAL AND ARTICLES OF THESE MATERIALS** **MOULDED OR CARVED ARTICLES OF WAX, OF STEARIN,** **OF NATURAL GUMS OR NATURAL RESINS OR OF** **MODELLING** **PASTES,** **AND** **OTHER** **MOULDED** **OR** **CARVED ARTICLES,** **NOT ELSEWHERE SPECIFIED OR** **INCLUDED;** **WORKED,** **UNHARDENED GELATIN** **(EXCEPT** **GELATIN OF HEADING** **3503)** **AND ARTICLES OF** **UNHARDENED GELATIN** 9602 00 _-_ _Worked vegetable or mineral carving material_ _and articles of these materials moulded or carved_ _articles of wax, of stearin, of natural gums or_ _natural resins or of modelling pastes, and other_ _moulded or carved articles, not elsewhere_ _specified or included; worked, unhardened_ _gelatin (except gelatin of heading 3503) and_ _articles of unhardened gelatin:_ 9602 00 10 --- Worked vegetable carving material and articles kg. 10% thereof 9602 00 20 --- Moulded or carved articles of wax, stearin, kg. 10% natural gums and resins and other moulded or carved articles 9602 00 30 --- Gelatin capsules, empty kg. 10% 9602 00 40 --- Other articles of unhardened gelatin kg. 10% 9602 00 90 --- Other kg. 10% -- -- articles thereof Worked horn, coral and other animal carving material and articles thereof Other ----- **SECTION-XX** **CHAPTER-96** **(1)** **(2)** **(3)** **(4P)** **(5)** **9603** **BROOMS,** **BRUSHES** **(INCLUDING** **BRUSHES** **CONSTITUTING** **PARTS OF MACHINES, APPLIANCES OR VEHICLES), HAND-** **OPERATED MECHANICAL FLOOR SWEEPERS,** **NOT** **MOTORISED, MOPS AND FEATHER DUSTERS; PREPARED** **KNOTS AND TUFTS FOR BROOM OR BRUSH MAKING; PAINT** **PADS AND ROLLERS; SQUEEGEES (OTHER THAN ROLLER** **SQUEEGEES)** 9603 10 00 - Brooms and brushes, consisting of twigs or u 20% other vegetable materials, bound together, with or without handles _- Tooth brushes, shaving brushes, hair brushes, nail_ _brushes, eyelash brushes and other toilet brushes_ _for use on the person, including such brushes_ _constituting parts of appliances :_ 9603 21 00 -- Tooth brushes including dental-plate brushes u 20% 9603 29 00 -- Other u 20% 9603 30 - _Artists' brushes, writing brushes and similar brushes_ _for the application of cosmetics :_ 9603 30 10 --- Artist brushes u 20% 9603 30 20 --- Brushes for the application of cosmetics u 20% 9603 30 90 --- Other u 20% 9603 40 - _Paint, distemper, varnish or similar brushes (other_ _than brushes of sub-heading 9603 30); paint pads_ _and rollers :_ 9603 40 10 --- Paint, distemper, varnish or similar brushes u 20% (other than brushes of sub-heading 9603 30); 9603 40 20 --- Paint pads and rollers u 20% 9603 50 00 - Other brushes constituting parts of machines, u 20% appliances or vehicles 9603 90 00 - Other u 20% **9604 00 00** **HAND** **SIEVES** **AND** **HAND** **RIDDLES** u 20% **9605** **TRAVEL** **SETS** **FOR** **PERSONAL** **TOILET,** **SEWING** **OR** **SHOE OR CLOTHES CLEANING** 9605 00 - _Travel sets for personal toilet, sewing or_ _shoe or clothes cleaning :_ 9605 00 10 --- For personal toilet u 10% 9605 00 90 --- Other u 10% **9606** **BUTTONS, PRESS-FASTENERS, SNAP-FASTENERS** **AND** **PRESS-STUDS, BUTTON** **MOULDS** **AND** **OTHER PARTS** **OF** **THESE ARTICLES; BUTTON BLANKS** ----- **SECTION-XX** **CHAPTER-96** **(1)** **(2)** **(3)** **(4P)** **(5)** 9606 10 - _Press-fasteners, snap-fasteners and press-studs_ _and parts thereof :_ 9606 10 10 --- Press-fasteners, snap-fasteners and press-studs kg. 10% 9606 10 20 --- Parts kg. 10% _- Buttons :_ 9606 21 00 -- Of plastics, not covered with textile material kg. 10% 9606 22 00 -- Of base metals, not covered with textile kg. 10% material 9606 29 -- _Other :_ 9606 29 10 --- Button of coconut shell or wood kg. 10% 9606 29 90 --- Other kg. 10% 9606 30 - _Button moulds and other parts of buttons;_ _button blanks :_ 9606 30 10 --- Button blanks kg. 10% 9606 30 90 --- Other kg. 10% **9607** **SLIDE** **FASTENERS** **AND** **PARTS** **THEREOF** _- Slide fasteners :_ 9607 11 _-- Fitted with chain scoops of base metal :_ 9607 11 10 --- Zip fasteners kg. 10% 9607 11 90 --- Other kg. 10% 9607 19 -- _Other :_ 9607 19 10 --- Zip fasteners kg. 10% 9607 19 90 --- Other kg. 10% 9607 20 00 - Parts kg. 10% **9608** **BALL** **POINT PENS;** **FELT** **TIPPED** **AND** **OTHER** **POROUS-** **TIPPED PENS AND MARKERS;** **FOUNTAIN PENS;** **STYLOGRAPH PENS AND OTHER PENS;** **DUPLICATING** **STYLOS;** **PROPELLING OR SLIDING PENCILS;** **PEN** **HOLDERS,** **PENCIL HOLDERS AND SIMILAR HOLDERS;** **PARTS (INCLUDING CAPS AND CLIPS) OF THE FOREGOING** **ARTICLES, OTHER THAN THOSE OF HEADING 9609** 9608 10 - _Ball point pens :_ --- _With liquid ink (for rolling ball pen):_ 9608 10 11 ---- High value ball point pens u 10% (US $ 100 and above c.i.f. per unit) 9608 10 12 ---- Ball point pens with body or cap of precious metal or u 10% rolled precious metal 9608 10 19 ---- Other u 10% --- _Other:_ 9608 10 91 ---- High value ball point pens u 10% (US $ 100 and above c.i.f. per unit) 9608 10 92 ---- Ball point pens with body or cap of precious metal u 10% or rolled precious metal ----- **SECTION-XX** **CHAPTER-96** **(1)** **(2)** **(3)** **(4P)** **(5)** 9608 10 99 ---- Other u 10% 9608 20 00 - Felt tipped and other porous-tipped pens and u 10% markers 9608 30 - _Fountain pens, stylograph pens and other pens:_ --- _Fountain pens_ 9608 30 11 ---- High value fountain pens (US $ 100 and above u 10% c.i.f. per unit) 9608 30 12 ---- With body or cap of precious metal or rolled precious u 10% metal 9608 30 19 ---- Other u 10% --- Stylograph pens : 9608 30 21 ---- High value pens u 10% (US $ 100 and above c.i.f. per unit) 9608 30 22 ---- With body or cap of precious metal or rolled u 10% precious metal 9608 30 29 ---- Other u 10% --- _Other :_ 9608 30 91 ---- High value pens u 10% (US $ 100 and above c.i.f. per unit) 9608 30 92 ---- With body or cap of precious metal or rolled precious u 10% metal 9608 30 99 ---- Other u 10% 9608 40 00 _- Propelling or sliding pencils_ _u_ _10%_ _-_ 9608 50 00 - Sets of articles from two or more of the u 10% foregoing sub-headings 9608 60 - _Refills for ball point pens, comprising the ball_ u 9608 60 10 -- _point and ink-reservoir :_ With liquid ink (for rolling ball-pen) 10% 9608 60 90 --- Other u 10% - _Other :_ 9608 91 -- _Pen nibs and nib points :_ 9608 91 10 --- Nib points for pen u 10% 9608 91 20 --- Nibs of wool felt or plastics for use in the u 10% manufacture of porous tip pen or markers 9608 91 30 --- Other pen nibs u 10% _--- Other :_ 9608 91 91 ---- Of metal u 10% 9608 91 99 ---- Other u 10% 9608 99 -- _Other :_ 9608 99 10 --- Pen holders, pencil holders and similar holders kg. 10% 9608 99 90 --- Other kg. 10% 9608 91 30 -- ----- **SECTION-XX** **CHAPTER-96** **(1)** **(2)** **(3)** **(4P)** **(5)** **9609** **PENCILS** **(OTHER** **THAN** **PENCILS** **OF** **HEADING** **9608),** **CRAYONS,** **PENCIL LEADS,** **PASTELS,** **DRAWING** **CHARCOALS,** **WRITING OR DRAWING CHALKS AND** **TAILORS' CHALKS** 9609 10 00 - Pencils and crayons, with leads encased in a kg. 10% sheath 9609 20 00 - Pencil leads, black or coloured kg. 10% 9609 90 - _Other :_ 9609 90 10 --- Slate pencils kg. 10% 9609 90 20 --- Other pencils kg. 10% 9609 90 30 --- Pastels, drawing charcoals and writing or kg. 10% kg. 9609 90 90 -- drawing chalks and tailors chalks Other 10% **9610 00 00** **SLATES** **AND** **BOARDS,** **WITH** **WRITING** **OR** **DRAWING** kg. 10% **SURFACES, WHETHER OR NOT FRAMED** **9611 00 00** **DATE, SEALING OR NUMBERING STAMPS, AND THE LIKE** kg. 20% **(INCLUDING DEVICES FOR PRINTING OR EMBOSSING** **LABELS), DESIGNED FOR OPERATING IN THE HAND;** **HAND-OPERATED COMPOSING STICKS AND HAND** **PRINTING** **SETS** **INCORPORATING** **SUCH** **COMPOSING** **STICKS** **9612** **TYPEWRITER OR SIMILAR RIBBONS, INKED OR** **OTHERWISE PREPARED FOR GIVING IMPRESSIONS,** **WHETHER** **OR** **NOT** **ON** **SPOOLS** **OR** **IN** **CARTRIDGES; INK-** **PADS,** **WHETHER OR NOT INKED,** **WITH OR WITHOUT** **BOXES** 9612 10 - _Ribbons :_ 9612 10 10 --- Computer printer ribbon u 10% 9612 10 20 --- Ribbon for typewriters, other than electronic u 10% u 9612 10 30 -- and similar machines Ribbon for electronic typewriter 10% 9612 10 90 --- Other u 10% 9612 20 00 - Ink-pads u 10% **9613** **CIGARETTE LIGHTERS AND OTHER LIGHTERS, WHETHER** **OR NOT MECHANICAL OR ELECTRICAL, AND PARTS** **THEREOF OTHER THAN FLINTS AND WICKS** 9613 10 00 - Pocket lighters, gas fuelled, non-refillable u 20% 9613 20 00 - Pocket lighters, gas fuelled, refillable u 20% 9613 80 - _Other lighters_ **_:_** 9613 80 10 --- Electronic u 20% 9613 80 90 --- Other u 20% 9613 90 00 - Parts u 20% ----- **SECTION-XX** **CHAPTER-96** **(1)** **(2)** **(3)** **(4P)** **(5)** **9614 00 00** **SMOKING** **PIPES** **(INCLUDING** **PIPE** **BOWLS)** **AND** **CIGAR** U 10% **OR CIGARETTE HOLDERS AND PARTS THEREOF** **9615** **COMBS, HAIR-SLIDES** **AND** **THE** **LIKE, HAIRPINS, CURLING** **PINS, CURLING GRIPS, HAIR-CURLERS AND THE LIKE,** **OTHER THAN THOSE OF** **HEADING 8516,** **AND PARTS** **THEREOF** _- Combs, hair-slides and the like:_ 9615 11 00 -- Of hard rubber or plastics kg. 20% 9615 19 00 -- Other kg. 20% 9615 90 00 - Other kg. 20% **9616** **SCENT SPRAYS AND SIMILAR TOILET SPRAYS, AND** **MOUNTS AND HEADS THEREFOR; POWDER-PUFFS AND** **PADS** **FOR** **THE** **APPLICATION** **OF** **COSMETICS** **OR** **TOILET PREPARATIONS** 9616 10 - _Scent sprays and similar toilet sprays, and mounts_ _and heads therefor :_ 9616 10 10 --- Scent sprays and similar toilet sprays kg. 20% 9616 10 20 --- Mounts and heads kg. 20% 9616 20 00 - Powder-puffs and pads for the application of cosmetics or toilet preparations **9617** **VACUUM** **FLASKS** **AND** **OTHER** **VACUUM** **VESSELS,** **COMPLETE; PARTS THEREOF OTHER THAN GLASS** **INNERS** kg. 20% 9617 00 - _Vacuum flasks and other vacuum vessels, complete;_ _parts thereof other than glass inners:_ --- _Vacuum flasks and other vacuum vessels, complete:_ 9617 00 11 ---- Vacuum flasks having a capacity not exceeding 0.75 l kg. 20% 9617 00 12 ---- Vacuum flasks having a capacity exceeding 0.75 l kg. 20% 9617 00 13 ---- Casserol and other vacuum containers kg. 20% 9617 00 19 ---- Other kg. 20% 9617 00 90 --- Parts (other than glass inners) kg. 20% **9618 00 00** **TAILORS'** **DUMMIES** **AND** **OTHER** **LAY** **FIGURES;** kg. 10% **AUTOMATA AND OTHER ANIMATED DISPLAYS, USED FOR** **SHOP WINDOW DRESSING** **SANITARY TOWELS (PADS) AND TAMPONS, NAPKINS** **9619** **(DIAPERS), NAPKIN LINERS AND SIMILAR ARTICLES,OF** **ANY MATERIAL** 9619 00 - _Sanitary towels_ (pads) _and tampons, napkins_ (diapers), napkin liners and similar articles, of any _material:_ 9619 00 10 --- Sanitary towels (pads) or sanitary napkins kg. 10% 9619 00 20 --- Tampons kg. 10% 9619 00 30 --- Napkins and napkin liners for babies kg. 10% 9619 00 40 --- Clinical diapers kg. 10% 9619 00 90 --- Other kg. 10% **9620 00 00** **-** **MONOPODS,** **BIPODS,** **TRIPODS** **AND** **SIMILAR** **ARTICLES** u 10% ----- **SECTION-XXI** **CHAPTER-97** **SECTION XXI** **WORKS OF ART, COLLECTORS' PIECES AND ANTIQUES** **NOTES:** 1. This Chapter does not cover : (a) unused postage or revenue stamps, postal stationery (stamped paper) or the like of heading 4907; (b) theatrical scenery, studio back-cloths and the like, of painted canvas (heading 5907) except if they may be classified in heading 9706; or (c) pearls, natural or cultured, or precious or semi-precious stones (headings 7101 to 7103). 2. Heading 9701 does not apply to mosaics that are mass-produced reproductions, casts or works of conventional craftsmanship of a commercial character, even if these articles are designed or created by artists. 3. For the purposes of heading 9702, the expression ―original engravings, prints and lithographs" means impressions produced directly, in black and white, or in colour, of one or of several plates wholly executed by hand by the artist, irrespective of the process or of the material employed by him, but not including any mechanical or photomechanical process. 4. Heading 9703 does not apply to mass-produced reproductions or works of conventional craftsmanship of a commercial character, even if these articles are designed or created by artists. 5. (A) Subject to Notes 1 to 4 above, articles of this Chapter are to be classified in this Chapter and not in any other Chapter of this Schedule. (B) Heading 9706 does not apply to articles of the preceding headings of this Chapter. 6. Frames around paintings, drawings, pastels, collages or similarly decorative plaques, engravings, prints or lithographs are to be classified with those articles, provided they are of a kind and of a value normal to those articles. Frames which are not of kind or of a value normal to the articles referred to in this Note are to be classified separately. **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **9701** **PAINTINGS, DRAWINGS AND PASTELS, EXECUTED** **ENTIRELY BY HAND, OTHER THAN DRAWINGS OF** **HEADING 4906 AND OTHER THAN HAND-PAINTED OR** **HAND-DECORATED** **MANUFACTURED** **ARTICLES;** **COLLAGES, MOSAICS AND SIMILAR DECORATIVE** **PLAQUES** - _Of an age exceeding 100 years:_ 9701 21 00 - - Paintings, drawings and pastels u 10% 9701 22 00 - - Mosaics u 10% ----- - _Other:_ 9701 91 00 - - Paintings, drawings and pastels u 10% 9701 92 00 - - Mosaics u 10% 9701 99 00 - - Other u 10% **9702** 9702 10 00 9702 90 00 **ORIGINAL ENGRAVINGS, PRINTS AND LITHOGRAPHS** Of an age exceeding 100 years Other 9702 10 00 - Of an age exceeding 100 years u 10% 9702 90 00 - Other u 10% **9703** **ORIGINAL** **SCULPTURES** **AND** **STATUARY,** **IN** **ANY** **MATERIAL** 9703 10 - _Of an age exceeding 100 years:_ 9703 10 10 --- Of metal u 10% 9703 10 20 --- Of stone u 10% 9703 10 90 9703 90 9703 90 10 9703 90 20 9703 90 90 **9704** 9704 00 9704 00 10 -- - - - - - - -- Other _Other:_ Of metal Of stone Other **POSTAGE OR REVENUE STAMPS, STAMP-POST** **MARKS, FIRST-DAY COVERS, POSTAL STATIONERY** **(STAMPED PAPER), AND THE LIKE,** **USED OR UNUSED,** **OTHER THAN** **THOSE** **OF** **HEADING** **4907** _Postage or revenue stamps, stamp-post marks,_ _first-day covers, postal stationery (stamped_ _paper), and the like, used or unused, other than_ _those of heading 4907 :_ Used postal stamp u u u u kg. 10% 10% 10% 10% Free 9704 00 20 --- Used or unused first-day covers for philatelists kg. Free 9704 00 90 --- Other kg. Free **9705** **COLLECTIONS AND COLLECTORS’ PIECES OF** **ARCHAEOLOGICAL,** **ETHNOGRAPHIC,** **HISTORICAL,** **ZOOLOGICAL,** **BOTANICAL,** **MINERALOGICAL,** **ANATOMICAL,** **PALEONTOLOGICAL OR NUMISMATIC INTEREST** 10% 10% 10% 10% 10% 10% 10% 10% u u u u u u u u 9705 10 00 9705 21 00 9705 22 00 9705 29 00 9705 31 00 9705 39 00 **9706** 9706 10 00 9706 90 00 _-_ _-_ - -- -- Collections and collectors' pieces of archaeological, ethnographic or historical interest _Collections and collectors' pieces of zoological,_ _botanical,_ _mineralogical,_ _anatomical_ _or_ _paleontological interest:_ Human specimens and parts thereof Extinct or endangered species and parts thereof Other _Collections and collectors' pieces of numismatic_ _interest:_ Of an age exceeding 100 years Other **ANTIQUES OF AN AGE EXCEEDING 100 YEARS** Of an age exceeding 250 years Other ----- **SECTION-XXI** **CHAPTER-98** **CHAPTER** **98** **_Project imports; laboratory chemicals; passengers' baggage,_** **_personal importations by air or post; ship stores_** **NOTES** **:** 1. This Chapter is to be taken to apply to all goods which satisfy the conditions prescribed therein, even though they may be covered by a more specific heading elsewhere in this Schedule. 2. Heading 9801 is to be taken to apply to all goods which are imported in accordance with the regulations made under section 157 of the Customs Act, 1962 (52 of 1962) and expressions used in this heading shall have the meaning assigned to them in the said regulations. 3. Heading 9802 covers all chemicals, organic or inorganic, whether or not chemically defined, imported in packings not exceeding 500 gms or 500 millilitres and which can be identified with reference to the purity, markings or other features to show them to be meant for use solely as laboratory chemicals. 4. Headings 9803 and 9804 are taken not to apply to : (a) motor vehicles; (b) alcoholic beverages; and (c) tobacco and manufactured products thereof. 5. Heading 9803 is to be taken not to apply to articles imported by a passenger or a member of a crew under an import licence or a Customs Clearance Permit either for his own use or on behalf of others. 6. Heading 9804 is to be taken not to apply to articles imported under an import licence or a Customs Clearance Permit. 7. Heading 9804 is to be taken not to apply to printed books. **Tariff Item** **Description of goods** **Unit** **Rate of duty** **Standard Prefer-** **ential** **Areas** **(1)** **(2)** **(3)** **(4)** **(5)** **9801** **ALL ITEMS OF MACHINERY INCLUDING** **PRIME MOVERS, INSTRUMENTS, APPARATUS AND** **APPLIANCES, CONTROL GEAR AND TRANSMISSION** **EQUIPMENT, AUXILIARY EQUIPMENT (INCLUDING** **THOSE REQUIRED FOR** **RESEARCH** **AND** **DEVELOPMENT** **PURPOSES, TESTING AND QUALITY CONTROL), AS WELL** **AS ALL COMPONENTS (WHETHER FINISHED OR NOT) OR** **RAW MATERIALS FOR THE MANUFACTURE** **OF** **THE** **AFORESAID ITEMS** **AND THEIR COMPONENTS,** **REQUIRED** **FOR THE INITIAL SETTING UP OF A UNIT, OR THE** **SUBSTANTIAL EXPANSION OF AN EXISTING UNIT, OF A** **SPECIFIED :** ----- **SECTION-XXI** **CHAPTER-98** **(1)** **(2)** **(3)** **(4)** **(5)** **(1)** **INDUSTRIAL PLANT,** **(2)** **IRRIGATION PROJECT,** **(3)** **POWER PROJECT, OTHER THAN SOLAR POWER PLANT** **OR SOLAR POWER PROJECT,** **(4)** **MINING PROJECT,** **(5)** **PROJECT FOR THE EXPLORATION FOR OIL OR OTHER** **MINERALS, AND** **(6)** **SUCH** **OTHER** **PROJECTS,** **OTHER** **THAN** **SOLAR** **POWER PLANT OR SOLAR POWER PROJECT,** **AS** **THE** **CENTRAL GOVERNMENT MAY, HAVING REGARD TO** **THE ECONOMIC DEVELOPMENT OF THE COUNTRY** **NOTIFY IN THE OFFICIAL GAZETTE IN THIS BEHALF;** **AND** **SPARE PARTS,** **OTHER** **RAW** **MATERIALS** **(INCLUDING** **SEMI-FINISHED MATERIAL)** **OR CONSUMABLE STORES NOT** **EXCEEDING** **10% OF THE VALUE OF THE GOODS SPECIFIED** **ABOVE** **PROVIDED** **THAT** **SUCH** **SPARE** **PARTS,** **RAW** **MATERIALS OR CONSUMABLE STORES ARE ESSENTIAL FOR** **THE MAINTENANCE OF THE PLANT OR PROJECT MENTIONED** **IN (1) TO (6) ABOVE** 9801 00 - _All items of machinery including prime movers,_ _instruments,_ _apparatus_ _and appliances,_ _control gear and transmission equipment,_ _auxiliary equipment (including those required_ _for research and development purposes, testing_ _and quality control), as well as all components_ _(whether finished or not) or raw materials for_ _the manufacture of the aforesaid items and_ _their components, required for the initial_ _setting up of a unit, or the substantial_ _expansion of an existing unit, of a specified :_ _(1)_ _industrial_ _plant,_ _(2)_ _irrigation project,_ _(3)_ _Power project, other than solar power plant or_ _solar power project,_ _(4)_ _mining project,_ _(5)_ _project for the exploration for oil or other_ _minerals, and_ _(6)_ _such_ _other_ _projects,_ _other than solar_ _power plant or solar power project,_ _as the_ _Central Government may,_ _having_ _regard_ _to the economic development of the_ _country notify in the Official Gazette in this_ _behalf; and spare parts, other raw materials_ _(including_ _semi-_ _finished_ _materials_ _of_ _consumable stores) not exceeding_ _10 %_ _of_ _the value of the goods specified above,_ _provided_ _that_ _such_ _spare_ _parts,_ _raw_ _materials or consumable stores are_ ----- **SECTION-XXI** **CHAPTER-98** **(1)** **(2)** **(3)** **(4)** **(5)** _essential for the maintenance of the plant or_ _project_ _mentioned_ _in_ _(1)_ _to (6)_ _above :_ _---_ _Machinery :_ 9801 00 11 ---- For industrial plant project kg. 7.5% 9801 00 12 ---- For irrigation plant kg. 7.5% 9801 00 13 ---- For power project, other than solar power plant or kg. 7.5% solar power project 9801 00 14 ---- For mining project kg. 7.5% 9801 00 15 ---- Project for exploration of oil or other minerals kg. 7.5% 9801 00 19 ---- For other projects, other than solar power plant or solar power project 9801 00 20 --- Components (whether or not finished or not) or raw materials for the manufacture of aforesaid items required for the initial setting up of a unit or the substantial expansion of a unit 9801 00 30 --- Spare parts and other raw materials(including semi-finished materials or consumable stores for the maintenanceof plant or project kg. 7.5% kg. kg. 7.5% 7.5% **9802 00 00** **LABORATORY** **CHEMICALS** kg. 10% **9803 00 00** **ALL** **DUTIABLE** **ARTICLES, IMPORTED** **BY** **A** **PASSENGER** kg. 100% **OR A MEMBER OF A CREW IN HIS BAGGAGE** **9804** **ALL** **DUTIABLE** **GOODS** **IMPORTED** **FOR** **PERSONAL** **USE** 9804 10 00 - Drugs and medicines kg. 35% 9804 90 00 - Other kg. 35% **9805** **THE FOLLOWING ARTICLES OF STORES ON BOARD OF** **A** **VESSEL OR AIRCRAFT ON WHICH DUTY IS LEVIABLE** **UNDER THE** **CUSTOMS** **ACT,** **1962** **(52 OF** **1962),** **NAMELY:** 9805 10 00 - Prepared or preserved meat, fish and vegetables; kg. 10% dairy products; soup; lard; fresh fruits 9805 90 00 - All other consumable stores excluding fuel, kg. 10% lubricating oil, alcoholic drinks and tobacco products **9806 00 00** - **ALL GOODS ORIGINATING IN OR EXPORTED FROM THE** - 200% **ISLAMIC REPUBLIC OF PAKISTAN** ----- 1130 *** THE SECOND SCHEDULE - EXPORT TARIFF** Notes: 1. In this Schedule, "Chapter", "heading", and "tariff item" mean a Chapter, heading, sub-heading and tariff item respectively of the First Schedule to the Customs Tariff Art. 2. The rules for the interpretation of the First Schedule to the Customs Tariff Act, the Section and Chapter Notes and the General Rules for the interpretation of the First Schedule shall apply to the interpretation of this Schedule. 3. The abbreviation "%" in any column of this Schedule, in relation to the rate of duty, indicates that duty on the goods to which the entry relates shall be charged on the basis of the value of the goods as defined in section 14 of the Customs Act, 1962 (52 of 1962), the duty being equal to such percentage of the value as is indicated in that column. Sl. Chapter/Heading/ Description of article Rate of duty No. Sub-heading/ Tariff Item (1) (2) (3) (4) 1. 0901 Coffee Rs. 2,200 per quintal 2. 0902 Tea Rs. 5 per kilogram 3. 0904 11 Black pepper Rs. 5 per kilogram 4. 0908 30 Cardamom Rs. 50 per kilogram 5. 0910 30 Turmeric, in powder form Rs. 1,500 per tonne 6. 0910 30 Turmeric, in other than powder form Rs. 2,000 per tonne 6A. 1006 10 Rice in the husk (paddy or rough) 20% 6B. 1006 20 Husked (brown) rice 20% 7. 1006 30 20 Basmati rice Rs. 12,000 per tonne 7A. 1006 30 90 Semi-milled or wholly-milled rice, whether 20% or not polished or glazed(other than Parboiled rice and Basmati rice) 8. 1202 10 Groundnut in shell Rs. 1,125 per tonne 9. 1202 20 Groundnut kernel Rs. 1,500 per tonne 9A. 1701 Raw sugar, white or refined sugar 20% 10. 2305 De-oiled ground nut oil cakes Rs. 125 per tonne 11. 2305 De-oiled ground nut meal (solvent extracted variety) Rs. 125 per tonne 12. 2306 De-oiled rice bran oil cake Rs. 15% 13. 2309 Animal feed Rs. 125 per tonne 14. 2401 Tobacco unmanufactured 75 paise per kilogram or 20% whichever is lower 15. 2508 50 Sillimanite 20% 16. 2508 50 Kyanite Rs. 40 per tonne 17. 2511 10 Barytes Rs. 50 per tonne 18. 2516 Granite (including black granite) porphyry and basalt, 15% all sorts *** Substituted vide Finance Bill, 2011 w.e.f. 01.03.2011** ** amended vide notfn. no. 28/22 dated 21.05.2022 ----- 1131 (1) (2) (3) (4) 19. 2525, 6814 Mica including fabricated mica 40% 20. 2526 20 00 Steatite (Talc) 20% 21. 2601 11 Iron ore and concentrates, Non-agglomerated 50%** 22. 2601 12 Iron ore and concentrates, Agglomerated 50%** 23. 2602 Manganese ore Rs. 20 per tonne 23A. 2606 00 10 Bauxite (natural), not calcined 30% 23B. 2606 00 20 Bauxite (natural), calcined 30% 23C 2606 00 90 Other aluminium ores and concentrates 30% 24. 2610 Chromium ores and concentrates, all sorts 30% 24A. 2614 00 10 Ilmenite, unprocessed 30% 24B. 2614 00 20 Ilmenite, upgraded (beneficiated ilmenite 30% including ilmenite ground) 25. 2820 10 00 Manganese dioxide 20% 26. 41, 43 Hides, skins and leathers, tanned and untanned, 60% all sorts but not including manufactures of leather 27. 5101 Raw wool 25% 28. 5201 Raw cotton Rs. 10,000 per tonne 29. 5202 Cotton waste, all sorts 40% 30. 5308 Coir yarn 15% 31. Any Chapter Jute manufactures (including manufactures of Rs. 150 per tonne Bimplipatam jute or of mesta fibre) when not in actual use as covering, receptacles or binding for other goods not elsewhere specified 32. 5310, 6305 Hessian cloth and bags(i) Carpet backing: Rs. 700 per tonne (ii) Other hessian cloth (including narrow backing Rs. 1,000 per tonne cloth) and bags, when not in actual use as covering, receptacles or binding for other goods 33. 5310 Jute canvas, jute webbing, jute tarpaulin cloth and Rs. 200 per tonne manufactures thereof when not in actual use as covering, receptacles or binding for other goods 34. 5310 Sacking (cloth, bags, twist, yarn, rope and twine) Rs. 150 per tonne when not in actual use as covering, receptacles or binding for other goods 35. 7201 Pig iron and spiegeleisen in pigs, blocks or other primary 20% forms 36. 7203 Ferrous products obtained by direct reduction of 20% iron ore and other spongy ferrous products, in lumps, pellets or similar forms; iron having minimum purity by weight of 99.94% in lumps. pellets or similar form 37. 7204 Ferrous waste and scrap, remelting scrap ingots of iron 20% or steel 38. 7205 Granules and powders, of pig iron, spiegeleisen, 20% ----- 1132 (1) (2) (3) (4) iron or steel 39. 7206 Iron and non-alloy steel in ingots or other 20% primary forms 40. 7207 Semi-finished products of iron or non-alloy steel 20% 41. 7208 Flat rolled products of iron or non-alloy steel, 20% hot rolled, not clad, plated or coated 42. 7209 Flat rolled products of iron or non-alloy steel, 20% cold rolled (cold-reduced), not clad, plated or coated *43. 7210, 7212 ** Flat rolled products of iron or non-alloy steel, 20% clad, plated or coated _* Substituted (w.e.f. 1.3.2011) by s. 87(a), of the Finance Act, 2013._ 44. 7213 Bars and rods, hot-rolled, in irregularly wound coils, 20% of iron or non-alloy steel 45. 7214 Other bars and rods of iron or non-alloy steel, not further 20% worked than forged, hot-rolled, hot-drawn or hotextruded, but including those twisted after rolling 46. 7215 Other bars and rods of iron or non-alloy steel 20% 47. 7216 Angles, shapes and sections of iron or non-alloy 20% steel 48. 7217 Wire of iron or non-alloy steel 20% **48A. 7219 Flat-rolled products of stainless steel, of a width of 15% 600 mm or more **48B. 7222 Other bars and rods of stainless steel; angles, shapes 15% and sections of stainless steel **48C. 7227 Bars and rods, hot-rolled, in irregularly wound coils, 15% of other alloy steel 49. 7303, 7304 Tubes and pipes, of iron or steel 20% 50. 8545 11 00 Electrodes of a kind used for furnaces 20% ______________________________________________________________________________________________________________________________________________________ 4. In respect of all other goods which are not covered under column (2) of this Schedule, the rate of duty shall be ‘Nil’. **EXEMPTIONS** **Notfn. 132/00** Export duty leviable on heading No. 14 amended as 60%. **GENERAL: 4-Cus.,8.1.62:The following goods are exempt from the payment of the export duty leviable** thereon **Goods imported but not allowed clearance on the ground of non-fulfilment of the requirements of** Import Trade Control Regulations, confiscated by an order under section 182 of the Sea Customs Act, 1878 and allowed to be exported in lieu of confiscation, on payment of fine or otherwise. **GENERAL: 16-Cus., 23.1.65 ( as amended by 12/23)** **Goods produced or manufactured in India when exported for display in the showrooms of the** ** amended vide notfn. no. 28/22 dated 21.05.2022 ----- 1133 Government of India in foreign countries or in the exhibitions or fairs held in foreign countries are exempt from the whole of the duty of customs leviable thereon. Provided that such goods are not sold or otherwise disposed of abroad: Provided further that, in the case of goods exported for display in the exhibitions or fairs held in foreign countries, it is certified by a duly authorised officer of the Ministry of Commerce that the Government of India have agreed to participate in such exhibitions or fairs. Provided also that nothing contained in this notification shall apply after the 31st March, 2024. **GENERAL: 325-Cus., 2.8.76 In exercise of the powers conferred by sub-section (1) of section 25 of the** Customs Act, 1962 (52 of 1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby exempts **(i)** **Every consignment of samples or gifts of mica, and of skins of reptiles and wild** **animals, the value of which does not exceed forty rupees; and** **(ii)** **All goods (other than mica and skins of reptiles and wild animals), the value of which does** not exceed three hundred rupees: when exported by post, from the whole of the duty of customs leviable thereon under the Second Schedule to the Customs Tariff Act, 1975 (51 of 1975). **GENERAL: 326-Cus., 2.8.76 In exercise of the powers conferred by sub-section (1) of section 25 of the** Customs Act, 1962 (52 of 1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby exempts **Gifts or free samples:** (i) of all goods (other than block mica, skins of reptiles and wild animals); and (ii) **of block mica and of skins of reptiles and wild animals the value of which does not exceed** fifty rupees. when exported by air out of India, from the whole of the duty of customs leviable thereon under the Second Schedule to the Customs Tariff Act, 1975 (51 of 1975). **59/2010-Cus., dt. 10.5.10** In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962), the Central Government, on being satisfied that it is necessary in the public interest so to do, hereby exempts Raw cotton falling under Heading No. 16 of the Second Schedule to the Customs Tariff Act, 1975 (51 of 1975), when exported out of India, from so much of the duty of customs leviable thereon which is specified in the said Second Schedule as is in excess of the amount calculated at the rate of Rs 2500 per tone. **88/2010-Cus., dt, 1.9.10 In exercise of the powers conferred by sub-section (1) of section 25 of the Customs** Act, 1962 (52 of 1962), the Central Government, on being satisfied that it is necessary in the public interest so to do, hereby exempts imported raw hides and skins and semi-processed leathers falling under Heading No. 14 of the Second Schedule to the Customs Tariff Act, 1975 (51 of 1975), when exported out of India from a bonded warehouse where it has been kept after importation, from the whole of duty of customs leviable thereon which is specified in the said Second Schedule. ----- 1134 **GENERAL: Notifn. No. 27/11-Cus., 1.3.2011 as amended by 117/11, 10/12, 15/13, 3/14, 15/14,** **8/15, 30/15, 50/15, 1/16, 15/16, 35/16, 37/16, 41/16, 43/16, 3/17, 23/18, 30/18, 51/18, 27/19, 29/22]** In exercise of the powers conferred by sub-section (1) of section 25 of the CustomsAct, 1962 (52 of 1962) and in supersession of notifications of the Government of India in theMinistry of Finance (Department of Revenue) issued vide notification No.100/89-Customs, dated the1st March,1989[ G.S.R 315 (E), dated the 1st March,1989], No. 135/1994-Customs, dated the 24thJune,1994 [ G.S.R 528 (E),dated the 24th June,1994], No.133/2000-Customs, the 17th October, 2000 [G.S.R 794 (E),; dated the 17th October,2000], No.66/2008 – Customs, dated the 10th May, 2008 [ G.S.R359 (E), dated the 10th May, 2008], No.79/2008-Customs,dated the 13th June,2008[ G.S.R 458 (E)dated the 13th June,2008] and No.146/2009-Customs, dated the 24th December,2009 [ G.S.R 925(E),dated the 24th December,2009], except as respects things done or omitted to be done before suchsupersession, the Central Government, on being satisfied that it is necessary in the public interest so todo, hereby exempts the goods specified in column (3) of the Table annexed hereto and falling underChapter or heading or sub-heading or tariff item of the Second Schedule to the Customs Tariff Act,1975 (51 of 1975), specified in the corresponding entry in column (2) of the said Table, when exportedout of India, from so much of the duty of customs leviable thereon under the said Second Schedule asis in excess of the amount calculated at the rate specified in the corresponding entry in column (4) of the said Table: **S.** **Chapter or heading** **Description of goods** **No.Rate of duty** **sub-heading or** **tariff item** **(1)** **(2)** **(3)** **(4)** 1. 0901 Coffee Nil 2. 0902 Tea Nil 3. 0904 11 Black pepper Nil 4. 0908 31, 0908 32 Cardamom Nil 5. 0910 30 Turmeric, in powder form Nil 6. 0910 30 Turmeric, in any other form Nil 7. 1006 30 20 Basmati rice Nil 8. 1202 30, 1202 41 Groundnut in shell Nil 9. 1202 42 Ground nut kernel Nil 9A Omitted 10. 2305 De-oiled ground nut oil cakes Nil 11. 2305 De-oiled ground nut meal Nil (solvent extracted variety) Nil 12. 2306 De-oiled Rice bran oil cake Nil 13. 2309 Animal feed Nil 14. 2401 Tobacco unmanufactured Nil 15. 2508 50 Sillimanite Nil 16. 2508 50 Kyanite Nil 17. 2511 10 Barytes Nil 18. 2516 Granite (including black granite) porphyry and Nil basalt, all sorts ----- 1135 **(1)** **(2)** **(3)** **(4)** 19. 2525, 6814 Mica including fabricated mica Nil 20. 2526 20 00 Steatite (talc) Nil 20A. 2601 11 21, All Goods Nil 2601 11 22, 2601 11 41, 2601 11 42 20B Omitted 20C 2601 11 All Goods other than goods mentioned in S.no. 20A 30% 20D 2601 12 All Goods other than iron ore pellets 30% 21 Omitted 22. Omitted 23 2601 12 10 Iron ore pellets Nil 24. 2602 Manganese ore Nil 24A 2606 00 10 Bauxite (natural), not calcined 15% 24B 260600 20 Bauxite (natural), calcined 15% 24BA Omitted 24C 2614 00 10 Ilmenite, unprocessed 10% 24D 2614 00 20 Ilmenite, upgraded (beneficiated ilmenite 2.5% including ilmenite ground) 24E. 2606 00 90 Other aluminium ores including laterite 15% 24F. 2606 00 90 All goods, other than goods mentioned at serial Nil number 24E 25. 2820 10 00 Manganese dioxide Nil 26. 41 E.I. tanned leather *[Nil] 27. 41 Snake skin 10% 28. 41 Finished leather of goat, sheep and bovine Nil animals and of their young ones 29. 41 Clothing leather fur suede/ hair, hair-on suede/ Nil shearing suede leathers (as per ISI norms 8170) 30 41 Fur leathers Nil 31. 41 Cuttings and fleshing of hides and skins used Nil as raw materials for manufacturing animal glue gelatin 32. 41 Luggage leather- case hide or side/suit 25% case/ hand bag luggage/ cash bag leather 33. 41 Industrial leathers, namely:(i) Cycle saddle leathers 15% (ii) Hydraulic/ packing/ belting/ washer leathers 15% (iii) Industrial harness leather 25% 34. 41 Picking band leathers 15% 35. 41 Strap/ combing leathers 15% 36. 41 Miscellaneous leathers, namely:(i) Book binding leathers Nil (ii) Skiver leathers Nil (iii) Transistor case/ camera case leathers 25% - Substituted by Notifn. No. 27/2019-Customs, dt. 6.7.2019. ----- 1136 **(1)** **(2)** **(3)** **(4)** 37. 41 Fur of domestic animals, excluding lamb fur skin Nil 38. 41 Shoe upper leathers, namely:(i) Bunwar leather Nil (ii) Kattai/ slipper/ sandal leather Nil (iii) Chrome tanned sole leather Nil *[38A. 41 Hides, skins and leathers, tanned and untanned, all sorts 40] 38B. 4101 Raw hides and skins of buffalo 30% 39. 4301 Raw fur lamb skins 10% 40. 5101 Raw wool Nil 41. 5201 Raw cotton Nil 42. 5202 Cotton waste, all sorts Nil 43. 5308 Coir yarn Nil 44. Any Chapter Jute manufacturers (including manufactures of Nil Bimplipatam jute or of mesta fibre) Not elsewhere specified when not in actual use as covering, receptacles or binding for other goods 45. 5310, 6305 Hessian cloth and bags- Nil (a) Carpet backing (b) Other hessian cloth (including narrow backing cloth) and bags when not in actual use as covering, receptacles or binding for other goods 46. 5310 Jute canvas, jute webbings, jute tarpaulin Nil cloth and manufactures thereof when not in actual use as covering, receptacles or binding for other goods 47. 5310 Sacking (cloth, bags, twist, yarn, rope, Nil and twine) when not in actual use as covering, receptacles or binding for other goods 48. 7201 Pig iron and spiegeleisen in pigs, blocks or Nil other primary forms 49. 7203 Ferrous products obtained by direct reduction Nil of iron ore and other spongy ferrous products, in lumps, pellets or similar forms; iron having minimum purity by weight of 99.94%. in lumps, pellets or similar forms 50. 7204 Ferrous waste and scrap, remelting scrap ingots 15% of iron or steel 51. 7205 Granules and powders, of pig iron, spiegeleisen, Nil iron or steel 52. 7206 Iron and non-alloy steel in ingots or other Nil *Inserted by Notifn. No. 27/2019-Customs, dt. 6.7.2019. ----- 1137 primary forms 53. 7207 Semi-finished products of iron or non-alloy Nil 54. 7208 steel Flat rolled products of iron or non-alloy Nil steel, hot rolled, not clad, plated or coated 55. 7209 Flat rolled products of iron or non-alloy steel, Nil cold rolled (cold-reduced), not clad, plated or coated 56. 7210 Flat-rolled products of iron or non-alloy steel, Nil of a width of 600mm or more, clad, plated or coated 56A. 7212 Flat rolled products of iron or non-alloy steel, Nil clad, plated or coated 57. 7213 Bars and rods, hot-rolled, in irregularly wound Nil coils, of iron or non-alloy steel 58. 7214 Other bars and rods of iron or non-alloy steel, not Nil further worked than forged, hot-rolled, hot-drawn or hot-extruded, but including those twisted aft rolling 59. 7215 Other bars and rods of iron or non-alloy steel Nil 60. 7216 Angles, shapes and sections of iron or non-alloy Nil steel 61. 7217 Wire of iron or non-alloy steel Nil 61A. 7219 Flat-rolled products of stainless steel, of a Nil width of 600 mm or more 61B. 7222 Other bars and rods of stainless steel; Nil angles, shapes and sections of stainless steel 61C. 7227 Bars and rods, hot-rolled, in irregularly Nil wound coils, of other alloy steel 62. 7303, 7304, 7305, Tubes and pipes, of iron or steel Nil 7306 62A. 8545 11 00 Electrodes of a kind used for furnaces Nil 63 Omitted 64 Omitted 65. 1701 Raw sugar, white or refined sugar Nil **____________________________________________________________________________________________** _Explanation.- For the purpose of this notification, “finished leather of goat, sheep and bovine animals and of_ their young ones” means the leather which complies with the terms and conditions specified in the Public Notice of the Government of India in the Ministry of Commerce No. 21/2009-14, dated the 1st December, 2009, as amended from time to time issued, under the provisions of the Foreign Trade (Development and Regulation) Act, 1992(22 of 1992). **[Notfn. No.116/2008-Cus., dt. 31.10.2008 as amended by 121/08.]** In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962), the Central Government, on being satisfied that it is necessary in the public interest so to do, hereby exempts iron ore fines falling under Heading No. 11 of the Second Schedule to the Customs Tariff Act, 1975 (51 of 1975), when exported out of India, from so much of the duty of customs leviable thereon which is specified ----- 1138 in the said Second Schedule, as is in excess of the amount calculated at the rate of 8% ad valorem. **APPENDIX - I** **CESS** **CESSES LEVIABLE ON CERTAIN ARTICLES ON EXPORT UNDER VARIOUS** **ENACTMENTS OF THE GOVERNMENT AND EXEMPTION NOTIFICATIONS THERETO.** **CESS ON SPICES** As per Govt. of India, Ministry of Commerce, Notfn. S.O. 1051 (E) dated 8.12.1998 exports of all scheduled Spices (Schedule given below), in any form, including curry powder, spice oils, oleoresins, and other mixtures where spice content is predominant are subject to Spices Board Cess @0.5% ad valorem. This is in addition to cess under the Agriculture Produce Cess Act. **‘TABLE’** (S.O. 975(E), dated 6.11.1987 as amended by S.O. 1051(E) dated 8.12.1998) Sl.No. Name of Spice Rate of cess ad valorem (1) (2) (3) 1. Cardamom 0.5% 2. Pepper 0.5% 3. Chilly 0.5% 4. Ginger 0.5% 5. Turmeric 0.5% 6. Coriander 0.5% 7. Cumin 0.5% 8. Fennel 0.5% 9. Fenugreek 0.5% 10. Celery 0.5% 11. Aniseed 0.5% 12. Bishopsweed 0.5% 13. Caraway 0.5% 14. Dill 0.5% 15. Cinnamom 0.5% 16. Cassia 0.5% 17. Garlic 0.5% 18. Curry Leaf 0.5% 19. Kokam 0.5% 20. Mint 0.5% 21. Mustard 0.5% 22. Parsley 0.5% 23. Pomegranate seed 0.5% ----- 1139 Sl.No. Name of Spice Rate of cess ad valorem (1) (2) (3) 24. Saffron 0.5% 25. Vanilla 0.5% 26. Tejpat 0.5% 27. Pepper long 0.5% 28. Star Anise 0.5% 29. Sweet flag 0.5% 30. Greater Galanga 0.5% 31. Horse-raddish 0.5% 32. Caper 0.5% 33. Clove 0.5% 34. Asafoetida 0.5% 35. Cambodge 0.5% 36. Hyssop 0.5% 37. Juniper berry 0.5% 38. Bay leaf 0.5% 39. Lovage 0.5% 40. Marjoram 0.5% 41. Nugmeg 0.5% 42. Mace 0.5% 43. Basil 0.5% 44. Poppy See 0.5% 45. All-Spice 0.5% 46. Rosemery 0.5% 47. Sage 0.5% 48. Savory 0.5% 49. Thyme 0.5% 50. Oregano 0.5% 51. Terragon 0.5% 52. Tamarind 0.5% **EOUs, Units in EPZs and SEZs: Cess on all scheduled spices including curry powder, spice oil,** oleoresin and other mixtures where spice content is predominant, when exported by the Export Oriented Units and units in the Export Processing Zones and Special Economic Zones, is zero percent. **[S.O. 819(E) dated 23.08.2001 of Ministry of Commerce and Industry.]** **CESS ON SHELLAC AND LAC BASED PRODUCTS.** The Cess rates as applicable in case of Shellac and Lac based products is Rs. 2.30 per Quintal at the time of Exports. ----- 1140 **[Shellac Export Promotion Council, Kolkata, Ministry of Commerce]** **CESS ON TOBACCO** (1) Tobacco Board Cess under the Tobacco Cess Act, 1975 is **@ 0.5% ad valorem on all** Tobacco (unmanufactured tobacco only), which is exported. (2) Under the Agriculture Produce Cess Act, 1940, Cess is collected as Customs duty @ 0.5% **of tariff value of tobacco exported. The Ministry of Agriculture notifies tariff values.** **[Tobacco Board, Guntur, A.P. Ministry of Commerce]** **CESS ON MANGANESE ORE** Under the Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labour Welfare Cess Act, 1976 the Central Government has fixed the rate of rupees four per metric tonne as the rate at which the **duty of excise and duty of customs on all manganese ore produced in any mine, shall be levied and** collected as cess. **[Minisrty of Labour Notification G.S.R. 654(E), dated 11.09.2001]** **CESS ON CHROME ORE** Under the Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labour Welfare Cess Act, 1976 the Central Government has fixed the rate of rupees six per metric tonne as the rate at which the duty **of excise and duty of customs on all chrome ore produced in any mine, shall be levied and collected as** cess. **[Minisrty of Labour Notification G.S.R. 655(E) dated 11.09.2001]** **CESS ON MICA** Cess on export of Mica products: **3.5%** (HS Code 25.25 & 68.14) **[EEPC, Kolkata, Ministry of Commerce]** **CESS ON IRON ORE** Under the Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labour Welfare Cess Act, 1976 the Central Government has fixed the rate of rupees one per metric tonne as the rate at which the **duty of excise and duty of customs on all Iron ore produced in any mine, shall be levied and collected** as cess. **[Minisrty of Labour Notification G.S.R. 680 (E) dated 1.08.1990]** **____________________________________________________** **NOTE:-** The above information regarding levy of cess is as supplied by different Ministries/ Administrative bodies. For the latest information on levy of cess on different commodities, readers are advised to contact the concerned Ministry/ Board/ Export Promotion Councils/ Administrative body. The following -----

25-Jan-1976

13

The Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976

https://www.indiacode.nic.in/bitstream/123456789/1490/1/AA1976__13smugg.pdf

central

# THE SMUGGLERS AND FOREIGN EXCHANGE MANIPULATORS (FORFEITURE OF PROPERTY) ACT, 1976 _______ ARRANGEMENT OF SECTIONS Last updated: 20-9-2021 ________ SECTIONS 1. Short title, extent and commencement. 2. Application. 2A. [Omitted.] 3. Definitions. 4. Prohibition of holding illegally acquired property. 5. Competent authority. 6. Notice of forfeiture. 7. Forfeiture of property in certain cases. 8. Burden of proof. 9. Fine in lieu of forfeiture. 10. Procedure in relation to certain trust properties. 11. Certain transfers to be null and void. 12. Constitution of Appellate Tribunal. 12A. Qualifications, terms and conditions of service of Chairperson, and Member. 13. Notice or order not to be invalid for error in description. 14. Bar of jurisdiction. 15. Competent authority and Appellate Tribunal to have powers of civil court. 16. Information to competent authority. 17. Certain officers to assist competent authority and Appellate Tribunal. 18. Power of competent authority to require certain officers to exercise certain powers. 19. Power to take possession. 20. Rectification of mistakes. 21. Findings under other laws not conclusive for proceedings under this Act. 22. Service of notices and orders. 23. Protection of action taken in good faith. 24. Act to have overriding effect. 25. Provisions of the Act not to apply to certain properties held in trust. 26. Power to make rules. 27. Repeal and saving. 1 ----- # THE SMUGGLERS AND FOREIGN EXCHANGE MANIPULATORS (FORFEITURE OF PROPERTY) ACT, 1976 ACT NO. 13 OF 1976 [25th January, 1976.] # An Act to provide for the forfeiture of illegally acquired properties of smugglers and foreign exchange manipulators and for matters connected therewith or incidental thereto. WHEREAS for the effective prevention of smuggling activities and foreign exchange manipulations which are having a deleterious effect on the national economy it is necessary to deprive persons engaged in such activities and manipulations of their ill-gotten gains; AND WHEREAS such persons have been augmenting such gains by violations of wealth-tax, income-tax or other laws or by other means and have thereby been increasing their resources for operating in a clandestine manner; AND WHEREAS such persons have in many cases been holding the properties acquired by them through such gains in the names of their relatives, associates and confidants; BE it enacted by Parliament in the Twenty-sixth Year of the Republic of India as follows:— **1. Short title, extent and commencement.—(1) This Act may be called the Smugglers and Foreign** Exchange Manipulators (Forfeiture of Property) Act, 1976. (2) It extends to the whole of India *except the State of Jammu and Kashmir. (3) It shall be deemed to have come into force on the 5th day of November, 1975. **2. Application.—(1) The provisions of this Act shall apply only to the persons specified in sub-section (2).** (2) The persons referred to in sub-section (1) are the following, namely:— (a) every person— (i) who has been convicted under the Sea Customs Act, 1878 (8 of 1878), or the Customs Act, 1962 (52 of 1962), of an offence in relation to goods of a value exceeding one lakh of rupees; or (ii) who has been convicted under the Foreign Exchange Regulation Act, 1947 (7 of 1947), or the Foreign Exchange Regulation Act, 1973 (46 of 1973), of an offence, the amount or value involved in which exceeds one lakh of rupees; or (iii) who having been convicted under the Sea Customs Act, 1878 (8 of 1878), or the Customs Act, 1962 (52 of 1962), has been convicted subsequently under either of those Acts; or (iv) who having been convicted under the Foreign Exchange Regulation Act, 1947 (7 of 1947), or the Foreign Exchange Regulation Act, 1973 (46 of 1973), has been convicted subsequently under either of those Acts; (b) every person in respect of whom an order of detention has been made under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (52 of 1974): Provided that— (i) such order of detention, being an order to which the provisions of section 9 or section 12A of the said Act do not apply, has not been revoked on the report of the Advisory Board under section 8 of the said Act or before the receipt of the report of the Advisory Board or before making a reference to the Advisory Board; or (ii) such order of detention, being an order to which the provisions of section 9 of the said Act apply, has not been revoked before the expiry of the time for, or on the basis of, the review under sub-section (3) of section 9, or on the report of the Advisory Board under section 8, read with sub-section (2) of section 9, of the said Act; or *. 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 ----- (iii) such order of detention, being an order to which the provision of section 12A of the said Act apply, has not been revoked before the expiry of the time for, or on the basis of, the first review under sub-section (3) of that section, or on the basis of the report of the Advisory Board under section 8, read with subsection (6) of section 12A, of that Act; or (iv) such order of detention has not been set aside by a court of competent jurisdiction; (c) every person who is a relative of a person referred to in clause (a) or clause (b); (d) every associate of a person referred to in clause (a) or clause (b); (e) any holder (hereafter in this clause referred to as the present holder) of any property which was at any time previously held by a person referred to in clause (a) or clause (b) unless the present holder or, as the case may be, any one who held such property after such person and before the present holder, is or was a transferee in good faith for adequate consideration. _Explanation 1.—For the purposes of sub-clause (i) of clause (a), the value of any goods in relation to_ which a person has been convicted of an offence shall be the wholesale price of the goods in the ordinary course of trade in India as on the date of the commission of the offence. _Explanation 2.—For the purposes of clause (c), “relative”, in relation to a person, means—_ (i) spouse of the person; (ii) brother or sister of the person; (iii) brother or sister of the spouse of the person; (iv) any lineal ascendant or descendant of the person; (v) any lineal ascendant or descendant of the spouse of the person; (vi) spouse of a person referred to in clause (ii), clause (iii) clause (iv) or clause (v); (vii) any lineal descendant of a person referred to in clause (ii) or clause (iii). _Explanation 3.—For the purposes of clause (d), “associate”, in relation to a person, means—_ (i) any individual who had been or is residing in the residential premises (including outhouses) of such person; (ii) any individual who had been or is managing the affairs or keeping the accounts of such person; (iii) any association of persons, body of individuals, partnership firm, or private company within the meaning of the Companies Act, 1956 (1 of 1956), of which such person had been or is a member, partner or director; (iv) any individual who had been or is a member, partner or director of an association of persons, body of individuals, partnership firm or private company referred to in clause (iii) at any time when such person had been or is a member, partner or director of such association, body, partnership firm or private company; (v) any person who had been or is managing the affairs, or keeping the accounts, of an association of persons, body of individuals, partnership firm or private company referred to in clause (iii); (vi) the trustee of any trust, where,— (a) the trust has been created by such person; or (b) the value of the assets contributed by such person (including the value of the assets, if any, contributed by him earlier) to the trust amounts, on the date on which the contribution is made, to not less than twenty per cent. of the value of the assets of the trust on that date; (vii) where the competent authority, for reasons to be recorded in writing, considers that any properties of such person are held on his behalf by any other person, such other person. 3 ----- _Explanation_ 4.—For the avoidance of doubt, it is hereby provided that the question whether any person is a person to whom the provisions of this Act apply may be determined with reference to any facts, circumstances or events (including any conviction or detention) which occurred or took place before the commencement of this Act. 1* - - - **3. Definitions.—(1) In this Act, unless the context otherwise requires,—** (a) “Appellate Tribunal” means the Appellate Tribunal [2]*** constituted under section 12; (b) “competent authority” means an officer of the Central Government authorised by it under sub-section (1) of section 5 to perform the functions of a competent authority under this Act; (c) “illegally acquired property”, in relation to any person to whom this Act applies, means— (i) any property acquired by such person, whether before or after the commencement of this Act, wholly or partly out of or by means of any income, earnings or assets derived or obtained from or attributable to any activity prohibited by or under any law for the time being in force relating to any matter in respect of which Parliament has power to make laws; or (ii) any property acquired by such person, whether before or after the commencement of this Act, wholly or partly out of or by means of any income, earning or assets in respect of which any such law has been contravened; or (iii) any property acquired by such person, whether before or after the commencement of this Act, wholly or partly out of or by means of any income, earnings or assets the source of which cannot be proved and which cannot be shown to be attributable to any act or thing done in respect of any matter in relation to which Parliament has no power to make laws; or (iv) any property acquired by such person, whether before or after the commencement of this Act, for a consideration, or by any means, wholly or partly traceable to any property referred to in sub-clauses (i) to (iii) or the income or earnings from such property; and includes— (A) any property held by such person which would have been, in relation to any previous holder thereof, illegally acquired property under this clause if such previous holder had not ceased to hold it, unless such person or any other person who held the property at any time after such previous holder or, where there are two or more such previous holders, the last of such previous holders is or was a transferee in good faith for adequate consideration; (B) any property acquired by such person, whether before or after the commencement of this Act, for a consideration, or by any means, wholly or partly traceable to any property falling under item (A), or the income or earnings therefrom; (d) “prescribed” means prescribed by rules made under this Act; (e) “property” includes any interest in property, movable or immovable; (f) “trust” includes any other legal obligation. (2) Any reference in this Act to any law which is not in force in any area shall, in relation to that area, be construed as a reference to the corresponding law, if any, in force in that area. (3) Any reference in this Act to any officer or authority shall, in relation to any area in which there is no officer or authority with the same designation, be construed as a reference to such officer or authority as may be specified by the Central Government by notification in the Official Gazette. 1. Section 2A, omitted by Act 28 of 2016, s. 226 (w.e.f. 1-6-2016). 2. The words “for Forfeited Property” omitted by s. 226, ibid. (w.e.f. 1-6-2016). 4 ----- **4. Prohibition of holding illegally acquired property.—(1) As from the commencement of this Act,** it shall not be lawful for any person to whom this Act applies to hold any illegally acquired property either by himself or through any other person on his behalf. (2) Where any person holds any illegally acquired property in contravention of the provisions of sub-section (1), such property shall be liable to be forfeited to the Central Government in accordance with the provisions of this Act. **5. Competent authority.—(1) The Central Government may, by order published in the Official** Gazette, authorise as many officers of the Central Government (not below the rank of a Joint Secretary to the Government), as it thinks fit, to perform the functions of the competent authority under this Act. (2) The competent authorities shall perform their functions in respect of such persons or classes of persons as the Central Government may, by order, direct. **6. Notice of forfeiture.—(1) If, having regard to the value of the properties held by any person to** whom this act applies, either by himself or through any other person on his behalf, his known sources of income, earnings or assets, and any other information or material available to it as a result of action taken under section 18 or otherwise, the competent authority has reason to believe (the reasons for such belief to be recorded in writing) that all or any of such properties are illegally acquired properties, it may serve a notice upon such person (hereinafter referred to as the person affected) calling upon him within such time as may be specified in the notice, which shall not be ordinarily less than thirty days, to indicate the sources of his income, earnings or assets, out of which or by means of which he has acquired such property, the evidence on which he relies and other relevant information and particulars, and to show cause why all or any of such properties, as the case may be, should not be declared to be illegally acquired properties and forfeited to the Central Government under this Act. (2) Where a notice under sub-section (1) to any person specifies any property as being held on behalf of such person by any other person, a copy of the notice shall also be served upon such other person. **7. Forfeiture of property in certain cases.—(1) The competent authority may, after considering the** explanation, if any, to the show-cause notice issued under section 6, and the materials available before it and after giving to the person affected (and in a case where the person affected holds any property specified in the notice through any other person, to such other person also) a reasonable opportunity of being heard, by order, record a finding whether all or any of the properties in question are illegally acquired properties. (2) Where the competent authority is satisfied that some of the properties referred to in the show cause notice are illegally acquired properties but is not able to identity specifically such properties, then, it shall be lawful for the competent authority to specify the properties which, to the best of its judgment, are illegally acquired properties and record a finding accordingly under sub-section (1). (3) Where the competent authority records a finding under this section to the effect that any property is illegally acquired property, it shall declare that such property shall, subject to the provisions of this Act, stand forfeited to the Central Government free from all encumbrances. (4) Where any shares in a company stand forfeited to the Central Government under this Act, then, the company shall, notwithstanding anything contained in the Companies Act, 1956 (1 of 1956), or the articles of association of the company, forthwith register the Central Government as the transferee of such shares. **8. Burden of proof.—In any proceedings under this Act, the burden of proving that any property** specified in the notice served under section 6 is not illegally acquired property shall be on the person affected. **9. Fine in lieu of forfeiture.—(1) Where the competent authority makes a declaration that any property stands** forfeited to the Central Government under section 7 and it is a case where the source of only a part, being less than one-half, of the income, earnings or assets with which such property was acquired has not been proved to the satisfaction of the competent authority, it shall make an order giving an option to the person affected to pay, in lieu of forfeiture, a fine equal to one and one-fifth times the value of such part. 5 ----- _Explanation.—For the purposes of this sub-section, the value of any part of income, earnings or assets, with_ which any property has been acquired, shall be,— (a) in the case of any part of income or earnings, the amount of such part of income or earnings; (b) in the case of any part of assets, the proportionate part of the full value of the consideration for the acquisition of such assets. (2) Before making an order imposing a fine under sub-section (1), the person affected shall be given a reasonable opportunity of being heard. (3) Where the person affected pays the fine due under sub-section (1), within such time as may be allowed in that behalf, the competent authority may, by order, revoke the declaration of forfeiture under section 7 and thereupon such property shall stand released. **10. Procedure in relation to certain trust properties.—In the case of any person referred to in clause (vi) of** _Explanation_ 3 to sub-section (2) of section 2, if the competent authority, on the basis of the information and materials available to it, has reason to believe (the reasons for such belief to be recorded in writing) that any property held in trust is illegally acquired property, it may serve a notice upon the author of the trust or, as the case may be, the contributor of the assets out of or by means of which such property was acquired by the trust and the trustees, calling upon them within such time as may be specified in the notice which shall not ordinarily be less than thirty days, to explain the source of the money or other assets out of or by means of which such property was acquired or, as the case may be, the source of the money or other assets which were contributed to the trust for acquiring such property and thereupon such notice shall be deemed to be a notice served under section 6 and all the other provisions of this Act shall apply accordingly. _Explanation.—For the purposes of this section “illegally acquired property”, in relation to any property held in_ trust, includes— (i) any property which if it had continued to be held by the author of the trust or the contributor of such property to the trust would have been illegally acquired property in relation to such author or contributor; (ii) any property acquired by the trust out of any contributions made by any person which would have been illegally acquired property in relation to such person had such person acquired such property out of such contributions. **11. Certain transfers to be null and void.—Where after the issue of a notice under section 6 or under** section 10, any property referred to in the said notice is transferred by any mode whatsoever such transfer shall, for the purposes of the proceedings under this Act, be ignored and if such property is subsequently forfeited to the Central Government under section 7, then, the transfer of such property shall be deemed to be null and void. **12. Constitution of Appellate Tribunal.—(1) The Central Government may, by notification in the Official** Gazette, constitute an Appellate Tribunal [1]*** consisting of a Chairman and such number of other members (being officers of the Central Government not below the rank of a Joint Secretary to the Government) as the Central Government thinks fit, to be appointed by the Government for [2][hearing appeals against the orders made— (a) under section 7, sub-section (1) of section 9 or section 10; (b) under section 68F, section 68-I, sub-section (1) of section 68K or section 68L, of the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985); (c) by the Adjudicating Authority or any other authority under the Prevention of Money-laundering Act, 2002, (15 of 2003);] 3[(d) by the Adjudicating Authorities, Competent Authorities and the Qualifications, Special Director (Appeals) under the Foreign Exchange Management Act, 1999 (42 of 1999).] 1. The words “to be called the Appellate Tribunal for Forfeited Property” omitted by Act 28 of 2016, s. 226 (w.e.f. 1-6-2016). 2. Subs. by s. 226, ibid., for “hearing appeals against the orders made under section 7, sub-section (1) of section 9 or section 10” (w.e.f. 1-6-2016). 3. Ins. by Act 7 of 2017, s. 164 (w.e.f. 26-5-2017). 6 ----- (2) The Chairman of the Appellate Tribunal shall be a person who is or has been [1]*** a Judge of the Supreme Court or of a High Court. (3) The terms and conditions of service of the Chairman and other members shall be such as may be prescribed. (4) Any person aggrieved by an order of the competent authority made under section 7, sub-section (1) of section 9 or section 10, may, within forty-five days from the date on which the order is served on him, prefer an appeal to the Appellate Tribunal: Provided that the Appellate Tribunal may entertain any appeal after the said period of forty-five days, but not after sixty days, from the date aforesaid if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. (5) On receipt of an appeal under sub-section (4), the Appellate Tribunal may, after giving an opportunity to the appellant to be heard, if he so desires, and after making such further enquiry as it deems fit, confirm, modify or set aside the order appealed against. (6) The powers and functions of the Appellate Tribunal may be exercised and discharged by Benches consisting of three members and constituted by the Chairman of the Appellate Tribunal. 2[(6A) Notwithstanding anything contained in sub-section (6), where the Chairman considers it necessary so to do for the expeditious disposal of appeals under this section, he may constitute a [3][Bench with one or two members] and a Bench so constituted may exercise and discharge the powers and functions of the Appellate Tribunal: Provided that if the members of a Bench so constituted differ on any point or points, they shall state the point or points on which they differ and refer the same to a third member (to be specified by the Chairman) for hearing on such point or points and such point or points shall be decided according to the opinion of that member.] 4[(6B) In the event of the occurrence of any vacancy in the office of the Chairman by reason of his death, resignation or otherwise, the senior-most member, shall act as the Chairman until the date on which a new Chairman, appointed in accordance with the provisions of this Act to fill such vacancy, enters upon his office. (6C) When the Chairman is unable to discharge his functions owing to absence, illness or any other cause, the senior-most member shall discharge the functions of the Chairman until the date on which the Chairman resumes his duties.] (7) The Appellate Tribunal may regulate its own procedure. 2[(8) On application to the Appellate Tribunal and on payment of the prescribed fee, the Tribunal may allow a party to any appeal or any person authorised in this behalf by such party to inspect at any time during office hours, any relevant records and registers of the Tribunal and obtain a certified copy of any part thereof.] 5[12A. Qualifications, terms and conditions of service of Chairperson, and Member.— Notwithstanding anything contained in this Act, the qualifications, appointment, term of office, salaries and allowances, resignation, removal and the other terms and conditions of service of the Chairperson and other members of the Appellate Tribunal appointed after the commencement of [6][the Tribunals Reforms Act, 2021, shall be governed by the provisions of Chapter II of the said Act]: Provided that the Chairperson and other members appointed before the commencement of Part XIV of Chapter VI of the Finance Act, 2017 (7 of 2017), shall continue to be governed by the provisions of this Act, and the rules made thereunder as if the provisions of section 184 of the Finance Act, 2017 had not come into force.] **13. Notice or order not to be invalid for error in description.—No notice issued or served, no** declaration made, and no order passed, under this Act shall be deemed to be invalid by reason of any error in 1. The words “or is qualified to be” omitted by Act 28 of 2016, s. 226 (w.e.f. 1-6-2016). 2. Ins. by Act 55 of 1980, s. 2 (w.e.f. 1-7-1981). 3. Subs. by Act 28 of 2016, s. 226, for “Bench of two members” (w.e.f. 1-6-2016) 4. Ins. by s. 226, ibid. (w.e.f. 1-6-2016). 5. Ins. by Act 7 of 2017, s. 164 (w.e.f. 26-5-2017). 6. Subs. by Act 33 of 2021, s. 14, for “Part XIV of Chapter VI of the Finance Act, 2017 (7 of 2017), shall be governed by the provisions of section 184 of that Act” (w.e.f. 4-4-2021). 7 ----- the description of the property or person mentioned therein if such property or person is identifiable from the description so mentioned. **14. Bar of jurisdiction.—No order passed or declaration made under this Act shall be appealable except** as provided therein and no civil court shall have jurisdiction in respect of any matter which the Appellate Tribunal or any competent authority 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. **15. Competent authority and Appellate Tribunal to have powers of civil court.—The competent** authority and the Appellate Tribunal 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 documents; (c) receiving evidence or affidavits; (d) requisitioning any public record or copy thereof from any court or office; (e) issuing commissions for examination of witnesses or documents; (f) any other matter which may be prescribed. **16. Information to competent authority.—(1) Notwithstanding anything contained in any other** law, the competent authority shall have power to require any officer or authority of the Central Government or a State Government or a local authority to furnish information in relation to such persons, points or matters as in the opinion of the competent authority will be useful for, or relevant to, the purposes of this Act. (2) Any officer of the Income-tax Department, the Customs Department or the Central Excise Department or any officer of enforcement appointed under the Foreign Exchange Regulation Act, 1973 (46 of 1973), may furnish suo motu any information available with him to the competent authority if in the opinion of the officer such information will be useful to the competent authority for the purposes of this Act. **17. Certain officers to assist competent authority and Appellate Tribunal.—For the purposes of** any proceedings under this Act, the following officers are hereby empowered and required to assist the competent authority and the Appellate Tribunal, namely:— (a) officers of the Customs Department; (b) officers of the Central Excise Department; (c) officers of the Income-tax Department; (d) officers of enforcement appointed under the Foreign Exchange Regulation Act, 1973 (46 of 1973); (e) officers of police; (f) such other officers of the Central or State Government as are specified by the Central Government in this behalf by notification in the Official Gazette. **18. Power of competent authority to require certain officers to exercise certain powers.—(1) For** the purposes of any proceedings under this Act or the initiation of any such proceedings, the competent authority shall have power to cause to be conducted any inquiry, investigation or survey in respect of any person, place, property, assets, documents, books of account or any other relevant matters. (2) For the purposes referred to in sub-section (1), the competent authority may, having regard to the nature of the inquiry, investigation or survey, require an officer of the Income-tax Department to conduct or cause to be conducted such inquiry, investigation or survey. 8 ----- (3) Any officer of the Income-tax Department who is conducting or is causing to be conducted any inquiry, investigation or survey required to be conducted under sub-section (2), may, for the purpose of such inquiry, investigation or survey, exercise any power (including the power to authorise the exercise of any power) which may be exercised by him for any purpose under the Income-tax Act, 1961 (43 of 1961), and the provisions of the said Act shall, so far as may be, apply accordingly. **19. Power to take possession.—(1) Where any property has been declared to be forfeited to the** Central Government under this Act, or where the person affected has failed to pay the fine due under sub-section (1) of section 9 within the time allowed there for under sub-section (3) of that section, the competent authority may order the person affected 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 to any person duly authorised by it in this behalf within thirty days of the service of the order. (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. (3) Notwithstanding anything contained in sub-section (2), the competent authority may, for the purpose of taking possession of any property referred to in sub-section (1), requisition the service of any police officer to assist the competent authority and it shall be the duty of such officer to comply with such requisition. **20. Rectification of mistakes.—With a view to rectifying any mistakes apparent from record, the** competent authority or the Appellate Tribunal, as the case may be, may amend any order made by it within a period of one year from the date of the order: Provided that if any such amendment is likely to affect any person prejudicially, it shall not be made without giving to such person a reasonable opportunity of being heard. **21. Findings under other laws not conclusive for proceedings under this Act.—No finding of any** officer or authority under any other law shall be conclusive for the purposes of any proceeding under this Act. **22. Service of notices and orders.—Any notice or order issued or made under this Act shall be** served— (a) by tendering the notice or order or sending it by registered post to the person for whom it is intended or to his agent; (b) if the notice or order cannot be served in the manner provided in clause (a), by affixing it on a conspicuous place in the property in relation to which the notice or order is issued or made, or on some conspicuous part of the premises in which the person for whom it is intended is known to have last resided or carried on business or personally worked for gain. **23. Protection of action taken in good faith.—No suit, prosecution or other proceeding shall lie** against the Central Government or any officer of the Central or State Government for anything which is done, or intended to be done, in good faith, in pursuance of this Act or the rules made thereunder. **24. Act to have overriding effect.—The provisions of this Act shall have effect notwithstanding** anything inconsistent therewith contained in any other law for the time being in force. **25. Provisions of the Act not to apply to certain properties held in trust.—Nothing contained in** this Act shall apply in relation to any property held by a trust or an institution created or established wholly for public, religious or charitable purposes if— (i) such property has been so held by such trust or institution from a date prior to the commencement of this Act; or (ii) such property is wholly traceable to any property held by such trust or institution prior to the commencement of this Act. 9 ----- **26. 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) 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 terms and conditions of service of the Chairman and other members of the Appellate Tribunal under sub-section (3) of section 12; 1[(aa) the fees which shall be paid for the inspection of the records and registers of the Appellate Tribunal or for obtaining a certified copy of any part thereof under sub-section (8) of section 12;] (b) the powers of a civil court that may be exercised by the competent authority and the Appellate Tribunal under clause (f) of section 15; (c) any other matter which has to be, or may be, prescribed. (3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately 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 from 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. Repeal and saving.—(1) The Smugglers and Foreign Exchange Manipulators (Forfeiture of** Property) Ordinance, 1975 (20 of 1975), is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the Ordinance so repealed shall be deemed to have been done or taken under the corresponding provisions of this Act. 1. Ins. by Act 55 of 1980, s. 3 (w.e.f. 1-7-1981). 10 -----

25-Jan-1976

11

The Sales Promotion Employees (Conditions of Service) Act, 1976

https://www.indiacode.nic.in/bitstream/123456789/1473/1/A1976__11.pdf

central

# THE SALES PROMOTION EMPLOYEES (CONDITIONS OF SERVICE) ACT, 1976 __________ ARRANGEMENT OF SECTIONS _________ SECTIONS 1. Short title, extent, commencement and application. 2. Definitions. 3. Power of Central Government to declare certain industries to be notified industries. 4. Leave. 5. Issue of appointment letter. 6. Application of certain Acts to sales promotion employees. 7. Maintenance of registers. 8. Inspectors. 9. Penalty. 10. Offences by companies. 11. Cognizance of offence. 11A. Effect of laws and agreements inconsistent with this Act. 12. Power to make rules. ----- # THE SALES PROMOTION EMPLOYEES (CONDITIONS OF SERVICE) ACT, 1976 ACT NO. 11 OF 1976 [25th January, 1976.] # An Act to regulate certain conditions of service of sales promotion employees in certain establishments. BE it enacted by Parliament in the Twenty-sixth Year of the Republic of India as follows:— **1. Short title, extent, commencement and application.—(1) This Act may be called the Sales** Promotion Employees (Conditions of Service) Act, 1976. (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 and different dates may be appointed for different States. (4) It shall apply in the first instance to every establishment engaged in pharmaceutical industry. (5) The Central Government may, by notification in the Official Gazette, apply the provisions of this Act, with effect from such date as may be specified in the notification, to any other establishment engaged in any notified industry. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “establishment” means an establishment engaged in pharmaceutical industry or in any notified industry; (b) “notified industry” means an industry declared as such under section 3; (c) “prescribed” means prescribed by rules made under this Act; 2[(d) “sales promotion employees” means any person by whatever name called (including an apprentice) employed or engaged in any establishment for hire or reward to do any work relating to promotion of sales or business, or both, but does not include any such person— (i) who, being employed or engaged in a supervisory capacity, draws wages exceeding sixteen hundred rupees per mensem; or (ii) who is employed or engaged mainly in a managerial or administrative capacity. _Explanation.—For the purposes of this clause, the wages per mensem of a person shall be_ deemed to be the amount equal to thirty times his total wages (whether or not including, or comprising only of, commission) in respect of the continuous period of his service falling within the period of twelve months immediately preceding the date with reference to which the calculation is to be made, divided by the number of days comprising that period of service;] (e) 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. **3. Power of Central Government to declare certain industries to be notified industries.—The** Central Government may, having regard to the nature of any industry (not being pharmaceutical industry), the number of employees employed in such industry to do any work relating to promotion of sales or business or both, the conditions of service of such employees and such other factors which, in the opinion of the Central Government, are relevant, declare such industry to be a notified industry for the purposes of this Act. 1. 6th March, 1976, vide notification No. S.O. 176(E), dated 6th March, 1976, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 2. Subs. by Act 48 of 1986, s. 2, for clause (d) (w.e.f. 6-5-1987). ----- **4. Leave.—[1][(1)] In addition to such holidays, casual leave or other kinds of leave as may be** prescribed, every sales promotion employee [2]*** shall be granted, if so requested for— (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. 3[(2) The maximum limit up to which a sales promotion employee may accumulate earned leave shall be such as may be prescribed. (3) The limit up to which the earned leave may be availed of at a time by a sales promotion employee and the reasons for which such limit may be exceeded shall be such as may be prescribed. (4) A sales promotion employee shall,— (a) when he voluntarily relinquishes his post or retires from service, or (b) when his services are terminated for any reason whatsoever (not being termination as punishment), be entitled to cash compensation, subject to such conditions and restrictions as may be prescribed (including conditions by way of specifying the maximum period for which such cash compensation shall be payable), in respect of the earned leave earned by him and not availed of. (5) Where a sales promotion employee dies while in service, his heirs shall be entitled to cash compensation for the earned leave earned by him and not availed of. (6) The cash compensation which will be payable to a sales promotion employee or, as the case may be, his heirs in respect of any period of earned leave for which he or his heirs, as the case may be, is or are entitled to cash compensation under sub-section (4) or sub-section (5), as the case may be, shall be an amount equal to the wages due to such sales promotion employee for such period.] **5. Issue of appointment letter.—Every employer in relation to a sales promotion employee shall** furnish to such employee a letter of appointment, in such form as may be prescribed,— (a) in a case where he holds appointment as such at the commencement of this Act, within three months of such commencement; and (b) in any other case, on his appointment as such. **6. Application of certain Acts to sales promotion employees.—(1) The provisions of the** Workmen’s Compensation Act, 1923 (8 of 1923), as in force for the time being, shall apply to, or in relation to, sales promotion employees as they apply to, or in relation to, workmen within the meaning of that Act. 4[(2) The provisions of the Industrial Disputes Act, 1947 (14 of 1947), as in force for the time being, shall apply to, or in relation to, sales promotion employees as they apply to, or in relation to, workmen within the meaning of that Act and for the purposes of any proceeding under that Act in relation to an industrial dispute, a sales promotion employee shall be deemed to include a sales promotion employee who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute or whose dismissal, discharge or retrenchment had led to that dispute.] (3) The provisions of the Minimum Wages Act, 1948 (11 of 1948), as in force for the time being, shall apply to, or in relation to, sales promotion employees as they apply to, or in relation to, employees within the meaning of that Act. 1. Section 4 renumbered as sub-section (1) thereof by Act 48 of 1986, s. 3 (w.e.f. 8-3-1976). 2. The words and brackets “drawing wages (being wages, not including any commission)” omitted by s. 3, ibid. (w.e.f. 8-3 1976). 3. Ins. by s. 3, ibid. (w.e.f. 8-3-1976). 4. Sub-section (2) shall stand omitted (date to be notified) by Act 46 of 1982, s. 2. ----- (4) The provisions of the Maternity Benefit Act, 1961 (53 of 1961), as in force for the time being, shall apply to, or in relation to, sales promotion employees, being women, as they apply to, or in relation to, women employed, whether directly or through any agency, for wages in any establishment within the meaning of that Act. (5) The provisions of the Payment of Bonus Act, 1965 (21 of 1965), as in force for the time being, shall apply to, or in relation to, sales promotion employees as they apply to, or in relation to, employees within the meaning of that Act. (6) The provisions of the Payment of Gratuity Act, 1972 (39 of 1972), as in force for the time being, shall apply to, or in relation to, sales promotion employees as they apply to, or in relation to, employees within the meaning of that Act. 1[(7) Notwithstanding anything contained in the foregoing sub-sections,— (a) in the application of any Act referred to in any of the said sub-sections to sales promotion employees, the wages of a sales promotion employee for the purposes of such Act, shall be deemed to be his wages as computed in accordance with the provisions of this Act; (b) where an Act referred to in any of the said sub-sections provides for a ceiling limit as to wages so as to exclude from the purview of the application of such Act persons whose wages exceed such ceiling limit, such Act shall not apply to any sales promotion employee whose wages as computed in accordance with the provisions of this Act exceed such ceiling limit.] **7. Maintenance of registers.—Every employer in relation to an establishment shall keep and** maintain such registers and other documents and in such manner as may be prescribed. **8. 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 have been complied with in respect of an establishment,— (a) require an employer to furnish such information as he may consider necessary; (b) at any reasonable time enter the establishment or any premises connected therewith and require any one found in charge thereof to produce before him for examination any registers and other documents relating to the employment of sales promotion employees; (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 establishment or any premises connected therewith or any person whom the Inspector has reasonable cause to believe to be or to have been a sales promotion employee in the establishment; (d) make copies of or take extracts from any register or other documents maintained in relation to the establishment under this Act; (e) exercise such other powers as may be prescribed. (3) Every Inspector shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, 1860 (45 of 1860) (4) Any person required to produce any register or other document or to give information by an Inspector under sub-section (2) shall be legally bound to do so. **9. Penalty.—If any employer contravenes the provisions of section 4 or section 5 or section 7 or any** rules made under this Act, he shall be punishable with fine which may extend to one thousand rupees. 1. Ins. by Act 48 of 1986, s. 4 (w.e.f. 6-5-1987). ----- **STATE AMENDMENT** **Union Territory of Jammu and Kashmir and Ladakh** **Insertion of new section-After section 9, insert-** **“9A. Compounding of offences.-(1) Any offence punishable under sections 4, 5 and 7 or any** rules made under this Act may, either before or after the institution of the prosecution, on an application by the alleged offender, be compounded by payment of compounding amount not more than fifty thousand by such officer or authority as the appropriate Government may, by notification in the Official Gazette, specify in this behalf: Provided that the appropriate Government may, by notification in the Official Gazette, amend the said specified compounding amount: Provided further that the offences of the same nature committed by the same offender for more than three occasions shall not be compoundable: Provided also that such offences shall be compounded only after the alleged offender has acted to the satisfaction of such officer or authority that such offence is not continued any further: (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 in respect of such offence and the offender, if in custody, shall be released or discharged.". **[Vide Union Territory of Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Second** Order, 2020, vide Notification No. S.O. 3465(E), dated (5-10-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-102020).] **10. Offences by companies.—(1) Where an offence under this Act has been committed by a** company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this 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. (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 such offence and shall be liable to be proceeded against and punished accordingly. (3) 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. **11. Cognizance of offence.—(1) No court inferior to that of a Metropolitan Magistrate or a** Magistrate of the first class shall try any offence punishable under this Act. (2) No court shall take cognizance of an offence under this Act, unless the complaint thereof is made within six months of the date on which the offence is alleged to have been committed. 1[11A. Effect of laws and agreements inconsistent with this Act.—(1) The provisions of this Act or of any rule made thereunder shall have effect, notwithstanding anything inconsistent therewith contained 1. Ins. by Act 69 of 1982, s. 2 (w.e.f. 13-11-1982). ----- in any other law or in the terms of any award, agreement, settlement or contract of service, whether made before or after the coming into force of this Act: Provided that where under any such law, award, agreement, settlement or contract of service, a sales promotion 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 sales promotion employee shall continue to be entitled to the more favourable benefits in respect of that matter, notwithstanding that he is entitled to receive benefits in respect of other matters under this Act. (2) Nothing contained in this Act shall be construed to preclude a sales promotion employee from entering into an agreement with his employer for granting him rights or privileges in respect of any matter which are more favourable to him than those to which he would be entitled under this Act.] **12. 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 kinds of leave that may be granted to a sales promotion employee [1][, the limit up to which he may accumulate earned leave, the limit up to which he may avail of earned leave at a time and the reasons for which such limit may be exceeded, the conditions and restrictions subject to which he may be entitled to cash compensation] under section 4; (b) the form of the letter of appointment to be furnished under section 5; (c) the registers and other documents to be kept and maintained under section 7 and the manner in which such registers and other documents may be kept and maintained; (d) any other matter which has to be, or may be prescribed. (3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. Ins. by Act 48 of 1986, s. 5 (w.e.f. 8-3-1976). -----

25-Jan-1976

10

The Election Laws (Extension to Sikkim) Act, 1976

https://www.indiacode.nic.in/bitstream/123456789/1405/3/A1976-10.pdf

central

THE ELECTION LAWS (EXTENSION TO SIKKIM) ACT, 1976 __________ ARRANGEMENT OF SECTIONS ____________ SECTIONS 1. Short title and commencement. 2. Extension and amendment of election laws. 3. Repeal and saving. THE SCHEDULE. 1 ----- # THE ELECTION LAWS (EXTENSION TO SIKKIM) ACT, 1976 ACT NO. 10 OF 1976 [25th January, 1976.] # An Act to provide for the extension of the Representation of the People Act, 1950 and the Representation of the People Act, 1951, to the State of Sikkim. BE it enacted by Parliament in the Twenty-sixth Year of the Republic of India as follows:— **1. Short title and commencement.—(1) This Act may be called the Election Laws (Extension to** Sikkim) Act, 1976. (2) It shall be deemed to have come into force on the 9th day of September, 1975. **2. Extension and amendment of election laws.—(1) The Acts mentioned in the Schedule are** hereby extended to, and shall be in force in, the State of Sikkim. (2) With effect from the commencement of this Act, the Acts mentioned in the Schedule shall be amended as specified therein. (3) Any reference in the Acts mentioned in the Schedule to a law not in force, or to a functionary not in existence, in the State of Sikkim shall be construed as a reference to the corresponding law in force, or to the corresponding functionary in existence, in that State: Provided that if any question arises as to who such corresponding functionary is, or if there is no such corresponding functionary, the Central Government shall decide as to who such functionary will be and the decision of the Central Government shall be final. **3.** **Repeal** **and** **saving.—(1)** The Election Laws (Extension to Sikkim) Ordinance, 1975 (9 of 1975), is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under or by virtue of the said Ordinance shall be deemed to have been done or taken under or by virtue of this Act. ________ THE SCHEDULE (See section 2) THE REPRESENTATION OF THE PEOPLE ACT, 1950 (43 OF 1950) _Section 7A.—After section 7, insert:—_ “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-six Amendment) Act, 1975 to be the 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.”. 2 ----- _Section 25A.—In Part III, after section 25, insert: —_ **“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.”. _The First Schedule.—In the First Schedule, under the heading “I. STATES”, after serial number 15_ and the entries relating thereto, insert:— “15A. Sikkim . . . . . . . . . . 1 . . ”. THE REPRESENTATION OF THE PEOPLE ACT, 1951 (43 OF 1951) _Section 4.—In section 4, omit “and” at the end of clause (cc) and after that clause, insert:—_ “(ccc) in the case of the seat allotted to the State of Sikkim, he is an elector for the Parliamentary constituency for Sikkim.”. _Section 5A.—After section 5, insert:—_ **“5A.** **Qualifications** **for** **membership** **of** **Legislative** **Assembly** **of** **Sikkim.—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, he is 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.”. _Section 12A.—After section 12, insert:—_ **“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.”. _Section 14A.—After section 14, insert:—_ **“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 3 ----- 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.”. _Section 33.—In section 33, after sub-section (1), insert:—_ “(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; (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.”. _Section 34.—In section 34, in sub-section (2), for “under sub-section (1) of section 33”, substitute_ “under sub-section (1) or, as the case may be, sub-section (1A) of section 33”. _Section 35.—In section 35, for “under sub-section (1)”, substitute “under sub-section (1) or, as the_ case may be, sub-section (1A)”. 4 -----

9-Feb-1976

21

The Regional Rural Banks Act, 1976

https://www.indiacode.nic.in/bitstream/123456789/1492/1/197621.pdf

central

# THE REGIONAL RURAL BANKS ACT, 1976 _________ # ARRANGEMENT OF SECTIONS __________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. CHAPTER II INCORPORATION AND CAPITAL OF REGIONAL RURAL BANKS 3. Establishment and incorporation of Regional Rural Banks. 4. Offices and agencies. 5. Authorised capital. 6. Issued capital. 7. Shares to be approved securities. CHAPTER III MANAGEMENT 8. Management. 9. Board of directors. 10. Term of office of director. 11. Chairman. 12. Disqualifications. 13. Vacation of the seat of directors. 14. Meetings of Board. 15. Committees of Board. 16. Fees and allowances of directors and members of committees. 17. Staff of Regional Rural Banks. CHAPTER IV BUSINESS OF A REGIONAL RURAL BANK 18. Business which a Regional Rural Bank may transact. CHAPTER V ACCOUNTS AND AUDIT 19. Closure of accounts. 20. Annual report to be furnished to the shareholders. 21. Disposal of profits. 22. Regional Rural Bank to be deemed to be a co-operative society for purpose of the Income-tax Act, 1961. 23. Interest-tax not payable. CHAPTER VA AMALGAMATION OF REGIONAL RURAL BANKS 23A. Amalgamation of Regional Rural Banks. 23B. Notification under section 23A to be sufficient notice to concerned parties. 23C. Cessation of business of transferor Regional Rural Banks. ----- SECTIONS 23D. Liquidation of Regional Rural Banks. CHAPTER VI MISCELLANEOUS 24. Power of Central Government to give directions. 24A. Inspection, audit and scrutiny by the Sponsor Bank. 25. Obligations as to fidelity and secrecy. 26. Bar to liquidation of Regional Rural Bank. 27. Defects in appointment or constitution not to invalidate acts or proceedings. 28. Indemnity of directors, etc. 29. Power to make rules. 30. Power to make regulations. 31. Removal of difficulties. 32. Act to override the provisions of other laws. _CHAPTER VII. (Repealed)_ THE SCHEDULE. ----- # THE REGIONAL RURAL BANKS ACT, 1976 ACT NO. 21 OF 1976 [9th February, 1976.] # An Act to provide for the incorporation, regulation and winding up of Regional Rural Banks with a view to developing the rural economy by providing, for the purpose of development of agriculture, trade, commerce, industry and other productive activities in the rural areas, credit and other facilities, particularly to the small and marginal farmers, agricultural labourers, artisans and small entrepreneurs, and for matters connected therewith and incidental thereto. BE it enacted by Parliament in the Twenty-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 Regional Rural Banks** Act, 1976. (2) It extends to the whole of India. (3) It shall be deemed to have come into force on the 26th day of September, 1975. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “Board”, in relation to a Regional Rural Bank, means the Board of directors of that Regional Rural Bank; (b) “Chairman”, in relation to a Regional Rural Bank, means the individual appointed or re-appointed under sub-section (1) of section 11 as the Chairman of that bank; (c) “director”, in relation to a Regional Rural Bank, means a member of the Board of that bank; 1[(ca) “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);] (d) “notified area” means the local limits, specified under sub-section (1) of section 3, within which a Regional Rural Bank shall operate; (e) “prescribed” means prescribed by rules made under this Act; (f) “Regional Rural Bank” means a Regional Rural Bank established under sub-section (1) of section 3; (g) “Sponsor Bank”, in relation to a Regional Rural Bank, means a bank by which such Regional Rural Bank has been sponsored; (h) “State Government” means,— (i) in relation to a Regional Rural Bank established in a Union territory, the Central Government; (ii) in relation to a Regional Rural Bank established in a State, the Government of that State; (i) words and expressions used herein and not defined but defined in the Reserve Bank of India Act, 1934 (2 of 1934), shall have the meanings respectively assigned to them in that Act; (j) words and expressions used herein and not defined either in this Act or in the Reserve Bank of India Act, 1934 (2 of 1934), but defined in the Banking Regulation Act, 1949 (10 of 1949), shall have the meanings respectively assigned to them in the Banking Regulation Act, 1949 (10 of 1949). 1. Ins. by Act 1 of 1988, s. 2 (w.e.f. 28-9-1988). ----- CHAPTER II INCORPORATION AND CAPITAL OF REGIONAL RURAL BANKS **3. Establishment and incorporation of Regional Rural Banks.—(1) The Central Government may,** if requested so to do by a Sponsor Bank, by notification in the Official Gazette, establish in a State or Union territory, one or more Regional Rural Banks with such name as may be specified in the notification and may, by the said or subsequent notification, specify the local limits within which each Regional Rural Bank shall operate. (2) Every Regional Rural Bank shall be a body corporate with perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property and to contract and may sue and be sued in its name. 1[(3) It shall be the duty of the Sponsor Bank to aid and assist the Regional Rural Bank, sponsored by it, by— (a) subscribing to the share capital of such Regional Rural Bank; (b) training personnel of such Regional Rural Bank; and (c) providing such managerial and financial assistance to such Regional Rural Bank [2]***, as may be mutually agreed upon between the Sponsor Bank and the Regional Rural Bank: 3* - - - *] **4. Offices and agencies.—(1) A Regional Rural Bank shall have its head office at such place in the** notified area as the Central Government may, after consultation with the [4][National Bank] and the Sponsor Bank, specify by notification in the Official Gazette. (2) A Regional Rural Bank may, if it is of opinion that it is necessary so to do, establish its branches or agencies at any place in the notified area. **5. Authorised capital.—The authorised capital of each Regional Rural Bank shall be [5][two thousand** crore of rupees, divided into two hundred crore of fully paid-up shares of ten rupees each]: Provided that the Central Government may, after consultation with the [6][National Bank] and the Sponsor Bank, increase or reduce such authorised capital; so, however, that the authorised capital shall not be reduced below [7][one crore of rupees, and the shares shall be, in all cases, fully paid-up shares of ten rupees each]. **6. Issued capital.—[8][(1) The issued capital of each Regional Rural Bank shall, in the first instance,** be such as may be fixed by the Central Government in this behalf, but it shall in no case be less than [9][one 9[one crore of rupees].] (2) Of the capital issued by a Regional Rural Bank under sub-section (1), fifty per cent. shall be subscribed by the Central Government; fifteen per cent. by the concerned State Government and thirty-five per cent. by the Sponsor Bank. 10[Provided that in case the Regional Rural Bank raises its capital from sources other than the Central Government or the State Government or the Sponsor Bank, the shareholding of the Central Government and the Sponsor Bank shall not be less than fifty-one per cent.: Provided further that the Central Government shall consult the concerned State Government if the level of shareholding in the Regional Rural Bank of such State Government is reduced below fifteen per cent.] 1. Subs. by Act 1 of 1988, s. 3, for sub-section (3) (w.e.f. 28-9-1988). 2. The words “during the first five years of its functioning” omitted by Act 14 of 2015, s. 2 (w.e.f. 4-2-2016). 3. The proviso omitted by s. 2, ibid. (w.e.f. 4-2-12016). 4. Subs. by Act 1 of 1988, s. 4, for “Reserve Bank” (w.e.f. 28-9-1988). 5. Subs. by Act 14 of 2015, s. 3, for “five crores of rupees divided into five lakhs of fully paid-up shares of one hundred rupees each” (w.e.f. 4-2-2016). 6. Subs. by Act 1 of 1988, s. 5, for “Reserve Bank” (w.e.f. 28-9-1988). 7. Subs. by Act 14 of 2015, s. 3, for “twenty-five lakhs of rupees, and the shares shall be, in all cases, fully paid-up shares of one hundred rupees each” (w.e.f. 4-2-2016). 8. Subs. by Act 1 of 1988, s. 6, for sub-section (1) (w.e.f. 28-9-1988). 9. Subs. by Act 14 of 2015, s. 4, for “twenty-five lakhs of rupees or exceed one crore of rupees” (w.e.f. 4-2-2016). 10. Ins. by s. 4, ibid. (w.e.f. 4-2-2016). ----- 1[(2A) The Central Government may, in consultation with the Sponsor Bank and the State Government, by notification, either raise or reduce the limit of shareholding of the Central Government, the State Government or the Sponsor Bank specified in sub-section (2): Provided that the Central Government shall consult the concerned State Government before reducing the limit of shareholding of such State Government.] (3) The Board may, after consultation with the [2][National Bank], the concerned State Government and the Sponsor Bank and with the prior approval of the Central Government, from time to time, increase the issued capital of the Regional Rural Bank; and, where additional capital is issued, such capital shall also be subscribed in the same proportion as is specified in sub-section (2) [1][or, as the case may be, notified by the Central Government under sub-section (2A)]. **7. Shares to be approved securities.—Notwithstanding anything contained in the Acts hereinafter** mentioned in this section, the shares of a Regional Rural Bank shall be deemed to be included among the securities enumerated in section 20 of the Indian Trusts Act, 1882 (2 of 1882), and shall also be deemed to be approved securities for the purposes of the Banking Regulation Act, 1949 (10 of 1949). CHAPTER III MANAGEMENT **8. Management.—(1) Subject to the provisions of this Act, the general superintendence, direction** and management of the affairs and business of a Regional Rural Bank shall vest in a Board of directors who may exercise all the powers and discharge all the functions which may be exercised or discharged by the Regional Rural Bank. (2) In discharging its functions, the Board shall act on business principles and shall have due regard to public interest. **9. Board of directors.—(1) The Board of directors shall consist of the Chairman appointed under** sub-section (1) of section 11, and the following other members, namely:— [3][(a) two directors, who are not officers of the Central Government, State Government, Reserve Bank, National Bank, Sponsor Bank or any other bank, to be nominated by the Central Government; 4[Provided that no person shall be nominated as a director, if he is already a director on the Board Board of any other Regional Rural Bank;] (b) one director, who is an officer of the Reserve Bank, to be nominated by that Bank; (c) one director, who is an officer of the National Bank, to be nominated by that Bank; (d) two directors, who are officers of the Sponsor Bank, to be nominated by that Bank; and (e) two directors, who are officers of the concerned State Government, to be nominated by that Government:] 4[(f) such number of directors elected by the shareholders other than the directors nominated by the Central Government, the State Government, the Sponsor Bank and other institutions owned or controlled by the Central Government or the State Government, whose names are entered in the register of shareholders of the Regional Rural Bank at least ninety days before the date of the meeting in which the election of directors takes place on the following basis, namely:— (i) where the total amount of equity share capital issued to such shareholders is ten per cent. or less of the total issued equity capital, one director shall be elected from such shareholders; (ii) where the total amount of equity share capital issued to such shareholders is more than ten per cent. but less than twenty-five per cent. of the total issued equity capital, two directors shall be elected from the shareholders including the shareholders referred to in sub-clause (i); 1. Ins. by Act 14 of 2015, s. 4 (w.e.f. 4-2-2016). 2. Subs. by Act 1 of 1988, s. 6, for “Reserve Bank” (w.e.f. 28-9-1988). 3. Subs. by s. 7, ibid., for clauses (a), (b) and (c) (w.e.f. 28-9-1988). 4. Ins. by Act 14 of 2015, s. 5 (w.e.f. 4-2-2016). ----- (iii) where the total amount of equity share capital issued to such shareholders is twenty-five per cent. or more of the total issued equity capital, three directors shall be elected from the shareholders including shareholders referred to in sub-clauses (i) and (ii).] (2) The Central Government may increase the number of members of the Board; so, however, that the number of directors does not exceed fifteen in the aggregate and also prescribe the manner in which the additional number may be filled in. 1[(3) The Central Government may appoint an officer of the Central Government on the Board of Regional Rural Banks, if it considers necessary for the purposes of effective functioning of the Regional Rural Banks.] 2[10. Term of office of director.—A director nominated under clause (a) of sub-section (1) of section 9 shall hold office during the pleasure of the Central Government and for such term, not exceeding three years, from the date on which he assumes his office, as the Central Government may specify at the time of his nomination and shall be eligible for renomination: Provided that no such director shall hold office either continuously or intermittently for a period exceeding six years.] **11. Chairman.—(1)** [3][The Sponsor Bank] shall appoint an individual to be the Chairman of a Regional Rural Bank and specify the period, not exceeding five years, for which such individual shall, subject to the provisions of sub-section (4), hold office as the Chairman: 4[Provided that no appointment of such an individual shall be made,— (a) if such an individual is an officer of the Sponsor Bank, except after consultation with the National Bank; (b) in any other case, except with the prior approval of the Central Government.] 5[(1A) Notwithstanding anything contained in sub-section (1),— (a) the Sponsor Bank shall have the right to terminate the term of office of the Chairman at any time before the expiry of the period specified in sub-section (1): Provided that no such termination shall be made,— (a) if the Chairman is an officer of the Sponsor Bank, except after consultation with the National Bank; and (b) in any other case, except with the prior approval of the Central Government: Provided further that where the Chairman is not an officer of the Central Government, State Government, Reserve Bank, National Bank, Sponsor Bank or any other bank, he shall be given notice of not less than three months in writing or three months’ salary and allowances in lieu of such notice; and (b) the Chairman shall have the right to resign his office at any time before the expiry of the period specified in sub-section (1) by giving to the Sponsor Bank, notice of not less than three months in writing.] (2) The individual, appointed as a Chairman under sub-section (1), shall, on the expiry of the period specified under that sub-section, be eligible for re-appointment. (3) The Chairman shall devote his whole time to the affairs of the Regional Rural Bank and shall have, subject to the superintendence, control and direction of the Board, the management of the whole of the affairs of the Regional Rural Bank. 1. Ins. by Act 14 of 2015, s. 5 (w.e.f. 4-2-2016). 2. Subs. by s. 6, ibid., for section 10 (w.e.f. 4-2-2016). 3. Subs. by Act 1 of 1988, s. 8, for “The Central Government” (w.e.f. 28-9-1988). 4. Proviso ins. by s. 8, ibid. (w.e.f. 28-9-1988). 5. Subs. by s. 8, ibid., for sub-section (1A) (w.e.f. 28-9-1988). ----- 1[(4) 2[The Sponsor Bank] may, at any time, remove the Chairman from office: 3[Provided that no such removal shall be made,— (a) if the Chairman is an officer of the Sponsor Bank, except after consultation with the National Bank; and (b) in any other case, except with the prior approval of the Central Government: Provided further that] no person shall be removed from his office, under this sub-section, unless he has been given an opportunity of showing cause against his removal.] (5) The Chairman shall receive such salary and allowances and be governed by such terms and conditions of service as may be determined by the [4][the Sponsor Bank in consultation with the National Bank]. (6) If the Chairman 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 office, the Central Government may appoint another individual to act as the Chairman during the absence of the first-mentioned Chairman. **12. Disqualifications.—A person shall be disqualified for being appointed or, as the case may be,** nominated as, and for being, a director, if he— (a) is, or, at any time has been, adjudged insolvent or has suspended payment of his debt or has compounded with his creditors, or (b) is of unsound mind and stands so declared by a competent court, or (c) is, or has been, convicted of an offence which, in the opinion of the Central Government, involves moral turpitude. **13. Vacation of the seat of directors.—(1) If a director—** (a) becomes subject to any disqualification specified in section 12, or (b) is absent without leave of the Board for more than three consecutive meetings thereof, his seat shall thereupon become vacant. 5[(2) A director may resign his office by giving notice thereof in writing to the authority by which he was nominated; and, on such resignation being accepted, the director shall be deemed to have vacated his office.] **14. Meetings of Board.—(1) The Board of directors of a Regional Rural Bank 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) The Chairman of the Regional Rural Bank shall preside over every meeting of the Board, and, in his absence, such director as the Chairman may generally, or in relation to any particular meeting, authorise in this behalf shall preside; and, in the absence of both the Chairman and the director so authorised, the directors present at the meeting shall elect one from among themselves to preside over the meeting. _Explanation.—For the purposes of this sub-section, “absence” from a meeting means non-attendance_ for any reason whatsoever at the meeting, or any part of the meeting during which any business is transacted. (3) All questions at a meeting of the Board shall be decided by a majority of the votes of the directors present and voting; and, in case of equality of votes, the person presiding shall have a second or casting vote. 1. Subs. by Act 73 of 1976, s. 6, for sub-section (4) (w.e.f. 11-6-1976). 2. Subs. by Act 1 of 1988, s. 8, for “The Central Government” (w.e.f. 28-9-1988). 3. Subs. by s. 8, ibid., for “Provided that” (w.e.f. 28-9-1988). 4. Subs. by s. 8, ibid., for “the Central Government” (w.e.f. 28-9-1988). 5. Subs. by s. 9, ibid., for sub-section (2) (w.e.f. 28-9-1988). ----- (4) No director shall, as a director, take part in the discussion of, or vote on, any contract, loan, arrangement or proposal entered into or to be entered into, by or on behalf of the Regional Rural Bank, if he is, in any way, whether directly or indirectly, interested in the contract, loan, arrangement or proposal and, where a director is interested in any such matter, he shall, at the earliest possible opportunity, disclose to the Board the nature of his interest in such contract, loan, arrangement or proposal, and where he does so, his presence at the meeting shall not count for the purpose of forming any quorum at the time of any such discussion or vote, and if he does vote, his vote shall be void: 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 within the meaning of 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 the Regional Rural Bank has entered into, or proposes to enter into, any contract, loan, arrangement or proposal; or (ii) a director of the Regional Rural Bank as such. **15. Committees of Board.—The Board may constitute such committees, whether consisting wholly** of directors or wholly of other persons or partly of directors and partly of other persons, as it may think fit, for such purposes as it may decide. **16. Fees and allowances of directors and members of committees.—(1) Every director and every** member of a committee (other than the Chairman) shall be paid such fees and allowances as may be determined by the Central Government: Provided that no fees shall be paid to any director, or member of a committee, if he is an officer of the Central Government, State Government, the Reserve Bank, [1][National Bank,] Sponsor Bank or any other bank. (2) The allowances payable to a director or a member of a committee, who is an officer of the Central Government, State Government, Reserve Bank, [1][National Bank,] Sponsor Bank or any other bank, shall be paid by the Government or bank by which such officer is employed; and the allowances and fees payable to any other director or member of a committee shall be payable by the concerned Regional Rural Bank. **17. Staff of Regional Rural banks.—(1) A Regional Rural Bank may appoint such number of** officers and other employees as it may consider necessary or desirable [2][in such manner as may be prescribed] for the efficient performance of its functions and may determine the terms and conditions of their appointment and service: Provided that it shall be lawful for a Sponsor Bank, if requested so to do by a Regional Rural Bank sponsored by it, to send, [3]*** such number of officers or other employees on deputation to the Regional Rural Bank as may be necessary or desirable for the efficient performance of its functions: Provided further that the remuneration of officers and other employees appointed by a Regional Rural Bank shall be such as may be determined by the Central Government, and, in determining such remuneration, the Central Government shall have due regard to the salary structure of the employees of the State Government and the local authorities of comparable level and status in the notified area. (2) Notwithstanding anything contained in the Industrial Disputes Act, 1947 (14 of 1947), or any other law for the time being in force, no award, judgment, decree, decision or order of any industrial tribunal, court or other authority, made before the commencement of this Act, shall apply to the terms and conditions in relation to the persons appointed by a Regional Rural Bank. (3) The officers and other employees of a Regional Rural Bank shall exercise such powers and perform such duties as may be entrusted or delegated to them by the Board. 1. Ins. by Act 1 of 1988, s. 10 (w.e.f. 28-9-1988). 2. Ins. by s. 11, ibid. (w.e.f. 28-9-1988). 3. The words “, during the first five years of the functioning of a Regional Rural Bank,” omitted by s. 11, ibid. (w.e.f. 28-9-1988). ----- CHAPTER IV BUSINESS OF A REGIONAL RURAL BANK **18. Business which a Regional Rural Bank may transact.—(1) Every Regional Rural Bank shall** 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 forms of business specified in sub-section (1) of section 6 of that Act. (2) Without prejudice to the generality of the provisions of sub-section (1), every Regional Rural Bank may, in particular, undertake the following types of business, namely:— (a) the granting of loans and advances, particularly to small and marginal farmers and agricultural labourers, whether individually or in groups, and to co-operative societies, including agricultural marketing societies, agricultural processing societies, co-operative farming societies, primary agricultural credit societies or farmers’ service societies, for agricultural purposes or agricultural operations or for other purposes connected therewith; (b) the granting of loans and advances, particularly to artisans, small entrepreneurs and persons of small means engaged in trade, commerce or industry or other productive activities, within the notified area in relation to the Regional Rural Bank. CHAPTER V ACCOUNTS AND AUDIT **19. Closure of accounts.—(1) Every Regional Rural Bank shall cause its books to be closed and** balanced as on the [1][31st day of March] [2][or such other date in each year as the Central Government may, by notification in the Official Gazette, specify] and shall appoint with the approval of the Central Government auditors for the audit of its accounts: 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 closing and balancing of, or for other matters relating to, the books in respect of the concerned years.] (2) Every auditor of a Regional Rural Bank shall be a person who is qualified to act as an auditor of a company under section 226 of the Companies Act, 1956 (1 of 1956), and shall receive such remuneration as the Regional Rural Bank may fix with the approval of the Central Government. (3) Every auditor shall be supplied with a copy of the annual balance-sheet and profit and loss account of the Regional Rural Bank, and a list of all books kept by the Regional Rural Bank, and it shall be the duty of the auditor to examine the balance-sheet 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 Regional Rural Bank; (b) may, at the expense of the Regional Rural Bank, employ accountants or other persons to assist him in investigating such accounts; and (c) may, in relation to such accounts, examine the Chairman or any officer or employee of the Regional Rural Bank. (4) Every auditor of a Regional Rural Bank shall make a report to that bank upon the annual balance-sheet and accounts and in every such report shall state,— (a) whether, in his opinion, the balance-sheet is a full and fair balance-sheet containing all necessary particulars and is properly drawn up so as to exhibit a true and fair view of the affairs of the Regional Rural Bank, and, in case he had called for any explanation or information, whether it has been given and whether it is satisfactory; 1. Subs. by Act 14 of 2015, s. 7, for “31st day of December” (w.e.f. 4-2-2016). 2. Subs. by Act 66 of 1988, s. 33, for “of each year” (w.e.f. 30-12-1988). 3. Ins. by s. 33, ibid. (w.e.f. 30-12-1988). ----- (b) whether or not, the transactions of the Regional Rural Bank, which have come to his notice, have been within the powers of that bank; (c) whether or not, the returns received from the offices and branches of the Regional Rural Bank have been found adequate for the purpose of his audit; (d) whether the profit and loss account shows a true balance of profit or loss for the period covered by such accounts; and (e) any other matter which he considers should be brought to the notice of the Regional Rural Bank. **20. Annual report to be furnished to the shareholders.—[1][(1)] Every Regional Rural Bank shall,** within [2][three months from the date of the closure of its accounting year, or such further period, not exceeding three months, as may be permitted by the Reserve Bank], send to each of its shareholders a report as to its working and activities during the accounting year immediately preceding together with a copy of its balance-sheet, profit and loss account and the auditor’s report in relation to the accounts of the said accounting year. 3[(2) The Central Government shall cause every auditor’s report and report on the working and activities of each Regional Rural Bank to be laid, as soon as may be after they are received, before each House of Parliament.] **21. Disposal of profits.—After making provisions for bad and doubtful debts, depreciation in assets,** contributions to staff and superannuation funds and all other matters for which provision is, under law, necessary or which are usually provided for by banking companies, a Regional Rural Bank may, out of its net profits, declare a dividend. **22. Regional Rural Bank to be deemed to be a co-operative society for purpose of the** **Income-tax Act, 1961.—For the purpose of the Income-tax Act, 1961 (43 of 1961), or any other** enactment for the time being in force relating to any tax on income, profits or gains, a Regional Rural Bank shall be deemed to be a co-operative society. **23. Interest-tax not payable.—Notwithstanding anything contained in the Interest-tax** Act, 1974 (45 of 1974), no Regional Rural Bank shall be liable to pay any tax under that Act. 4[CHAPTER VA AMALGAMATION OF REGIONAL RURAL BANKS **23A. Amalgamation of Regional Rural Banks.—(1) Notwithstanding anything contained in this** Act, if the Central Government, after consultation with the National Bank, the concerned State Government and the Sponsor Bank, is of the opinion that it is necessary in the public interest or in the interest of the development of the area served by any Regional Rural Bank or in the interest of the Regional Rural Banks themselves, that two or more Regional Rural Banks should be amalgamated, that Government may, by notification in the Official Gazette, provide for the amalgamation of such Regional Rural Banks (hereafter in this Chapter referred to as the transferor Regional Rural Banks) into a single Regional Rural Bank (hereafter in this Chapter referred to as the transferee Regional Rural Bank) with such constitution, property, powers, rights, interests, authorities and privileges; and with such liabilities, duties and obligations, as may be specified in the notification. (2) Every notification issued under sub-section (1) shall indicate the date with effect from which the amalgamation shall become effective. 1. S. 20 renumbered as sub-section (1) thereof by Act 81 of 1985, s. 11 (w.e.f. 1-5-1986). 2. Subs. by Act 1 of 1988, s. 12, for “sixty days from the date of closure of its accounting year” (w.e.f. 28-9-1988). 3. Ins. by Act 81 of 1985, s. 11 (w.e.f. 1-5-1986). 4. Ins. by Act 1 of 1988, s. 13 (w.e.f. 28-9-1988). ----- (3) Every notification issued under sub-section (1) may also provide for all or any of the following matters, namely:— (a) the continuance in service of all the employees of the transferor Regional Rural Banks (excepting such of them as not being workmen with the meaning of the Industrial Disputes Act, 1947 (14 of 1947) are specifically mentioned in the notification) in the transferee Regional Rural 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 date on which the amalgamation takes effect; (b) notwithstanding anything contained in clause (a), where any of the employees of the transferor Regional Rural Banks, not being workmen within the meaning of the Industrial Disputes Act, 1947 (14 of 1947) are specifically mentioned in the notification, or where any employee of the transferor Regional Rural Banks has by notice in writing given to the transferee Regional Rural Bank at any time before the expiry of a period of three months next following the date on which the amalgamation takes effect, intimated his intention of not becoming an employee of the transferee Regional Rural Bank, the payment to such employee of compensation, if any, to which he is entitled under the Industrial Disputes Act, 1947, and such gratuity, provident fund and other retirement benefits ordinarily admissible to him under the rules or authorisations of the concerned transferor Regional Rural Banks immediately before that date; (c) the other terms and conditions for the amalgamation of Regional Rural Banks; and (d) the continuance by or against the transferee Regional Rural Bank of any pending legal proceeding by or against any transferor Regional Rural Banks and such consequential, incidental and supplemental provisions, as may, in the opinion of the Central Government, be necessary to give effect to the amalgamation. (4) Every notification issued under sub-section (1) shall, as soon as may be after it has been made, be laid before each House of Parliament. **23B. Notification under section 23A to be sufficient notice to concerned parties.—(1) A** notification issued under sub-section (1) of section 23A, shall constitute sufficient notice of the provisions thereof to all the parties concerned and shall be binding on the transferor Regional Rural Banks and the transferee Regional Rural Bank and to the depositors, creditors, employees and all other persons having dealings with such banks. (2) Notwithstanding anything contained in the Transfer of Property Act, 1882 (4 of 1882) or the Registration Act, 1908 (16 of 1908), any notification issued under sub-section (1) of section 23A shall be sufficient conveyance, in accordance with the provisions of the notification, of the business, properties, assets and liabilities, rights, interests, powers, privileges, benefits and obligations of whatever nature of the transferor Regional Rural Banks to the transferee Regional Rural Bank. (3) On and from the date on which the amalgamation takes effect under section 23A, any reference to the transferor Regional Rural Banks in any agreement, conveyance, assurance, power of attorney or any other document of whatsoever nature, shall be deemed to be a reference to the transferee Regional Rural Bank and the rights and obligations of the transferor Regional Rural Banks shall be deemed to be the rights and obligations of the transferee Regional Rural Bank to the extent specified in the said amalgamation. **23C. Cessation of business of transferor Regional Rural Banks.—On and from the date on which** the amalgamation takes effect under section 23A, the transferor Regional Rural Banks shall cease to carry on business, including that of making of any payment to any depositors or discharge any liability or obligation to the creditors except to the extent as may be necessary for the implementation of the provisions of the said amalgamation. **23D. Liquidation of Regional Rural Banks.—Where a notification is issued for the amalgamation** of Regional Rural Banks under sub-section (1) of section 23A, the Central Government may, by a further notification in the Official Gazette, direct that on such date, as may be specified therein, the transferor Regional Rural Banks, which by reason of amalgamation will cease to function, shall stand dissolved and such direction shall take effect notwithstanding anything to the contrary contained in section 26.] ----- CHAPTER VI MISCELLANEOUS **24. Power of Central Government to give directions.—(1) A Regional Rural Bank shall, in the** discharge of its functions, be guided by such directions in regard to matters of policy involving public interest as the Central Government may, after consultation with the Reserve Bank, give. (2) If any question arises as to whether any such direction relates to a matter of policy involving public interest, the decision of the Central Government thereon shall be final. 1[24A. Inspection, audit and scrutiny by the Sponsor Bank.—Notwithstanding anything contained in section 19 and without prejudice to the provisions of section 35 of the Banking Regulation Act, 1949 (10 of 1949), the Sponsor Bank shall, from time to time, monitor the progress of the Regional Rural Banks sponsored by it and cause inspection, internal audit and scrutiny to be made by one or more of its officers and suggest corrective measures to be taken by such Regional Rural Bank.] **25. Obligations as to fidelity and secrecy.—(1) A Regional Rural 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 Regional Rural Bank to divulge. (2) Every director, member of a committee or auditor, officer or other employee of a Regional Rural Bank shall, before entering upon his duties, make a declaration of fidelity and secrecy in the form set out in the Schedule to this Act; 2[(3) Nothing contained in this section shall apply to the credit information disclosed under the Credit Information Companies (Regulation) Act, 2005 (30 of 2005).] **26. Bar to liquidation of Regional Rural Bank.—No provision of law relating to the winding up of** companies shall apply to a Regional Rural Bank and a Regional Rural Bank shall not be placed in liquidation save by order of the Central Government and in such manner as it may direct. **27. Defects in appointment or constitution not to invalidate acts or proceedings.—(1) No act of a** Chairman, acting in good faith, shall be invalid merely by reason of any defect in his appointment or in the procedure. (2) No act or proceeding of any Board of directors or of any committee of a Regional Rural Bank shall be invalid merely on the ground of the existence of any vacancy in, or defect in the constitution of, such Board or committee, as the case may be. (3) Acts done by a person, acting in good faith, as a director or member of a committee of a Regional Rural Bank shall be valid, notwithstanding that it may afterwards be discovered that his appointment was invalid by reason of any defect or disqualification or had terminated by virtue of any provision contained in any law for the time being in force: Provided that nothing in this section shall be deemed to give validity to any act done by a director or a member of any committee of a Regional Rural Bank after his appointment has been shown to the Regional Rural Bank to be invalid or to have terminated. **28. Indemnity of directors, etc.—(1) A director or a member of a committee of a Regional Rural** Bank shall not be responsible for any loss or expense caused to such bank by insufficiency or deficiency of the value of, or title to, any property or security acquired or taken on behalf of a Regional Rural Bank or by the insolvency or wrongful act of any customer or debtor or anything done in, or in relation to, the execution of the duties of his office, unless such loss, expense, insufficiency or deficiency was due to any wilful act or default on the part of such director or member. 1. Ins. by Act 1 of 1988, s. 14 (w.e.f. 28-9-1988). 2. Ins. by Act 30 of 2005, s. 2 and the Schedule (w.e.f. 23-6-2005). ----- (2) The Chairman of a Regional Rural Bank and every officer of the Central Government or State Government or an officer of the Reserve Bank [1][or the National Bank] or the Sponsor Bank and every officer or other employee of a Regional Rural Bank shall be indemnified by such bank against all losses and expenses incurred by him in, or in relation to, the discharge of his duties except such as have been caused by his own wilful act or default. **29. Power to make rules.—(1) The Central Government may, after consultation with the [2][National** Bank] and the Sponsor Bank, by notification in the Official Gazette, make rules for carrying out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the manner in which the additional number of members of the Board may be filled in, under sub-section (2) of section 9; (b) the time and place at which the Board of directors of a Regional Rural Bank shall meet and the rules of procedure which shall be observed by the Board in regard to the transaction of business at its meetings, under sub-section (1) of section 14; 3[(ba) the manner in which the officers and other employees of the Regional Rural Banks shall be appointed;] (c) any other matter which is required to be, or may be, prescribed. (3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of 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. **30. Power to make regulations.—[4][(1)] The Board of directors of a Regional Rural Bank may, after** consultation with the Sponsor Bank and the [5][National Bank], and with the previous sanction of the Central Government, [6][by notification in the Official Gazette,] 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. 7[(2) Every regulation shall, as soon as may be after it is made under this Act by the Board of directors, 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.] 1. Ins. by Act 1 of 1988, s. 15 (w.e.f. 28-9-1988). 2. Subs. by s. 16, ibid., for “Reserve Bank” (w.e.f. 28-9-1988). 3. Ins. by s. 16, ibid. (w.e.f. 28-9-1988). 4. Section 30 renumbered as sub-section (1) thereof by Act 1 of 1984, s. 70 (w.e.f. 15-2-1984). 5. Subs. by Act 1 of 1988, s. 17, for “Reserve Bank” (w.e.f. 28-9-1988). 6. Ins. by Act 66 of 1988, s. 34 (w.e.f. 30-12-1988). 7. Ins. by Act 1 of 1984, s. 70 (w.e.f. 15-2-1984). ----- **31. Removal of difficulties.—If any difficulty arises in giving effect to the provisions of this Act, the** Central Government may make such order, not inconsistent with the provisions of this Act, as may appear to it to be necessary for the purpose of removing the difficulty: Provided that no such order shall be made after the expiry of a period of five years from the commencement of this Act. **32. Act to override the provisions of other laws.—The provisions of this Act shall have effect** notwithstanding anything to the contrary contained in any other law for the time being in force or in any contract, express or implied, or in any instrument having effect by virtue of any law other than this Act, and notwithstanding any custom or usage to the contrary. _CHAPTER VII_ [Amendments of certain enactments.] _Rep. by the Repealing and Amending_ _Act, 1988 (19 of 1988), s. 2 and the First Schedule (w.e.f. 31-3-1988)._ ----- THE SCHEDULE [See section 25 (2)] 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, member of a committee, officer, employee or auditor (as the case may be) of the Regional Rural Bank and which properly relate to any office or position in the said 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 Regional Rural Bank or to the affairs of any person having any dealings with the Regional Rural 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 Regional Rural Bank and relating to the business of the Regional Rural Bank, or to the business of any person having any dealings with the Regional Rural Bank. Signature. Signed before me. Dated -----

9-Feb-1976

19

The Bonded Labour System (Abolition) Act, 1976

https://www.indiacode.nic.in/bitstream/123456789/1491/1/197619.pdf

central

# THE BONDED LABOUR SYSTEM (ABOLITION) ACT, 1976 _________ # ARRANGEMENT OF SECTIONS __________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. 3. Act to have overriding effect. CHAPTER II ABOLITION OF BONDED LABOUR SYSTEM 4. Abolition of bonded labour system. 5. Agreement, custom, etc., to be void. CHAPTER III EXTINGUISHMENT OF LIABILITY TO REPAY BONDED DEBT 6. Liability to repay bonded debt to stand extinguished. 7. Property of bonded labourer to be freed from mortgage, etc. 8. Freed bonded labourer not to be evicted from homestead, etc. 9. Creditor not to accept payment against extinguished debt. CHAPTER IV IMPLEMENTING AUTHORITIES 10. Authorities who may be specified for implementing the provisions of this Act. 11. Duty of District Magistrate and other officers to ensure credit. 12. Duty of District Magistrate and officers authorised by him. CHAPTER V VIGILANCE COMMITTEES 13. Vigilance Committees. 14. Functions of Vigilance Committees. 15. Burden of proof. CHAPTER VI OFFENCES AND PROCEDURE FOR TRIAL 16. Punishment for enforcement of bonded labour. 17. Punishment for advancement of bonded debt. 18. Punishment for extracting bonded labour under the bonded labour system. 19. Punishment for omission or failure to restore possession of property to bonded labourers. 20. Abetment to be an offence. 21. Offences to be tried by Executive Magistrates. 22. Cognizance of offences. 23. Offences by companies. CHAPTER VII MISCELLANEOUS 24. Protection of action taken in good faith. 25. Jurisdiction of civil courts barred. 26. Power to make rules. 27. Repeal and saving. ----- # THE BONDED LABOUR SYSTEM (ABOLITION) ACT, 1976 ACT NO. 19 OF 1976 [9th February, 1976.] # An Act to provide for the abolition of bonded labour system with a view to preventing the economic and physical exploitation of the weaker sections of the people and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Twenty-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 Bonded Labour System** (Abolition) Act, 1976. (2) It extends to the whole of India. (3) It shall be deemed to have come into force on the 25th day of October, 1975. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “advance” means an advance, whether in cash or in kind, or partly in cash or partly in kind, made by one person (hereinafter referred to as the creditor) to another person (hereinafter referred to as the debtor); (b) “agreement” means an agreement (whether written or oral, or partly written and partly oral) between a debtor and creditor, and includes an agreement providing for forced labour, the existence of which is presumed under any social custom prevailing in the concerned locality. _Explanation.—The existence of an agreement between the debtor and creditor is ordinarily_ presumed, under the social custom, in relation to the following forms of forced labour, namely:— Adiyamar, Baramasia, Basahya, Bethu, Bhagela, Cherumar, Garru-Galu, Hali, Hari, Harwai, Holya, Jana, Jeetha, Kamiya, Khundit-Mundit, Kuthia, Lakhari, Munjhi, Mat, Munish system, Nit-Majoor, Paleru, Padiyal, Pannayilal, Sagri, Sanji,Sanjawat, Sewak, Sewakia, Seri, Vetti; (c) “ascendant” or “descendant”, in relation to a person belonging to a matriarchal society, means the person who corresponds to such expression in accordance with the law of succession in force in such society; (d) “bonded debt” means an advance obtained, or presumed to have been obtained, by a bonded labourer under, or in pursuance of, the bonded labour system; (e) “bonded labour” means any labour or service rendered under the bonded labour system; (f) “bonded labourer” means a labourer who incurs, or has, or is presumed to have, incurred, a bonded debt; (g) “bonded labour system” means the system of forced, or partly forced, labour under which a debtor enters, or has, or is presumed to have, entered, into an agreement with the creditor to the effect that,— (i) in consideration of an advance obtained by him or by any of his lineal ascendants or descendants (whether or not such advance is evidenced by any document) and in consideration of the interest, if any, due on such advance, or (ii) in pursuance of any customary or social obligation, or (iii) in pursuance of an obligation devolving on him by succession, or (iv) for any economic consideration received by him or by any of his lineal ascendants or descendants, or ----- (v) by reason of his birth in any particular caste or community, he would— (1) render, by himself or through any member of his family, or any person dependent on him, labour or service to the creditor, or for the benefit of the creditor, for a specified period or for an unspecified period, either without wages or for nominal wages, or (2) forfeit the freedom of employment or other means of livelihood for a specified period or for an unspecified period, or (3) forfeit the right to move freely throughout the territory of India, or (4) forfeit the right to appropriate or sell at market value any of his property or product of his labour or the labour of a member of his family or any person dependent on him, and includes the system of forced, or partly forced, labour under which a surety for a debtor enters, or has, or is presumed to have, entered, into an agreement with the creditor to the effect that in the event of the failure of the debtor to repay the debt, he would render the bonded labour on behalf of the debtor. 1[Explanation.—For the removal of doubts, it is hereby declared that any system of forced, or partly forced labour under which any workman being contract labour as defined in clause (b) of sub-section (1) of section 2 of the Contract Labour (Regulation and Abolition) Act, 1970 (37 of 1970), or an inter-State migrant workman as defined in clause (e) of sub-section (1) of section 2 of the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 (30 of 1979), is required to render labour or service in circumstances of the nature mentioned in sub-clause (1) of this clause or is subjected to all or any of the disabilities referred to in sub-clauses (2) to (4), is “bonded labour system” within the meaning of this clause;] (h) “family”, in relation to a person, includes the ascendant and descendant of such person; (i) “nominal wages”, in relation to any labour, means a wage which is less than,— (a) the minimum wages fixed by the Government, in relation to the same or similar labour, under any law for the time being in force, and (b) where no such minimum wage has been fixed in relation to any form of labour, the wages that are normally paid, for the same or similar labour, to the labourers working in the same locality; **3. Act to have overriding effect.—The provisions of this Act shall have effect notwithstanding** anything inconsistent therewith contained in any enactment other than this Act, or in any instrument having effect by virtue of any enactment other than this Act. CHAPTER II ABOLITION OF BONDED LABOUR SYSTEM **4. Abolition of bonded labour system.—(1) On the commencement of this Act, the bonded labour** system shall stand abolished and every bonded labourer shall, on such commencement, stand freed and discharged from any obligation to render any bonded labour. (2) After the commencement of this Act, no person shall— (a) make any advance under, or in pursuance of, the bonded labour system, or (b) compel any person to render any bonded labour or other form of forced labour. 1. Explanation added by Act 73 of 1985, s. 2 (w.e.f. 24-12-1985). ----- **5. Agreement, custom, etc., to be void.—On the commencement of this Act, any custom or tradition** or any contract, agreement or other instrument (whether entered into or executed before or after the commencement of this Act), by virtue of which any person, or any member of the family or dependant of such person, is required to do any work or render any service as a bonded labourer, shall be void and inoperative. CHAPTER III EXTINGUISHMENT OF LIABILITY TO REPAY BONDED DEBT **6. Liability to repay bonded debt to stand extinguished.—(1) On the commencement of this Act,** every obligation of a bonded labourer to repay any bonded debt, or such part of any bonded debt as remains unsatisfied immediately before such commencement, shall be deemed to have been extinguished. (2) After the commencement of this Act, no suit or other proceeding shall lie in any civil court or before any other authority for the recovery of any bonded debt or any part thereof. (3) Every decree or order for the recovery of bonded debt, passed before the commencement of this Act and not fully satisfied before such commencement, shall be deemed, on such commencement, to have been fully satisfied. (4) Every attachment made before the commencement of this Act, for the recovery of any bonded debt, shall, on such commencement, stand vacated; and, where, in pursuance of such attachment, any movable property of the bonded labourer was seized and removed from his custody and kept in the custody of any court or other authority pending sale thereof, such movable property shall be restored, as soon as may be practicable after such commencement, to the possession of the bonded labourer. (5) Where, before the commencement of this Act, possession of any property belonging to a bonded labourer or a member of his family or other dependant was forcibly taken over by any creditor for the recovery of any bonded debt, such property shall be restored, as soon as may be practicable after such commencement, to the possession of the person from whom it was seized. (6) If restoration of the possession of any property referred to in sub-section (4) or sub-section (5) is not made within thirty days from the commencement of this Act, the aggrieved person may, within such time as may be prescribed, apply to the prescribed authority for the restoration of the possession of such property and the prescribed authority may, after giving the creditor a reasonable opportunity of being heard, direct the creditor to restore to the applicant the possession of the concerned property within such time as may be specified in the order. (7) An order made by any prescribed authority, under sub-section (6), shall be deemed to be an order made by a civil court and may be executed by the court of the lowest pecuniary jurisdiction within the local limits of whose jurisdiction the creditor voluntarily resides or carries on business or personally works for gain. (8) For the avoidance of doubts, it is hereby declared that, where any attached property was sold before the commencement of this Act, in execution of a decree or order for the recovery of a bonded debt, such sale shall not be affected by any provision of this Act: Provided that the bonded labourer, or an agent authorised by him in this behalf, may, at any time within five years from such commencement, apply to have the sale set aside on his depositing in court, for payment to the decree-holder, the amount specified in the proclamation of sale, for the recovery of which the sale was ordered, less any amount, as well as mesne profits, which may, since the date of such proclamation of sale, have been received by the decree-holder. (9) Where any suit or proceeding, for the enforcement of any obligation under the bonded labour system, including a suit or proceeding for the recovery of any advance made to a bonded labourer, is pending at the commencement of this Act, such suit or other proceeding shall, on such commencement, stand dismissed. (10) On the commencement of this Act, every bonded labourer who has been detained in civil prison, whether before or after judgment, shall be released from detention forthwith. ----- **7. Property of bonded labourer to be freed from mortgage, etc.—(1) All property vested in a** bonded labourer which was, immediately before the commencement of this Act under any mortgage, charge, lien or other incumbrances in connection with any bonded debt shall, in so far as it is relatable to the bonded debt, stand freed and discharged from such mortgage, charge, lien or other incumbrances, and where any such property was, immediately before the commmencement of this Act, in the possession of the mortgagee or the holder of the charge, lien or incumbrance, such property shall (except where it was subject to any other charge), on such commencement, be restored to the possession of the bonded labourer. (2) If any delay is made in restoring any property, referred to in sub-section (1), to the possession of the bonded labourer, such labourer shall be entitled, on and from the date of such commencement, to recover from the mortgagee or holder of the lien, charge or incumbrance, such mesne profits as may be determined by the civil court of the lowest pecuniary jurisdiction within the local limits of whose jurisdiction such property is situated. **8. Freed bonded labourer not to be evicted from homestead, etc.—(1) No person who has been** freed and discharged under this Act from any obligation to render any bonded labour, shall be evicted from any homestead or other residential premises which he was occupying immediately before the commencement of this Act as part of the consideration for the bonded labour. (2) If, after the commencement of this Act, any such person is evicted by the creditor from any homestead or other residential premises, referred to in sub-section (1), the Executive Magistrate in charge of the Sub-Division within which such homestead or residential premises is situated shall, as early as practicable, restore the bonded labourer to the possession of such homestead or other residential premises. **9. Creditor not to accept payment against extinguished debt.—(1) No creditor shall accept any** payment against any bonded debt which has been extinguished or deemed to have been extinguished or fully satisfied by virtue of the provisions of this Act. (2) Whoever contravenes the provisions of sub-section (1) shall be punishable with imprisonment for a term which may extend to three years and also with fine. (3) The court, convicting any person under sub-section (2) may, in addition to the penalties which may be imposed under that sub-section, direct the person to deposit, in court, the amount accepted in contravention of the provisions of sub-section (1), within such period as may be specified in the order for being refunded to the bonded labourer. CHAPTER IV IMPLEMENTING AUTHORITIES **10. Authorities who may be specified for implementing the provisions of this Act.—The State** Government may confer such powers and impose such duties on a District Magistrate as may be necessary to ensure that the provisions of this Act are properly carried out and the District Magistrate may specify the officer, subordinate to him, who shall exercise all or any of the powers, and perform all or any of the duties, so conferred or imposed and the local limits within which such powers or duties shall be carried out by the officer so specified. **11. Duty of District Magistrate and other officers to ensure credit.—The District Magistrate** authorised by the State Government under section 10 and the officer specified by the District Magistrate under that section shall, as far as practicable, try to promote the welfare of the freed bonded labourer by securing and protecting the economic interests of such bonded labourer so that he may not have any occasion or reason to contract any further bonded debt. **12. Duty of District Magistrate and officers authorised by him.—It shall be the duty of every** District Magistrate and every officer specified by him under section 10 to inquire whether, after the commencement of this Act, any bonded labour system or any other form of forced labour is being enforced by, or on behalf of, any person resident within the local limits of his jurisdiction and if, as a result of such inquiry, any person is found to be enorcing the bonded labour system or any other system of forced labour, he shall forthwith take such action as may be necessary to eradicate the enforcement of such forced labour. ----- CHAPTER V VIGILANCE COMMITTEES **13. Vigilance Committees.—(1) Every State Government shall, by notification in the Official** Gazette, constitute such number of Vigilance Committees in each district and each Sub-Division as it may think fit. (2) Each Vigilance Committee, constituted for a district, shall consist of the following members, namely:— (a) the District Magistrate, or a person nominated by him, who shall be the Chairman; (b) three persons belonging to the Scheduled Castes or Scheduled Tribes and residing in the district, to be nominated by the District Magistrate; (c) two social workers, resident in the district, to be nominated by the District Magistrate; (d) not more than three persons to represent the official or non-official agencies in the district connected with rural development, to be nominated by the State Government; (e) one person to represent the financial and credit institutions in the district, to be nominated by the District Magistrate. (3) Each Vigilance Committee, constituted for a Sub-Division, shall consist of the following members, namely:— (a) the Sub-Divisional Magistrate, or a person nominated by him, who shall be the Chairman; (b) three persons belonging to the Scheduled Castes or Scheduled Tribes and residing in the Sub-Division, to be nominated by the Sub-Divisional Magistrate; (c) two social workers, resident in the Sub-Division, to be nominated by the Sub-Divisional Magistrate; (d) not more than three persons to represent the official or non-official agencies in the Sub-Division connected with rural development to be nominated by the District Magistrate; (e) one person to represent the financial and credit institutions in the Sub-Division, to be nominated by the Sub-Divisional Magistrate; (f) one officer specified under section 10 and functioning in the Sub-Division. (4) Each Vigilance Committee shall regulate its own procedure and secretarial assistance, as may be necessary, shall be provided by— (a) the District Magistrate, in the case of a Vigilance Committee constituted for the district; (b) the Sub-Divisional Magistrate, in the case of a Vigilance Committee constituted for the Sub-Division. (5) No proceeding of a Vigilance Committee shall be invalid merely by reason of any defect in the constitution, or in the proceedings, of the Vigilance Committee. **14. Functions of Vigilance Committees.—(1) The functions of each Vigilance Committee shall** be,— (a) to advise the District Magistrate or any officer authorised by him as to the efforts made, and action taken, to ensure that the provisions of this Act or of any rule made thereunder are properly implemented; (b) to provide for the economic and social rehabilitation of the freed bonded labourers; (c) to co-ordinate the functions of rural banks and co-operative societies with a view to canalising adequate credit to the freed bonded labourer; (d) to keep an eye on the number of offences of which cognizance has been taken under this Act; ----- (e) to make a survey as to whether there is any offence of which cognizance ought to be taken under this Act; (f) to defend any suit instituted against a freed bonded labourer or a member of his family or any other person dependant on him for the recovery of the whole or part of any bonded debt or any other debt which is claimed by such person to be bonded debt. (2) A Vigilance Committee may authorise one of its members to defend a suit against a freed bonded labourer and the member so authorised shall be deemed, for the purpose of such suit, to be the authorised agent of the freed bonded labourer. **15. Burden of proof.—Whenever any debt is claimed by a bonded labourer, or a Vigilance** Committee, to be a bonded debt, the burden of proof that such debt is not a bonded debt shall lie on the creditor. CHAPTER VI OFFENCES AND PROCEDURE FOR TRIAL **16. Punishment for enforcement of bonded labour.—Whoever, after the commencement of this** Act, compels any person to render any bonded labour shall be punishable with imprisonment for a term which may extend to three years and also with fine which may extend to two thousand rupees. **17. Punishment for advancement of bonded debt.—Whoever advances, after the commencement** of this Act, any bonded debt shall be punishable with imprisonment for a term which may extend to three years and also with fine which may extend to two thousand rupees. **18. Punishment for extracting bonded labour under the bonded labour system.—Whoever** enforces, after the commencement of this Act, any custom, tradition, contract, agreement or other instrument, by virtue of which any person or any member of the family of such person or any dependant of such person is required to render any service under the bonded labour system, shall be punishable with imprisonment for a term which may extend to three years and also with fine which may extend to two thousand rupees; and, out of the fine, if recovered, payment shall be made to the bonded labourer at the rate of rupees five for each day for which the bonded labour was extracted from him. **19. Punishment for omission or failure to restore possession of property to bonded** **labourers.—Whoever, being required by this Act to restore any property to the possession of any bonded** labourer, omits or fails to do so, within a period of thirty days from the commencement of this Act, 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; and, out of the fine, if recovered, payment shall be made to the bonded labourer at the rate of rupees five for each day during which possession of the property was not restored to him. **20. Abetment to be an offence.—Whoever abets any offence punishable under this Act shall,** whether or not the offence abetted is committed, be punishable with the same punishment as is provided for the offence which has been abetted. _Explanation,—For the purpose of this Act, “abetment” has the meaning assigned to it in the Indian_ Penal Code (45 of 1860). **21. Offences to be tried by Executive Magistrates.—(1) The State Government may confer, on** an Executive Magistrate, the powers of a Judicial Magistrate of the first class or of the second class for the trial of offences under this Act; and, on such conferment of powers, the Executive Magistate, on whom the powers are so conferred, shall be deemed, for the purposes of the Code of Criminal Procedure, 1973 (2 of 1974), to be a Judicial Magistrate of the first class, or of the second class, as the case may be. (2) An offence under this Act may be tried summarily by a Magistrate. **22. Cognizance of offences.—Every offence under this Act shall be cognizable and bailable.** ----- **23. Offences by companies.—(1) Where an offence under this Act has been committed by a** company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall 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. CHAPTER VII MISCELLANEOUS **24. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall** lie against any State Government or any officer of the State Government or any member of the Vigilance Committee for anything which is in good faith done or intended to be done under this Act. **25. Jurisdiction of civil courts barred.—No civil court shall have jurisdiction in respect of any** matter to which any provision of this Act applies and no injunction shall be granted by any civil court in respect of anything which is done or intended to be done by or under this Act. **26. 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 foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the authority to which application for the restoration of possession of property referred to in sub-section (4), or sub-section (5), of section 6 is to be submitted in pursuance of sub-section (6) of that section; (b) the time within which application for restoration of possession of property is to be made, under sub-section (6) of section 6, to the prescribed authority; (c) steps to be taken by Vigilance Committees under clause (a) of sub-section (1) of section 14, to ensure the implementation of the provisions of this Act or of any rule made thereunder; (d) any other matter which is required to be, or may be, prescribed. (3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or successive sessions aforesaid, both Houses agree in making any modification in the rule 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. Repeal and saving.—(1) The Bonded Labour System (Abolition) Ordinance, 1975 (17 of 1975)** is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the Ordinance (including any notification published, direction or nomination made, power conferred, duty imposed or officer specified) shall be deemed to have been done or taken under the corresponding provisions of this Act. -----

11-Feb-1976

25

The Equal Remuneration Act, 1976

https://www.indiacode.nic.in/bitstream/123456789/1494/1/AAA1976____25.pdf

central

# THE EQUAL REMUNERATION ACT, 1976 ___________ ARRANGEMENT OF SECTIONS ___________ CHAPTER I # PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. 3. Act to have overriding effect. CHAPTER II PAYMENT OF REMUNERATION AT EQUAL RATES TO MEN AND WOMEN WORKERS AND OTHER MATTERS 4. Duty of employer to pay equal remuneration to men and women workers for same work or work of a similar nature. 5. No discrimination to be made while recruiting men and women workers. 6. Advisory Committee. 7. Power of appropriate Government to appoint authorities for hearing and deciding claims and complaints. CHAPTER III MISCELLANEOUS 8. Duty of employers to maintain registers. 9. Inspectors. 10. Penalties. 11. Offences by companies. 12. Cognizance and trial of offences. 13. Power to make rules. 14. Power of Central Government to give directions. 15. Act not to apply in certain special cases. 16. Power to make declaration. 17. Power to remove difficulties. 18. Repeal and saving. 1 ----- # THE EQUAL REMUNERATION ACT, 1976 ACT NO. 25 OF 1976 [11th February, 1976.] # An Act to provide for the payment of equal remuneration to men and women workers and for the prevention of discrimination, on the ground of sex, against women in the matter of employment and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Twenty-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 Equal Remuneration** Act, 1976. (2) It extends to the whole of India. (3) It shall come into force on such date[1], not being later than three years from the passing of this Act, as the Central Government may, by notification, appoint and different dates may be appointed for different establishments or employments. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “appropriate Government” means,— (i) in relation to any employment carried on by or under the authority of the Central Government or a railway administration, or in relation to a banking company, a mine, oilfield or major port or any corporation established by or under a Central Act, the Central Government, and (ii) in relation to any other employment, the State Government; (b) “commencement of this Act” means, in relation to an establishment or employment, the date on which this Act comes into force in respect of that establishment or employment; (c) “employer” has the meaning assigned to it in clause (f) of section 2 of the Payment of Gratuity Act, 1972 (39 of 1972); (d) “man” and “woman” mean male and female human beings, respectively, of any age; (e) “notification” means a notification published in the Official Gazette; (f) “prescribed” means prescribed by rules made under this Act; (g) “remuneration” means the basic wage or salary, and any additional emoluments whatsoever payable, either in cash or in kind, to a person employed in respect of employment or work done in such employment, if the terms of the contract of employment, express or implied, were fulfilled; (h) “same work or work of a similar nature” means work in respect of which the skill, effort and responsibility required are the same, when performed under similar working conditions, by a man or a woman and the differences, if any, between the skill, effort and responsibility required of a man and those required of a woman are not of practical importance in relation to the terms and conditions of employment; (i) “worker” means a worker in any establishment or employment in respect of which this Act has come into force; (j) words and expressions used in this Act and not defined but defined in the Industrial Disputes Act, 1947 (14 of 1947), shall have the meanings respectively assigned to them in that Act. 1. 8th March, 1976, _vide_ notification No. S.O. 175(E), dated 6th March, 1976, _see Gazette of India, Extraordinary, Part II,_ sec. 3(ii). 2 ----- **3. Act to have overriding effect.—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, or in any instrument having effect under any law for the time being in force. CHAPTER II PAYMENT OF REMUNERATION AT EQUAL RATES TO MEN AND WOMEN WORKERS AND OTHER MATTERS **4. Duty of employer to pay equal remuneration to men and women workers for same work or** **work of a similar nature.—(1) No employer shall pay to any worker, employed by him in an** establishment or employment, remuneration, whether payable in cash or in kind, at rates less favourable than those at which remuneration is paid by him to the workers of the opposite sex in such establishment or employment for performing the same work or work of a similar nature. (2) No employer shall, for the purpose of complying with the provisions of sub-section (1), reduce the rate of remuneration of any worker. (3) Where, in an establishment or employment, the rates of remuneration payable before the commencement of this Act for men and women workers for the same work or work of a similar nature are different only on the ground of sex, then the higher (in cases where there are only two rates), or, as the case may be, the highest (in cases where there are more than two rates), of such rates shall be the rate at which remuneration shall be payable, on and from such commencement, to such men and women workers: Provided that nothing in this sub-section shall be deemed to entitle a worker to the revision of the rate of remuneration payable to him or her with reference to the service rendered by him or her before the commencement of this Act. **5. No discrimination to be made while recruiting men and women workers.—On and from the** commencement of this Act, no employer shall, while making recruitment for the same work or work of a similar nature, [1][or in any condition of service subsequent to recruitment such as promotions, training or transfer,] make any discrimination against women except where the employment of women in such work is prohibited or restricted by or under any law for the time being in force: Provided that the provisions of this section shall not affect any priority or reservation for Scheduled Castes or Scheduled Tribes, ex-servicemen, retrenched employees or any other class or category of persons in the matter of recruitment to the posts in an establishment or employment. **6. Advisory Committee.—(1) For the purpose of providing increasing employment opportunities for** women, the appropriate Government shall constitute one or more Advisory Committees to advise it with regard to the extent to which women may be employed in such establishments or employments as the Central Government may, by notification, specify in this behalf. (2) Every Advisory Committee shall consist of not less than ten persons, to be nominated by the appropriate Government, of which one-half shall be women. (3) In tendering its advice, the Advisory Committee shall have regard to the number of women employed in the concerned establishment or employment, the nature of work, hours of work, suitability of women for employment, as the case may be, the need for providing increasing employment opportunities for women, including part-time employment, and such other relevant factors as the Committee may think fit. (4) The Advisory Committee shall regulate its own procedure. (5) The appropriate Government may, after considering the advice tendered to it by the Advisory Committee and after giving to the persons concerned in the establishment or employment an opportunity to make representations, issue such directions in respect of employment of women workers, as the appropriate Government may think fit. 1. Ins. by Act 49 of 1987, s. 2 (w.e.f. 16-12-1987). 3 ----- **7. Power of appropriate Government to appoint authorities for hearing and deciding claims and** **complaints.—(1) The appropriate Government may, by notification, appoint such officers, not below the** rank of a Labour Officer, as it thinks fit to be the authorities for the purpose of hearing and deciding— (a) complaints with regard to the contravention of any provision of this Act; (b) claims arising out of non-payment of wages at equal rates to men and women workers for the same work or work of a similar nature; and may, by the same or subsequent notification, define the local limits within which each such authority shall exercise its jurisdiction. (2) Every complaint or claim referred to in sub-section (1) shall be made in such manner as may be prescribed. (3) If any question arises as to whether two or more works are of the same nature or of a similar nature, it shall be decided by the authority appointed under sub-section (1). (4) Where a complaint or claim is made to the authority appointed under sub-section (1), it may, after giving the applicant and the employer an opportunity of being heard, and after such inquiry as it may consider necessary, direct,— (i) in the case of a claim arising out of non-payment of wages at equal rates to men and women workers for the same work or work of a similar nature, that payment be made to the worker of the amount by which the wages payable to him exceed the amount actually paid; (ii) in the case of complaint, that adequate steps be taken by the employer so as to ensure that there is no contravention of any provision of this Act. (5) Every authority appointed under sub-section (1) 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 and of enforcing the attendance of witnesses and compelling the production of documents, and every such authority 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). (6) Any employer or worker aggrieved by any order made by an authority appointed under sub-section (1), on a complaint or claim may, within thirty days from the date of the order, prefer an appeal to such authority as the appropriate Government may, by notification, specify in this behalf, and that authority may, after hearing the appeal, confirm, modify or reverse the order appealed against and no further appeal shall lie against the order made by such authority. (7) The authority referred to in sub-section (6) may, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within the period specified in sub-section (6), allow the appeal to be preferred within a further period of thirty days but not thereafter. (8) The provisions of sub-section (1) of section 33C of the Industrial Disputes Act, 1947 (14 of 1947), shall apply for the recovery of monies due from an employer arising out of the decision of an authority appointed under this section. CHAPTER III MISCELLANEOUS **8. Duty of employers to maintain registers.—On and from the commencement of this Act, every** employer shall maintain such registers and other documents in relation to the workers employed by him as may be prescribed. **9. Inspectors.—(1) The appropriate Government may, by notification, appoint such persons as it may** think fit to be Inspectors for the purpose of making an investigation as to whether the provisions of this Act, or the rules made thereunder, are being complied with by employers, and may define the local limits within which an Inspector may make such investigation. 4 ----- (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). (3) An Inspector may, at any place within the local limits of his jurisdiction,— (a) enter, at any reasonable time, with such assistance as he thinks fit, any building, factory, premises or vessel; (b) require any employer to produce any register, muster-roll or other documents relating to the employment of workers, and examine such documents; (c) take, on the spot or otherwise, the evidence of any person for the purpose of ascertaining whether the provisions of this Act are being, or have been, complied with; (d) examine the employer, his agent or servant or any other person found in charge of the establishment or any premises connected therewith or any person whom the Inspector has reasonable cause to believe to be, or to have been a worker in the establishment; (e) make copies, or take extracts from, any register or other document maintained in relation to the establishment under this Act. (4) Any person required by an Inspector to produce any register or other document or to give any information shall comply with such requisition. **10. Penalties.—(1) If after the commencement of this Act, any employer, being required by or under** the Act, so to do— (a) omits or fails to maintain any register or other document in relation to workers employed by him, or (b) omits or fails to produce any register, muster-roll or other document relating to the employment of workers, or (c) omits or refuses to give any evidence or prevents his agent, servant, or any other person in charge of the establishment, or any worker, from giving evidence, or (d) omits or refuses to give any information, he shall be punishable [1][with simple imprisonment for a term which may extend to one month or with fine which may extend to ten thousand rupees or with both]. (2) If, after the commencement of this Act, any employer— (a) makes any recruitment in contravention of the provisions of this Act, or (b) makes any payment of remuneration at unequal rates to men and women workers, for the same work or work of a similar nature, or (c) makes any discrimination between men and women workers in contravention of the provisions of this Act, or (d) omits or fails to carry out any direction made by the appropriate Government under sub-section (5) of section 6, he shall be punishable [2][with fine which shall not be less than ten thousand rupees but which may extend to twenty thousand rupees or with imprisonment for a term which shall be not less than three months but which may extend to one year or with both for the first offence, and with imprisonment which may extend to two years for the second and subsequent offences]. (3) If any person being required so to do, omits or refuses to produce to an Inspector any register or other document or to give any information, he shall be punishable with fine which may extend to five hundred rupees. 1. Subs. by Act 49 of 1987, s. 3, for “with fine which may extend to one thousand rupees” (w.e.f. 16-12-1987). 2. Subs. by s. 3, ibid., for “with fine which may extend to five thousand rupees” (w.e.f. 16-12-1987). 5 ----- **11. Offences by companies.—(1) Where an offence under this Act has been committed by a** company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be 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. **STATE AMENDMENT** **Uttar Pradesh** **Insertion of section 11-A of Act No. 25 of 1976.—After section 11 of the Equal Remuneration Act,** 1976 the following section shall be inserted, namely: **11A. Composition of offences.—(1) Any offence punishable under this Act with fine only or with** imprisonment up to one month or with both shall be compounded on the application of accused before or after institution of persecution by a competent authority notified by the State Government, after imposing 50% of the fine for the offence as compounding fee along with the prescribed fine; Provided that remedy for compounding shall be available for the first offence only. (2) Every officer referred to in sub-section (1) shall exercise the power to compound an offence, subject to direction, control and supervision of the State Government. (3) Every application for the compounding of an offence shall be made in such form and in such manner as may be prescribed. (4) Where any offence is compounded before the institution of any prosecution, no prosecution shall be instituted in relation to such offence, against the offender in relation to whom the offence is so compounded. (5) Where the composition of any offence is made after the institution of any prosecution, such composition shall be brought by the officer referred to in sub-section (1) in writing to the notice of the court in which prosecution is pending and on such notice of the composition of the offence being given, the person against whom the offence is so compounded shall be discharged.” [Vide Uttar Pradesh Act 17 of 2018, s. 2] 1[12. Cognizance and trial of offences.—(1) 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. (2) No court shall take cognizance of an offence punishable under this Act except upon— (a) its own knowledge or upon a complaint made by the appropriate Government or an officer authorised by it in this behalf, or 1. Subs. by Act 49 of 1987, s. 4, for section 12 (w.e.f. 16-12-1987). 6 ----- (b) a complaint made by the person aggrieved by the offence or by any recognised welfare institution or organisation. _Explanation.—For the purposes of this sub-section “recognised welfare institution or organisation”_ means a social welfare institution or organisation recognised in this behalf by the Central or State Government.] **13. Power to make rules.—(1) The Central Government may, by notification, make rules for** carrying out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the manner in which complaint or claim referred to in sub-section (1) of section 7 shall be made; (b) registers and other documents which an employer is required under section 8 to maintain in relation to the workers employed by him; (c) any other matter which is required to be, or may be, prescribed. (3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of 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. **14. Power of Central Government to give directions.—The Central Government may give** directions to a State Government as to the carrying into execution of this Act in the State. 1[15. Act not to apply in certain special cases.—Nothing in this Act shall apply— (a) to cases affecting the terms and conditions of a woman’s employment in complying with the requirements of any law giving special treatment to women, or (b) to any special treatment accorded to women in connection with— (i) the birth or expected birth of a child, or (ii) the terms and conditions relating to retirement, marriage or death or to any provision made in connection with the retirement, marriage or death.] **16. Power to make declaration.—Where the appropriate Government is, on a consideration of all** the circumstances of the case, satisfied that the differences in regard to the remuneration, or a particular species of remuneration, of men and women workers in any establishment or employment is based on a factor other than sex, it may, by notification, make a declaration to that effect, and any act of the employer attributable to such a difference shall not be deemed to be a contravention of any provision of this Act. **17. Power to remove difficulties.—If any difficulty arises in giving effect to the provisions of this** Act, the Central Government may, by notification, make any order, not inconsistent with the provisions of this Act, which appears to it to be necessary for the purpose of removing the difficulty: Provided that every such order shall, as soon as may be after it is made, be laid before each House of Parliament. **18. Repeal and saving.—(1) The Equal Remuneration Ordinance, 1975 (12 of 1975) is hereby** repealed. 1. Subs. by Act 49 of 1987, s. 5, for section 15 (w.e.f. 16-12-1987). 7 ----- (2) Notwithstanding such repeal, anything done or any action taken under the Ordinance so repealed (including any notification, nomination, appointment, order or direction made thereunder) shall be deemed to have been done or taken under the corresponding provisions of this Act as if this Act were in force when such thing was done or action was taken. 8 -----

16-Feb-1976

31

The Levy Sugar Price Equalisation Fund Act, 1976

https://www.indiacode.nic.in/bitstream/123456789/1495/1/a1976-31.pdf

central

# THE LEVY SUGAR PRICE EQUALISATION FUND ACT, 1976 ____________ ARRANGEMENT OF SECTIONS _________ SECTIONS 1. Short title, extent and commencement. 2. Definitions. 3. Levy Sugar Price Equalisation Fund. 4. Determination of questions as to making of excess realisations. 5. Discharge of persons of liability in respect of amounts credited to the Fund. 6. Right of buyer to claim refund. 7. Excess realisation not to be paid to any producer of sugar. 8. Fund to vest in the Central Government. 9. Power to require producers to maintain accounts, etc. 10. Power of entry, search and seizure. 11. Power of Central Government to recover excess realisations as arrears of land revenue. 12. Dissolution of the Fund. 13. Penalties. 14. Removal of difficulties. 15. Protection of action taken in good faith. 16. Power to make rules. 1 ----- # THE LEVY SUGAR PRICE EQUALISATION FUND ACT, 1976 ACT NO. 31 OF 1976 [16th February, 1976.] # An Act to provide for the establishment, in the interest of the general public, of a fund to ensure that the price of levy sugar may be uniform throughout India and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Twenty-seventh Year of the Republic of India as follows:— **1.** **Short title, extent and commencement.—(1) This Act may be called the Levy Sugar Price** Equalisation Fund Act, 1976. _(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, unless the context otherwise requires,—** _(a)_ “controlled price” means the price of the relevant grade of levy sugar, determined from time to time under sub-section (3C) of section 3 of the Essential Commodities Act, 1955 (10 of 1955), or under the Defence and Internal Security of India Rules, 1971, in relation to any year of production; _(b)_ “excess realisation”, in relation to each grade of levy sugar,— _(i)_ means the price realised by any producer, on the sale of levy sugar of such grade, in excess of— _(a)_ the controlled price, or _(b)_ where any fair price has been fixed by a court for levy sugar of such grade, such fair price, and _(ii)_ includes any realisation representing the difference between the controlled price and the price allowed by the court by an interim order, if such interim order is set aside, whether by the court which made the order or in appeal or revision; 2[Explanation.—For the removal of doubts, it is hereby declared that where in relation to levy sugar of any grade sold by any producer, the producer has realised towards duties of excise with respect to such sugar any amount in excess of the amount payable by way of such duties, such excess shall also be deemed to be excess realisation within the meaning of this clause]; _(c)_ “fair price”, in relation to levy sugar, means the price fixed by the court in excess of the controlled price, and, where an interim price, fixed by the court, is superseded by a price which is finally fixed by the court, the price so finally fixed; _(d)_ “Fund” means the Levy Sugar Price Equalisation Fund, established under section 3; 3[(e) “levy sugar” means the sugar requisitioned by the Central Government under clause (f) of sub-section (2) of section 3 of the Essential Commodities Act, 1955 (10 of 1955);] _(f)_ “prescribed” means prescribed by rules made under this Act; _(g)_ “producer” means a person carrying on the business of manufacturing sugar by the vacuum pan process. 1. 1st April, 1976, vide notification No. G.S.R. 251(E), dated 25th March, 1976, see Gazette of India, Extraordinary, Part II, sec. 3(i). 2. The Explanation ins. by Act 54 of 1984, s. 2 (w.e.f. 23-8-1984). 3. Subs. by s. 2, ibid., for clause (e) (w.e.f. 23-8-1984). *. 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 ----- **3. Levy Sugar Price Equalisation Fund.—(1) There shall be established a Fund, to be called the** Levy Sugar Price Equalisation Fund. _(2)_ Save as otherwise [1][provided in sub-section (5)], there shall be credited to the Fund, in such manner as may be prescribed,— _(a)_ the amounts representing all excess realisations made by the producers, irrespective of whether such excess realisations were made before or after the commencement of this Act; _(b)_ the amounts representing any loans which may be advanced, or grants which may be made, by the Central Government for carrying out the objects of the Fund. _(3)_ Save as otherwise [1][provided in sub-section (5)], every producer shall,— _(a)_ in the case of an excess realisation made before the commencement of this Act, within thirty days from such commencement, _(b)_ in the case of an excess realisation made after such commencement, within thirty days from the date on which such excess realisation was made, credit to the Fund, the amount representing such excess realisations, together with interest due thereon at the rate of twelve and a half per cent. per annum, from the date on which such amount was realised by him: 2[Provided that— _(a)_ the interest due on so much of any amount of any excess realisation made before the date of commencement of Levy Sugar Price Equalisation Fund (Amendment) Act, 1984 (54 of 1984), as is not credited to the Fund together with interest at the aforesaid rate of twelve and a half per cent. per annum before the expiry of sixty days from the date of such commencement; and _(b)_ the interest due on so much of the amount of any excess realisation made on or after the date of such commencement as is not credited to the Fund together with interest at the aforesaid rate of twelve and a half per cent. per annum within sixty days from the date on which such amount was realised, shall be at the rate of fifteen per cent. per annum from the date on which such amount was realised by the producer.] 3* - - - _(5)_ Where, in pursuance of an [4][interim order made by any court, whether before or after the commencement of this Act] any amount representing the difference between the controlled price and the interim price allowed by the court is,— _(a)_ held by any producer either with himself or with any other person or with any court, Government, bank or other authority, or _(b)_ collected and kept by the producer under the cover of any guarantee, such producer shall, on the final disposal of the proceedings of the court aforesaid, [5][credit to the Fund, within sixty days from the date of such final disposal, such amount, to the extent it represents any excess realisation together with interest due thereon at the rate of twelve and a half per cent. per annum from the date on which such amount was realised by him: Provided that— _(i)_ the interest due on so much of such amount as was realised before the date of commencement of the Levy Sugar Price Equalisation Fund (Amendment) Act, 1984 (54 of 1984) and is not credited 1. Subs. by Act 54 of 1984, s. 3, for “provided in sub-section (4)” (w.e.f. 23-8-1984). 2. The proviso ins. by s. 3, ibid. (w.e.f. 23-8-1984). 3. Sub-section (4) omitted by s. 3, ibid. (w.e.f. 23-8-1984). 4. Subs. by s. 3, ibid., for “interim order referred to in sub-section (4)” (w.e.f. 23-8-1984). 5. Subs. by s. 3, ibid., for certain words (w.e.f. 23-8-1984). 3 ----- to the Fund together with interest at the aforesaid rate of twelve and a half per cent. per annum before the expiry of sixty days from the date of such commencement, and _(ii)_ the interest due on so much of such amount as is realised after such commencement and not credited to the Fund together with interest at the aforesaid rate of twelve and a half per cent. per annum within sixty days from the date on which such amount was realised, shall be at the rate of fifteen per cent. per annum from the date on which such amount was realised by the producer] 1[(5A) Notwithstanding anything contained in sub-section (5), the interest payable on the amount of any excess realisation required to be credited to the Fund under that sub-section in respect of any period during which such amount was by reason of any order of any court held by the producer with any other person or with any court, Government, bank or other authority referred to in clause (a) of that subsection, shall be the interest which actually accrued on such amount in respect of such period.] 1[(5B) Without prejudice to the provisions of sub-section (5), any amount representing the difference between the controlled price and the interim price allowed by the court which— _(a)_ is held by any producer with any other person or with any court, Government, bank or other authority referred to in clause (a) of that sub-section, or _(b)_ is under the cover of any guarantee referred to in clause (b) of that sub-section, shall, as soon as may be after the final disposal of the proceedings of the Court aforesaid, be credited, to the extent such amount represents excess realisation together with the interest, if any, which has accrued thereon or been guaranteed in respect thereof, to the Fund by such other person, the court, Government, bank or other authority aforesaid or, as the case may be, by the bank or other person furnishing such guarantee and the amount so credited shall be set off against the amount (including interest) required to be credited by the producer under sub-section (5). (5C) The provisions of sub-section (5B) shall apply in relation to every amount representing the difference between the controlled price and the interim price allowed by the court which, immediately before the commencement of the Levy Sugar Price Equalisation Fund (Amendment) Act, 1984 (54 of 1984)— _(a)_ is held by any producer with any other person or with any court, Government, bank or other authority mentioned in clause (a) of that sub-section, or _(b)_ is under the cover of any guarantee mentioned in clause (b) of that sub-section, notwithstanding that the final disposal of the proceedings of the court aforesaid took place before such commencement and for this purpose the reference in that sub-section to “final disposal of the proceedings of the court” shall be construed as a reference to such commencement. (5D) Where any amount is credited to the Fund under sub-section (5B), such crediting shall,— _(a)_ in a case falling under clause (a) of that sub-section, operate as the discharge of the liability in relation to such amount of the person, court, Government, bank or other authority so crediting the amount; _(b)_ in a case falling under clause (b) of that sub-section, have effect as if it had been made in accordance with the guarantee given by the bank or other person crediting the amount and for this purpose such guarantee shall be deemed to have provided for such crediting.] _(6)_ For the removal of doubts, it is hereby declared that the obligation to credit amounts representing excess realisations to the Fund shall be in addition to any penalty which may be imposed for the contravention of any provision of this Act. _(7)_ The Fund shall be administered, subject to the provisions of section 8, by the Central Government. 1. Ins. by Act 54 of 1984, s. 3 (w.e.f. 23-8-1984). 4 ----- **4.** **Determination of questions as to making of excess realisations.—If any question arises as to** whether any producer has realised, on the sale of levy sugar, any amount in excess of the controlled price, or, as the case may be, the fair price, it shall be decided by the Central Government after giving an opportunity to such producer of being heard and after making such inquiry as that Government may deem fit. **5.** **Discharge of persons of liability in respect of amounts credited to the Fund.—Where any** amount is credited to the Fund under section 3, [1][the producer concerned] shall, upon such crediting, be discharged from the liability to make repayment of such amounts to the persons entitled thereto and such discharge from liability to make repayment shall be without any prejudice to any penalty which may be imposed on such producer for each excess realisation made by him. **6.** **Right of buyer to claim refund.—(1) Where any amount is credited to the Fund, a refund shall be** made from the Fund to the buyer of levy sugar from whom any excess realisation was made by the producer or dealer: Provided that no buyer shall be entitled to claim a refund under this sub-section if he,— _(a)_ being a wholesale dealer, had passed on the incidence of such excess over the controlled or fair price of levy sugar to the retail dealer by whom the price of such sugar was paid, or _(b)_ being a retail dealer, had passed on the incidence of such excess over the controlled or fair price of levy sugar to the consumer by whom the price of such sugar was paid, 2[or] 2[(c) being a person who is not a wholesale dealer or a retail dealer had passed on the incidence of such excess over the controlled or fair price of levy sugar to any other person as part of the price of any product in the manufacture of which such sugar has been used or, as the case may be, to the consumer by whom the price of such sugar was paid.] _(2)_ Every application for refund under sub-section (1) shall be made to the Central Government within six months from the date on which the excess realisation, in relation to which such refund is claimed, is credited to the Fund, and every such application shall be in such form as may be prescribed and shall be accompanied by such documentary or other evidence as the applicant may furnish to establish that the excess realisation, in relation to which such refund is claimed, was made from him. _(3)_ The Central Government shall, if satisfied, on a scrutiny of the claim made under sub-section (1), that an excess realisation was made from the claimant, direct that refund be made from the Fund to the claimant to the extent of the [3][excess realisation made from him together with interest (if any) thereon credited to the Fund]: Provided that if the amount standing to the credit of the Fund is not sufficient to enable the Central Government to make the refund, such refund shall be made from the Central revenues. **7.** **Excess realisation not to be paid to any producer of sugar.—Notwithstanding anything to the** contrary contained in any other law for the time being in force or in any contract, no amount, representing excess realisations made by a producer or excess realisations made by a producer under the cover of any guarantee given by any person shall be paid to any producer. **8.** **Fund to vest in the Central Government.—(1) Any money paid into the Fund, which remains** unclaimed after the expiry of the period of six months from the date on which it is credited to the Fund, shall vest in the Central Government and such amount shall be utilised by that Government in such manner as may be prescribed having regard to the interests of the consumers of levy sugar as a class and the need to ensure that the retail price of levy sugar throughout India is uniform: Provided that, notwithstanding the vesting of such money in the Central Government, a claim for the refund of money standing to the credit of the Fund may be made [in the manner specified in sub-section (2) of section 6] at any time by a buyer who is lawfully entitled to make such claim, and every such claim, if admitted, shall be dealt with as if the money relatable to such claim had not vested in the Central 1. Subs. by Act 54 of 1984, s. 4, for “the producer by whom such amount is credited” (w.e.f. 23-8-1984). 2. Ins. by s. 5, ibid. (w.e.f. 23-8-1984). 3. Subs. by s. 5, ibid., for “excess realisation made from him” (w.e.f. 23-8-1984). 5 ----- Government. _(2)_ The Central Government shall not grant any loan or give any financial assistance from the Fund except for the purposes of this Act. _(3)_ The Central Government shall maintain, or if it thinks fit specify the authority which shall maintain, proper and separate account and other relevant records in relation to the Fund in such form as may be prescribed in consultation with the Comptroller and Auditor General of India. **9.** **Power to require producers to maintain accounts, etc.—The Central Government may, if it is** satisfied that it is expedient or necessary so to do for carrying out the provisions of this Act, by an order, direct any producer to maintain such books of account and other records in relation to levy sugar as it may think fit and to produce such books of account and other records for inspection and may also direct such producer to furnish such information relating to levy sugar as may be specified in the order. **10.** **Power of entry, search and seizure.—(1) Any authority specified by the Central Government in** this behalf may, if it is satisfied that any provision of this Act has been, or is being, or is about to be, contravened, authorise any person to enter and search any premises where any accounts, books, registers and other documents relating to levy sugar and belonging to, or under the control of, a producer or his agent, are maintained or kept for safe custody. _(2)_ The person so authorised may seize any such accounts, books, registers or other documents if he has any reason to believe that a contravention of this Act has been, or is being, or is about to be, committed: Provided that the accounts, books, registers or other documents seized under this section shall not be retained in custody of the Central Government for a period exceeding ninety days: Provided further that where such accounts, books, registers and other documents are required for the purposes of any prosecution, they may be retained in the custody of the Central Government for a further period, not exceeding ninety days, for the purposes of such prosecution. _(3)_ The provisions of the Code of Criminal Procedure, 1973 (2 of 1974), relating to searches and seizures, shall, so far as may be, apply to searches and seizures made under this Act. **11.** **Power of Central Government to recover excess realisations as arrears of land revenue.—If** any producer makes any default in crediting to the Fund [1][any excess realisation made by him, or any interest due on such excess realisation or any part of such excess realisation or interest, such excess realisation or such interest or such part], as the case may be, shall be recoverable by the Central Government from such producer as an arrear of land revenue. **12.** **Dissolution of the Fund.—The Central Government may, by notification in the Official Gazette,** declare that, with effect from such date as may be specified in the notification, the Fund shall cease to exist and thereupon all the amounts lying to the credit of the Fund shall be credited to the Central revenues and refund, if any, made, by the Central Government, after such cesser, to any buyer of levy sugar shall be treated as an order for the refund of revenue. **13.** **Penalties.—(1) If any producer—** _(a)_ makes any default in crediting to the Fund any excess realisations made by him or any part thereof [2][any excess realisation made by him or any interest due on such excess realisation or any part of such excess realisation or interest], or _(b)_ having been required by the Central Government so to do, omits or fails to— _(i)_ maintain any books, accounts or other records in relation to levy sugar, or _(ii)_ produce any books, accounts or other records for inspection, or 1. Subs. by Act 54 of 1984, s. 6, for “any excess realisations made by him or any part thereof, such excess realisations or such part” (w.e.f. 23-8-1984). 2. Ins. by s. 7, ibid. (w.e.f. 23-8-1984). 6 ----- _(iii)_ furnish any information or furnishes any information which is incorrect or false in material particulars, he shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to five thousand rupees, or with both. (2) No court shall take cognizance of any offence punishable under this Act except on the complaint in writing made by the Central Government or by any officer or authority authorized, in writing, by that Government in this behalf. **14.** **Removal of difficulties.—If any difficulty arises in giving effect to any provision of this Act, the** Central Government may make such order, not inconsistent with the provisions of this Act, as may appear to it to be necessary to remove the difficulty. **15.** **Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall** lie against the Central Government or any person authorised by the Central Government for anything which is in good faith done or intended to be done under this Act or any rule or order made thereunder. **16.** **Power to make rules.—(1) The Central Government may make rules for carrying out the** provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— _(a)_ the manner in which amounts shall be credited to the Fund under section 3; _(b)_ the form in which an application for refund, referred to in section 6, shall be made; _(c)_ the manner in which amounts standing to the credit of the Fund shall be utilised, as required by section 8; _(d)_ the form in which the account and the relevant records, referred to in sub-section (3) of section 8, shall be maintained; _(e)_ any other matter in relation to which such rules are required to be, or may be, made. (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 -----

8-Apr-1976

59

The Departmentalisation of Union Accounts (Transfer of Personnel) Act, 1976

https://www.indiacode.nic.in/bitstream/123456789/1483/3/A1976-59.pdf

central

# THE DEPARTMENTALISATION OF UNION ACCOUNTS (TRANSFER OF PERSONNEL) ACT, 1976 _________ ARRANGEMENT OF SECTIONS __________ SECTIONS 1. Short title and commencement. 2. Transfer of officers and employees of the Indian Audit and Accounts Department. 3. Repeal and saving. 1 ----- # THE DEPARTMENTALISATION OF UNION ACCOUNTS (TRANSFER OF PERSONNEL) ACT, 1976 ACT NO. 59 OF 1976 [8th April, 1976.] # An Act to provide for the transfer of officers serving in the Indian Audit and Accounts Department to any Ministry, Department or office of the Central Government for facilitating the efficient discharge by such Ministry, Department or office of the responsibility in connection with compiling the accounts thereof. BE it enacted by Parliament in the Twenty-seventh Year of the Republic of India as follows:— **1. Short title and commencement.—(1) This Act may be called the Departmentalisation of Union** Accounts (Transfer of Personnel) Act, 1976. (2) It shall be deemed to have come into force on the 1st day of March, 1976. **2. Transfer of officers and employees of the Indian Audit and Accounts Department.—(1)** Where the President has by order under the first proviso to sub-section (1) of section 10 of the Comptroller and Auditor-General’s (Duties, Powers and Conditions of Service) Act, 1971 (56 of 1971), provided for relieving, with effect from any date (hereinafter referred to as the prescribed date), the Comptroller and Auditor-General from the responsibility for compiling any accounts of the Union or of any services or departments of the Union as may be specified in such order, then, subject to the provisions of this Act, it shall be lawful for the Central Government, on the advice of a Committee established under sub-section (2), to transfer, by order and with effect from such date or dates (which may be either retrospective to any date not earlier than the prescribed date or prospective) as may be specified in the order, to any Ministry or Department of the Central Government or any of its attached or subordinate offices, any of the officers or employees serving in the Indian Audit and Accounts Department, for the purpose of facilitating the efficient discharge by such Ministry, Department or office of the responsibility of compiling such accounts: Provided that no order under this sub-section shall be made in relation to any such officer or employee serving in the Indian Audit and Accounts Department who has, in respect of the proposal made on the advice of the Committee to transfer such officer or employee under this sub-section, intimated, within such time as may be specified in this behalf his unwillingness to be so transferred, unless the Central Government is of opinion that it is necessary in the public interest to transfer such officer or employee as aforesaid: Provided further that nothing in this sub-section shall affect the right of any such officer or employee to resign or retire from service in accordance with the rules applicable to him in the Indian Audit and Accounts Department. (2) The Central Government may, by order, establish one or more Advisory Committees consisting of such number of members as it thinks fit for the purpose of assisting it in regard to the transfer of officers and employees under sub-section (1). (3) An officer or other employee transferred to any Ministry, Department or office of the Central Government by an order made under sub-section (1) shall, on and from the date of transfer, cease to be an officer or employee in the Indian Audit and Accounts Department and shall, subject to the provisions of sub-section (4) and of any law or rules made under Chapter I of Part XIV of the Constitution, hold office in such Ministry, Department or office with such designation as the Central Government may specify. (4) Every officer or employee transferred under sub-section (1) shall be entitled to be appointed to a post carrying a scale of pay not less favourable than that of the post which he held immediately before the date of such transfer and in the same capacity (whether substantive or officiating) in which he held the post last mentioned: 2 ----- Provided that if immediately before the date of such transfer any such officer or employee is officiating in a higher post in the Indian Audit and Accounts Department either in a leave vacancy or in any other vacancy of a specified duration, his pay, on transfer, shall be protected for the unexpired period of such vacancy. **3. Repeal and saving.—(1) The Departmentalisation of Union Accounts (Transfer of Personnel)** Ordinance, 1976 (2 of 1976), is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act. 3 -----

8-Apr-1976

57

The High Court at Patna (Establishment of a Permanent Bench at Ranchi) Act, 1976

https://www.indiacode.nic.in/bitstream/123456789/1468/3/A1976-57.pdf

central

# THE HIGH COURT AT PATNA (ESTABLISHMENT OF A PERMANENT BENCH AT RANCHI) ACT, 1976 ________ ARRANHGEMENT OF SECTIONS ________ SECTIONS 1. Short title. 2. Establishment of a permanent bench of High Court at Patna at Ranchi. 1 ----- # THE HIGH COURT AT PATNA (ESTABLISHMENT OF A PERMANENT BENCH AT RANCHI) ACT, 1976 ACT NO. 57 OF 1976 [8th April, 1976.] # An Act to provide for the establishment of a permanent bench of the High Court at Patna at Ranchi. BE it enacted by Parliament in the Twenty-seventh Year of the Republic of India as follows:— **1. Short title.—This Act may be called the High Court at Patna (Establishment of a Permanent Bench** at Ranchi) Act, 1976. **2. Establishment of a permanent bench of High Court at Patna at Ranchi.—There shall be** established a permanent bench of the High Court at Patna at Ranchi, and such Judges of the High Court at Patna, being not less than three in number, as the Chief Justice of that High Court may, from time to time, nominate, shall sit at Ranchi in order to exercise the jurisdiction and power for the time being vested in that High Court in respect of cases arising in the districts of Hazaribagh, Giridih, Dhanbad, Ranchi, Palamau and Singhbhum: Provided that the Chief Justice of that High Court may, in his discretion, order that any case or class of cases arising in any such district shall be heard at Patna. 2 -----

10-Apr-1976

63

The Betwa River Board Act, 1976

https://www.indiacode.nic.in/bitstream/123456789/1479/2/A1976-63.pdf

central

# THE BETWA RIVER BOARD ACT, 1976 __________ ARRANGEMENT OF SECTIONS _________ CHAPTER I PRELIMINARY SECTIONS 1. Short title and commencement. 2. Declaration as to expediency of control by the Union. 3. Definitions. CHAPTER II ESTABLISHMENT OF THE BOARD 4. Establishment and incorporation of the Betwa River Board. 5. Executive Committee. 6. Vacancies, etc., not to invalidate proceedings of the Board or the Executive Committee. 7. Chief Engineer and Financial Adviser. 8. Other officers and employees of the Board. 9. Advisory Committees. CHAPTER III FUNCTIONS AND POWERS OF THE BOARD 10. Functions of the Board. 11. Conditions subject to which the Board may exercise its functions. 12. Powers of the Board. CHAPTER IV FINANCE, ACCOUNTS AND AUDIT 13. Betwa River Board Fund. 14. Budget. 15. Annual report. 16. Accounts and audit. CHAPTER V MISCELLANEOUS 17. Directions by Central Government. 18. Disputes between the Board and the State Governments. 19. Power to enter. 20. Members, officers and employees of the Board to be public servants. 21. Protection of action taken in good faith. 22. Power to make rules. 23. Power to make regulations. 24. Rules and regulations to be laid before Parliament. THE SCHEDULE. ----- # THE BETWA RIVER BOARD ACT, 1976 ACT NO. 63 OF 1976 [10th April, 1976.] # An Act to provide for the establishment of a Board for the creation of a reservoir at Rajghat by construction, on behalf of the Governments of Madhya Pradesh and Uttar Pradesh, of a dam on the Betwa river at Rajghat and for the regulation of such reservoir. BE it enacted by Parliament in the Twenty-seventh Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title and commencement.—(1) This Act may be called the Betwa River Board Act, 1976.** (2) It shall come into force on such date[1] as the Central Government may, after consultation with the Governments of Madhya Pradesh and Uttar Pradesh, 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 Central Government should take under its control the regulation and development of the inter-State Betwa River and River Valley to the extent hereinafter provided. **3. Definitions.—In this Act, unless the context otherwise requires,—** (a) “Board” means the Betwa River Board established under section 4; (b) “Chairman” means the Chairman of the Board; (c) “Executive Committee” means the Executive Committee constituted under section 5; (d) “member” means a member of the Board and includes the Chairman; (e) “prescribed” means prescribed by rules made by the Central Government under section 22; (f) “Rajghat Dam” means the Dam described in the Schedule; (g) [2][“Rani Laxmibai Sagar”] means the reservoir created by the construction of the Rajghat Dam; (h) “regulations” means regulations made by the Board under section 23; (i) “rules” means rules made by the Central Government under section 22. CHAPTER II ESTABLISHMENT OF THE BOARD **4. Establishment and incorporation of the Betwa River Board.—(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, a Board to be called the Betwa River Board. (2) The Board shall be a body corporate by the name aforesaid having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to contract and shall by the said name sue and be sued. (3) The Union Minister in charge of Irrigation shall be the Chairman of the Board and the other members of the Board shall be the following, namely:— 3[(a) where the same Union Minister is not in charge of both Irrigation and Power, the Union Minister in charge of Power or such Minister or Deputy Minister in the Union Ministry or Department in charge of Power as may be specified in this behalf by the Union Minister in charge of Power; 1. 25th October, 1976, vide notification No. G.S.R. 1518(E), dated 14th October, 1976, see Gazette of India, Extraordinary, Part II, sec. 3(i). 2. Subs. by Act 49 of 1993, s. 2, for “Rajghat Reservoir” (w.e.f. 27-8-1993). 3. Subs. by Act 47 of 1977, s. 2, for clauses (a) and (b) (w.e.f. 26-12-1977). ----- (b) the Chief Ministers of Madhya Pradesh and Uttar Pradesh; and (c) the Ministers of Madhya Pradesh and Uttar Pradesh in charge of Finance, Irrigation and Power:] Provided that when a proclamation made under article 356 of the Constitution is in force in relation to the State of Madhya Pradesh or Uttar Pradesh, the Central Government may appoint three persons to represent such State on the Board and the persons so appointed shall vacate their offices upon the revocation or cesser of operation of such proclamation. (4) The Board may permit any officer of the Central Government or the Government of Madhya Pradesh or Uttar Pradesh to attend any of its meetings and take part in the proceedings but such officer shall not be entitled to vote. (5) The Board may associate with itself, in such manner and for such purposes as may be determined by regulations, any person whose assistance or advice it may desire in complying with any of the provisions of this Act and a person so associated shall have the right to take part in the discussions of the Board relevant to the purpose for which he has been associated, but shall not be entitled to vote. **5. Executive Committee.—(1) The Central Government may, by notification in the Official Gazette,** constitute an Executive Committee consisting of officers of that Government and officers of the Governments of Madhya Pradesh and Uttar Pradesh. (2) The composition of the Executive Committee shall be such as may be prescribed: Provided that— (a) an officer of the Central Government shall be the Chairman of the Committee; (b) the Governments of Madhya Pradesh and Uttar Pradesh shall have equal representation. (3) Subject to the general superintendence and control of the Board, the management of the affairs of the Board shall vest in the Executive Committee and the Chairman and other members of the Committee shall assist the Board in such manner as the Board may require. (4) Subject to the rules, and to the directions of the Board, the Executive Committee may exercise any power and do any act or thing which may be exercised or done by the Board. (5) The procedure to be followed by the Executive Committee and all other matters relating to the Executive Committee shall be such as may be prescribed. **6. Vacancies, etc., not to invalidate proceedings of the Board or the Executive Committee.—No** act or proceeding of the Board or the Executive Committee shall be invalidated by reason of— (a) any vacancy in the Board or the Executive Committee; (b) any defect in the composition of, or in any appointment to, the Board or the Executive Committee; (c) any irregularity in the procedure of the Board or the Executive Committee not affecting the merits of the case. **7. Chief Engineer and Financial Adviser.—(1) The Central Government may, after consultation** with the Governments of Madhya Pradesh and Uttar Pradesh, appoint an Engineer (to be the Chief Engineer of the Board and to be known as the Chief Engineer, Rajghat Dam Project), and a Financial Adviser, and a Secretary, to the Board from amongst the officers of the Governments of Madhya Pradesh and Uttar Pradesh: Provided that the Central Government shall, so far as practicable, ensure that officers from the same State do not hold the posts of Chief Engineer and Secretary at the same time: ----- 1[Provided further that the Central Government may, with the concurrence of the Governments of Madhya Pradesh and Uttar Pradesh, appoint an officer of the Central Government as the Financial Adviser]. (2) Subject to the general superintendence and control of the Board and the Executive Committee, the Chief Engineer of the Board appointed under sub-section (1) shall be the Chief Executive Officer of the Board and shall exercise and discharge— (a) such powers and duties as may be prescribed or as may be delegated to him by the Board; (b) such other powers and duties as may be determined by regulations. (3) The Financial Adviser appointed under sub-section (1) shall be the Chief Accounts Officer of the Board. (4) The terms and conditions of service of the Chief Engineer of the Board, and of the Financial Adviser, and the Secretary, to the Board shall be such as may be prescribed. **8. Other officers and employees of the Board.—(1) Subject to the rules, the Board may appoint** such officers and employees as it may deem necessary for the efficient discharge of its functions: Provided that the Board shall, as far as practicable, utilise the services of the officers and employees offered by the Governments of Madhya Pradesh and Uttar Pradesh in such a manner that equal representation is given to the two States. (2) The terms and conditions of service of the officers and employees of the Board shall be such as may be determined by regulations. **9. Advisory Committees.—Subject to the rules, the Board may from time to time, constitute one or** more Advisory Committees to assist the Board and the Executive Committee in the efficient discharge of their functions. CHAPTER III FUNCTIONS AND POWERS OF THE BOARD **10. Functions of the Board.—Subject to the other provisions of this Act and the rules, the Board** may, if satisfied that the Governments of Madhya Pradesh and Uttar Pradesh have complied with or arranged to comply with the conditions specified in section 11,— (a) carry out surveys and investigations in the Betwa Inter-State river valley and prepare a comprehensive project report for the construction of Rajghat Dam and appurtenant works [2][and for the generation of power at Rajghat Dam, including the construction of a power house (hereinafter referred to as the Rajghat Power House) near the dam and appurtenant works] and finalise the same after consulting the Governments of Madhya Pradesh and Uttar Pradesh and taking into account the suggestions if any made by those Governments; (b) prepare detailed reports and estimates in respect of the Project and allocate the cost among the Governments of Madhya Pradesh and Uttar Pradesh; (c) draw up standards and specifications for implementation of the project and for the maintenance thereof; (d) construct the Rajghat Dam [2][and the Rajghat Power House] and the common carrier from the dam to irrigate areas in Madhya Pradesh and Uttar Pradesh; (e) lay down rules of operation and management of Rajghat Dam; (f) perform any other function which is supplemental, incidental, or consequential to all or any of the functions specified in clauses (a) to (e). 1. Ins. by Act 47 of 1977, s. 3 (w.e.f. 26-12-1977). 2. Ins. by s. 4, ibid. (w.e.f. 26-12-1977) ----- **11. Conditions subject to which the Board may exercise its functions.—(1) The exercise by the** Board of the functions specified in section 10 shall be subject to the following conditions, namely:— (i) that the Governments of Madhya Pradesh and Uttar Pradesh shall at all times make, to the satisfaction of the Board, suitable provisions as to the moneys, land facilities and electrical power for construction and all other things required by the Board; (ii) that the liability for the entire expenditure on the [1][Rajghat Dam and Rajghat Power House including appurtenant works and on the generation of power at Rajghat Dam] and all other expenditure incurred by the Board in the discharge of its functions shall be shared by the Governments of Madhya Pradesh and Uttar Pradesh in such proportion as may be specified by the Board: Provided that the Board may specify different proportions for different works or matters having regard to the benefits which may accrue to the States and other relevant factors; (iii) that the Governments of Madhya Pradesh and Uttar Pradesh shall extend full co-operation to the Board and shall in particular make available to the Board the land and electric power required by it for construction purposes as expeditiously as possible. (2) For the purposes of clause (ii) of sub-section (1), the expenditure on the Rajghat Dam shall include the expenditure incurred by the Government of Uttar Pradesh on the Rajghat Dam Project before the establishment of the Board and the Board shall determine the amount of expenditure so incurred by the Government of Uttar Pradesh and the extent to which it shall be reimbursed by the Government of Madhya Pradesh. **12. Powers of the Board.—(1) Subject to the provisions of this Act and the rules, the Board shall** have the power to do anything which may be necessary or expedient for the purpose of carrying out its functions under this Act. (2) Without prejudice to the generality of the foregoing provision, such power shall include the powers— (a) to acquire, hold and dispose of such properties both movable and immovable as the Board deems necessary; (b) to publish statistics or other information relating to the various aspects of flood control and drainage in the Betwa River Valley [2][, the regulation of [3][Rani Laxmibai Sagar] and the generation of power at Rajghat Dam]; (c) to require the Governments of Uttar Pradesh and Madhya Pradesh to furnish such information as the Board may require in the discharge of its functions. CHAPTER IV FINANCE, ACCOUNTS AND AUDIT **13. Betwa River Board Fund.—(1) There shall be constituted a Fund to be called the Betwa River** Board Fund and there shall be credited thereto the sums paid to the Board by the Governments of Madhya Pradesh and Uttar Pradesh and all other sums received by the Board. (2) The Fund shall be applied— (a) for meeting the salaries, allowances and other remuneration of the officers and other employees of the Board and other administrative expenses of the Board; 1. Subs. by Act 47 of 1977, s. 5, for “Rajghat Dam including appurtenantworks” (w.e.f. 26-12-1977). 2. Subs. by s. 6, ibid., for “and the regulation of Rajghat Reservoir” (w.e.f. 26-12-1977). 3. Subs. by Act 49 of 1993, s. 3, for “Rajghat Reservoir” (w.e.f. 27-8-1993). ----- (b) for meeting the expenditure on surveys and investigations undertaken by the Board; (c) for meeting the cost of construction of the [1][Rajghat Dam, the Rajghat Power House and appurtenant works]; (d) for meeting the other expenses of the Board in the discharge of its functions under this Act. **14. Budget.—The Board shall prepare in such form and at such time each year as may be prescribed** its budget for the next financial year showing the estimated expenditure, the amount of expenditure which the State Governments of Madhya Pradesh and Uttar Pradesh have undertaken to provide for and forward the same to the Central Government and the said State Governments. **15. Annual report.—(1) The Board shall prepare in such form and at such time each year as may be** prescribed its annual report giving a full account of its activities during the previous year and forward copies thereof to the Central Government and that Government shall cause the same to be laid before each House of Parliament. (2) The Board shall forward copies of its annual reports to the Governments of Madhya Pradesh and Uttar Pradesh. **16. Accounts and audit.—The accounts of the Board shall be maintained and audited in such manner** as may, in consultation with the Comptroller and Auditor-General of India, be prescribed. CHAPTER V MISCELLANEOUS **17. Directions by Central Government.—In the discharge of its functions, the Board shall be** guided by such directions and instructions on questions of policy as may be given to it by the Central Government. **18. Disputes between the Board and the State Governments.—If any dispute arises between the** Board and the Government of Madhya Pradesh or Uttar Pradesh or both regarding any matter covered by this Act or touching or arising out of it, it shall be referred to the Central Government and the decision of the Central Government shall be final and binding on the Board and the said Governments. **19. Power to enter.—Subject to any rules made in this behalf, any officer of the Board generally or** specially authorised by the Board in this behalf may, at all reasonable times, enter upon any land or premises and there do such things as may be reasonably necessary for the purpose of lawfully carrying out any works or of making any surveys, examination or investigation, preliminary or incidental to the exercise of any power or the performance of any function by the Board under this Act: Provided that no person shall enter into any building or upon any enclosed court or garden attached to a dwelling house, unless with the consent of the occupier thereof, without previously giving such occupier at least seven days' notice in writing of his intention to do so. **20. Members, officers and employees of the Board to be public servants.—All members of the** Board and the Executive Committee and all officers and employees of the Board shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this Act to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860). **21. Protection of action taken in good faith.—(1) No suit, prosecution or other legal proceedings** shall lie against the Central Government or the Government of Madhya Pradesh or Uttar Pradesh or any member of the Board or the Executive Committee or any officer or employee of the Board for anything which is in good faith done or intended to be done under this Act or the rules or regulations. (2) No suit or other legal proceedings shall lie against the Board for any damage caused or likely to be caused by anything in good faith done or purported to be done under this Act or the rules or regulations and, in particular, it shall not be the responsibility of the Board to provide for relief measures necessitated by floods or by breaches and failure of works. 1. Subs. by Act 47 of 1977, s. 7, for “Rajghat Dam and appurtenant works” (w.e.f. 26-12-1977). ----- **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 composition of, and the procedure to be followed, by the Executive Committee and all other matters relating to the Executive Committee, under sub-sections (2) and (5) of section 5; (b) the powers and duties which may be exercised or discharged by the Chief Engineer of the Board, under clause (a) of sub-section (2) of section 7; (c) the terms and conditions of service of the Chief Engineer of, and the Financial Adviser and the Secretary to, the Board, under sub-section (4) of section 7; (d) appointment of officers and employees of the Board, under sub-section (1) of section 8; (e) the form in which and the time at which the budget and annual report of the Board shall be prepared, under section 14, and sub-section (1) of section 15; (f) the manner in which the accounts of the Board shall be maintained and audited, under section 16; (g) the form and manner in which disputes may be referred under section 18 to the Central Government and the procedure to be followed by the Central Government for the settlement of such disputes. **23. Power to make regulations.—(1) The Board may, with the previous approval of the Central** Government, by notification in the Official Gazette, make regulations not inconsistent with this Act and the rules, for enabling it to discharge its functions under this Act. (2) 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 the Board may associate with itself any persons, under sub-section (5) of section 4; (b) the powers which may be exercised and the duties which may be discharged by the Chief Engineer of the Board, under sub-section (2) (b) of section 7; (c) the terms and conditions of service of the officers (other than the Chief Engineer of the Board, Financial Adviser and Secretary to the Board) and other employees of the Board, under sub-section (2) of section 8. **24. 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 successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation, as the case may be, or both Houses agree that the rule or regulation, as the case may be, 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. ----- THE SCHEDULE [See section 3(f)] DESCRIPTION OF RAJGHAT DAM The Dam is to be built across the Betwa river about one furlong upstream of Lalitpur Chanderi Causeway at Rajghat on the river Betwa, District Lalitpur of Uttar Pradesh. The Dam will comprise a masonry section in the river bed and earthen flanks on both sides. It will also include the earth dam to be constructed in the saddles on either side for creating a reservoir. -----

29-May-1976

72

The Life Insurance Corporation (Modification of Settlements) Act, 1976

https://www.indiacode.nic.in/bitstream/123456789/1433/2/A1976-72.pdf

central

# THE LIFE INSURANCE CORPORATION (MODIFICATION OF SETTLEMENTS) ACT, 1976 ___________ ARRANGEMENT OF SECTIONS _________ SECTIONS 1. Short title. 2. Definitions. 3. Modification of settlements. ----- # THE LIFE INSURANCE CORPORATION (MODIFICATION OF SETTLEMENTS) ACT, 1976 ACT NO. 72 OF 1976 [29th May, 1976.] # An Act to provide for the modification of the settlements arrived at between the Life Insurance Corporation of India and their workmen. BE it enacted by Parliament in the Twenty-seventh Year of the Republic of India as follows:— **1. Short title.—This Act may be called the Life Insurance Corporation (Modification of Settlements)** Act, 1976. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “Corporation” means the Life Insurance Corporation of India established under section 3 of the Life Insurance Corporation Act, 1956 (31 of 1956); (b) “salary” means basic pay and includes— (i) special pay, if any; (ii) dearness allowance; and (iii) additional dearness allowance; (c) “settlements” means,— (i) the settlement which was arrived at between the Corporation and their workmen on the 24th day of January, 1974, under section 18, read with clause (p) of section 2, of the Industrial Disputes Act, 1947 (14 of 1947); and (ii) the settlement which was arrived at between the Corporation and their workmen on the 6th day of February, 1974, under section 18, read with clause (p) of section 2, of the said Act and in respect of the terms of which there was no approval as provided for in sub-clause (2) of clause 12 thereof. **3. Modification of settlements.—Notwithstanding anything contained in the Industrial Disputes Act,** 1947 (14 of 1947),the provisions of each of the settlements, in so far as they relate to the payment of an annual cash bonus to every Class III and Class IV employee of the Corporation at the rate of fifteen per cent. of his annual salary, shall not have any force or effect and shall not be deemed to have had any force or effect on and from the 1st day of April, 1975. -----

11-Jun-1976

77

The Disturbed Areas (Special Courts) Act, 1976

https://www.indiacode.nic.in/bitstream/123456789/1482/1/AAA1976___77.pdf

central

# THE DISTURBED AREAS (SPECIAL COURTS) ACT, 1976 __________ ARRANGEMENT OF SECTIONS ____________ SECTIONS 1. Short title, extent and commencement. 2. Definitions. 3. Declaration of an area as disturbed area. 4. Constitution of Special Courts. 5. Jurisdiction of Special Courts. 6. Procedure and powers of Special Courts. 7. Power to transfer cases to regular courts. 8. Appeal and revision. 9. Overriding effect of Act. 10. Saving. THE SCHEDULE 1 ----- # THE DISTURBED AREAS (SPECIAL COURTS) ACT, 1976 ACT NO. 77 OF 1976 [11th June, 1976.] # An Act to provide for the speedy trial of certain offences in certain areas and for matters connected therewith. BE it enacted by Parliament in the Twenty-seventh Year of the Republic of India as follows:— **1. Short title, extent and commencement.—(1) This Act may be called the Disturbed Areas (Special** Courts) Act, 1976. (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 and different dates may be appointed for different States or for different parts thereof. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “Code” means the Code of Criminal Procedure, 1973 (2 of 1974); (b) “disturbed area” means an area declared as a disturbed area under section 3; (c) period of disturbance, in relation to a disturbed area, means the period during which it is to be a disturbed area for the purposes of section 3; (d) “scheduled offence” means an offence specified in the Schedule being an offence forming part or arising out of, or connected with, any such disturbance as is referred to in section 3; (e) “Special Court” means a Special Court constituted under section 4; (f) words and expressions used but not defined in this Act, and defined in the Code shall have the meanings respectively assigned to them in the Code. **3. Declaration of an area as disturbed area.—(1) Where a State Government is satisfied that—** (i) there was, or (ii) there is, in any area within a State extensive disturbance of the public peace and tranquillity, by reason of differences or disputes between members of different religious, racial, language or regional groups or castes or communities, it may, by notification in the Official Gazette, declare such area to be a disturbed area. (2) A notification issued under sub-section (1) in respect of any area shall specify the period during which the area shall, for the purposes of this section, be a disturbed area and where the State Government is satisfied that there was such disturbance of public peace and tranquillity as is referred to in sub-section (1) in that area from any date prior to the issue of such notification, the period specified in the notification may commence from that date: Provided that— (a) no period commencing from a date earlier than three months before the date of publication of the notification shall be specified therein; and (b) so much of the period specified in such notification as is subsequent to the date of publication of the notification shall not, in the first instance, exceed three months but the State Government may 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. 31-10-2019). 2. 15th August, 1976, vide notification No. S.O. 549(E), dated 13th August, 1976, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 2 ----- amend such notification to extend such period from time to time by any period not exceeding three months at any one time if in the opinion of the State Government there continues to be in such area such disturbance of public peace and tranquillity as is referred to in sub-section (1): Provided further that where the State Government is satisfied that there is no longer such disturbance of public peace and tranquillity as is referred to in sub-section (1) in such area, it shall amend the notification issued under that sub-section in respect of that area to limit the period specified therein (whether originally or by amendment under the preceding proviso) accordingly. **STATE AMENDMENT** **Karnataka** **Amendment of section 3.-In section 3 of the Disturbed Areas (Special Courts) Act, 1976 (Central** Act 77 of 1976) in sub-section (1), after the words “castes or communities”, the words “or due to any other reason” shall be inserted. [Vide Karnataka Act 49 of 1981, s. 2] **STATE AMENDMENT** **Manipur** **Amendment of section 3.-In section 3 of the Disturbed Areas (Special Courts) Act, 1976,** (hereinafter referred to as the Principal Act):- (a) in sub-section (1), between the words, “communities”, and “it may”, the following words, brackets and figures shall be inserted, namely— “or by reason of extension and indiscriminate armed violence by members of an association declared as unlawful association under the Unlawful Activities (Prevention) Act, 1967”; (b) in sub-section (2)— (i) In clause (a) of the proviso, the word “and” appearing at the end shall be deleted, and the words, letters and brackets, “save in respect of the cases referred to in clause (aa)”, shall be inserted in the beginning, and (ii) below clause (a) of the proviso so amended, the following clause shall be added, namely:- “(aa) in respect of extensive and indiscriminate armed violence by members of any association declared as unlawful association under the Unlawful Activities (Prevention) Act, 1967, no period commencing from a date earlier than the date of publication of the notification, if any, under section 3 of the Armed Forces (Special Powers) Act, 1958 (28 of 1958) in respect of that area or earlier than two years before the date of publication of the notification under sub-section (1), shall be specified therein; and”. [Vide Manipur Act 11 of 1982, s. 2] **4. Constitution of Special Courts.—(1) The State Government may, for the purpose of providing** speedy trial of scheduled offences committed in disturbed areas, by notification in the Official Gazette, constitute as many Special Courts as may be necessary in or in relation to such disturbed area or areas as may be specified in the notification. (2) A Special Court shall consist of a single judge who shall be appointed by the High Court upon a request made by the State Government. _Explanation.—In this sub-section, the word “appoint” shall have the meaning given to it in the_ _Explanation to section 9 of the Code._ (3) A person shall not be qualified for appointment as a judge of a Special Court unless— (a) he is qualified for appointment as a judge of a High Court, or 3 ----- (b) he has, for a period of not less than one year, been a Sessions Judge or an Additional Sessions Judge. (4) Notwithstanding anything contained in sub-section (3), a person shall not be eligible for being appointed as, and for being, a Judge of a Special Court in any State after he has attained the age at which Sessions Judges in that State have to retire from service. **5. Jurisdiction of Special Courts.—(1) Notwithstanding anything contained in the Code or any other** law, a scheduled offence committed in any disturbed area at any time during the period during which it is a disturbed area shall be triable, whether during or after such period, only by the Special Court constituted in or in relation to the disturbed area in which the offence has been committed. (2) When trying any scheduled offence, a Special Court may also try any offence other than the scheduled offence with which the accused may, under the Code, be charged at the same trial if the offence is connected with the scheduled offence. **6. Procedure and powers of Special Courts.—(1) Every scheduled offence shall be cognizable.** (2) A Special Court may take cognizance of any scheduled offence,— (a) where under the Code such offence is an offence triable exclusively by a Court of Session, upon its being committed to it under section 209 of the Code as if the Special Court were a Court of Session; (b) in any other case, upon a police report of the facts together with a certificate from the public prosecutor to the effect that the offence is triable exclusively by the Special Court. (3) Where a scheduled offence is an offence triable exclusively by a Court of Session under the Code, a Special Court shall have all the powers of a Court of Session and shall try such offence as if it were a Court of Session, so far as may be in accordance with the procedure prescribed in the Code for trial before a Court of Session. (4) Where a scheduled offence is an offence which is punishable with imprisonment for a term exceeding three years but which, according to the provisions of the Code, is not an offence triable exclusively by a Court of Session, a Special Court may on taking cognizance of the offences perform the functions of a Magistrate under section 207 of the Code and thereafter try such offence so far as may be in accordance with the procedure prescribed in the Code for trial before a Court of Session as if the Special Court were a Court of Session and the case had been committed to it for trial under the provisions of the Code. (5) Where a scheduled offence is punishable with imprisonment for a term not exceeding three years or with fine or with both, a Special Court may, notwithstanding anything contained in sub-section (1) of section 260 or section 262 of the Code, try the offence in a summary way in accordance with the procedure prescribed in the Code and the provisions of sections 263 to 265 of the Code, shall so far as may be, apply to such trial: Provided that when, in the course of a summary trial under this sub-section, it appears to the Special Court that the nature of the case is such that it is undesirable to try it summarily, the Special Court shall recall any witnesses who may have been examined and proceed to re-hear the case in the manner provided by the provisions of the Code for the trial of such offence and the said provisions shall apply to and in relation to a Special Court as they apply to and in relation to a Magistrate: Provided further that in the case of any conviction in a summary trial under this section, it shall be lawful for a Special Court to pass a sentence of imprisonment for a term not exceeding two years. (6) A Special Court may, with a view to obtaining the evidence of any person suspected to have been directly or indirectly concerned in, or privy to, an offence, tender a pardon to such person on condition of his making a full and true disclosure of the whole circumstances within his knowledge relating to the offence and to every other person concerned whether as principal or abettor in the commission thereof and any pardon so tendered shall, for the purposes of section 308 of the Code, be deemed to have been tendered under section 307 thereof. 4 ----- **7. Power to transfer cases to regular courts.—Where, after taking cognizance of any offence, a** Special Court is of opinion that the offence is not a scheduled offence, it shall, notwithstanding that it has no Jurisdiction to try the case, transfer the case for trial to any court having jurisdiction under the Code and the court to which the case is transferred may proceed with the case as if it had taken cognizance of the offence. **8. Appeal and revision.—The High Court may exercise, so far as they may be applicable, all the** powers conferred by Chapters XXIX and XXX of the Code on a High Court, as if a Special Court is a Court of Session trying cases within the local limits of the jurisdiction of the High Court. **9. Overriding effect of Act.—(1) The provisions of this Act shall have notwithstanding anything** contained in the Code or any other law, but save as expressly provided in this Act, the provisions of the Code shall, in so far as they are not inconsistent with the provisions of this Act, apply to the proceedings before a Special Court; and for the purposes of the said provisions of the Code, the Special Court shall be deemed to be a Court of Session and the person conducting a prosecution before a Special Court shall be deemed to be a public prosecutor. (2) In particular and without prejudice to the generality of the provisions contained in sub-section (1), the provisions of sections 326 and 475 of the Code shall, so far as may be, apply to the proceedings before a Special Court, and for this purpose references in those provisions to a Magistrate shall be construed as references to the Special Court. **STATE AMENDMENT** **Manipur** **Amendment of section 9.-In section 9 of the Principal Act, after sub-section (2), the following** explanation shall be added, namely:- “Explanation : The evidence recorded in the trial of a scheduled offence by a Court of Sessions or Magistrate before it or he has ceased to exercise jurisdiction therein shall, for the purpose of section 326 of the Code, be construed as evidence so recorded by the predecessor of the Special Court”. [Vide Manipur Act 11 of 1982, s. 3] **10. Saving.—(1) Nothing in this Act shall affect the jurisdiction exercisable by, or the procedure** applicable to, any court or other authority under any law relating to the naval, military or air forces or any other armed forces of the Union. (2) For the removal of doubts, it is hereby declared that for the purposes of any such law as is referred to in sub-section (1), a Special Court shall be deemed to be a court of ordinary criminal justice. 5 ----- THE SCHEDULE [See section 2(d)] 1. Offences under the following provisions of the Indian Penal Code (45 of 1860):— Section 120B; Sections 143 to 145, 147, 148, 151 to 155, 157, 158 and 160; Sections 182, 183, 186 to 190; Sections 193 to 195, 199, 201 to 203, 211 to 214, 216, 216A and 225; Sections 295 to 298; Sections 302, 303, 304, 307, 308, 323 to 335, 341 to 348, 352 to 358, 363 to 369 and 376; Sections 379, 380, 382, 384 to 387, 392 to 399, 402, 411, 412, 426, 427, 431, 435, 436, 440, 447 to 462; Sections 504 to 506 and 509. 2. Offences under the following provisions of the Arms Act, 1959 (54 of 1959):— Sections 25 to 30. 3. Offences under the following provisions of the Indian Explosives Act, 1884 (4 of 1884):— Sections 6(3) and 8(2). **STATE AMENDMENT** **Manipur** In the Schedule to the Principal Act, for the word, figures and letter, “Section 120 B”, the words, figures and letter, “Sections 120 B, 121 to 130” shall be substituted. [Vide Manipur Act 11 of 1983, s. 4] 6 -----

25-Aug-1976

80

The Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976

https://www.indiacode.nic.in/bitstream/123456789/1484/2/A1976-80.pdf

central

# THE TERRITORIAL WATERS, CONTINENTAL SHELF, EXCLUSIVE ECONOMIC ZONE AND OTHER MARITIME ZONES ACT, 1976 __________ ARRANGEMENT OF SECTIONS _______ SECTIONS 1. Short title and commencement. 2. Definition. 3. Sovereignty over, and limits of, territorial waters. 4. Use of territorial waters by foreign ships. 5. Contiguous zone of India. 6. Continental shelf. 7. Exclusive economic zone. 8. Historic waters. 9. Maritime boundaries between India and States having coasts opposite or adjacent to those of India. 10. Publication of charts. 11. Offences. 12. Offences by companies. 13. Place of trial. 14. Previous sanction of the Central Government for prosecution. 15. Power to make rules. 16. Removal of difficulties. ----- # THE TERRITORIAL WATERS, CONTINENTAL SHELF, EXCLUSIVE ECONOMIC ZONE AND OTHER MARITIME ZONES ACT, 1976 ACT NO. 80 OF 1976 [25th August, 1976.] # An Act to provide for certain matters relating to the territorial waters continental shelf, exclusive economic zone and other maritime zones of India. BE it enacted by Parliament in the Twenty-seventh Year of the Republic of India as follows:— **1. Short title and commencement.—(1) This Act may be called the Territorial Waters, Continental** Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976. (2) Sections 5 and 7 shall come into force on such date[1] or on such different dates as the Central Government may, by notification in the Official Gazette, appoint; and the remaining provisions of this Act shall come into force at once. **2. Definition.—In this Act, “limit”, in relation to the territorial waters, the continental shelf, the** exclusive economic zone or any other maritime zone of India, means the limit of such waters, shelf or zone with reference to the mainland of India as well as the individual or composite group or groups of islands constituting part of the territory of India. **3. Sovereignty over, and limits of, territorial waters.—(1) The sovereignty of India extends and** has always extended to the territorial waters of India (hereinafter referred to as the territorial waters) and to the seabed and subsoil underlying, and the air space over, such waters. (2) The limit of the territorial waters is the line every point of which is at a distance of twelve nautical miles from the nearest point of the appropriate baseline. (3) Notwithstanding anything contained in sub-section (2), the Central Government may, whenever it considers necessary so to do having regard to International Law and State practice, alter, by notification in the Official Gazette, the limit of the territorial waters. (4) No notification shall be issued under sub-section (3) unless resolutions approving the issue of such notification are passed by both Houses of Parliament. **4. Use of territorial waters by foreign ships.—(1) Without prejudice to the provisions of any other** law for the time being in force, all foreign ships (other than warships including sub-marines and other underwater vehicles) shall enjoy the right of innocent passage through the territorial waters. _Explanation.—For the purposes of this section, passage is innocent so long as it is not prejudicial to_ the peace, good order or security of India. (2) Foreign warships including submarines and other underwater vehicles may enter or pass through the territorial waters after giving prior notice to the Central Government: Provided that submarines and other underwater vehicles shall navigate on the surface and show their flag while passing through such waters. (3) The Central Government may, if satisfied that it is necessary so to do in the interests of the peace, good order or security of India or any part thereof, suspend, by notification in the Official Gazette, whether absolutely or subject to such exceptions and qualifications as may be specified in the notification, the entry of all or any class of foreign ships into such area of the territorial waters as may be specified in the notification. 1. 15th January, 1977, vide notification No. G.S.R. 16(E), dated 15th January, 1977, see Gazette of India, Extraordinary, Part II, sec. 3(i). ----- **5. Contiguous zone of India.—(1) The contiguous zone of India (hereinafter referred to as the** contiguous zone) is an area beyond and adjacent to the territorial waters and the limit of the contiguous zone is the line every point of which is at a distance of twenty-four nautical miles from the nearest point of the baseline referred to in sub-section (2) of section 3. (2) Notwithstanding anything contained in sub-section (1), the Central Government may, whenever it considers necessary so to do having regard to International Law and State practice, alter, by notification in the Official Gazette, the limit of the contiguous zone. (3) No notification shall be issued under sub-section (2) unless resolutions approving the issue of such notification are passed by both Houses of Parliament. (4) The Central Government may exercise such powers and take such measures in or in relation to the contiguous zone as it may consider necessary with respect to,— (a) the security of India, and (b) immigration, sanitation, customs and other fiscal matters. (5) The Central Government may, by notification in the Official Gazette,— (a) extend with such restrictions and modifications as it thinks fit, any enactment, relating to any matter referred to in clause (a) or clause (b) of sub-section (4), for the time being in force in India or any part thereof, to the contiguous zone, and (b) make such provisions as it may consider necessary in such notification for facilitating the enforcement of such enactment, and any enactment so extended shall have effect as if the contiguous zone is a part of the territory of India. **6. Continental shelf.—(1) The continental shelf of India (hereinafter referred to as the continental** shelf) comprises the seabed and subsoil of the submarine areas that extend beyond the limit of its territorial waters throughout the natural prolongation of its land territory to the outer edge of the continental margin or to a distance of two hundred nautical miles from the baseline referred to in subsection (2) of section 3 where the outer edge of the continental margin does not extend up to that distance. (2) India has, and always had, full and exclusive sovereign rights in respect of its continental shelf. (3) Without prejudice to the generality of the provisions of sub-section (2), the Union has in the continental shelf,— (a) sovereign rights for the purposes of exploration, exploitation, conservation and management of all resources; (b) exclusive rights and jurisdiction for the construction, maintenance or operation of artificial islands, off-shore terminals, installations and other structures and devices necessary for the exploration and exploitation of the resources of the continental shelf or for the convenience of shipping or for any other purpose; (c) exclusive jurisdiction to authorise, regulate and control scientific research; and (d) exclusive jurisdiction to preserve and protect the marine environment and to prevent and control marine pollution. (4) No person (including a foreign Government) shall, except under, and in accordance with, the terms of a licence or a letter of authority granted by the Central Government, explore the continental shelf or exploit its resources or carry out any search or excavation or conduct any research within the continental shelf or drill therein or construct, maintain or operate any artificial island, off-shore terminal, installation or other structure or device therein for any purpose whatsoever. (5) The Central Government may, by notification in the Official Gazette,— ----- (a) declare any area of the continental shelf and its superjacent waters to be a designated area; and (b) make such provisions as it may deem necessary with respect to,— (i) the exploration, exploitation and protection of the resources of the continental shelf within such designated area; or (ii) the safety and protection of artificial islands, off-shore terminals, installations and other structures and devices in such designated area; or (iii) the protection of marine environment of such designated area; or (iv) customs and other fiscal matters in relation to such designated area. _Explanation.—A notification issued under this sub-section may provide for the regulation of entry_ into and passage through the designated area of foreign ships by the establishment of fairways, sealanes, traffic separation schemes or any other mode of ensuring freedom of navigation which is not prejudicial to the interests of India. (6) The Central Government may, by notification in the Official Gazette,— (a) extend with such restrictions and modifications as it thinks fit, any enactment for the time being in force in India or any part thereof to the continental shelf or any part [including any designated area under sub-section (5)] thereof; and (b) make such provisions as it may consider necessary for facilitating the enforcement of such enactment, and any enactment so extended shall have effect as if the continental shelf or the part [including, as the case may be, any designated area under sub-section (5)] thereof to which it has been extended is a part of the territory of India. (7) Without prejudice to the provisions of sub-section (2) and subject to any measures that may be necessary for protecting the interests of India, the Central Government may not impede the laying or maintenance of submarine cables or pipelines on the continental shelf by foreign States: Provided that the consent of the Central Government shall be necessary for the delineation of the course for the laying of such cables or pipelines. **7. Exclusive economic zone.—(1) The exclusive economic zone of India (hereinafter referred to as** the exclusive economic zone) is an area beyond and adjacent to the territorial waters, and the limit of such zone is two hundred nautical miles from the baseline referred to in sub-section (2) of section 3. (2) Notwithstanding anything contained in sub-section (1), the Central Government may, whenever it considers necessary so to do having regard to International Law and State practice, alter, by notification in the Official Gazette, the Limit of the exclusive economic zone. (3) No notification shall be issued under sub-section (2) unless resolutions approving the issue of such notification are passed by both Houses of Parliament. (4) In the exclusive economic zone, the Union has,— (a) sovereign rights for the purpose of exploration, exploitation, conservation and management of the natural resources, both living and non-living as well as for producing energy from tides, winds and currents; (b) exclusive rights and jurisdiction for the construction, maintenance or operation of artificial islands, off-shore terminals, installations and other structures and devices necessary for the exploration and exploitation of the resources of the zone or for the convenience of shipping or for any other purpose; (c) exclusive jurisdiction to authorise, regulate and control scientific research; (d) exclusive jurisdiction to preserve and protect the marine environment and to prevent and control marine pollution; and ----- (e) such other rights as are recognised by International Law. (5) No person (including a foreign Government) shall, except under, and in accordance with, the terms of any agreement with the Central Government or of a licence or a letter of authority granted by the Central Government, explore or exploit any resources of the exclusive economic zone or carry out any search or excavation or conduct any research within the exclusive economic zone or drill therein or construct, maintain or operate any artificial island, off-shore terminal, installation or other structure or device therein for any purpose whatsoever: Provided that nothing in this sub-section shall apply in relation to fishing by a citizen of India. (6) The Central Government may, by notification in the Official Gazette,— (a) declare any area of the exclusive economic zone to be a designated area; and (b) make such provisions as it may deem necessary with respect to,— (i) the exploration, exploitation and protection of the resources of such designated area; or (ii) other activities for the economic exploitation and exploration of such designated area such as the production of energy from tides, winds and currents; or (iii) the safety and protection of artificial islands, off-shore terminals, installations and other structures and devices in such designated area; or (iv) the protection of marine environment of such designated area; or (v) customs and other fiscal matters in relation to such designated area. _Explanation.—A notification issued under this sub-section may provide for the regulation of entry_ into and passage through the designated area of foreign ships by the establishment of fairways, sealanes, traffic separation schemes or any other mode of ensuring freedom of navigation which is not prejudicial to the interests of India. (7) The Central Government may, by notification in the official Gazette,— (a) extend, with such restrictions and modifications as it thinks fit, any enactment for the time being in force in India or any part thereof to the exclusive economic zone or any part thereof; and (b) make such provisions as it may consider necessary for facilitating the enforcement of such enactment, and any enactment so extended shall have effect as if the exclusive economic zone or the part thereof to which it has been extended is a part of the territory of India. (8) The provisions of sub-section (7) of section 6 shall apply in relation to the laying or maintenance of submarine cables or pipelines on the seabed of the exclusive economic zone as they apply in relation to the laying or maintenance of submarine cables or pipelines on the seabed of the continental shelf. (9) In the exclusive economic zone and the air space over the zone, ships and aircraft of all States shall, subject to the exercise by India of its rights within the zone, enjoy freedom of navigation and over flight. **8. Historic waters.—(1) The Central Government may, by notification in the Official Gazette,** specify the limits of such waters adjacent to its land territory as are the historic waters of India. (2) The sovereignty of India extends, and has always extended, to the historic waters of India and to the seabed and subsoil underlying, and the air space over, such waters. **9. Maritime boundaries between India and States having coasts opposite or adjacent to those of** **India.—(1) The maritime boundaries between India and any State whose coast is opposite or adjacent to** that of India in regard to their respective territorial waters, contiguous zones, continental shelves, ----- exclusive economic zones and other maritime zones shall be as determined by agreement (whether entered into before or after the commencement of this section) between India and such State and pending such agreement between India and any such State, and unless any other provisional arrangements are agreed to between them, the maritime boundaries between India and such State shall not extend beyond the line every point of which is equidistant from the nearest point from which the breadth of the territorial waters of India and of such State are measured. (2) Every agreement referred to in sub-section (1) shall, as soon as may be after it is entered into, be published in the Official Gazette. (3) The provisions of sub-section (1) shall have effect notwithstanding anything contained in any other provision of this Act. **10.** **Publication of charts.—The Central Government may cause the baseline referred to in sub-** section (2) of section 3, the limits of the territorial waters, the contiguous zone, the continental shelf, the exclusive economic zone and the historic waters of India and the maritime boundaries as settled by agreements referred to in section 9 to be published in charts. **11. Offences.—Whoever contravenes any provision of this Act or of any notification thereunder shall** (without prejudice to any other action which may be taken against such person under any other provision of this or of any other enactment) be punishable with imprisonment which may extend to three years, or with fine, or with both. **12. Offences by companies.—(1) Where an offence under this Act or the rules made thereunder 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 or the rules made thereunder has been committed by a company and it is proved that the offence has been committed with the consent or the 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. **13. Place of trial.—Any person committing an offence under this Act or any rules made thereunder** or under any of the enactments extended under this Act or under the rules made thereunder may be tried for the offence in any place in which he may be found or in such other place as the Central Government may, by general or special order, published in the Official Gazette, direct in this behalf. **14. Previous sanction of the Central Government for prosecution.—No prosecution shall be** instituted against any person in respect of any offence under this Act or the rules made thereunder without the previous sanction of the Central Government or such officer or authority as may be authorised by that Government by order in writing in this behalf. **15. 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) regulation of the conduct of any person in the territorial waters, the contiguous zone, the continental shelf, the exclusive economic zone or any other maritime zone of India; (b) regulation of the exploration and exploitation, conservation and management of the resources of the continental shelf; (c) regulation of the exploration, exploitation, conservation and management of the resources of the exclusive economic zone; (d) regulation of the construction, maintenance and operation of artificial islands, off-shore terminals, installations and other structures and devices referred to in sections 6 and 7; (e) preservation and protection of the marine environment and prevention and control of marine pollution for the purposes of this Act; (f) authorisation, regulation and control of the conduct of scientific research for the purposes of this Act; (g) fees in relation to licences and letters of authority referred to in sub-section (4) of section 6 and sub-section (5) of section 7 or for any other purpose; or (h) any matter incidental to any of the matters specified in clauses (a) to (g). (3) In making any rule under this section, the Central Government may provide that a contravention thereof shall be punishable with imprisonment which may extend to three years, or with fine which may extend to any amount, or with both. (4) Every rule made under this Act and every notification issued under sub-section (5) of section 6 or sub-section (6) of section 7 shall be laid, as soon as may be after it is made or issued, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session immediately following the session or the successive sessions aforesaid both Houses agree in making any modification in the rule or the notification or both Houses agree that the rule or notification should not be issued, the rule or notification shall, thereafter, have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notification. **16. Removal of difficulties.—(1) If any difficulty arises in giving effect to the provisions of this Act** or of any of the enactments extended under this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act or, as the case may be, of such enactment, as may appear to it to be necessary or expedient for removing the difficulty: Provided that no order shall be made under this section— (a) in the case of any difficulty arising in giving effect to any provision of this Act, after the expiry of three years from the commencement of such provision; (b) in the case of any difficulty arising in giving effect to the provisions of any enactment extended under this Act, after the expiry of three years from the extension of such enactment. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. -----

18-Sep-1976

108

The Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976

https://www.indiacode.nic.in/bitstream/123456789/1489/1/a1976-108.pdf

central

# THE SCHEDULED CASTES AND SCHEDULED TRIBES ORDERS (AMENDMENT) ACT, 1976 ________ ARRANGEMENT OF SECTIONS ____________ SECTIONS 1. Short title and Commencement. 2. Definitions. 3. [Repealed.]. 4. [Repealed.]. 5. Determination of population of Scheduled Castes and Scheduled Tribes. 6. Re-adjustment of constituencies by the Election Commission. 7. Procedure and powers of the Commission. 8. Publication of amendments and their dates of operation. 9. Certain other powers of Election Commission. 10. Validation of acts done previous to the commencement of the Act. _The First Schedule [Repealed.]._ _The Second Schedule. [Repealed.]._ 1 ----- # THE SCHEDULED CASTES AND SCHEDULED TRIBES ORDERS (AMENDMENT) ACT, 1976 ACT NO. 108 OF 1976 [18th September, 1976.] # An Act to provide for the inclusion in, and the exclusion from, the lists of Scheduled Castes and Scheduled Tribes, of certain castes and tribes, for the re-adjustment of representation of parliamentary and assembly constituencies in so far as such re-adjustment is necessitated by such inclusion or exclusion and for matters connected therewith. BE it enacted by Parliament in the Twenty-seventh Year of the Republic of India as follows:— **1. Short title and Commencement.—(1) This Act may be called the Scheduled Castes and** Scheduled Tribes Orders (Amendment) Act, 1976. (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) “census authority” means the Registrar General and _ex officio Census Commissioner for_ India; (b) “Commission” means the Election Commission appointed by the President under article 324 of the Constitution; (c) “Delimitation Act” means the Delimitation Act, 1972 (76 of 1972); (d) “last census” means the census held in India in 1971; (e) “Scheduled Castes Order” means the Constitution (Scheduled Castes) Order, 1950, made by the President under article 341 of the Constitution; (f) “Scheduled Tribes Orders” means the Constitution (Scheduled Tribes) Order, 1950 and the Constitution (Andaman and Nicobar Islands) Scheduled Tribes Order, 1959, made by the President under article 342 of the Constitution; (g) “State” means a State included in the Scheduled Castes Order and the Scheduled Tribes Orders, and includes the Union territory of the Andaman and Nicobar Islands. **3.** [Amendment of Scheduled Castes Order.] Rep. by the Repealing and Amending _Act, 1988_ (19 of 1988), s. 2 and the First Schedule (w.e.f. 31-3-1988). **4.** [Amendment of Scheduled Tribes Orders.] Rep. by s. 2 and the First Schedule, ibid. (w.e.f. 31-3-1988). **5. Determination of population of Scheduled Castes and Scheduled Tribes.—(1) As soon as may** be after the commencement of this Act, the population as at the last census of the Scheduled Castes or, as the case may be, of the Scheduled Tribes, in each State shall be ascertained or estimated by the census authority. (2) Where by reason of the amendments made by section 3 or section 4— (a) any locality in a State specified in relation to any caste or tribe in any of the parts of the Schedules to the Orders referred to in the said sections is varied so as to specify a larger area in relation to such caste or tribe, the census authority shall take into account the population figures of the caste or tribe as ascertained in the last census and in any previous census wherein the population figures of the caste or tribe in respect of the increased area had been ascertained and determine the population of that caste or tribe as on the 1st day of April, 1971 by increasing or decreasing such figures by the proportion in which the general population of the State or, as the case may be, the 1. 27th July, 1977, vide notification No. S.O. 589(E), dated 27th July, 1977, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 2 ----- division, district, taluk, tahsil, police station, development block or other territorial division in relation to which such caste or tribe has been specified by the said amendments has increased or decreased between the previous census aforesaid and the last census; (b) any caste or tribe which is deemed to be both a Scheduled Caste and Scheduled Tribe in relation to a State or part thereof is varied so as to specify such caste or tribe only as a Scheduled Caste or Scheduled Tribe in relation to that State or part, the census authority shall take into account the population figures of such Scheduled Caste and Scheduled Tribe as ascertained in the last census: Provided that it shall not be necessary for the census authority to determine the population of any Scheduled Caste or Tribe as on the 1st day of April, 1971, if the population of that caste or tribe was not ascertained at the last census and in any of the previous censuses and is, in the opinion of that authority, numerically small. _Explanation.—Where the population figures of any caste or tribe in respect of any increased area_ referred to in clause (a) had been ascertained in more than one previous census, the census authority shall take into account, for the purposes of that clause, the population figures of such caste or tribe as ascertained in the previous census which is nearest in point of time to the last census. (3) The population figures ascertained or determined under sub-section (2) shall be notified by the census authority in the Gazette of India. (4) 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; and the figures so notified shall be final and shall not be called in question in any court. **6. Re-adjustment of constituencies by the Election Commission.—(1) After the population figures** have been notified for any State under section 5, it shall be the duty of the Commission to make such amendments as may be necessary in the Delimitation of Parliamentary and Assembly Constituencies Order, 1976, (without altering the extent of any constituency as given in such Order) having regard to the provisions of articles 81, 170, 330 and 332 of the Constitution, of section 8 of the Delimitation Act, and of this Act, for the purpose of giving proper representation to the Scheduled Castes or, as the case may be, to the Scheduled Tribes of that State on the basis of the number of reserved seats as specified in that Order as hereunder amended by the Commission, and the First Schedule and Second Schedule to the Representation of the People Act, 1950 (43 of 1950) shall be deemed to have been amended accordingly. (2) In making any amendments under sub-section (1), the Commission shall, as far as may be necessary, have regard to the provisions of clauses (c) and (d) of sub-section (1) of section 9 of the Delimitation Act. (3) The Commission shall— (a) publish its proposals for the amendments in the Gazette of India and the Official Gazette of the State concerned and also in such other manner as it thinks fit; (b) specify a date on or after which such proposals will be further considered by it; (c) consider all objections and suggestions which may have been received by it before the date so specified; and (d) thereafter make the necessary amendments in the order. **7. Procedure and powers of the Commission.—(1) In the discharge of its functions under this Act,** the Commission shall determine its own procedure and shall have all the powers of a civil court under the Code of Civil Procedure, 1908 (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; and (c) requisitioning any public record from any court or office. 3 ----- (2) The Commission shall have the power to require any person to furnish any information on such points or matters as, in the opinion of the Commission, may be useful for, or relevant to, any matter, under the consideration of the Commission. (3) The Commission shall be deemed to be a civil court for the purposes of sections 345 and 346 of the Code of Criminal Procedure, 1973 (2 of 1974). _Explanation.—For the purpose of enforcing the attendance of witnesses, the local limits of the_ jurisdiction of the Commission shall be the limits of the territory of India. **8. Publication of amendments and their dates of operation.—(1) The Commission shall cause the** amendments made by it in the Delimitation of Parliamentary and Assembly Constituencies Order, 1976 to be published in the Gazette of India and in the Official Gazettes of the States concerned. (2) Upon publication in the Gazette of India, every such amendment shall have the force of law and shall not be called in question in any court. (3) As soon as may be after such publication in the Gazette of India, every such amendment shall be laid before the House of the People and the Legislative Assemblies of the States concerned. (4) Subject to the provisions of sub-section (5), the readjustment of representation of any territorial constituencies in the House of the People or in the Legislative Assembly of a State necessitated by any amendments made by the Commission in the Delimitation of Parliamentary and Assembly Constituencies Order, 1976 and provided for in that Order as so amended shall apply in relation to every election to the House or, as the case may be, to the Assembly, hereafter the publication in the Gazette of India under sub-section (1) of such amendments and shall so apply in supersession of the provisions relating to representation contained in the Representation of the People Act, 1950 (43 of 1950). (5) Nothing contained in the foregoing sub-sections shall affect the representation in the House of the People or in the Legislative Assembly of a State, existing on the date of publication in the Gazette of India under sub-section (1) of the amendments made by the Commission under this Act. **9. Certain other powers of Election Commission.—(1) The Commission may, from time to time,** by notification in the Gazette of India and in the Official Gazette of the State concerned— (a) correct any printing mistake in the Delimitation of Parliamentary and Assembly Constituencies Order, 1976 as amended under this Act, or any error occurring therein from any inadvertent slip or omission; and (b) where the boundaries or the name of any district or any territorial division mentioned in the said Order are or is altered, make such amendments as appear to it to be necessary or expedient for bringing the Order up-to-date. (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. **10. Validation of acts done previous to the commencement of the Act.—All things done, and all** steps taken, before the commencement of this Act by the census authority for the determination of population of Scheduled Castes and Scheduled Tribes, or by the Commission for the purpose of re-adjustment of constituencies shall, in so far as they are in conformity with the provisions of this Act, be deemed to have been done or taken under these provisions as if such provisions were in force at the time such things were done or such steps were taken. [The First Schedule.] Rep. by the Repealing and Amending Act, 1988 (19 of 1988), s. 2 and the First _Schedule (w.e.f. 31-3-1988)._ [The Second Schedule.] Rep. by s. 2 and the First Schedule, ibid. (w.e.f. 31-3-1988). 4 -----

18-Apr-1977

33

The Salary and Allowances of Leaders of Opposition in Parliament Act, 1977

https://www.indiacode.nic.in/bitstream/123456789/1622/3/A1977-33.pdf

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# THE SALARY AND ALLOWANCES OF LEADERS OF OPPOSITION IN PARLIAMENT ACT, 1977 _________ # ARRANGEMENT OF SECTIONS __________ SECTIONS 1. Short title and commencement. 2. Definition. 3. Salary, and daily, constituency and sumptuary allowances. 4. Residence for Leaders of Opposition. 5. Travelling and daily allowances to Leaders of Opposition. 6. Medical treatment, etc., to Leaders of Opposition. 7. Leaders of Opposition not to draw salary or allowances as Members of Parliament. 8. Amenities to Leaders of Opposition. 8A. Advance to Leader of Opposition for purchase of motor car. 9. Notification respecting the date on which persons became or ceased to be Leaders of Opposition to be conclusive evidence thereof. 9A. Exemption from liability to pay income-tax on certain perquisites received by a Leader of the Opposition. 10. Power to make rule. 11. [Repealed.]. 12. [Repealed.]. ----- # THE SALARY AND ALLOWANCES OF LEADERS OF OPPOSITION IN PARLIAMENT ACT, 1977 ACT NO. 33 OF 1977 [18th August, 1977.] # An Act to provide for the salary and allowances of Leaders of Opposition in Parliament. BE it enacted by Parliament in the Twenty-eighth Year of the Republic of India as follows:— **1. Short title and commencement.—(1) This Act may be called the Salary and Allowances of** Leaders of Opposition in Parliament Act, 1977. (2) It shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette, appoint. **2. Definition.—In this Act, “Leader of the Opposition”, in relation to either House of Parliament,** means that member of the Council of States or the House of the People, as the case may be, who is, for the time being, the Leader in that House of the party in opposition to the Government having the greatest numerical strength and recognised as such by the Chairman of the Council of States or the Speaker of the House of the People, as the case may be. _Explanation.—Where there are two or more parties in opposition to the Government, in the Council_ of States or in the House of the People having the same numerical strength, the Chairman of the Council of States or the Speaker of the House of the People, as the case may be, shall, having regard to the status of the parties, recognise any one of the Leaders of such parties as the Leader of the Opposition for the purposes of this section and such recognition shall be final and conclusive. 2[3. Salary, and daily, constituency and sumptuary allowances.—(1) Each Leader of the Opposition shall, so long as he continues as such Leader, be entitled to receive a salary per mensem and allowance for each day at the same rates as are specified in section 3 of the Salary, Allowances and Pension of Members of Parliament Act, 1954 (30 of 1954) with respect to members of Parliament. (2) Each Leader of the Opposition shall also be entitled to receive a constituency allowance at the same rate as is for the time being specified under section 8 of the said Act with respect to members of Parliament. (3) There shall be paid to each Leader of the Opposition a sumptuary allowance of one thousand rupees per mensem:] 3[Provided that on and from the 17th day of September, 2001, the sumptuary allowance shall be paid to each Leader of the Opposition 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.] **4. Residence for Leaders of Opposition.—(1) Each Leader of the Opposition shall, so long as he** continues as such Leader and for a period of one month immediately thereafter, be entitled without payment of rent to the use of a furnished residence and no charge shall fall on the Leader of the Opposition personally in respect of the maintenance of such residence. (2) In the event of the death of a Leader of the Opposition, his family shall be entitled to the use of the furnished residence occupied by him— (a) for a period of one month immediately after his death, without payment of rent and no charge shall fall on his family in respect of the maintenance of such residence; and 1. 1st November, 1977, vide notification No. G.S.R. 664(E), dated 1st November, 1977, see Gazette of India, Extraordinary, Part II, sec. 3(i). 2. Subs. by Act 78 of 1985, s. 2, for section 3 (w.e.f. 26-12-1985). 3. Ins. by Act 29 of 2002, s. 3 (w.e.f. 17-9-2001). ----- (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. Travelling and daily allowances to Leaders of Opposition.—[1][(1)] Subject to any rules made in** this behalf by the Central Government, a Leader of the Opposition shall be entitled to— (a) travelling allowances for himself and the members of his family and for transport of his and his family’s effects— (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 duties as Leader of the Opposition, whether by sea, land or air. 2[(2) On and from the commencement of the Salaries and Allowances of Officers of Parliament and Leaders of Opposition in Parliament (Second Amendment) Act, 2002, a Leader of the Opposition 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).] **6. Medical treatment, etc., to Leaders of Opposition.—Subject to any rules made in this behalf by** the Central Government, a Leader of the Opposition 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. **7. Leaders of Opposition not to draw salary or allowances as Members of Parliament.—No** Leader of the Opposition 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. **8. Amenities to Leaders of Opposition.—(1) Subject to any rules made in this behalf by the Central** Government, each Leader of the Opposition shall be entitled to telephone and secretarial facilities. (2) Subject to any rules made in this behalf by the Central Government, each Leader of the Opposition shall be entitled to a conveyance allowance of [3][three thousand rupees] per month: 4[Provided that where a Leader of the Opposition is provided with conveyance facility with a driver for the purposes of security or otherwise for any period, he shall not be entitled to the conveyance allowance for that period.] 5[8A. Advance to Leader of Opposition for purchase of motor car.—There may be paid to a Leader of the Opposition, by way of a repayable advance, such sum of money as may be prescribed by rules made in this behalf by the Central Government for the purchase of a motor car in order that he may be able to discharge conveniently and efficiently the duties of his office.] 1. Section 5 renumbered as sub-section (1) thereof by Act 78 of 1985, s. 3 (w.e.f. 26-12-1985). 2. Subs. by Act 56 of 2002, s. 3, for sub-section (2) (w.e.f. 17-9-2001). 3. Subs. by Act 7 of 1991, s. 2, for “three hundred rupees” (w.e.f. 1-10-1990). 4. Proviso ins. by s. 2, ibid. (w.e.f. 1-10-1990). 5. Ins. by s. 3, ibid. (w.e.f. 1-10-1990). ----- **9. Notification respecting the date on which persons became or ceased to be Leaders of** **Opposition to be conclusive evidence thereof.—The date on which any person became or ceased to be a** Leader of the Opposition 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 Leader of the Opposition on that date for all the purposes of this Act. 1[9A.Exemption from liability to pay income-tax on certain perquisites received by a Leader of **the Opposition.—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 Leader of the Opposition under sub-section (1) of section 4 shall not be included in the computation of his income chargeable under the heading “Salaries” under section 15 of the Income-tax Act, 1961.] **10. Power to make rule.—(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 rates at which rent shall be payable by the family of a deceased Leader of the Opposition to the use of the furnished residence occupied by him under clause (b) of sub-section (2) of section 4; (b) the travelling and daily allowances admissible to a Leader of the Opposition under section 5; (c) the medical treatment admissible to a Leader of the Opposition and the members of his family under section 6; (d) the telephone and secretarial facilities admissible to a Leader of the Opposition and the conditions subject to which he shall be entitled to conveyance allowance under section 8; 2[(e) the advance payable to a Leader of the Opposition under section 8A.] (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. **11. [Amendment of Act 33 of 1977].—Rep. by the Repealing and Amending Act, 1988 (19 of 1988)** _s. 2 and the First Schedule (w.e.f. 31-3-1988)._ **12. [Amendment of Act 33 of 1977].—Rep. by s. 2 and the First Schedule, ibid. (w.e.f. 31-3-1988).** 1. Ins. by Act 78 of 1985, s. 4 (w.e.f. 26-12-1985). 2. Ins. by Act 7 of 1991, s. 4 (w.e.f. 1-10-1990). -----

18-Apr-1977

15

The Parliamentary Proceedings (Protection of Publication) Act, 1977

https://www.indiacode.nic.in/bitstream/123456789/2442/1/a1977-15.pdf

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# THE PARLIAMENTARY PROCEEDINGS (PROTECTION OF PUBLICATION) ACT, 1977 _____________ ARRANGEMENT OF SECTIONS __________ SECTIONS 1. Short title, extent and commencement. 2. Definition. 3. Publication of reports of Parliamentary proceedings privileged. 4. Act also to apply to Parliamentary proceedings broadcast by wireless telegraphy. ----- # THE PARLIAMENTARY PROCEEDINGS (PROTECTION OF PUBLICATION) ACT, 1977 ACT NO. 15 OF 1977 [18th April, 1977.] # An Act to protect the publication of reports of proceedings of Parliament. BE it enacted by Parliament in the Twenty-eighth Year of the Republic of India as follows:— **1. Short title, extent and commencement.—(1) This Act may be called the Parliamentary** Proceedings (Protection of Publication) Act, 1977. (2) It extends to the whole of India except the State of Jammu and Kashmir*. (3) It shall be deemed to have come into force on the 25th day of March, 1977. **2. Definition.—In this Act, “newspaper” means any printed periodical work containing public news** or comments on public news, and includes a news agency supplying material for publication in a newspaper. **3. Publication of reports of Parliamentary proceedings privileged.—(1) Save as otherwise** provided in sub-section (2), no person shall be liable to any proceedings, civil or criminal, in any court in respect of the publication in a newspaper of a substantially true report of any proceedings of either House of Parliament, unless the publication is proved to have been made with malice. (2) Nothing in sub-section (1) shall be construed as protecting the publication of any matter, the publication of which is not for the public good. **4. Act also to apply to Parliamentary proceedings broadcast by wireless telegraphy.—This Act** shall apply in relation to reports or matters broadcast by means of wireless telegraphy as part of any programme or service provided by means of a broadcasting station situate within the territories to which this Act extends as it applies in relation to reports or matters published in a newspaper. *. Vide Notification No. S.O. 3912 (E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu -----

3-Dec-1977

34

The Lady Hardinge Medical College and Hospital (Acquisition and Miscellaneous Provisions) Act, 1977

https://www.indiacode.nic.in/bitstream/123456789/1623/3/a1977-34.pdf

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# THE LADY HARDINGE MEDICAL COLLEGE AND HOSPITAL (ACQUISITION) AND MISCELLANEOUS PROVISIONS ACT, 1977 ____________ ARRANGEMENT OF SECTIONS _________ CHAPTER I PRELIMINARY SECTIONS 1. Short title and commencement. 2. Definitions. CHAPTER II ACQUISITION OF LADY HARDINGE MEDICAL COLLEGE AND HOSPITAL 3. Lady Hardinge Medical College and Hospital to vest in Central Government. 4. Payment of amount. 5. Lady Hardinge Medical College and Hospital to be administered as Government institution. 6. Applicability of Act 2 of 1882 to Board of Administration. 7. Amount to be held for purposes of Scheme. CHAPTER III MANAGEMENT OF THE KALAVATI SARAN HOSPITAL 8. Kalavati Saran Hospital to be managed as Government institution. CHAPTER IV MISCELLANEOUS 9. Act to override all other enactments. 10. Provisions relating to officers and other employees of Lady Hardinge Medical College and Hospital and Kalavati Saran Hospital. 11. Effect of contracts, etc. 12. Contracts, in bad faith or detrimental to the interests of Lady Hardinge Medical College and Hospital and Kalavati Saran Hospital to be cancelled or varied. 13. Duty to deliver possession of property, etc. 14. Penalty. 15. Offences by companies. 16. Protection of action taken in good faith. 17. Cognizance of offences. 18. Indemnity. 19. Power to make rules. 1 ----- # THE LADY HARDINGE MEDICAL COLLEGE AND HOSPITAL (ACQUISITION) AND MISCELLANEOUS PROVISIONS ACT, 1977 ACT NO. 34 OF 1977 [3rd December, 1977.] # An Act to provide for the acquisition of the Lady Hardinge Medical College and Hospital and for the management of the Kalavati Saran Hospital, with a view to ensuring better facilities for higher medical education for women and medical facilities for women and children in the Union territory of Delhi and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Twenty-eighth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title and commencement.—(1) This Act may be called the Lady Hardinge Medical College** and Hospital (Acquisition) and Miscellaneous Provisions Act, 1977. (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) “appointed day” means the date on which this Act comes into force; (b) “Board of Administration” means the Board of Administration constituted by the Central Government under the Scheme; (c) “Board of Management” means the Board of Management of the Kalavati Saran Hospital, constituted by the Central Government; (d) “Fund” means the Lady Hardinge Hospital for Women and Children, Delhi, Fund established by the Scheme; (e) “Kalavati Saran Hospital” means the institution known as the Kalavati Saran Children’s Hospital, New Delhi, together with the dispensaries attached thereto and used in connection therewith, and includes all laboratories and libraries used in connection with, or as accessories to, or adjuncts of, the said Hospital; (f) “Lady Hardinge Medical College and Hospital” means the institutions known as the Lady Hardinge Medical College for Women, New Delhi, and the Lady Hardinge Hospital for Women and Children, New Delhi, together with the dispensaries attached thereto and used in connection therewith, and includes all lecture-rooms, museums, laboratories, libraries, hostels and boarding-houses used in connection with, or as accessories to, or adjuncts of, the said College of Hospital; (g) “Scheme” means the Scheme for the administration of the Fund settled by the Central Government under sub-section (1) of section 5 of the Charitable Endowments Act, 1890 (6 of 1890), and published with the notification of the Government of India, in the late Ministry of Health, No. F. 4-3(1) /53-MI, dated the 12th June, 1953, as amended by the notifications of the Government of India, in the late Ministry of Health, No. F. 4-77/56-MII, dated the 14th March, 1957 and No. F. 4-77/56-MII, dated the 17th April, 1957; (h) “Treasurer” means the Treasurer of Charitable Endowments for India, appointed under the Charitable Endowments Act, 1890 (6 of 1890). 1. 1st February, 1978, vide notification No. S. O. 188(E), dated 12th January, 1978, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 2 ----- CHAPTER II ACQUISITION OF LADY HARDINGE MEDICAL COLLEGE AND HOSPITAL **3. Lady Hardinge Medical College and Hospital to vest in Central Government.—(1) On the** appointed day, the Lady Hardinge Medical College and Hospital together with— (a) all lands, on which the Lady Hardinge Medical College and Hospital stands, and all other lands appurtenant thereto and all buildings, erections and fixtures on such lands; (b) all furniture, equipments, stores, apparatuses and appliances, drugs, moneys and other assets of the Lady Hardinge Medical College and Hospital; (c) all other properties and assets, movable and immovable including leases pertaining to the Lady Hardinge Medical College and Hospital, whether vested in the Treasurer of the Board of Administration or in any other person; and all rights, powers, authorities and privileges, cash balances, reserve funds, investments and all other rights and interests in, or in relation to, or arising out of, such property as were, immediately before the appointed day, in the ownership, possession, power or control of the Treasurer or the Board of Administration or any other person in charge of the management of the affairs of the Lady Hardinge Medical College and Hospital; and (d) all borrowings made by, or on behalf of, and all other liabilities and obligations of whatever kind, incurred in relation to, the Lady Hardinge Medical College and Hospital, and subsisting on the appointed day, shall stand transferred to, and shall vest absolutely in, the Central Government. (2) Every deed of gift, endowment, bequest or trust or other document in relation to all or any of the properties, and assets, referred to in sub-section (1), shall, as from the appointed day, be construed as if it were made or executed in favour of the Central Government. (3) Subject to the other provisions contained in this Act, any property, referred to in sub-section (1), which, by virtue of the provisions of that sub-section, has vested in the Central Government, shall, by force of such vesting, be freed and discharged from any trust, obligation, mortgage, charge, lien and other incumbrances affecting it, and any attachment, injunction or any decree or order of any court or tribunal restricting the use of such property in any manner shall be deemed to have been withdrawn. (4) Subject to the other provisions contained in this Act, any proceeding or cause of action, pending or existing immediately before the appointed day, by or against the Treasurer or the Board of Administration or any other person, in relation to the Lady Hardinge Medical College and Hospital, may, as from the appointed day, be continued and enforced by or against the Central Government as it might have been enforced by or against the Treasurer or the Board of Administration or such other person if this Act had not been enacted, and shall cease to be enforceable by or against the Treasurer or the Board of Administration or such other person. **4. Payment of amount.—(1) The Central Government shall give, in cash, to the Treasurer an amount** equivalent to the sum of rupees one lakh for the transfer to, and vesting in, the Central Government, under section 3, of the Lady Hardinge Medical College and Hospital. (2) The amount, referred to in sub-section (1), shall be paid within three months from the appointed day (hereafter in this section referred to as the specified period). (3) The amount, referred to in sub-section (1), if not paid within the specified period, shall carry interest at the rate of four per cent. per annum from the date of expiry of the specified period until the payment thereof. **5. Lady Hardinge Medical College and Hospital to be administered as Government** **institution.—On and from the appointed day, the Lady Hardinge Medical College and Hospital shall** be administered by the Central Government as a Government institution, and, in administering the properties transferred to and vested in it under section 3, regard shall be had to the purposes specified in the Scheme. 3 ----- **6. Applicability of Act 2 of 1882 to Board of Administration.—For the removal of doubts, it is** hereby declared that nothing in this Act shall be deemed to apply to any right accrued to, or any liability incurred by, the Board of Administration or any member thereof under the provisions of the Indian Trusts Act, 1882, in respect of anything done or omitted to be done by it or him during any period preceding the appointed day. **7. Amount to be held for purposes of Scheme.—(1) The amount paid under section 4 shall vest in** the Treasurer, and shall be held by him in the same manner as the Fund vested in him was held by him immediately before the appointed day. (2) The amount paid to the Treasurer under section 4 shall be administered by the Board of Administration in the same manner in which the Fund was administered by it, as if such amount were the Fund. CHAPTER III MANAGEMENT OF THE KALAVATI SARAN HOSPITAL **8. Kalavati Saran Hospital to be managed as Government institution.—(1) Notwithstanding** anything contained in any contract or instrument to the contrary, on and from the appointed day, the Kalavati Saran Hospital shall be managed by the Central Government as a Government institution. (2) In managing the Kalavati Saran Hospital as a Government institution, regard shall be had to the purposes for which that Hospital was set up in pursuance of the indenture, dated the 8th day of June, 1954, executed by Shri Ashok Saran, and the indenture, dated the 8th day of June, 1954, executed by Shri Raghbir Saran, in favour of the President of India. (3) On and from the appointed day, the Board of Management shall stand dissolved. CHAPTER IV MISCELLANEOUS **9. Act to override all other enactments.—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 instrument having effect by virtue of any law other than this Act or any decree or order of any court, tribunal or authority. **10. Provisions relating to officers and other employees of Lady Hardinge Medical College and** **Hospital and Kalavati Saran Hospital.—(1) Every officer or other employee, who, immediately before** the appointed day, is employed in, or in connection with the affairs of, the Lady Hardinge Medical College and Hospital, or, as the case may be, the Kalavati Saran Hospital, shall become, as from the appointed day, an officer or other employee, as the case may be, of the Central Government, and shall hold his office 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, if this Act had not been enacted, and shall continue to do so unless and until his employment under the Central Government is duly terminated or until his remuneration, terms and conditions duly altered by the Central Government: Provided that, if the alteration so made is not acceptable to any such officer or other employee, his employment may be terminated by the Central Government on payment to him of an amount equivalent to three months’ remuneration in the case of permanent employees and one month’s remuneration in the case of other employees: Provided further that nothing contained in this sub-section shall apply to any officer or other employee who has, by notice in writing given to the Central Government within thirty days next following the appointed day, intimated his intention of not becoming an officer or other employee of the Central Government. (2) 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 employee, employed in, or in connection with the affairs of, the Lady Hardinge Medical College and Hospital or 4 ----- the Kalavati Saran Hospital to the Central Government shall not entitle any such officer or other employee to any compensation under that Act, or any other law, and no such claim shall be entertained by any court, tribunal or other authority. (3) For the persons who, immediately before the appointed day, were the trustees for any person, provident or gratuity fund or any other like fund constituted for the officers or other employees of the Lady Hardinge Medical College and Hospital and the Kalavati Saran Hospital, there shall be substituted as trustees such persons as the Central Government may, by general or special order, specify. **11. Effect of contracts, etc.—(1) 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 Board of Administration or, as the case may be, the Board of Management, or any person on behalf of the Board of Administration or, as the case may be, the Board of Management, is a party, or which are in favour of the Board of Administration or, as the case may be, Board of Management, shall, in so far as they relate to any purpose, or affairs, of the Lady Hardinge Medical College and Hospital, or, as the case may be, the Kalavati Saran Hospital, be of as full force and effect against, or in favour of, the Central Government, and may be enforced or acted upon as full and effectually as if in place of the Board of Administration or, as the case may be, the Board of Management, the Central Government had been a party thereto or as if they had been issued in favour of the Central Government. (2) If, on the appointed day, any suit, appeal or other proceeding of whatever nature in relation to the Lady Hardinge Medical College and Hospital, or, as the case may be, the Kalavati Saran Hospital, or any affair of the Lady Hardinge Medical College and Hospital or the Kalavati Saran Hospital, is pending by, or against, the Board of Administration or, as the case may be, the Board of Management or the Treasurer or any other person, the same shall not abate, be discontinued or be, in any way, prejudicially affected by reason of the transfer of the Lady Hardinge Medical College and Hospital to the Central Government or by reason of the assumption of management of the Kalavati Saran Hospital by the Central Government, or of anything contained in this Act; but the suit, appeal or other proceeding may be contained, prosecuted and enforced by or against the Central Government. **12. Contracts, in bad faith or detrimental to the interests of Lady Hardinge Medical College** **and Hospital and Kalavati Saran Hospital to be cancelled or varied.—(1) Notwithstanding anything** contained in section 11, the Central Government may, if satisfied after such inquiry as it may think fit, that any contract or agreement entered into before the appointed day between the Board of Administration or Board of Management or any member thereof, in relation to the Lady Hardinge Medical College and Hospital, or, as the case may be, the Kalavati Saran Hospital, or any affairs connected with the Lady Hardinge Medical College and Hospital or the Kalavati Saran Hospital, has been entered into in bad faith, or is detrimental to the interests of the Lady Hardinge Medical College and Hospital, or, as the case may be, the Kalavati Saran Hospital, it may make an order cancelling or varying (either unconditionally or subject to such conditions as it may think fit to impose for the purpose) such contract or agreement and thereafter the contract or agreement shall have effect accordingly: Provided that no contract or agreement shall be cancelled or varied except after giving to the parties to the contract or agreement a reasonable opportunity of being heard. (2) Any person aggrieved by an order made under sub-section (1), may make an application to the principal court of civil jurisdiction within the local limits of whose jurisdiction the Lady Hardinge Medical College and Hospital, or, as the case may be, the Kalavati Saran Hospital is situated, for the variation or reversal of such order and thereupon such court may confirm, modify or reverse such order. **13. Duty to deliver possession of property, etc.—(1) On the transfer to, and the vesting in, the** Central Government of the Lady Hardinge Medical College and Hospital, and on the assumption of the management of the Kalavati Saran Hospital by the Central Government,— (a) the Board of Administration, or, as the case may be, the Board of Management, and every person in whose possession, custody or control any property or asset specified in sub-section (1) of section 3, or any property or asset pertaining to the Kalavati Saran Hospital may be, shall deliver the same to such officer or other person as may be authorised by the Central Government in this behalf; 5 ----- (b) the Board of Administration or, as the case may be, the Board of Management, and every person who, immediately before such vesting or assumption, has in his possession, custody or control any books, documents or other papers relating to the Lady Hardinge Medical College and Hospital, or the Kalavati Saran Hospital, shall be liable to account for the said books, documents and papers to the Central Government and shall deliver them up to the Central Government or to such officer or other person as may be authorised by the Central Government in this behalf. (2) Without prejudice to the other provisions contained in this section, it shall be lawful for the Central Government to take all necessary steps for taking possession of all properties and assets which have been transferred to, and vested in, it under this Act, or in relation to which the management has been assumed by it under this Act. **14. Penalty.—Any person who,—** (a) having in his possession, custody or control any property held for the purposes of the Lady Hardinge Medical College and Hospital or the Kalavati Saran Hospital, wrongfully withholds such property from the Central Government; or (b) wrongfully obtains possession of, or retains, any property held for the purposes of the Lady Hardinge Medical College and Hospital, or the Kalavati Saran Hospital; or (c) willfully withholds or fails to furnish to the Central Government any books, documents or other papers relating to the Lady Hardinge Medical College and Hospital or the Kalavati Saran Hospital; or (d) fails to deliver to the Central Government any assets, books or other documents in his possession, custody or control relating to the Lady Hardinge Medical College and Hospital or the Kalavati Saran Hospital; or (e) wrongfully removes or destroys any property held for the purposes of the Lady Hardinge Medical College and Hospital or the Kalavati Saran Hospital; or (f) wrongfully uses any property held for the purposes of the Lady Hardinge Medical College and Hospital or the Kalavati Saran Hospital, shall by punishable with imprisonment for a term which may extend to two years, or with fine which may extend to ten thousand rupees, or with both. **15. Offences by companies.—(1) Where an offence under this Act has been committed by a** company, every person who, at the time the offence was committed, was in charge of, and was reasonable to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall 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. **16. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall** lie against the Central Government or any of its officers or other employees for anything which is in good faith done or intended to be done under this Act. 6 ----- **17. Cognizance of offences.—Notwithstanding anything contained in the Code of Criminal** Procedure, 1973 (2 of 1974), no court shall take cognizance of any offence under this Act except on a complaint, in writing, made by the Central Government or any officer authorised in this behalf by that Government. **18. Indemnity.—Every officer of the Central Government shall be indemnified by the Central** Government against all losses and expenses incurred by him in, or in relation to, the discharge of his duties under this Act except such as have been caused by his own wilful act or default. **19. 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. 7 -----

31-Mar-1978

14

The Interest Act, 1978

https://www.indiacode.nic.in/bitstream/123456789/1724/1/a1978-14.pdf

central

# THE INTEREST ACT, 1978 _________ ARRANGEMENT OF SECTIONS _________ SECTIONS 1. Short title, extent and commencement. 2. Definitions. 3. Power of court to allow interest. 4. Interest payable under certain enactments. 5. Section 34 of the Code of Civil Procedure, 1908 to apply. 6. Repeal and saving. 1 ----- # THE INTEREST ACT, 1978 ACT NO. 14 OF 1978 [31st March, 1978.] # An Act to consolidate and amend the law relating to the allowance of interest in certain cases. BE it enacted by Parliament in the Twenty-ninth Year of the Republic of India as follows:— **1. Short title, extent and commencement.—(1) This Act may be called the Interest Act, 1978.** (2) It extends to the whole of India except the State of Jammu and Kashmir*. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “court” includes a tribunal and an arbitrator; (b) “current rate of interest” means the highest of the maximum rates at which interest may be paid on different classes of deposits (other than those maintained in savings account or those maintained by charitable or religious institutions) by different classes of scheduled banks in accordance with the directions given or issued to banking companies generally by the Reserve Bank of India under the Banking Regulation Act, 1949 (10 of 1949). _Explanation.—In this clause, “scheduled bank” means a bank, not being a co-operative bank,_ transacting any business authorised by the Banking Regulation Act, 1949 (10 of 1949); (c) “debt” means by liability for an ascertained sum of money and includes a debt payable in kind, but does not include a judgment debt; (d) “personal injuries” includes any disease and any impairment of a person’s physical or mental condition; (e) all other words and expressions used herein but not defined and defined in the Reserve Bank of India Act, 1934 (2 of 1934), shall have the meanings respectively assigned to them in that Act. **3.** **Power of court to allow interest.—(1) In any proceedings for the recovery of any debt or** damages or in any proceedings in which a claim for interest in respect of any debt or damages already paid is made, the court may, if it thinks fit, allow interest to the person entitled to the debt or damages or to the person making such claim, as the case may be, at a rate not exceeding the current rate of interest, for the whole or part of the following period, that is to say,— (a) if the proceedings relate to a debt payable by virtue of a written instrument at a certain time, then, from the date when the debt is payable to the date of institution of the proceedings; (b) if the proceedings do not relate to any such debt, then, from the date mentioned in this regard in a written notice given by the person entitled or the person making the claim to the person liable that interest will be claimed, to the date of institution of the proceedings: Provided that where the amount of the debt or damages has been repaid before the institution of the proceedings, interest shall not be allowed under this section for the period after such repayment. (2) Where, in any such proceedings as are mentioned in sub-section (1),— (a) judgment, order or award is given for a sum which, apart from interest on damages, exceeds four thousand rupees, and (b) the sum represents or includes damages in respect of personal injuries to the plaintiff or any other person, or in respect of a person’s death, then, the power conferred by that sub-section shall be exercised so as to include in that sum interest on those damages or on such part of them as the court considers appropriate for the whole or part of the period from the date mentioned in the notice to the date of institution of the proceedings, unless the court is satisfied that there are special reasons why no interest should be given in respect of those damages. *. 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 ----- (3) Nothing in this section,— (a) shall apply in relation to— (i) any debt or damages upon which interest is payable as of right, by virtue of any agreement; or (ii) any debt or damages upon which payment of interest is barred, by virtue of an express agreement; (b) shall affect— (i) the compensation recoverable for the dishonour of a bill of exchange, promissory note or cheque, as defined in the Negotiable Instruments Act, 1881 (26 of 1881); or (ii) the provisions of rule 2 of Order II of the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908); (c) shall empower the court to award interest upon interest. **4. Interest payable under certain enactments.—(1) Notwithstanding anything contained in section** 3, interest shall be payable in all cases in which it is payable by virtue of any enactment or other rule of law or usage having the force of law. (2) Notwithstanding as aforesaid, and without prejudice to the generality of the provisions of sub section (1), the court shall, in each of the following cases, allow interest from the date specified below to the date of institution of the proceedings at such rate as the court may consider reasonable, unless the court is satisfied that there are special reasons why interest should not be allowed, namely:— (a) where money or other property has been deposited as security for the performance of an obligation imposed by law or contract, from the date of the deposit; (b) where the obligation to pay money or restore any property arises by virtue of a fiduciary relationship, from the date of the cause of action; (c) where money or other property is obtained or retained by fraud, from the date of the cause of action; (d) where the claim is for dower or maintenance, from the date of the cause of action. **5. Section 34 of the Code of Civil Procedure, 1908 to apply.—Nothing in this Act shall affect the** provisions of section 34 of the Code of Civil Procedure, 1908 (5 of 1908). **6.** **Repeal and saving.—(1) As from the commencement of this Act, the Interest** Act, 1839 (32 of 1839) and any other law corresponding thereto in force in any State immediately before such commencement shall stand repealed. (2) The provisions of this Act shall not apply to any suit or other legal proceeding pending at the commencement of this Act and the provisions of the corresponding law applicable immediately before such commencement shall, notwithstanding the repeal of such law by sub-section (1), continue to apply to such suit or other legal proceeding. (3) The mention of particular matters in sub-section (2) shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act, 1897 (10 of 1897), with regard to the effect of repeal. 3 -----

30-Apr-1978

16

The Public Sector Iron and Steel Companies (Restructuring) and Miscellaneous Provisions Act, 1978

https://www.indiacode.nic.in/bitstream/123456789/1707/1/197816.pdf

central

# THE PUBLIC SECTOR IRON AND STEEL COMPANIES (RESTRUCTURING) AND MISCELLANEOUS PROVISIONS ACT, 1978 _________ # ARRANGEMENT OF SECTIONS __________ CHAPTER I PRELIMINARY SECTIONS 1. Short title and commencement. 2. Definitions. 3. “Undertaking”— meaning of. CHAPTER II DISSOLUTION, TRANSFER AND VESTING OF UNDERTAKINGS OF CERTAIN COMPANIES 4. Dissolution, transfer and vesting of undertakings of certain companies in Integral Company. 5. Transfer and vesting of Kiriburu Iron Ore Mines, etc., in Integral Company. 6. Transfer and vesting of Refractory Plant, etc., in the Bharat Refractories Limited. 7. Transfer of immovable properties of Hindustan Steel Limited to Metallurgical and Engineering Consultants (India) Limited. CHAPTER III TRANSFER OF SHARES 8. Transfer of shares held by Bokaro Steel Limited to Central Government. 9. Transfer of shares held by Integral Company to Central Government. 10. Transfer of shares held by Integral Company to Bharat Refractories Limited. 11. Transfer of shares held by Central Government to Integral Company. 12. Central Government, etc., deemed to be registered in the register of members of companies. 13. Power of Central Government to modify amount of paid-up share capital of Integral Company, etc., and issue of shares. CHAPTER IV PROVISIONS RELATING TO OFFICERS AND EMPLOYEES 14. Provisions relating to officers and other employees of dissolved companies. 15. Provisions relating to officers and employees of transferred units. 16. Provisions relating to directors. 17. Provision relating to auditors. 18. Compensation for transfer not payable. 19. Provident Fund. 20. Gratuity, welfare and other funds. CHAPTER V FINANCIAL PROVISIONS 21. Provisions with respect to income-tax and surtax. 22. Taxes, fees and other charges not payable. CHAPTER VI MISCELLANEOUS 23. Saving of contracts, etc. 24. Saving of legal proceedings. 25. Power to remove difficulties. 26. Act to override the provisions of other laws. 27. Power to amend memorandum and articles of association. THE FIRST SCHEDULE. THE SECOND SCHEDULE. ----- # THE PUBLIC SECTOR IRON AND STEEL COMPANIES (RESTRUCTURING) AND MISCELLANEOUS PROVISIONS ACT, 1978 ACT NO.16 OF 1978 [30th April, 1978.] # An Act to provide for restructuring of the iron and steel companies in the public sector so as to secure better management and greater efficiency in their working and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Twenty-ninth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title and commencement.—(1) This Act may be called the Public Sector Iron and Steel** Companies (Restructuring) and Miscellaneous Provisions Act, 1978. (2) It shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette, appoint. **2. Definitions.—(1) In this Act, unless the context otherwise requires,—** (a) “appointed day” means the date on which this Act comes into force; (b) “Companies Act” means the Companies Act, 1956 (1 of 1956); (c) “corresponding unit”, in relation to— (i) the Integral Company, means that unit of the Integral Company which corresponds to the unit of the dissolved company or the transferred company in which the concerned officer or other employee was holding office before the transfer of the said unit; (ii) a transferee company, means that unit of a transferee company which corresponds to the unit of the dissolved company in which the concerned officer or other employee was holding office before the transfer of the said unit; (d) “dissolved company” means a company specified in the First Schedule; (e) “Integral Company” means the Steel Authority of India Limited, a company formed and registered under the Companies Act having its registered office at New Delhi; (f) “transferee company” means the company to which the undertakings of a dissolved company or of a transferred unit, as the case may be, stand transferred by virtue of the provisions of this Act; (g) “transferred company” means,— (i) Metallurgical and Engineering Consultants (India) Limited, a company formed and registered under the Companies Act having its registered office at Ranchi in the State of Bihar; (ii) National Mineral Development Corporation Limited, a company formed and registered under the Companies Act having its registered office at Hyderabad in the State of Andhra Pradesh; (iii) Hindustan Steelworks Construction Limited, a company formed and registered under the Companies Act having its registered office at Calcutta in the State of West Bengal; (iv) Bharat Refractories Limited, a company formed and registered under the Companies Act having its registered office at Bokaro Steel City in the State of Bihar; or (v) India Firebricks and Insulation Company Limited, a company formed and registered under the Companies Act having its registered office at Bombay in the State of Maharashtra; 1. 1st May, 1978, vide notification No. S.O. 291(E), dated 30th April, 1978, see Gazette of India, Extraordinary, Part II, sec. 3(ii). ----- (h) “transferred unit” means,— (i) Kiriburu Iron Ore Mines, a unit of the National Mineral Development Corporation Limited; or (ii) Meghahatuburu Iron Ore Project, a unit of the National Mineral Development Corporation Limited; (iii) Ramgarh Refractory Plant, a unit of the Hindustan Steel Limited (situated near Ramgarh in the State of Bihar); (iv) Refractory Project, a unit of the Hindustan Steel Limited (situated at Bhilai in the State of Madhya Pradesh); or (v) Sillimanite Mines, a unit of the Hindustan Steel Limited (situated in the State of Meghalaya). (2) Words and expressions used herein and not defined but defined in the Companies Act have the meaning respectively assigned to them in that Act. **3. “Undertaking”— meaning of.—For the purposes of this Act, the undertaking of a dissolved** company or of a transferred unit shall be deemed to include all assets, rights, leaseholds (including mining leases, if any), industrial or other licences, powers, authorities and privileges and all property, movable and immovable, including lands, buildings, works, mines, workshops, projects, smelters, stores, instruments, machinery, automobiles and other vehicles, cash or bank balances, cash in hand, investments, and book debts and all other rights and interests in, or arising out of, such property as were immediately before the appointed day in the ownership, possession, power or control of the dissolved company or the transferred unit, as the case may be (whether within or without India), and all books of account, registers maps, drawings, records of survey and all other documents of whatever nature relating thereto, and shall also be deemed to include all borrowings, liabilities and obligations of whatever kind of the dissolved company or the transferred unit. _Explanation.—Reference in this section to an undertaking of a transferred unit shall be deemed to be_ a reference to so much of the undertaking of the company of which that forms a unit as is relatable to it as if it were a separate company. CHAPTER II DISSOLUTION, TRANSFER AND VESTING OF UNDERTAKINGS OF CERTAIN COMPANIES **4. Dissolution, transfer and vesting of undertakings of certain companies in Integral** **Company.—On the appointed day, the companies specified in the First Schedule shall stand dissolved** and, subject to the provisions of sections 6 and 7, all the undertakings of such companies shall stand transferred to, and vest in the Integral Company. **5. Transfer and vesting of Kiriburu Iron Ore Mines, etc., in Integral Company.—On the** appointed day, the undertakings of the following transferred units shall stand transferred to, and vest in, the Integral Company, namely:— (a) Kiriburu Iron Ore Mines, a unit of the National Mineral Development Corporation Limited, and (b) Meghahatuburu Iron Ore Project, a unit of the National Mineral Development Corporation Limited. **6. Transfer and vesting of Refractory Plant, etc., in the Bharat Refractories Limited.—(1) On** the appointed day, the undertakings of the following transferred units shall stand transferred to, and vest in, the Bharat Refractories Limited, namely:— (a) Ramgarh Refractory Plant of the Hindustan Steel Limited (situated near Ramgarh in the State of Bihar), (b) Sillimanite Mines of the Hindustan Steel Limited (situated in the State of Meghalaya), and ----- (c) Refractory Project of the Hindustan Steel Limited (situated at Bhilai in the State of Madhya Pradesh). (2) Notwithstanding anything contained in the Companies Act, as from the appointed day, the registered office of the Bharat Refractories Limited may remain at Bokaro Steel City or be transferred to Ranchi. **7. Transfer of immovable properties of Hindustan Steel Limited to Metallurgical and** **Engineering Consultants (India) Limited.—On the appointed day, the right, title and interest of the** Hindustan Steel Limited in the immovable properties owned by it in Ranchi District of the State of Bihar, together with liabilities and obligations in relation thereto, shall stand transferred to, and vest in, the Metallurgical and Engineering Consultants (India) Limited. CHAPTER III TRANSFER OF SHARES **8. Transfer of shares held by Bokaro Steel Limited to Central Government.—On the appointed** day, all the shares held by the Bokaro Steel Limited in the share capital of the Bharat Refractories Limited shall stand transferred to, and vest in, the Central Government. **9. Transfer of shares held by Integral Company to Central Government.—On the appointed day,** all the shares held by the Integral Company in the share capital of each of the companies specified in the Second Schedule shall stand transferred to, and vest in, the Central Government. **10. Transfer of shares held by Integral Company to Bharat Refractories Limited.—On the** appointed day, all the shares held by the Integral Company in the share capital of the India Firebricks and Insulation Company Limited (a company formed and registered under the Companies Act having its registered office at Bombay in the State of Maharashtra) shall stand transferred to, and vest in, the Bharat Refractories Limited. **11. Transfer of shares held by Central Government to Integral Company.—On the appointed** day, all the shares held by the Central Government in the share capital of the Indian Iron and Steel Company Limited (a company under the Companies Act having its registered office at Calcutta in the State of West Bengal) shall stand transferred to, and vest in, the Integral Company. **12. Central Government, etc., deemed to be registered in the register of members of** **companies.—The Central Government, the Bharat Refractories Limited or the Integral Company, as the** case may be, shall be deemed, as from the appointed day, to have been registered in the register of members of the companies concerned as the holder of each share which stands transferred to, and vested in, each of them by virtue of the provisions of section 8, 9, 10 or 11, as the case may be. **13. Power of Central Government to modify amount of paid-up share capital of Integral** **Company, etc., and issue of shares.—(1) The Central Government may, from time to time, by order** published in the Official Gazette, specify the amount by which the paid-up share capital of the Integral Company, the Bharat Refractories Limited, the Metallurgical and Engineering Consultants (India) Limited, and the National Mineral Development Corporation Limited shall stand reduced or increased as a result of transfer of shares, undertakings or immovable properties, as the case may be, under the provisions of this Act. (2) In specifying the amount under sub-section (1), the Central Government shall have regard to the following factors, namely:— (i) the book value of shares referred to in section 8, 9, 10 or 11, as the case may be, of the concerned company, on the appointed day, (ii) the net value of the undertakings of the dissolved company and transferred unit, as on the appointed day, and (iii) the book value of the immovable properties owned by the Hindustan Steel Limited referred to in section 7, as on the appointed day, as are transferred to or from the companies referred to in sub-section (1). ----- (3) Every order made under sub-section (1) shall be made within a period of one year from the appointed day and any such order may take effect prospectively or retrospectively, but not with effect from a date earlier than the appointed day. (4) Any order made by the Central Government under this section may include a direction for the issue or cancellation of appropriate number of shares so as to give effect to the provisions of this Act. CHAPTER IV PROVISIONS RELATING TO OFFICERS AND EMPLOYEES **14. Provisions relating to officers and other employees of dissolved companies.—(1) Every** officer (not being a director) or other employee holding office immediately before the appointed day in a dissolved company in relation to any undertaking of such company, other than an officer or other employee holding such office in relation to transferred units referred to in section 6, shall, as from the appointed day, continue to hold office as such in the corresponding unit of the Integral Company by the same tenure and upon the same terms and conditions of service and with the same rights and privileges as to retirement benefits as would have been admissible to him if the company in which he was holding office had not been dissolved and shall continue to do so unless and until such tenure and terms and conditions are duly altered by the Integral Company. (2) Notwithstanding anything contained in sub-section (1), rules relating to the conditions of service and Standing Orders applicable to the officers or other employees referred to in sub-section (1), as immediately before the appointed day, shall continue to apply unless and until they are duly altered by the Integral Company or other authority, as the case may be. **15. Provisions relating to officers and employees of transferred units.—(1) Every officer or other** employee holding office immediately before the appointed day in the transferred unit shall, as from the appointed day, continue to be an officer or other employee of the corresponding unit of the transferee company by the same tenure and upon the same terms and conditions of service and with the same rights and privileges as to retirement benefits as would have been admissible to him if the transferred unit in which he was holding office had not been transferred and shall continue to do so unless and until such tenure and terms and conditions are duly altered by the transferee company. (2) Notwithstanding anything contained in sub-section (1), rules relating to the conditions of service and Standing Orders applicable to the officers or other employees referred to in sub-section (1), as immediately before the appointed day, shall continue to apply unless and until they are duly altered by the transferee company or other authority, as the case may be. **16. Provisions relating to directors.—(1) Every person holding office as a director of a dissolved** company immediately before the appointed day shall, on that day, cease to hold office as such director. (2) Every person, being a director in whole-time employment of a dissolved company, immediately before the appointed day, shall continue to be an employee of the corresponding unit of the Integral Company with such designation and on such terms and conditions as may be determined by the Integral Company. **17. Provision relating to auditors.—Every person appointed under section 619 of the Companies** Act as an auditor of a dissolved company or of a transferred unit, holding office immediately before the appointed day, may continue to hold office as such auditor in the corresponding unit of the Integral Company or of any other transferee company, as the case may be, for the duration for which he was so appointed, on the same terms and conditions as were applicable to him immediately before the appointed day. **18. Compensation for transfer not payable.—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 services of any officer or other employee shall not entitle such officer or other employee to any compensation under that Act or under any other law for the time being in force and no claim for such compensation shall be entertained by any court, tribunal or other authority. ----- **19. Provident Fund.—Where a provident fund has been established by a dissolved company or any** other company in respect of a transferred unit for the benefit of the employees and the same stands vested in a trust, the moneys and other assets standing to the credit of each provident fund shall continue to be held in trust with the same objects as were applicable before the appointed day and the trustees of such trusts immediately before the appointed day shall, subject to the provisions of the trust deeds and the rules relating to such trusts, continue to function as trustees in respect of such provident fund of the corresponding unit of the Integral Company or of other transferee company, as the case may be, as if this Act had not been passed: Provided that the right to nominate trustees and other rights relating to the trusts vested in the dissolved company or other company in respect of the transferred unit, as the case may be, shall vest in the Integral Company or other transferee company, as the case may be. **20. Gratuity, welfare and other funds.—Where any gratuity, welfare or other fund has been** established by a dissolved company or any other company in respect of a transferred unit for the benefit of its employees and is in existence immediately before the appointed day, all moneys and other assets standing to the credit of or relatable to such gratuity, welfare or other fund shall vest in the corresponding unit of the Integral Company or other transferee company, as the case may be. CHAPTER V FINANCIAL PROVISIONS **21. Provisions with respect to income-tax and surtax.—(1) The Integral Company shall be liable to** pay any sum under the provisions of the Income-tax Act or the Companies (Profits) Surtax Act which any dissolved company would have been liable to pay if the dissolution had not taken place, in the like manner and to the same extent as the dissolved company. (2) For the purpose of making an assessment of the income or, as the case may be, the chargeable profits of any dissolved company any for the purpose of levying any sum in accordance with the provisions of sub-section (1),— (a) any proceeding taken against any dissolved company before the appointed day shall be deemed to have been taken against the Integral Company and may be continued against the Integral Company from the stage at which it stood immediately before the appointed day; (b) any proceeding which could have been taken against any dissolved company if the dissolution had not taken place, may be taken against the Integral Company; and (c) all the provisions of the Income-tax Act or, as the case may be, the Companies (Profits) Surtax Act shall apply accordingly. (3) The assessment of the income or, as the case may be, the chargeable profits of the previous year of any dissolved company in which the dissolution took place up to the appointed day shall be made as if such dissolution had not taken place, and all the provisions of the Income-tax Act and the Companies (Profits) Surtax Act shall, so far as may be, apply accordingly. (4) The transfer to, and vesting in, of the undertaking of any dissolved company in the Integral Company under the provisions of this Act shall be deemed to be an amalgamation in relation to such companies and the provisions of the Income-tax Act shall, so far as may be, apply accordingly as if references in the said Act to the amalgamating company and the amalgamated company were references to the dissolved company and the Integral Company respectively. (5) Where any capital asset forming part of any undertaking belonging to the transferred unit or, as the case may be, the Hindustan Steel Limited is, in pursuance of section 5 or section 6 or section 7, transferred to, and vests in, the Integral Company or the Bharat Refractories Limited or, as the case may be, the Metallurgical and Engineering Consultants (India) Limited, such capital asset shall be deemed to have been transferred in a scheme of amalgamation and the provisions of the Income-tax Act shall, so far as may be, apply accordingly as if references in the said Act to the amalgamating company were references to the transferred unit or, as the case may be, the Hindustan Steel Limited and the references to the amalgamated company, being an Indian company, were references to the Integral Company or the Bharat Refractories Limited or, as the case may be, the Metallurgical and Engineering Consultants (India) Limited. ----- (6) The accumulated loss and the unabsorbed depreciation, if any, of any dissolved company shall be deemed to be the loss or, as the case may be, allowance for depreciation of the Integral Company for the previous year in which the undertaking of the dissolved company vested in the Integral Company, and the provisions of the Income-tax Act relating to set off and carry forward of loss and allowance for depreciation shall apply accordingly. (7) The provisions of sub-sections (1) to (6) shall have effect notwithstanding anything to the contrary contained in the Income-tax Act or the Companies (Profits) Surtax Act. _Explanation.—For the purposes of this section,—_ (a) “Income-tax Act” means the Income-tax Act, 1961 (43 of 1961); (b) “Companies (Profits) Surtax Act” means the Companies (Profits) Surtax Act, 1964 (7 of 1964); (c) words and expressions used in this section and not defined in this Act but defined in the Income-tax Act or the Companies (Profits) Surtax Act shall have the meanings respectively assigned to them in the said Acts. **22. Taxes, fees and other charges not payable.—For the removal of doubts, it is hereby declared** that no taxes, duties, fees or other charges of whatever nature (including registration charges), shall be payable in respect of any transfer of shares or transfer of any undertakings or transfer of any immovable property under the provisions of this Act. CHAPTER VI MISCELLANEOUS **23. Saving of contracts, etc.—(1) All contracts, deeds, bonds, agreements and other instruments of** whatever nature to which the dissolved company is a party subsisting or having effect immediately before the appointed day, shall, as from that day, be of full force and effect against, or in favour of the Integral Company or other transferee company, as the case may be, and may be enforced as fully and effectually as if, instead of the dissolved company, the Integral Company or other transferee company had been a party thereto. (2) All contracts, deeds, bonds, agreements and others instruments of whatever nature to which the company in respect of a transferred unit is a party if and in so far as it relates to matters pertaining to the undertakings of the transferred unit, subsisting or having effect immediately before the appointed day, shall, as from that day, be of full force and effect against, or in favour of the Integral Company or other transferee company, as the case may be, and may be enforced as fully and effectually as if, instead of such company, the Integral Company or other transferee company had been a party thereto. **24. Saving of legal proceedings.—If, on the appointed day, there is pending any suit, arbitration,** appeal or other legal proceeding of whatever nature by or against a dissolved company, the same shall not abate, be discontinued or be in any way prejudicially affected by reason of the transfer under the provisions of this Act to the Integral Company or any other transferee company, as the case may be, of the undertakings of the dissolved company or of anything contained in this Act, but the suit, arbitration, appeal or other proceeding may be continued, prosecuted and enforced by or against the Integral Company or other transferee company, as the case may be, in the same manner and to the same extent as it would or might have been continued, prosecuted and enforced by or against the dissolved company if this Act had not been passed. **25. Power to remove difficulties.—If any difficulty arises in giving effect to the provisions of this** Act, the Central Government may, by order, published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as appears to it to be necessary, 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 appointed day. ----- **26. Act to override the provisions of other laws.—The provisions of this Act or of any order made** thereunder shall have effect notwithstanding anything contained in the Companies Act or in any other law for the time being in force or in any contract, express or implied, or in any rules or regulations having effect by virtue of any law other than this Act. **27. Power to amend memorandum and articles of association.—(1) For the purpose of giving** effect to the provisions of this Act, the Central Government may, by notification in the Official Gazette, make amendments in the memorandum or articles of association, or both, of the Integral Company or other transferee company. (2) Any amendments in the memorandum or articles of association of the Integral Company or other transferee company made in pursuance of sub-section (1) shall have effect notwithstanding anything contained in the Companies Act. ----- THE FIRST SCHEDULE [See sections 2(1) (d) and 4] 1. Bhilai Ispat Limited, a company formed and registered under the Companies Act having its registered office at Bhilai in the State of Madhya Pradesh. 2. Bokaro Steel Limited, a company formed and registered under the Companies Act having its registered office at Bokaro Steel City in the State of Bihar. 3. Durgapur Mishra Ispat Limited, a company formed and registered under the Companies Act having its registered office at Durgapur in the State of West Bengal. 4. Hindustan Steel Limited, a company formed and registered under the Companies Act having its registered office at Ranchi in the State of Bihar. 5. Rourkela Ispat Limited, a company formed and registered under the Companies Act having its registered office at Rourkela in the State of Orissa. 6. SAIL International Limited, a company formed and registered under the Companies Act having its registered office at Calcutta in the State of West Bengal. 7. Salem Steel Limited, a company formed and registered under the Companies Act having its registered office at Salem in the State of Tamil Nadu. ----- THE SECOND SCHEDULE [See section 9] 1. Metallurgical and Engineering Consultants (India) Limited, a company formed and registered under the Companies Act having its registered office at Ranchi in the State of Bihar. 2. Hindustan Steelworks Construction Limited, a company formed and registered under the Companies Act having its registered office at Calcutta in the State of West Bengal. 3. National Mineral Development Corporation Limited, a company formed and registered under the Companies Act having its registered office at Hyderabad in the State of Andhra Pradesh. 4. Manganese Ore (India) Limited, a company formed and registered under the Companies Act having its registered office at Nagpur in the State of Maharashtra. 5. Mandovi Pellets Limited, a company formed and registered under the Companies Act having its registered office at Mormugao Harbour in the Union territory of Goa, Daman and Diu. -----

18-Aug-1978

30

The Coast Guard Act, 1978

https://www.indiacode.nic.in/bitstream/123456789/1734/1/197830.pdf

central

# THE COAST GUARD ACT, 1978 _________ # ARRANGEMENT OF SECTIONS __________ CHAPTER I PRELIMINARY SECTIONS 1. Short title and commencement. 2. Definitions. 3. Persons subject to this Act. CHAPTER II CONSTITUTION OF THE COAST GUARD AND CONDITIONS OF SERVICE OF THE MEMBERS OF THE COAST GUARD 4. Constitution of the Coast Guard. 5. Control, direction, etc. 6. Enrolment. 7. Liability for service outside India. 8. Oath of allegiance. 9. Resignation and withdrawal from the post. 10. Tenure of service under the Act. 11. Dismissal or removal by Central Government and by other officers. 12. Certificate of termination of service. 13. Restrictions respecting right to form association, freedom of speech, etc. CHAPTER III DUTIES AND FUNCTIONS OF THE COAST GUARD 14. Duties and functions of Coast Guard. CHAPTER IV OFFENCES 15. Correspondence, etc., with offenders. 16. Deserting post and neglect of duty. 17. Mutiny. 18. Persons on board ship or aircraft seducing Coast Guard personnel from allegiance. 19. Striking or threatening superior officers. 20. Disobedience to superior officer. 21. Ill-treating subordinates. 22. Quarrelling, fighting and disorderly behaviour. 23. Certain forms of disgraceful conduct. 24. Drunkenness. 25. Desertion and aiding desertion. 26. Breaking out of ship and absence without leave. 27. Losing ship or aircraft. 28. Dangerous unauthorised flying. 29. Inaccurate certificate. 30. Low flying and annoyance by flying. 31. Disobedience of lawful command of captain of an aircraft. ----- SECTIONS 32. False accusations. 33. Falsifying official documents and false declarations. 34. Offences in respect of property. 35. Damage to property. 36. Taking unauthorised goods on board. 37. Offences in respect of papers relating to vessel, craft or aircraft taken into custody. 38. Offences in respect of vessel, craft or aircraft taken into custody. 39. Unlawful taking of ransom. 40. Offences relating to Coast Guard Courts. 41. Escape from custody. 42. Violation of the Act, rules and orders. 43. False answers on enrolment. 44. Offences against good order and discipline. 45. Attempt. 46. Abetment of offences that have been committed. 47. Abetment of offence punishable with death and not committed. 48. Abetment of offences punishable with imprisonment and not committed. 49. Civil offences. 50. Civil offences not triable by a Coast Guard Court. 51. Period of limitation for trial of offences under the Act. 52. Trial, etc., of a person who ceases to be subject to the Act. CHAPTER V PUNISHMENTS 53. Punishments awardable by Coast Guard Courts. 54. Alternative punishments awardable by Coast Guard Courts. 55. Combination of punishments. 56. Punishments otherwise than by Coast Guard Courts. 57. Minor punishments. 57A. Punishment for officers below the rank of Commandant. 58. Provisions as to award of punishments. CHAPTER VI ARREST AND PROCEEDINGS BEFORE TRIAL 59. Custody of offenders. 60. Duty of Commanding Officer in regard to detention. 61. Arrest by civil authorities. 62. Capture of deserters. 63. Coast Guard police officers. CHAPTER VII COAST GUARD COURTS 64. Power to convene a Coast Guard Court. 65. Composition of Coast Guard Courts. 66. Dissolution of a Coast Guard Court. 67. Powers of a Coast Guard Court. 68. Prohibition of second trial. 69. Application of Act during term of sentence. ----- SECTIONS 70. Place of trial. 71. Choice between criminal court and Coast Guard Court. 72. Power of criminal court to require delivery of an offender. CHAPTER VIII PROCEDURE OF COAST GUARD COURTS 73. Law Officer. 74. Challenges. 75. Oaths of member, Law Officer and witness. 76. Voting by members. 77. General rule as to evidence. 78. Judicial notice. 79. Summoning of witnesses. 80. Documents exempted from production. 81. Commissions for examination of witnesses. 82. Examination of a witness on commission. 83. Alternative findings. 84. Presumption as to signatures. 85. Enrolment paper. 86. Presumption as to certain documents. 87. Evidence of previous convictions and general character. 88. Lunacy of accused. 89. Subsequent fitness of lunatic accused for trial. 90. Transmission to Central Government of orders under section 89. 91. Release of lunatic accused. 92. Delivery of lunatic accused to relatives. 93. Order for custody and disposal of property pending trial. 94. Order for disposal of property regarding which offence is committed. 95. Powers of Coast Guard Court in relation to proceedings under this Act. CHAPTER IX EXECUTION AND SUSPENSION OF SENTENCES 96. Form of sentence of death. 97. Interim custody until execution of sentence of death. 98. Execution of sentence of death. 99. Commencement of sentence of imprisonment or detention. 100. Execution of sentence of imprisonment. 101. Temporary custody of offender. 102. Conveyance of prisoner from place to place. 103. Communication of certain orders to prison officers. 104. Execution of Sentence of fine. 105. Informality or error in the order or warrant. 106. Imprisonment or detention of offender already under sentence. 107. Suspension of sentence of imprisonment or detention. 108. Release on suspension. 109. Computation of period of suspension. 110. Order after suspension. ----- SECTIONS 111. Reconsideration of case after suspension. 112. Fresh sentence after suspension. 113. Scope of power of suspension. 114. Effect of suspension and remission on dismissal. CHAPTER X CHIEF LAW OFFICER AND LAW OFFICERS 115. Appointment of Chief Law Officer and Law Officers. 116. Functions of Chief Law Officer. CHAPTER XI JUDICIAL REVIEW OF PROCEEDINGS OF COAST GUARD COURTS 117. Judicial review by the Chief Law Officer. 118. Consideration by the Director-General. CHAPTER XII MODIFICATION OF FINDINGS AND SENTENCES, PARDONS, COMMUTATION AND REMISSION OF SENTENCES 119. Petitions to Central Government or Director-General against findings and sentences. 120. Powers of Central Government and Director-General in respect of findings and sentences. CHAPTER XIII MISCELLANEOUS 121. Powers and duties conferrable and imposable on members of the Coast Guard. 122. Protection for acts of members of the Coast Guard. 123. Power to make rules. ----- # THE COAST GUARD ACT, 1978 ACT NO. 30 OF 1978 [18th August, 1978.] # An Act to provide for the constitution and regulation of an Armed Force of the Union for ensuring the security of the maritime zones of India with a view to the protection of maritime and other national interests in such zones and for matters connected therewith. BE it enacted by Parliament in the Twenty-ninth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title and commencement.—(1) This Act may be called the Coast Guard Act, 1978.** (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 Law Officer” and “Law Officer” mean, respectively, the Chief Law Officer and a Law Officer of the Coast Guard appointed under section 115; (b) “civil offence” means an offence which is triable by a criminal court; (c) “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; (d) “Coast Guard” means the Coast Guard constituted under this Act; (e) “Coast Guard Court” means a court convened under section 64; (f) “Coast Guard custody” means the arrest or confinement of a member of the Coast Guard according to rules; (g) “Commanding Officer”, when used in any provision of this Act with reference to any unit or ship of the Coast Guard, means the officer whose duty it is under the rules to discharge with respect to that unit or ship, the functions of a Commanding Officer in regard to matters of the description referred to in that provision; (h) “criminal court” means a court of ordinary criminal justice in any part of India; (i) “Deputy Inspector-General” means a Deputy Inspector-General of the Coast Guard appointed under section 5; (j) “Director-General” means the Director-General of the Coast Guard appointed under section 5; (k) “enrolled person” means a subordinate officer, sailor or other person enrolled under this Act; (l) “Inspector-General” means an Inspector-General of the Coast Guard appointed under section 5; (m) “maritime zones of India” means the territorial waters, the contiguous zone, the continental shelf, the exclusive economic zone or any other maritime zone of India; (n) “member of the Coast Guard” means an officer, a subordinate officer, a sailor or other enrolled person; (o) “notification” means a notification published in the Official Gazette; (p) “offence” means any act or omission punishable under this Act and includes a civil offence; 1. 19th August, 1978, vide notification No. S.R.O. 10(E), dated 18th August, 1978, see Gazette of India, Extraordinary, Part II, sec. 4. ----- (q) “officer” means a person appointed or in pay as an officer of the Coast Guard, but does not include a subordinate officer, sailor or other enrolled person; (r) “prescribed” means prescribed by rules made under this Act; (s) “rule” means a rule made under this Act; (t) “sailor” means a member of the Coast Guard other than an officer, a subordinate officer or other enrolled person; (u) “ship”, except in the expression “on board a ship”, means a Coast Guard vessel, and includes any establishment or station belonging to, or under the control of, the Coast Guard whether within or without India; (v) “skipper” means a subordinate officer in command of a ship; (w) “subordinate officer” means a person appointed or in pay as a Pradhan Adhikari, a Pradhan _Sahayak Engineer, an_ _Uttam Adhikari, an_ _Uttam Sahayak Engineer, an_ _Adhikari_ [1][, a _Sahayak_ Engineer or a Pradhan Yantrik] of the Coast Guard; (x) “superior officer”, when used in relation to a person subject to this Act, means any officer or subordinate officer— (i) who is senior to that person under the rules; or (ii) who is entitled under this Act or the rules to give a command to that person; (y) “territorial waters”, “contiguous zone”, “continental shelf” and “exclusive economic zone”, shall have the meanings respectively assigned to them in the Territorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976 (80 of 1976); (z) all words and expressions used and not defined in this Act but defined in the Indian Penal Code (45 of 1860) shall have the meanings assigned to them in that Code. **3. Persons subject to this Act.—(1) The following persons shall be subject to this Act, wherever** they may be, namely:— (a) officers; (b) subordinate officers and other persons enrolled under this Act; (c) persons who have, by a general or special order of the Central Government, been required to serve in a ship, to such extent and subject to such conditions as may be prescribed; and (d) persons ordered to be received, or being passengers, on board any ship or aircraft of the Coast Guard, to such extent and subject to such conditions as may be prescribed. (2) Every person referred to in clauses (a) and (b) of sub-section (1) shall remain so subject until he retires, or he is discharged, released, removed or dismissed from the Coast Guard in accordance with the provisions of this Act and the rules. CHAPTER II CONSTITUTION OF THE COAST GUARD AND CONDITIONS OF SERVICE OF THE MEMBERS OF THE COAST GUARD **4. Constitution of the Coast Guard.—(1) There shall be an armed force of the Union called the** Coast Guard for ensuring the security of the maritime zones of India with a view to the protection of maritime and other national interests in such zones. (2) Subject to the provisions of this Act, the Coast Guard shall be constituted in such manner as may be prescribed and the conditions of service of the members of the Coast Guard shall be such as may be prescribed. 1. Subs. by Act 44 of 2002, s. 2, for “or a Sahayak Engineer” (w.e.f. 12-8-2002). ----- **5. Control, direction, etc.—(1) The general superintendence, direction and control of the Coast** Guard shall vest in, and be exercised by, the Central Government and subject thereto, and to the provisions of this Act and the rules, the command and supervision of the Coast Guard shall vest in an officer to be appointed by the Central Government as the Director-General of the Coast Guard. (2) The Director-General shall, in the discharge of his duties under this Act, be assisted by such number of Inspectors-General, Deputy Inspectors-General, Commandant and such other officers as may be appointed by the Central Government. **6. Enrolment.—(1) The persons to be enrolled to the Coast Guard, the mode of enrolment and the** procedure for enrolment shall be such as may be prescribed. (2) Notwithstanding anything contained in this Act and the rules, every person who has, for a continuous period of three months, been in receipt of pay as a person enrolled under this Act and borne on the rolls of the Coast Guard shall be deemed to have been duly enrolled. **7. Liability for service outside India.—Every member of the Coast Guard shall be liable to serve in** any part of India as well as outside India. **8. Oath of allegiance.—Every member of the Coast Guard shall, as soon as may be, after** appointment or enrolment to the Coast Guard, make and subscribe before his Commanding Officer or other prescribed officer, an oath or affirmation in the prescribed form. **9. Resignation and withdrawal from the post.—No member of the Coast Guard shall be at** liberty— (a) to resign his appointment during the term of his engagement; or (b) to withdraw himself from all or any of the duties of his appointment, except with the previous permission in writing of the prescribed authority. **10. Tenure of service under the Act.—Every member of the Coast Guard shall hold office during** the pleasure of the President. **11. Dismissal or removal by Central Government and by other officers.—Subject to the** provisions of this Act and the rules— (a) the Central Government may dismiss or remove from service any member of the Coast Guard; (b) the Director-General or any Inspector-General may dismiss or remove from the Coast Guard any person other than an officer; (c) any prescribed officer not below the rank of a Deputy Inspector-General may dismiss or remove from the Coast Guard any person under his command other than an officer or a subordinate officer. **12. Certificate of termination of service.—An enrolled person who retires, or is discharged,** released, removed or dismissed from the Coast Guard or permitted to resign therefrom, shall be furnished by the officer, to whose command he is subject, with a certificate in the language which is the mother tongue of such person and also in Hindi or English language setting forth— (a) the authority terminating his service; (b) the reasons for such termination ; and (c) the full period of his service in the Coast Guard. **13. Restrictions respecting right to form association, freedom of speech, etc.—(1) No member of** the Coast Guard shall, without the previous sanction in writing of the Central Government or of the prescribed authority,— (a) be a member of, or be associated in any way with, any trade union, labour union, or political association; or ----- (b) be a member of, or be associated in any way with, any society, institution, association or organisation that is not recognised as part of the Coast Guard or is not of a purely social, recreational or religious nature; or (c) communicate with the press or publish or cause to be published any book, letter or other document except where such communication or publication is in the bona fide discharge of his duties or is of a purely literary, artistic or scientific character or is of a prescribed nature. _Explanation.—If any question arises whether any society, institution, association or organisation is of_ a purely social, recreational or religious nature under clause (b) of this sub-section, the decision of the Central Government thereon shall be final. (2) No member of the Coast Guard shall participate in, or address, any meeting or take part in any demonstration organised by any body of persons for any political purposes or for such other purposes as may be specified in this behalf by the Central Government. CHAPTER III DUTIES AND FUNCTIONS OF THE COAST GUARD **14. Duties and functions of Coast Guard.—(1) It shall be the duty of the Coast Guard to protect by** such measures, as it thinks fit, the maritime and other national interests of India in the maritime zones of India. (2) Without prejudice to the generality of the provisions of sub-section (1), the measures referred to therein may provide for— (a) ensuring the safety and protection of artificial islands, offshore terminals, installations and other structures and devices in any maritime zone; (b) providing protection to fishermen including assistance to them at sea while in distress; (c) taking such measures as are necessary to preserve and protect the maritime environment and to prevent and control marine pollution; (d) assisting the customs and other authorities in anti-smuggling operations; (e) enforcing the provisions of such enactments as are for the time being in force in the maritime zones; and (f) such other matters, including measures for the safety of life and property at sea and collection of scientific data, as may be prescribed. (3) The Coast Guard shall perform its functions under this section in accordance with, and subject to such rules as may be prescribed and such rules may, in particular, make provisions for ensuring that the Coast Guard functions in close liaison with Union agencies, institutions and authorities so as to avoid duplication of effort. CHAPTER IV OFFENCES **15. Correspondence, etc., with offenders.—Any person subject to this Act, who,—** (a) treacherously holds correspondence with, or communicates intelligence to, an offender; or (b) wilfully fails to make known to the proper authorities any information he may have received from an offender; or (c) assists the offender in any manner; or (d) having been captured by an offender, voluntarily serves with or aids him, shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned. ----- _Explanation.—For the purposes of this section, “offender” includes—_ (a) all armed mutineers, armed rebels, armed rioters, pirates and any person in arms against whom it is the duty of any person subject to this Act to take action ; and (b) any person or persons engaged in smuggling, unlawful exploration or exploitation or any other unlawful activity in the maritime zones of India. **16. Deserting post and neglect of duty.—Any person subject to this Act, who,—** (a) deserts his post; or (b) sleeps upon his watch; or (c) fails to perform, or negligently performs, the duty imposed on him; or (d) wilfully conceals any words, practice or design tending to the hindrance of the Coast Guard, shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned. **17. 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 person to cause any mutiny in the Coast Guard or 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 mutiny or of any such conspiracy, does not, without delay, give information thereof to his Commanding Officer or other superior officer; or (e) endeavours to seduce any person in the Coast Guard or in the military, naval or air forces of India or any forces co-operating therewith from his duty or allegiance to the Union, shall, on conviction by a Coast Guard Court, be liable to suffer death or such less punishment as is in this Act mentioned: Provided that a sentence of death awarded under this section shall not be carried out unless it is confirmed by the Central Government. **18. Persons on board ship or aircraft seducing Coast Guard personnel from allegiance.—Any** person not otherwise subject to this Act who, being on board any ship or aircraft belonging to or in the service of the Coast Guard endeavours to seduce any person subject to this Act from his allegiance to the Constitution or loyalty to the State or duty to his superior officers shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned. **19. 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; or (d) behaves with contempt to such officer, shall, on conviction by a Coast Guard Court, 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 offences specified in clauses (c) and (d), the imprisonment shall not exceed five years. ----- **20. 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 a Coast Guard Court, 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 a Coast Guard Court, 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. Ill-treating subordinates.—Any person subject to this Act who uses criminal force to or** otherwise ill-treats any other person subject to this Act, being his subordinate in rank or position, shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned. **22. Quarrelling, fighting and disorderly behaviour.—Any person subject to this Act, who,—** (a) quarrels, fights with or strikes any other person, whether such person is or is not subject to this Act; or (b) uses reproachful or provoking speeches or gestures tending to make a quarrel or disturbance; or (c) behaves in a disorderly manner, shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned. **23. 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 a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned. **24. Drunkenness.—(1) Any person subject to this Act, who is guilty of drunkenness shall, on** conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to six months or such less punishment as is in this Act mentioned. (2) For the purposes of sub-section (1), a person shall be deemed to be guilty of drunkenness if, owing to the influence of alcohol or any drug whether alone or in combination with any other circumstances, he is unfit to be entrusted with his duty or with any duty which he may be called upon to perform or behaves in a disorderly manner or in a manner likely to bring discredit to the Coast Guard. **25. Desertion and aiding desertion.—(1) Any person subject to this Act, who absents himself from** his ship or from the place where his duty requires him to be, with an intention of not returning to such ship or place, or who, at any time and under any circumstances when absent from his ship or place of duty does any act which shows that he has an intention of not returning to such ship or place is said to desert. ----- 1[(2) Every person who deserts or attempts to desert the Coast Guard shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned and in every such case he shall forfeit,— (a) all pay, salvage, prize money and allowances that have been earned by him; (b) pension and gratuity, medals and decorations that have been granted to him; and (c) all clothes and effects which he may have left on board the ship or the place from which he deserted, unless the Tribunal by which he is tried or the Central Government or the Director-General otherwise directs. _Explanation.—For the purposes of this sub-section, all pay, salvage, prize money and allowances_ shall be deemed to have been earned by a person when such pay, salvage, prize money and allowances have become due but have not been paid to him.] (3) Any person subject to this Act, who knowingly harbours any such deserter, shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this Act mentioned. **26. Breaking out of ship and absence without leave.—Any person subject to this Act, who without** being guilty of desertion improperly leaves his ship or place of duty or is absent without leave shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned, and shall also be punished by such mulcts of pay and allowances as may be prescribed. **27. Losing ship or aircraft.—(1) Any person subject to this Act who wilfully loses, strands or** hazards or suffers to be lost stranded or hazarded any ship belonging to or in the service of the Coast Guard, or loses or suffers to be lost any aircraft belonging to or in the service of the Coast Guard shall, on conviction by a Coast Guard Court, 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 negligently or by any default loses, strands or hazards or suffers to be lost, stranded or hazarded any ship belonging to or in the service of the Coast Guard, or loses or suffers to be lost any aircraft belonging to or in the service of the Coast Guard shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned. **28. Dangerous unauthorised flying.—Any person subject to this Act who is guilty of any act or** neglect in flying or in the use of any aircraft belonging to or in the service of the Coast Guard, or in relation to any such aircraft or aircraft material, which causes or is likely to cause loss of life or bodily injury to any person shall, on conviction by a Coast Guard Court,— (a) if he acts wilfully or with wilful neglect, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned; and (b) in any other case, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned. **29. Inaccurate certificate.—Any person subject to this Act who signs any certificate in relation to an** aircraft belonging to or in the service of the Coast Guard or to any material thereof without ensuring its accuracy shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned. **30. Low flying and annoyance by flying.—Any person subject to this Act, being the pilot of an** aircraft belonging to or in the service of the Coast Guard, who— (a) flies it at a height lower than the minimum height authorised by his Commanding Officer except while taking off or landing; or 1. Subs. by Act 44 of 2002, s. 3, for sub-section (2) (w.e.f. 12-8-2002). ----- (b) flies it so as to cause or likely to cause unnecessary annoyance to any person, shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned. **31. Disobedience of lawful command of captain of an aircraft.—Any person subject to this Act,** who while he is in an aircraft belonging to or in the service of the Coast Guard, disobeys any lawful command given by the captain of the aircraft whether such captain is subject to this Act or not, in relation to all matters relating to flying or handling of the aircraft or affecting the safety thereof, shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned. **32. 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 against any person subject to this Act makes any statement affecting the character of such person, knowing or having reason to believe such statement to be false or knowingly or wilfully suppresses any material facts, shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this Act mentioned. **33. Falsifying official documents and false declarations.—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 a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this Act mentioned. **34. 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 Coast Guard mess, or institution, or to any person subject to this Act; 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 damages 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 a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this Act mentioned. **35. Damage to property.—Any person subject to this Act, who commits any act which causes** damage to, or destruction of, any property of the Government shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned. **36. Taking unauthorised goods on board.—Every officer or subordinate officer in command of any** ship belonging to or in the service of the Coast Guard who receives on board or permits to be received on board such ship, any goods or merchandise whatsoever other than for the sole use of the ship or persons belonging to the ship, except goods and merchandise on board any ship which may be ship-wrecked or in imminent danger either on the high seas or in some port, creek or harbour for the purpose of preserving them for their proper owners, or except such goods or merchandise as he may, at any time be ordered to take or receive on board by order of the Central Government or his superior officer, shall, on conviction by a Coast Guard Court, be liable to suffer dismissal from the Coast Guard or such less punishment as is in this Act mentioned. **37. Offences in respect of papers relating to vessel, craft or aircraft taken into custody.—(1) All** the papers, charter parties, bills of lading, passports and other documents that shall be taken, seized or found on board any vessel, craft or aircraft taken into custody by the Coast Guard shall be duly preserved and the Commanding Officer or skipper shall send the same to his immediate superior. (2) Every Commanding Officer or skipper who fails to send the documents as required under sub-section (1) shall, on conviction by a Coast Guard Court, be liable to suffer dismissal from the Coast Guard or such less punishment as is in this Act mentioned. **38. Offences in respect of vessel, craft or aircraft taken into custody.—Any person subject to this** Act who commits any of the following offences, that is to say,— (a) takes out without proper authority from any vessel, craft or aircraft taken into custody, any money or goods; or (b) pillages, beats or ill-treats persons on board the said vessel, craft or aircraft; or (c) breaks bulk on board any such vessel, craft or aircraft with intent dishonestly to misappropriate anything therein or belonging thereto, shall, on conviction by a Coast Guard Court, 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. Unlawful taking of ransom.—Every Commanding Officer or skipper of a ship who,—** (a) unlawfully agrees with any person for the ransoming of any vessel, craft, aircraft, goods or things taken into custody by the Coast Guard; or (b) in pursuance of any unlawful agreement for ransoming or otherwise by collusion actually quits or restores any vessel, craft, aircraft, goods or things taken into custody by the Coast Guard, shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned. **40. Offences relating to Coast Guard Courts.—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 Coast Guard Court, wilfully or without reasonable excuse, makes default in attending; or ----- (b) refuses to take an oath or make an affirmation legally required by a Coast Guard Court to be taken or made; or (c) refuses to produce or deliver any document in his power or control legally required by a Coast Guard Court 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 a Coast Guard Court by using insulting or threatening language, or by causing any interruption or disturbance in the proceedings of such Court, shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this Act mentioned. **41. Escape from custody.—Any person subject to this Act who, being in lawful custody, escapes or** attempts to escape, shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this Act mentioned. **42. Violation of the Act, rules and orders.—Any person subject to this Act who neglects to obey, or** contravenes any provision of this Act or any rule or any order issued by any lawful authority under this Act, shall, if no other punishment is provided in this Act for such neglect or contravention, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned. **43. 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 a Coast Guard Court, 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. Offences against good order and discipline.—Any person subject to this Act who is guilty of** any act or omission or disorder or neglect, which, though not specified in this Act, is prejudicial to good order and discipline of the Coast Guard shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this Act mentioned. **45. Attempt.—Any person subject to this Act who attempts to commit any of the offences specified** in sections 15 to 44 (both inclusive) and in such attempt does any act towards the commission of the offence shall, on conviction by a Coast Guard Court, where no express provision is made by this Act for the punishment of such attempt, be liable,— (a) 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 (b) 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. **46. 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 15 to 44 (both inclusive), shall, on conviction by a Coast Guard Court, 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 imprisonment provided for that offence or such less punishment as is in this Act mentioned. **47. Abetment of offence punishable with death and not committed.—Any person subject to this** Act, who abets the commission of an offence punishable with death under section 17 shall, on conviction by a Coast Guard Court, if that offence be not committed in consequence of that 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. ----- **48. 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 15 to 44 (both inclusive) and punishable with imprisonment shall, on conviction by a Coast Guard Court, 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. **49. Civil offences.—Subject to the provisions of section 50, 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 Coast Guard Court, 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, he shall be liable to suffer any punishment, assigned for the offence, by the aforesaid law or such less punishment as is in this Act mentioned; and (b) in any other case, he shall be liable to suffer any punishment, 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. **50. Civil offences not triable by a Coast Guard Court.—A person subject to this Act who commits** an offence of murder or of culpable homicide not amounting to murder against, or of rape in relation to, a person not subject to this Act shall not be deemed to be guilty of an offence against this Act and shall not be tried by a Coast Guard Court, unless he commits any of the said offences,— (a) at any place outside India; or (b) at any place specified by the Central Government by notification in this behalf. **51. Period of limitation for trial of offences under the Act.—(1) No person unless he is an offender** who has avoided apprehension or escaped arrest or committed the offence of desertion or of giving false entry on enrolment or the offence of mutiny shall be tried or punished in pursuance of this Act for any offence committed by him unless such trial commences [1][within a period of three years from the commission of such offence 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; or (c) where it is not known by whom the offence was committed, on the first day on which the identity of the offender becomes known to the person aggrieved by the offence or to the authority competent to initiate action, whichever is earlier. _Explanation.—For the purposes of this sub-section, in the computation of the period of time_ mentioned in this sub-section, any time spent by such person, as a prisoner of war in the enemy territory, or in evading arrest, after the commission of the offence, shall be excluded]. 2[(1A) Where a proceeding in respect of an offence has been stayed by an injunction or an order of a court, then, in computing the period of limitation under this section, 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.] (2) No trial for an offence of desertion or of giving false entry on enrolment shall be commenced if the person in question, not being an officer, has subsequent to the commission of the offence served continuously in an exemplary manner for not less than three years in the Coast Guard. 1. Subs. by Act 44 of 2002, s. 4, for “within three years from the commission of such offence” (w.e.f. 12-8-2002). 2. Ins. by s. 4, ibid. (w.e.f. 12-8-2002). ----- **52. Trial, etc., of a person who ceases to be subject to the Act.—(1) Where an offence under this** Act had been committed by any person while subject to this Act, and such person has since the commission of the offence ceased to be subject to this Act, he may be taken into and kept in the Coast Guard custody, and tried and punished for such offence as if he had continued to be so subject. (2) No such person shall be tried for an offence, unless his trial commences [1][within a period of two years after he has 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 a proceeding in respect of an 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 mutiny or desertion. CHAPTER V PUNISHMENTS **53. Punishments awardable by Coast Guard Courts.—(1) Punishments may be inflicted in respect** of offences committed by persons subject to this Act and convicted by Coast Guard Courts according to the scale following, that is to say,— (a) death; (b) imprisonment which may be for the term of life or any other lesser term; (c) dismissal from the Coast Guard; (d) detention in Coast Guard custody for a period not exceeding two years; (e) reduction to the ranks or to a lower rank in the case of sailors; (f) forfeiture of seniority of rank, forfeiture of all or any part of the service for the purpose of promotion; (g) forfeiture of service for the purpose of increased pay, pension or any other prescribed purpose; (h) fine, in respect of civil offences; (i) mulcts of pay and allowances; (j) severe reprimand or reprimand except in the case of persons below the rank of an Uttam Navik or Uttam Yantrik. (2) Each of the punishments specified in sub-section (1) shall be deemed to be inferior in degree to every punishment preceding it in the above scale. **54. Alternative punishments awardable by Coast Guard Courts.—Subject to the provisions of** this Act, a Coast Guard Court may, on convicting a person subject to this Act of any of the offences specified in sections 15 to 48 (both 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 53 regard being had to the nature and degree of the offence. **55. Combination of punishments.—Subject to the provisions of section 58, a sentence of a Coast** Guard Court may award in addition to, or without any one other punishment, the punishment specified in clause (c) of sub-section (1) of section 53 and any one or more of the punishments specified in clauses (e) to (j) (both inclusive) of that sub-section. **56. Punishments otherwise than by Coast Guard Courts.—Punishments may also be inflicted in** respect of offences committed by persons subject to this Act without the intervention of a Coast Guard Court in the manner stated in section 57 [2][or section 57A]. 1. Subs. by Act 44 of 2002, s. 5, for “within six months after he has ceased to be subject of this Act” (w.e.f. 12-8-2002). 2. Ins. by s. 6, ibid. (w.e.f. 12-8-2002). ----- **57. Minor punishments.—Subject to the provisions of section 58, a Commanding Officer or such** other officer as is, with the consent of the Central Government, specified by the Director-General may, in the prescribed manner, proceed against a person subject to this Act, otherwise than as an 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 for a period not exceeding three months; (b) dismissal from the Coast Guard; (c) detention in Coast Guard custody for a period not exceeding three months; (d) reduction to the ranks or to a lower rank in the case of sailors; (e) fine, in respect of civil offences; (f) mulcts of pay and allowances; (g) deprivation of good conduct badges; (h) reprimand; (i) extra work and drill for a period not exceeding fourteen days in the case of persons below the rank of an Uttam Navik or Uttam Yantrik; (j) stoppage of leave for a period not exceeding sixty days; (k) admonition: Provided that no punishment specified in clauses (a) to (d) (both inclusive) shall be inflicted,— (a) in the case of a subordinate officer, unless it is approved by an officer not below the rank of an Inspector-General; and (b) in the case of others, unless it is approved by an officer not below the rank of a Deputy Inspector-General. 1[57A. Punishment for officers below the rank of Commandant.—The Director-General or an officer not below the rank of Deputy Inspector-General who is appointed as Commander of a region or such other officer as is, with the consent of the Central Government, specified by the Director-General, may in the prescribed manner proceed against an officer below the rank of Commandant, who is charged with an offence under this Act and award such person one or more of the following punishments, that is to say,— (a) forfeiture of seniority of rank 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 Coast Guard Court; (b) forfeiture of seniority of rank, 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 six months, but subject to the right of the accused, previous to the award, to elect to be tried by a Coast Guard Court; (c) mulcts of pay and allowances; (d) severe reprimand: Provided that no punishment specified in clause (a) shall be inflicted by an officer other that the Director-General: Provided further that no punishment specified in clause (b) shall be inflicted by an officer below the rank of Deputy Inspector-General who is appointed as the Commander of a region.] 1. Ins. by Act 44 of 2002, s. 7 (w.e.f. 12-8-2002). ----- **58. Provisions as to award of punishments.—(1) The punishments that may be inflicted under this** Act shall be awarded in accordance with the provisions of this section. (2) A sentence of imprisonment under this Act shall in all cases be accompanied by a sentence of dismissal. (3) A sentence of imprisonment may be rigorous or simple or partly rigorous and partly simple. (4) No officer shall be subject to detention for any offence under this Act. (5) No subordinate officer shall be sentenced to detention except for desertion. (6) A sentence of detention shall not be accompanied by a sentence of dismissal from the Coast Guard. (7) A sentence of detention for a period exceeding fourteen days shall in all cases be accompanied by stoppage of pay and allowances during the period of detention. 1[(8) Where mulcts of pay and allowances are awarded for absence without leave, the absence shall be treated as regularised for all purposes.] CHAPTER VI ARREST AND PROCEEDINGS BEFORE TRIAL **59. Custody of offenders.—(1) Any person subject to this Act who is charged with an offence may** be taken into Coast Guard custody, under the order of any superior officer. (2) Notwithstanding anything contained in sub-section (1), an officer may order into Coast Guard custody any other officer engaged in a quarrel, affray or disorder, though such other officer may be of a higher rank. **60. 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 reasons therefor, shall be reported by the Commanding Officer to the Deputy Inspector-General under whom he is serving or such other officer to whom an application may be made to convene a Coast Guard Court 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 Coast Guard custody, pending the trial by any competent authority for any offence committed by him. **61. Arrest by civil authorities.—Whenever any person subject to this Act, who is accused of an** 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 Coast Guard custody of such person upon receipt of a written application to that effect signed by his Commanding Officer or an officer authorised by the Commanding Officer in that behalf. **62. Capture of deserters.—(1) Whenever any person subject to this Act deserts, the Commanding** Officer of the unit or ship to which he belongs, shall give 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 was a person for whose apprehension a warrant had been issued by a Magistrate, and shall deliver the deserter, when apprehended, into Coast Guard custody. 1. Ins. by Act 44 of 2002, s. 8 (w.e.f. 12-8-2002). ----- (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. **63. Coast Guard police officers.—(1) The Director-General or any prescribed officer may appoint** persons for discharging the functions specified in sub-sections (2) and (3). (2) The duties of a person appointed under sub-section (1), 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 Coast Guard. (3) Notwithstanding anything contained in section 59, a person appointed under sub-section (1) 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 a sentence awarded by a Coast Guard Court or by an officer exercising authority under section 57 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. CHAPTER VII COAST GUARD COURTS **64. Power to convene a Coast Guard Court.—(1) A Coast Guard Court may be convened by the** Central Government or the Director-General or by any officer empowered in this behalf by warrant of the Director-General (hereafter in this Act referred to as the convening authority). (2) A warrant issued under sub-section (1) may contain such restrictions, reservations or conditions as the Director-General may think fit. **65. Composition of Coast Guard Courts.—(1) A Coast Guard Court shall consist of not less than** five officers each of whom has held the post of Assistant Commandant for not less than three years. _Explanation.—For the purposes of this sub-section “Assistant Commandant” includes any post of a_ higher rank and any post declared by the Central Government by notification to be an equivalent post as also any post higher in rank than the post so declared. (2) At every Coast Guard Court, the senior member shall be the presiding officer. (3) A Coast Guard Court shall not be duly constituted unless the members thereof are drawn from at least two ships. (4) No Coast Guard Court for the trial of an officer shall be duly constituted unless the presiding officer and at least two members of the court are of the same rank as the accused or of a higher rank. **66. Dissolution of a Coast Guard Court.—(1) If a Coast Guard Court 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 Law Officer or of the accused before the finding, it is impossible to continue the trial, a Coast Guard Court shall be dissolved. (3) The convening authority of a Coast Guard Court may dissolve the same if it considers that the exigencies of the service or necessities of discipline render it impossible or inexpedient to continue the said Coast Guard Court. (4) Where a Coast Guard Court is dissolved under this section, the accused may be tried again. **67. Powers of a Coast Guard Court.—Every Coast Guard Court shall have the power to try any** person subject to this Act for any offence punishable thereunder and to pass any sentence authorised thereby. **68. Prohibition of second trial.—(1) When any person subject to this Act has been acquitted or** convicted of an offence by a Coast Guard Court or by a criminal court or has been dealt with under section 57, he shall not be liable to be tried again for the same offence by a Coast Guard Court or dealt with under the said section. ----- (2) When any person, subject to this Act, has been acquitted or convicted of an offence by a Coast Guard Court or has been dealt with under section 57, he shall not be liable to be tried again by a criminal court for the same offence or on the same facts. **69. Application of Act during term of sentence.—(1) When a person subject to this Act is** sentenced by a Coast Guard Court to imprisonment, this Act shall apply to him during the term of his sentence, though he is dismissed from the Coast Guard, 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. (2) When a person subject to this Act is sentenced by a Coast Guard Court to death, this Act shall apply to him till the sentence is carried out. **70. Place of trial.—A Coast Guard Court may be held on shore or afloat.** **71. Choice between criminal court and Coast Guard Court.—When a criminal court and a** Coast Guard Court have each jurisdiction in respect of an offence, it shall be in the discretion of the Director-General or the Inspector-General or the Deputy Inspector-General within whose command 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 shall be instituted before a Coast Guard Court, to direct that the accused person shall be detained in Coast Guard custody. **72. Power of criminal court to require delivery of an 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 71 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. CHAPTER VIII PROCEDURE OF COAST GUARD COURTS **73. Law Officer.—Every Coast Guard Court shall be attended by a Law Officer, or if no such officer** is available, an officer approved by the Chief Law Officer or a Law Officer. **74. Challenges.—(1) At all trials by a Coast Guard Court, 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 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 members 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) Where no challenge is made, or when a 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. **75. Oaths of member, Law Officer and witness.—(1) An oath or affirmation in the prescribed** manner shall be administered to every member of a Coast Guard Court and to the Law Officer or, as the case may be, the officer approved under section 73, before the commencement of the trial. (2) [1][Every person] giving evidence before a Coast Guard Court shall be examined after being duly sworn or affirmed in the prescribed form. 1. Subs. by Act 19 of 1988, s. 3 and the Second Schedule, for “Every officer” (w.e.f. 31-3-1988). ----- (3) The provisions of sub-section (2) shall not apply where the witness is a child under twelve years of age and the Coast Guard Court 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. **76. Voting by members.—(1) Subject to the provisions of sub- sections (2) and (3), every decision** of a Coast Guard Court 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 Coast Guard Court without the concurrence of at least two-thirds of the members of the court. (3) In matters, other than a challenge or the finding or sentence, the presiding officer shall have a casting vote. **77. 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 Coast Guard Court. **78. Judicial notice.—A Coast Guard Court may take judicial notice of any matter within the general** knowledge of the members as officers of the Coast Guard. **79. Summoning of witnesses.—(1) The convening authority, the presiding officer of a Coast Guard** Court, the Law Officer or, as the case may be, the officer approved under section 73 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 who is subject to this Act, 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 resides, and such Magistrate shall give effect to the summons as if the witness were required in the court of such a 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. **80. Documents exempted from production.—(1) Nothing in section 79 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, post card, 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 Chief Judicial Magistrate, Chief Metropolitan Magistrate, Court of Session or High Court, wanted for the purpose of any Coast Guard Court, 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 such search to be made for, and to detain such document pending the orders of any such Chief Judicial Magistrate, Chief Metropolitan Magistrate, Court of Session or High Court. **81. Commissions for examination of witnesses.—(1) Whenever, in the course of a trial by a Coast** Guard Court, 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 Law Officer in order that a commission to take the evidence of such witness may be issued. (2) The Chief Law Officer may then, if he thinks necessary, issue a commission to any Metropolitan Magistrate or Judicial 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 to whom the commission is issued, or, if he is the Chief Metropolitan Magistrate or Chief Judicial Magistrate, he or such Metropolitan Magistrate or Judicial 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 the trials of warrant-cases under the Code of Criminal Procedure, 1973 (2 of 1974). (4) When the witness resides in any place outside India, the commission may be issued in the form and manner specified in sub section (3) of section 285 of the Code of Criminal Procedure, 1973 (2 of 1974). **82. Examination of a witness on commission.—(1) The prosecutor and the accused person in any** case in which a commission is issued under section 81 may respectively forward any interrogatories in writing which the court may think relevant to the issue, and the Magistrate executing the commission shall examine the witness upon such interrogatories. (2) The prosecutor and the accused person may appear before such Magistrate 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 81 has been duly executed, it shall be returned together with the deposition of the witness examined thereunder to the Chief Law Officer. (4) On receipt of a commission, and deposition returned under sub-section (3), the Chief Law Officer shall forward the same to the Coast Guard 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 81, the trial may be adjourned for a specified time reasonably sufficient for the execution and return of the commission. **83. Alternative findings.—If an accused is charged before a Coast Guard Court with one offence and** it appears in evidence that he committed a different offence, he may be convicted of the offence which he is shown to have committed although he was not charged with it. **84. 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. **85. 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. **86. Presumption as to certain documents.—(1) A letter, return or other document respecting the** service of any person in, or the dismissal or discharge of any person from, any unit or ship of the Coast Guard, or respecting the circumstances of any person not having served in, or belonged to, any unit or ship, if purporting to be signed by or on behalf of the Central Government or the Director-General, or by any prescribed officer, shall be evidence of the facts stated in such letter, return or other document. (2) A Coast Guard List or Gazette purporting to be published by authority shall be evidence of the status and rank of the officers therein mentioned, and of any appointment held by them and of the unit or ship of the Coast Guard to which they belong. (3) Where a record is made in the books of a ship in pursuance of this Act or any rule or otherwise in the discharge of official duties, 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 the books of a ship purporting to be certified to be a true copy by the officer having custody of such books 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 unit or ship of the Coast Guard, or has been apprehended by such officer or person, a certificate purporting to be signed by such officer, or by the Commanding Officer of the unit or ship 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 improperly leaving a ship 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. (7) Any document purporting to be a report under the hand of a 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 Fingerprint Bureau, the Director, Haffkeine Institute, Mumbai, 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. _Explanation.—In this section, the term “books of a ship” shall include any official book, document or_ list purporting to contain the name or names of persons appointed to the ship. **87. Evidence of previous convictions and general character.—(1) When any person subject to this** Act has been convicted by a Coast Guard Court of any offence, such court may inquire into, and receive, and record evidence of any previous convictions of such person, either by a Coast Guard Court or by a criminal court, or any previous award of punishment under section 57 [2][or section 57A], 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, books of Coast Guard Courts 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. **88. Lunacy of accused.—(1) Whenever, in the course of a trial by a Coast Guard Court, 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 Coast Guard Court shall forthwith report the case to the convening authority. (3) The convening authority to whom the finding of a Coast Guard Court is reported 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. (4) On receipt of a report under sub-section (3), 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 44 of 2002, s. 9 (w.e.f. 12-8-2002). 2. Ins. by s. 10, ibid. (w.e.f. 12-8-2002). ----- **89. 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 88, any officer prescribed in this behalf, may,— (a) if such person is in custody under sub-section (3) of section 88, on the report of a medical officer that he is capable of making his defence, or (b) if such person is detained in jail under sub-section (4) of section 88, 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 and if he is detained in any other place under that sub-section, on a certificate of the prescribed authority, that he is capable of making his defence, take steps to have such person tried by the same or another Coast Guard Court for the offence with which he was originally charged, or, if the offence is a civil offence, by a criminal court. **90. Transmission to Central Government of orders under section 89.—A copy of every order** made by an officer under section 89 for the trial of the accused shall forthwith be sent to the Central Government. **91. Release of lunatic accused.—Where any person is in custody under sub-section (3) of section 88** or under detention under sub-section (4) of that section,— (a) if such person is in custody under the said sub-section (3), on the report of the medical officer, or (b) if such person is detained under the said sub-section (4), on a certificate from any of the authorities mentioned in clause (b) of section 89 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 asylum. **92. Delivery of lunatic accused to relatives.—Where any relative or friend of any person who is in** custody under sub-section (3) of section 88 or under detention under sub-section (4) 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 to 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. **93. 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 Coast Guard Court 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. **94. Order for disposal of property regarding which offence is committed.—(1) After the** conclusion of a trial before a Coast Guard Court, an officer not below the rank of a Deputy Inspector-General within whose command the trial was held, may make such order as 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 out into effect as if it were an order passed by him under the provisions of the Code of Criminal Procedure, 1973 (2 of 1974). ----- (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. **95. Powers of Coast Guard Court in relation to proceedings under this Act.—Any trial by a** Coast Guard Court 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 Coast Guard Court shall be deemed to be a court within the meaning of sections 345 and 346 of the Code of Criminal Procedure, 1973 (2 of 1974). CHAPTER IX EXECUTION AND SUSPENSION OF SENTENCES **96. Form of sentence of death.—In awarding a sentence of death, a Coast Guard Court 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. **97. Interim custody until execution of sentence of death.—A person sentenced to death may be** detained in Coast Guard custody or may be removed to a civil prison to be kept in custody until further orders are received from the Central Government, the Director-General or the convening authority of the Coast Guard Court by which he was sentenced to death or other prescribed officer, and the order of the Central Government, the Director-General or the convening authority or such officer shall be sufficient warrant for detaining the person in custody. **98. Execution of sentence of death.—(1) When a sentence of death is to be executed, the** Director-General or the convening authority or the prescribed officer shall give directions as to the time, place and manner in which such sentence is to be carried out and the order of such officer or authority in the prescribed form shall be sufficient warrant for the execution of such sentence. (2) There shall be attached to the prescribed form, an order of the Central Government certifying the confirmation of the sentence by the Central Government. **99. Commencement of sentence of imprisonment or detention.—Whenever any person is** sentenced under this Act to imprisonment or detention, the term of the sentence shall be reckoned to commence on the date on which the sentence was awarded. **100. Execution of sentence of imprisonment.—(1) Whenever any sentence of imprisonment is** passed under this Act or whenever any sentence of death is commuted to imprisonment, the presiding officer of the Coast Guard Court which passed the sentence or such other officer as may be prescribed shall direct that the sentence 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. **101. Temporary custody of offender.—Where a sentence of imprisonment is directed to be** undergone in a civil prison, the offender may be kept in Coast Guard custody or in any other fit place, till such time as it is possible to send him to a civil prison. **102. Conveyance of prisoner from place to place.—A person under sentence of imprisonment may** during his conveyance from place to place, or when on board a ship, aircraft or otherwise, be subject to such restraint as is necessary for his safe conduct and removal. **103. 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 prison, a warrant in accordance with such order shall be forwarded by the officer making the order or his staff officer or such person as may be prescribed, to the officer in charge of the prison in which such person is confined. ----- **104. Execution of sentence of fine.—When a sentence of fine is imposed by a Coast Guard Court** under section 53, a copy of such sentence signed and certified by the presiding officer of the court 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, 1973 (2 of 1974), as if it were a sentence of fine imposed by such Magistrate. **105. Informality or error in the order or warrant.—Whenever any person is sentenced to** 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. **106. Imprisonment or detention of offender already under sentence.—Whenever a sentence is** passed by a Coast Guard Court on a person already under sentence either of imprisonment or detention passed on him under this Act for a former offence, the court may award a sentence of imprisonment or detention for the offence for which he is under trial to commence at the expiration of the sentence of imprisonment or detention to which he has been previously sentenced: Provided that so much of any term of detention imposed on a person by a sentence in pursuance of this section as will prolong the total term of detention beyond two years shall be deemed to be remitted. **107. Suspension of sentence of imprisonment or detention.—(1) Where a person subject to this** Act is sentenced to imprisonment or detention, the Central Government, the Director-General, the Commanding Officer imposing the sentence or any prescribed officer may suspend the sentence whether or not the offender has already been committed to prison or to Coast Guard 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 Coast Guard custody. (3) The powers conferred by sub-sections (1) and (2) may be exercised in the case of any such sentence which has been reduced or commuted. **108. Release on suspension.—Where a sentence is suspended under section 107, the offender shall** forthwith be released from custody. **109. 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. **110. Order after suspension.—The authority or officer specified in section 107 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. **111. 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 107, or by any officer not below the rank of a Deputy Inspector-General duly authorised by the authority or officer specified in section 107. (2) Where on such reconsideration by the officer so authorised it appears to him that the conduct of 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 107. **112. 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 sentence 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 Coast Guard 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 110 or section 111 continue to be suspended. **113. Scope of power of suspension.—The powers conferred by sections 107 and 110 shall be in** addition to, and not in derogation of, the power of mitigation, remission and commutation. **114. Effect of suspension and remission on dismissal.—(1) Where in addition to any other** sentence, the punishment of dismissal has been awarded under this Act and such other sentence is suspended under section 107, then, such dismissal shall not take effect until so ordered by the authority or officer specified in section 107. (2) If such other sentence is remitted under section 110, the punishment of dismissal shall also be remitted. CHAPTER X CHIEF LAW OFFICER AND LAW OFFICERS **115. Appointment of Chief Law Officer and Law Officers.—(1) There shall be appointed by the** Central Government, a Chief Law Officer and as many Law Officers as the Central Government may deem necessary. (2) A person shall not be qualified for appointment as Chief Law Officer unless he— (a) is a citizen of India; and (b) has for at least ten years held a judicial office in the territory of India; or (c) has for at least ten years been an advocate of a High Court or two or more such Courts in succession: Provided that the Central Government may, if it is of opinion that it is necessary or expedient so to do in the exigencies of service, relax, for reasons to be recorded in writing, the qualification specified in clause (b) or clause (c) in respect of any person. (3) A person shall not be qualified for appointment as Law Officer unless he— (a) is a citizen of India, and (b) is qualified for enrolment as an advocate of a High Court. _Explanation.—For the purposes of this section,—_ (a) in computing the period during which a person has been an advocate of a High Court, there shall be included any period during which the person has held a judicial office after he became an advocate; (b) the expression “judicial office” shall be deemed to include the post of Law Officer. **116. Functions of Chief Law Officer.—(1) It shall be the duty of the Chief Law Officer to perform** such duties of a legal and judicial character pertaining to the Coast Guard as may, from time to time, be referred or assigned to him by the Central Government or the Director-General, and to discharge the functions conferred on him by or under this Act. (2) The functions of the Chief Law Officer shall, in his absence or otherwise, be performed by such Law Officer as may be designated in this behalf by the Director-General. ----- CHAPTER XI JUDICIAL REVIEW OF PROCEEDINGS OF COAST GUARD COURTS **117. Judicial review by the Chief Law Officer.—(1) All proceedings of trials by Coast Guard** Courts shall be reviewed by the Chief Law Officer either on his own motion or on application made to him within the prescribed time by any person aggrieved by any sentence or finding, and the Chief Law Officer shall transmit the report of such review together with such recommendations as may appear to him just and proper to the Director-General for his consideration and for such action as the Director-General may think fit. (2) Where any person aggrieved has made an application under sub-section (1), the Chief Law Officer may, if the circumstances of the case so require, give him an opportunity of being heard either in person or through a legal practitioner or an officer of the Coast Guard. **118. Consideration by the Director-General.—(1) On receipt of the report and recommendations, if** any, under section 117, the Director-General shall in all cases of sentences of death, and in all cases where the Coast Guard Court is convened by the Central Government, and may, in other cases, transmit the proceedings and the report to the Central Government together with such recommendations as he may deem fit to make. (2) Nothing in section 117 or this section shall authorise the Chief Law Officer or the Director-General to make any recommendation for setting aside, or the Central Government to set aside, an order of acquittal passed under this Act. CHAPTER XII MODIFICATION OF FINDINGS AND SENTENCES, PARDONS, COMMUTATION AND REMISSION OF SENTENCES **119. Petitions to Central Government or Director-General against findings and sentences.—Any** person subject to this Act who considers himself aggrieved by a finding or sentence of any Coast Guard Court may present a petition to the Central Government or to the Director-General, and the Central Government or the Director-General, as the case may be, may pass such orders thereon as it or he may think fit. **120. Powers of Central Government and Director-General in respect of findings and** **sentences.—(1) Where any person is tried under the provisions of this Act, the Central Government or** the Director-General may, in the case of a conviction,— (a) set aside the finding and sentence and acquit or discharge the accused or order him to be re-tried; or (b) alter the finding without modifying the sentence if such sentence may be legally passed on the altered finding; or (c) with or without altering the finding, reduce the sentence or commute the punishment awarded for any punishment inferior in scale; or (d) either with or without conditions, pardon the person or remit the whole or any part of the punishment awarded; or (e) with or without conditions release the person on parole: Provided that a sentence of imprisonment shall not be commuted for a sentence of detention for a term exceeding the term of imprisonment awarded: Provided further that nothing in this sub-section shall authorise the Central Government or the Director-General to enhance the sentence. (2) Any sentence modified under the provisions of sub-section (1) shall be carried into execution as if it had been originally passed. ----- (3) If any condition on which a person has been pardoned or has been 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 or release or remission and thereupon the sentence awarded shall be carried into effect as if such pardon, release or remission had not been granted: Provided that in the case of a person sentenced to imprisonment or detention, such person shall undergo only the unexpired portion of the sentence. CHAPTER XIII MISCELLANEOUS **121. Powers and duties conferrable and imposable on members of the Coast Guard.—(1) The** Central Government may, by general or special order published in the Official Gazette, direct that, subject to such conditions and limitations, and within the local limits of such inland area adjoining the coast of India, as may be specified in the order, any member of the Coast Guard may,— (i) for the purpose of prevention of any offence punishable under the Passport (Entry into India) Act, 1920 (34 of 1920), the Emigration Act, 1922 (7 of 1922), the Registration of Foreigners Act, 1939 (16 of 1939), the Foreigners Act, 1946 (31 of 1946), the Merchant Shipping Act, 1958 (44 of 1958), the Customs Act, 1962 (52 of 1962), the Passports Act, 1967 (15 of 1967), the Foreign Exchange Regulation Act, 1973 (46 of 1973), or the Territorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976 (80 of 1976), or of any cognizable offence punishable under any other Central Act; or (ii) for the purpose of apprehending any person who has committed any offence referred to in clause (i), exercise or discharge such of the powers or duties under that Act or any other Central Act as may be specified in the said order, being the powers and duties which, in the opinion of the Central Government, an officer of the corresponding or lower rank is by that or such other Act empowered to exercise or discharge for the said purposes. (2) The Central Government may, by general or special order published in the Official Gazette, direct, with the concurrence of the State Government concerned, that any of the powers or duties which may be exercised or discharged under a State Act by a police officer may, subject to such conditions and limitations, and within the local limits of such inland area adjoining the coast of India, as may be specified in the order, be exercised or discharged by a member of the Coast Guard who, in the opinion of the Central Government, holds a corresponding or higher rank. (3) The Central Government may, by general or special order published in the Official Gazette, direct that, subject to such conditions and limitations, and within the local limits of such area in any maritime zone of India, as may be specified in the order, any member of the Coast Guard may,— (i) for the purpose of prevention of any offence punishable under any enactment which extends for the time being to such area; or (ii) for the purpose of apprehending any person who has committed any offence referred to in clause (i), exercise or discharge such of the powers or duties under that enactment, as may be specified in the said order, being the powers and duties which, in the opinion of the Central Government, an officer of the corresponding or lower rank is by that enactment empowered to exercise or discharge for the said purposes. (4) Every order 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 order or both Houses agree that the order should not be made, the order shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that order. ----- **122. Protection for acts of members of the Coast Guard.—(1) In any suit or proceeding against** any member of the Coast Guard for any act done by him in pursuance of a warrant or order of a competent authority, 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 Coast Guard 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 Coast Guard 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, 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. **123. Power to make rules.—(1) The Central Government may, by notification, make rules for the** purpose of carrying into effect 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 constitution, governance, command and discipline of the Coast Guard; (b) the enrolment of persons to the Coast Guard and the recruitment of other members of the Coast Guard; (c) the conditions of service (including service privileges and deductions from pay and allowances) of members of the Coast Guard; (d) the rank, precedence, powers of command and authority of the officers, subordinate officers and other enrolled persons; (e) the removal, retirement, release or discharge from the service of officers, subordinate officers and other enrolled persons; (f) the purposes and other matters required to be prescribed under section 13; 1[(fa) the manner in which proceedings may be initiated under section 57A;] (g) the additional matters in respect of which the Coast Guard may undertake measures in the performance of its functions; (h) the convening, constitution, adjournment, dissolution and sittings of Coast Guard Courts, the procedure to be observed in trials by such courts, the persons by whom an accused may be defended in such trials and the appearance of such persons thereat; (i) the forms of orders to be made under the provisions of this Act relating to Coast Guard Courts and the awards and infliction of death, imprisonment and detention; (j) the carrying into effect of sentences of Coast Guard Courts; (k) any matter necessary for the purpose of carrying this Act into execution, as far as it relates to the investigation, arrest, custody, trial and punishment of offences triable or punishable under this Act; (l) the procedure relating to the exercise of powers under section 120; (m) the ceremonials to be observed and marks of respect to be paid in the Coast Guard; 1. Ins. by Act 44 of 2002, s. 11 (w.e.f. 12-8-2002). ----- (n) any other matter which is to be, or may be prescribed or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary for the proper implementation of 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 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. -----

21-Aug-1978

33

The Metro Railways (Construction of Works) Act, 1978

https://www.indiacode.nic.in/bitstream/123456789/1737/1/197833.pdf

central

# THE METRO RAILWAYS (CONSTRUCTION OF WORKS) ACT, 1978 _________ # ARRANGEMENT OF SECTIONS __________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, commencement and application. 2. Definitions. CHAPTER II METRO RAILWAY ADMINISTRATION 3. General Manager. 4. Constitution of Advisory Board. 5. Committees. CHAPTER III ACQUISITION 6. Power to acquire land, etc. 7. Publication of notification for acquisition. 8. Power to enter for survey, etc. 9. Hearing of objection. 10. Declaration of acquisition. 11. Power to take possession of acquired land, etc. 12. Right to enter into the land where right of user, etc., is vested in the Central Government. 13. Determination of amount payable for acquisition. 14. Deposit and payment of amount. 15. Competent authority to have certain powers of civil court. 15A. Power to inspect property under acquisition. 16. Competent authority and appellate authority. 16A. Powers of the appellate authority. 16B. Competent authority, etc., to have certain inherent powers. 16C. Enforcement of the orders of the competent authority and appellate authority. 17. Land Acquisition Act 1 of 1894 not to apply. CHAPTER IV CONSTRUCTION OF WORKS 18. Functions of metro railway administration. 19. Powers of metro railway administration. 20. Development over metro alignment. 21. Power to prohibit or regulate construction of buildings and excavation. 22. Payment of amount for prohibition of construction, etc. 23. Power to underpin building or otherwise strengthen it. ----- SECTIONS 24. Power to enter, etc. 25. Amount payable for damage, loss or injury. 26. Right to claim for damages. CHAPTER V INSPECTION OF METRO RAILWAY 27. Appointment and duties of commissioner. 28. Powers of commissioners. 29. Facilities to be afforded to commissioner. CHAPTER VI MISCELLANEOUS 30. Surplus land to be sold or otherwise disposed of. 31. Notice of accidents and enquiries. 32. Power to alter the entries in the Schedule. 33. Prohibition of obstruction. 34. Local authorities to assist. 35. Prohibition of removal of marks. 36. Penalty for failure to comply with directions issued under section 21. 37. General provision for punishment of offences. 38. Offences by companies. 39. Bar of jurisdiction. 40. Effect of Act and rules, etc., inconsistent with other enactments. 41. Protection of action taken in good faith. 42. Power to remove difficulties. 43. Application of the Indian Railways Act, 1890. 44. Power to make rules. 45. Saving. THE SCHEDULE. ----- # THE METRO RAILWAYS (CONSTRUCTION OF WORKS) ACT, 1978 ACT NO. 33 OF 1978 [21st August, 1978.] # An Act to provide for the construction of works relating to metro railways in the metropolitan cities and for matters connected therewith. BE it enacted by Parliament in the Twenty-ninth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title, commencement and application.—(1) This Act may be called the Metro Railways** (Construction of Works) Act, 1978. (2) It shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette, appoint. (3) It applies in the first instance to the metropolitan city of Calcutta; and the Central Government may, by notification in the Official Gazette, declare that this Act shall also apply to [2][the National Capital Region, such other metropolitan city and metropolitan area, after consultation with the State Government, and with effect from such date as may be specified in that notification and thereupon the provisions of this Act shall apply to the National Capital Region, such metropolitan city or metropolitan area accordingly.] **2. Definitions.—(1) In this Act, unless the context otherwise requires,—** (a) “Advisory Board” means the Advisory Board constituted under section 4; (b) [3][“appellate authority”] means the appellate authority appointed under section 16; (c) “building” means a house, outhouse, stable, latrine, urinal, shed, hut or wall or any other structure or erection, whether of masonry bricks, wood, mud, metal or any other material or any part of a building, but does not include a plant or machinery installed in a building or any part thereof or any portable shelter; (d) “commissioner” means a commissioner of metro railway appointed under section 27; 4[(e) “competent authority” means the competent authority appointed under section 16;] (f) “development” with its grammatical variations means the carrying out of building, engineering, mining or other operations in, on, over or under land or the making of any material change in any building or land or planting of any tree on land and includes redevelopment; (g) “land” includes any right or interest in land; (h) “metro alignment”, in relation to any [5][metropolitan city, metropolitan area and the National Capital Region] means such alignment of the metro railway as is specified in the Schedule under that city and includes the metro railway; 6[(ha) “metropolitan area” shall have the meaning assigned to it in clause (c) of article 243P of the Constitution;] 1. 1st February, 1979, vide notification No. S.O. 412(E), dated 20th January, 1979, see Gazette of India, Extraordinary, Part II, sec. 3 (ii). 2. Subs. by Act 34 of 2009, s. 2, for certain words (w.e.f. 7-9-2009). 3. Subs. by Act 41 of 1982, s. 2, for “arbitrator” (w.e.f. 15-5-1983). 4. Subs. by s. 3, ibid., for clause (e) (w.e.f. 15-5-1983). 5. Subs by Act 34 of 2009, s. 3, for “metropolitan city” (w.e.f. 7-9-2009). 6. Ins. by s. 4, ibid. (w.e.f. 7-9-2009). ----- (i) “metro railway” means a metro railway or any portion thereof for the public carriage of passengers, animals or goods and includes,— (a) all land within the boundary marks indicating the limits of the land appurtenant to a metro railway, (b) all lines of rails, sidings, yards or branches worked over for the purposes of, or in connection with, a metro railway, (c) all stations, offices, ventilation shafts and ducts, warehouses, workshops, manufactories, fixed plants and machineries, sheds, depots and other works constructed for the purpose of, or in connection with, a metro railway; (j) “metro railway administration”, in relation to any metro railway, means the General Manager of that metro railway; (k) “metropolitan city” means the metropolitan city of Bombay, Calcutta, Delhi or Madras; (l) “metropolitan city of Bombay” means the area covered by Greater Bombay as defined in the Bombay Municipal Corporation Act, 1888 (Bombay Act III 1888); (m) “metropolitan city of Calcutta” means the area described under the heading “l. Calcutta Metropolitan District” in the Schedule to the Calcutta Metropolitan Planning Area (Use and Development of Land) Control Act, 1965 (West Bengal Act XIV of 1965); (n) “metropolitan city of Delhi” means the entire area of the Union territory of Delhi; (o) “metropolitan city of Madras” means the area covered by the City of Madras as defined in the Madras City Municipal Act, 1919 (Madras Act IV of 1919); 1[(oa) “National Capital Region” means the National Capital Region as defined in clause (f) of section 2 of the National Capital Region Planning Board Act, 1985 (2 of 1985);] (p) “prescribed” means prescribed by rules made under this Act; (q) “rolling stock” includes locomotives, engines, carriages (whether powered or not), wagons, trollies and vehicles of all kinds moving or intended to move on rails; (r) “to erect”, in relation to any building, includes— (i) any material alteration or enlargement of such building, (ii) conversion, by structural alteration, into a place for human habitation of such building not originally constructed for human habitation, (iii) conversion into more than one place for human habitation of such building originally constructed as one such place, (iv) conversion of two or more places of human habitation in such building into a greater number of such places, (v) such alteration of such building as would alter the drainage or sanitary arrangements therein or would materially affect its security, and (vi) the addition of any rooms in such building. (2) All other words and expressions used herein and not defined but defined in the Indian Railways Act, 1890 (9 of 1890), shall have the meanings, respectively, assigned to them in that Act. CHAPTER II METRO RAILWAY ADMINISTRATION **3. General Manager.—The Central Government may, for the purposes of this Act, appoint a General** Manager for every metro railway. 1. Ins. by Act 34 of 2009, s. 4 (w.e.f. 7-9-2009). ----- **4. Constitution of Advisory Board.—(1) The Central Government may constitute an Advisory** Board, for every metro railway for the purpose of assisting or advising that Government on— (a) the formulation and co-ordination of plans for the development of metro railway and its expansion; (b) the financing and execution of any project for the construction of the metro railway; (c) such other matters as may be referred to it for carrying out the purposes of this Act and in particular for the purpose of ensuring that the functions of the metro railway administration are exercised with due regard to the circumstances or conditions prevailing in, and requirements of, the 1[metropolitan city, metropolitan area and the National Capital Region]. (2) The Advisory Board shall consist of such number of members (being officers of the Government) not exceeding nine as may be appointed to it by the Central Government. (3) The Central Government shall appoint one of the members of the Advisory Board as its Chairman. (4) The Central Government shall publish in the Official Gazette the names of all the members of the Advisory Board and the Chairman thereof. (5) The Advisory Board shall meet at such times and places and shall observe such procedure in regard to the transaction of its business as may be prescribed. (6) The members of the Advisory Board shall hold office for such term as may be prescribed. **5. Committees.—(1) The Advisory Board may constitute as many committees as it deems necessary** consisting wholly of members of such Board or wholly of other persons or partly of members of the Board and partly of other persons for such purposes as it may think fit. (2) Every committee constituted under sub-section (1) shall meet at such times and places and shall observe such procedure in regard to the transaction of its business as may be prescribed. (3) There shall be paid to the members of the committee who are not members of the Advisory Board, such fees and allowances for attendance at the meetings of the committee and such travelling allowances as may be prescribed. CHAPTER III ACQUISITION **6. Power to acquire land, etc.—Where it appears to a metro railway administration that for the** construction of any metro railway or any other work connected therewith— (a) any land, building, street, road or passage, or (b) any right of user, or any right in the nature of easement, therein, is required for such construction or work, it shall apply to the Central Government in such form as may be prescribed for acquiring such land, building, street, road or passage or such right of user or easement. **7. Publication of notification for acquisition.—(1) On receipt of an application under section 6, the** Central Government, after being satisfied that the requirement mentioned therein is for a public purpose may, by notification in the Official Gazette, declare its intention to acquire the land, building, street, road or passage, or the right of user, or the right in the nature of easement, therein referred to in the application. (2) Every notification under sub-section (1) shall give a brief description of the land, building, street, road or passage. 1. Subs. by Act 34 of 2009, s. 3, for “metropolitan city” (w.e.f. 7-9-2009). ----- (3) The competent authority shall cause the substance of the notification to be published in such places and in such manner as may be prescribed. **8. Power to enter for survey, etc.—On the issue of a notification under sub-section (1) of section 7,** it shall be lawful for the metro railway administration or any officer or other employee of the metro railway— (a) to enter upon and survey and take level of the land, building, street, road or passage specified in the notification; (b) to dig or bore into the sub-soil; (c) to set out the intended work; (d) to mark such levels, boundaries or lines by placing marks and cutting trenches; (e) to do all other acts necessary to ascertain whether the metro railway can be laid upon or under the land, building, street, road or passage, as the ease may be: Provided that while exercising any power under this section the metro railway administration or such officer or other employee shall cause as little damage or injury as possible to such land, building, street, road or passage, as the case may be. **9. Hearing of objection.—(1) Any person interested in the land, building, street, road or passage** may, within twenty-one days from the [1][date of publication under sub-section (3) of section 7 of the substance of the notification under sub-section (1) of that section] object to the construction of the metro railway or any other work connected therewith upon or under the land, building, street, road or passage, as the case may be. 2[Explanation.—For the purposes of this sub-section, where the substance of the notification under sub-section (1) of section 7 is published on different dates at different places, the last of such dates shall be deemed to be the date on which substance of the notification has been published.] (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 [2][by an agent or] by a legal practitioner, and may, after hearing all such objections and after making such further enquiry, if 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 1961). (3) Any order made by the competent authority under sub-section (2) shall be final. **10. Declaration of acquisition.—(1) Where no objection under sub-section (1) of section 9 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, building, street, road or passage, or the right of user, or the right in the nature of easement, therein for laying the metro railway should be acquired. (2) On the publication of the declaration under sub-section (1), the land, building, street, road or passage, or the right of user, or the right in the nature of easement, therein shall vest absolutely in the Central Government free from all encumbrances. 1. Subs. by Act 41 of 1982, s. 4, for certain words, brackets and figures (w.e.f. 15-5-1983). 2. Ins. by s. 4, ibid. (w.e.f. 15-5-1983). ----- (3) Where in respect of any land, building, street, road or passage, a notification has been published under sub-section (1) of section 7 either for its acquisition or for the acquisition of the right of user, or any right in the nature of easement, therein, but no declaration under this section 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: 1[Provided that in computing the said period of one year, the period or periods during which any action or proceeding to be taken in pursuance of the notification issued under sub-section (1) of section 7 [including any such action or proceeding pending immediately before the commencement of the Metro Railways (Construction of Works) Amendment Act, 1987 (42 of 1987)] is stayed by an order of a Court, whether granted before or after such commencement, 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. **11. Power to take possession of acquired land, etc.—(1) [2][Where any land, building, street, road or** passage has vested under sub-section (2) of section 10 and the amount determined by the competent authority under section 13 with respect to such land, building, street, road or passage has been deposited, under sub-section (1) of section 14, 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, building, street, road or passage 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, building, street, road or passage situated in any area falling within the Presidency-town of Bombay, Calcutta or Madras, to the Commissioner of Police; (b) in the ease of any land, building, street, road or passage situated in any area other than the area referred to in clause (a), to the Executive Magistrate, and such Commissioner or Magistrate, as the case may be, shall enforce the surrender of the land, building, street, road or passage to the competent authority or to the person duly authorised by it. **12. Right to enter into the land where right of user, etc., is vested in the Central** **Government.—Where the right of user in, or any right in the nature of easement on, any land, building,** street, road or passage has vested in the Central Government under section 10, it shall be lawful for the metro railway administration or any officer or other employee of the Central Government to enter and do any other act necessary upon the land, building, street, road or passage for carrying out the construction of the metro railway or any other work connected therewith. **13. Determination of amount payable for acquisition.—(1) Where any land, building, street, road** or passage is acquired under this Act, there shall be paid an amount which shall be determined [3][by an order of the competent authority]. (2) Where the right of user in, or any right in the nature of an easement on, any land, building, street, road or passage 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, building, street, road or passage 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, building, street, road or passage. 4[(2A) Before proceeding to determine the amount under sub-section (1) or sub-section (2), the competent authority shall give a public notice published in the prescribed manner inviting claims from all persons interested in the land, building, street, road or passage, or the right of user or the right in the nature of easement therein to be acquired. 1. Proviso added by Act 42 of 1987, s. 2 (w.e.f. 9-12-1987). 2. Subs. by Act 41 of 1982, s. 5, for certain words, brackets and figures (w.e.f. 15-5-1983). 3. Subs. by s. 6, ibid., for “by the competent authority” (w.e.f. 15-5-1983). 4. Ins. by s. 6, ibid. (w.e.f. 15-5-1983). ----- (2B) Such notice shall state the particulars of the land, building, street, road or passage acquired, or the right of user or the right in the nature of easement therein acquired and shall require all persons interested in such land, building, street, road or passage or right of user or right in the nature of easement therein, to appear in person, or by an agent or by a legal practitioner referred to in sub-section (2) of section 9, before the competent authority, at a time and place therein mentioned (such time not being earlier than fifteen days after the date of the publication of the notice) and to state the nature of their respective interests in such land, building, street, road or passage or right of user or right in the nature of easement therein.] (3) 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, [1][on an appeal preferred by either of the parties to the appellate authority, within a period of sixty days from the date of the order appealed against, be determined by an order of the appellate authority]. (4) The competent authority or the [2][appellate authority] while determining the amount under sub-section (1) or sub-section (3), as the case may be, shall take into consideration— (a) the market value of the land, building, street, road or passage on the date of publication of the notification under section 7; (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, building, street, road or passage by reason of the acquisition injuriously affecting his other immovable property in any other manner, or his earnings; (d) if, in consequence of the acquisition of the land, building, street, road or passage, the person interested is compelled to change his residence or place of business, the reasonable expenses, if any, incidental to such change. **14. Deposit and payment of amount.—(1) The amount determined** [3]*** under section 13 shall be deposited by the Central Government in such manner as may be prescribed with the competent authority 4[within such time as may be fixed by that authority]. (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: 5[Provided that where an appeal has been or is likely to be preferred under section 13 against the order by which such amount was determined and the competent authority is satisfied for reasons to be recorded in writing that it is necessary or expedient so to do, he may by order in writing— (a) require the person claiming payment of such amount to furnish as a condition of receiving such payment such security as may be specified in the order; or (b) if such person fails to furnish such security, withhold the payment of the whole or any part of such amount for such period as may be specified in the order.] (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 dispute to the decision of the principal civil court of original jurisdiction within the limits of whose jurisdiction the land, building, street, road or passage is situated. 1. Subs. by Act 41 of 1982, s. 6, for “on an application by either of the parties, to the arbitrator, be determines by the arbitrator” (w.e.f. 15-5-1983). 2. Subs. by s. 2, ibid., for “arbitrator” (w.e.f. 15-5-1983). 3. The words “by the competent authority” omitted by s. 7, ibid, (w.e.f. 15-5-1983). 4. Subs. by s. 7, ibid., for “before taking possession of the land, building, street, road or passage” (w.e.f. 15-5-1983). 5. Proviso added by s. 7, ibid. (w.e.f. 15-5-1983). ----- (5) Where the amount determined under section 13 by the [1][appellate authority] is in excess of the amount determined by the competent authority, the [1][appellate authority] may award interest at six per cent. per annum on such excess amount from the date of taking possession under section 11 till the date of the actual deposit thereof. (6) Where the amount determined by the [1][appellate authority] 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 prescribed with the competent authority and the provisions of sub-sections (2) to (4) shall apply to such deposit. **15. 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. 2[15A. Power to inspect property under acquisition.—The competent authority may, with or without assistants or workmen, enter into or upon any land, building, street, road or passage, for the purpose of performing his functions under this Act and make such enquiry, inspection, measurement and take such photographs and prepare such memorandum thereof as he may consider necessary: Provided that— (i) no such entry shall be made except between the hours of sunrise and sunset and without giving reasonable notice to— (a) the owner of, or the person interested in, the land, building, street, road or passage; or (b) the person whose right of user in or right in the nature of easement on the land, building, street, road or passage is acquired; or (c) the person who sustains any loss or damage to the land, building, street, road or passage in consequence of any direction given by the Central Government or any power exercised by the metro railway administration under this Act; (ii) sufficient opportunity shall in every instance be given to enable women, if any, to withdraw from such land, building, street, road or passage; (iii) due regard shall always be had, so far as may be compatible with the exigencies of the purpose for which the entry is made, to the social and religious usage of the person to whom notice as aforesaid is given; (iv) the competent authority making the entry shall cause as little damage or injury as possible, to the land, building, street, road or passage.] 3[16. Competent authority and appellate authority.—(1) For every metro railway, the Central Government shall, for the purposes of this Act, by notification in the Official Gazette, appoint— (i) a competent authority; and (ii) an appellate authority, for such area as may be specified in the notification. 1. Subs. by Act 41 of 1982, s. 2, for “arbitrator” (w.e.f. 15-5-1983). 2. Ins. by s. 8, ibid. (w.e.f. 15-5-1983). 3. Subs. by s. 9, ibid., for section 16 (w.e.f. 15-5-1983). ----- (2) A person shall not be qualified for appointment as a competent authority unless he is holding, or has held, a judicial office, not lower in rank than that of a subordinate judge. (3) A person shall not be qualified for appointment as an appellate authority unless he is holding, or has held, a judicial office, not lower in rank than that of a district judge. _Explanation.—For the purpose of this section,—_ (a) “district judge” includes an additional district judge; (b) “subordinate judge” means subordinate judge in the judicial service of West Bengal, and includes any judicial officer (by whatever name called) of an equivalent rank in the judicial service of any other State.] 1[16A. Powers of the appellate authority.—(1) The appellate authority may admit an appeal filed after the expiry of the period referred to in section 13 or section 22 or section 25, as the case may be, if he is satisfied that there was sufficient cause for not presenting it within that period. (2) For the disposal of an appeal under this Act, the appellate authority shall have the same powers (including the powers under sections 15 and 15A), and shall, subject to the provisions of this section, perform as nearly as may be the same duties as are conferred or imposed by this Act on the competent authority in respect of the matters under Chapter III and Chapter IV. (3) The appellate authority may, if he thinks it expedient so to do, call in his aid one or more assessors and hear the appeal wholly or partly with the aid of such assessors. (4) For the purpose of determining the amount under any appeal before him, the appellate authority may, after making such further enquiry or after taking such additional evidence, as may be necessary, pass such order as he thinks fit, determining the amount, by confirming, modifying or annulling the order appealed against. (5) An order of the appellate authority determining the amount under this Act shall be final. **16B. Competent authority, etc., to have certain inherent powers.—The competent authority and** the appellate authority may exercise powers of the nature referred to in section 151 of the Code of Civil Procedure, 1908 (5 of 1908), to the same extent and for the same purposes as such powers are exercisable by civil courts. **16C. Enforcement of the orders of the competent authority and appellate authority.—(1) Any** order made by the competent authority or the appellate authority determining any amount payable under this Act may be enforced in the same manner as if such order were a decree made by a civil court in a suit pending therein, and it shall be lawful for such authority to send, in the case of his inability to execute, such order, to the principal civil court of original jurisdiction within the local limits of whose jurisdiction the order was made. (2) Where any order under sub-section (1) is required to be enforced by the principal civil court of original jurisdiction, a certified copy of the order shall be produced to the proper officer of the court required to enforce the order. (3) The production of such certified copy shall be sufficient evidence of the order. (4) Upon the production of such certified copy, the principal civil court of original jurisdiction shall take the requisite steps for enforcing the order, in the same manner as if it had been a decree made by itself.] **17. Land Acquisition Act 1 of 1894 not to apply.—Nothing in the Land Acquisition Act, 1894,** shall apply to an acquisition under this Act. 1. Ins. by Act 41 of 1982, s. 10 (w.e.f. 15-5-1983). ----- CHAPTER IV CONSTRUCTION OF WORKS **18. Functions of metro railway administration.—Subject to the control of the Central Government,** the metro railway administration shall, for the purpose of constructing any metro railway or any other work connected therewith,— (a) make or construct in, upon, across, under or over any lands, buildings, streets, roads, railways or tramways or any rivers, canals, brooks, streams or other waters or any drains, water-pipes, gas-pipes, electric lines or telegraph lines, such temporary or permanent inclined planes, arches, tunnels, culverts, embankments, aqueducts, bridges, ways or passages, as the metro railway administration thinks proper; (b) alter the course of any rivers, canals, brooks, streams or water-courses for the purpose of constructing tunnels, passages or other works over or under them and divert or alter as well temporarily as permanently, the course of any rivers, canals, brooks, streams or water-courses or any drains, water-pipes, gas-pipes, electric lines or telegraph lines or raise or sink the level thereof in order the more conveniently to carry them over or under, as the metro railway administration thinks proper; (c) make drains or conduits into, through or under, any lands adjoining the metro railway for the purpose of conveying water from or to the metro railway; (d) erect or construct search houses, warehouses, offices and other buildings and such yards, stations, engines, machinery, apparatus and other works and conveniences, as the metro railway administration thinks proper; (e) alter, repair or discontinue such buildings, works and conveniences as aforesaid or any of them, and substitute others in their stead; (f) draw, make or conduct such maps, plans, surveys or tests, as the metro railway administration thinks proper; (g) do all other acts necessary for making, maintaining, altering or repairing and using the metro railway. **19. Powers of metro railway administration.—(1) The metro railway administration shall, for the** purpose of [1][performing its functions under section 18] have power— (a) to enter into contracts and leases and to execute all instruments necessary therefor; (b) to make such number of rail tracks as the Central Government may think necessary upon, under, along or across any land, canal, river, street or road on or in the metro alignment and all other works and conveniences in connection therewith; (c) [2][to open, divert or temporarily close], as the case may be, any street, road, cable, trench, drain (including a sewer), channel, ditch, culvert or any other device (whether for carrying of sullage, sewage, offensive matter, polluted water, trade effluent, rain water, sub-soil water or any other object), electric or gas supply line or tele-communication line, or telegraph installation, over, across or under any land, building, street, road, railway or tramway; (d) to burrow tunnels; (e) to lay down signalling and other communication facilities, electric sub-stations, supply lines and other works; (f) to regulate drilling of tubewells or sinking of wells, public or private, in the proximate vicinity of the metro alignment; (g) to do all other things necessary or expedient for the exercise of any of the aforesaid powers. 1. Subs. by Act 41 of 1982, s. 11, for certain words (w.e.f. 15-5-1983). 2. Subs. by s. 11, ibid., for “to open or divert” (w.e.f. 15-5-1983). ----- (2) While exercising any powers under sub-section (1), the metro railway administration shall take such precautionary measures as are necessary, shall do as little damage as possible and shall be liable only for the damage or cost actually suffered or incurred by any person as a result of the exercise of such powers. **20. Development over metro alignment.—(1) Any person who proposes to develop any land or** building along or on the metro alignment shall, before commencing such development and without in any way limiting his obligation under any other Act to obtain any approval or consent, submit to the metro railway administration details of the proposed development and shall comply with any conditions imposed by the metro railway administration in respect thereof. (2) The metro railway administration shall, while imposing any condition under sub-section (1), have regard to— (a) the safety of the metro railway; (b) such other matters as may be prescribed. **21. Power to prohibit or regulate construction of buildings and excavation.—(1) If the Central** Government is of opinion that it is necessary or expedient so to do for facilitating the construction of any metro railway or for ensuring the safety of any metro railway, it may, by notification in the Official Gazette,— (a) direct that no building or any such development as may be specified in the notification shall be constructed or made above the metro alignment or on any land within such distance, not exceeding 1[twenty metres] on either side of the metro alignment, as may be specified in the notification and where there is any building on such land also direct the owner of, or the person having control over, such building to demolish such building or to make such additions or alterations to such building as may be specified in the notification or to desist from making any such development and within such period as may be specified in the notification; (b) direct temporary evacuation of all persons together with any movable property or animal that may be in the custody, control or possession of such persons from any building situated above the metro alignment or in any area within a distance not exceeding twenty metres on either side of such alignment and within such period as may be specified in the notification: Provided that before issuing any notification under this clause, the Central Government shall provide every such person temporarily with alternative accommodation, which in its opinion is suitable, free of cost, or an amount, which in its opinion is sufficient, to procure a temporary alternative accommodation. (2) Where any property is needed or likely to be needed for providing any alternative accommodation under the proviso to clause (b) of sub-section (1), such property shall be deemed to be needed for a public purpose under section 3 of the Requisitioning and Acquisition of Immovable Property Act, 1952 (30 of 1952), and the competent authority under that Act shall requisition the property in accordance with the provisions of that Act and such provisions shall, in relation to such requisition, apply accordingly. (3) In specifying the distance under clause (a) of sub-section (1), the Central Government shall have regard to— (a) the nature and the requirement of the metro railway; (b) the safety of the building; (c) such other matters as may be prescribed. (4) Where any notification has been issued under sub-section (1) directing the owner or the person having control over any building to demolish such building or to make additions or alterations to such building or to desist from making any development specified in such notification, a copy of the notification containing such direction shall be served on the owner of, or the person having control over, such building, as the case may be,— (i) by delivering or tendering it to such owner or person; or 1. Subs. by Act 41 of 1982, s. 12, for “ten metres” (w.e.f. 15-5-1983). ----- (ii) if it cannot be delivered or tendered, by delivering or tendering it to the agent of such owner or person or any adult male member of the family of such owner or person or by affixing a copy thereof on the outer door or on some conspicuous part of the premises in which such owner or 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. (5) Every person shall be bound to comply with any direction contained in any notification issued under sub-section (1). **22. Payment of amount for prohibition of construction, etc.—(1) If in consequence of any** direction contained in any notification issued under sub-section (1) of section 21 any person sustains any loss or damage, such person shall be paid an amount which shall be determined [1][by an order of the competent authority] in the first instance. (2) If the amount determined by the competent authority is not acceptable to either of the parties, the amount shall, [2][on an appeal preferred by either of the parties, within sixty days from the date of the order of the competent authority, to the appellate authority, be determined by an order of the appellate authority]. (3) The competent authority or the [3][appellate authority], while determining the amount under sub-section (1) or sub-section (2), as the case may be, shall take into consideration— (i) the loss or damage sustained by such person in his earnings; (ii) the diminution, if any, of the market value of the land or building immediately after the date of publication of such notification; (iii) where in pursuance of any direction any building has been demolished or any additions or alterations to such building have been made or any development has been desisted by such person, the damage sustained by him in consequence of such demolition or the making of such additions or alterations or the desisting from making such development and the expenses incurred by such person for such demolition or additions or alterations: Provided that the expenses incurred for such demolition or additions or alterations shall not be taken into consideration if such demolition or additions or alterations has or have been done by the metro railway administration under sub-section (2) of section 36; (iv) if any such person is compelled to change his residence or place of business the reasonable expenses, if any, that may have to be incurred by him incidental to such change. **23. Power to underpin building or otherwise strengthen it.—(1) If the metro railway** administration is of opinion that it is necessary or expedient so to do for facilitating the construction of any metro railway or for ensuring the safety of any metro railway, it may, underpin or otherwise strengthen any building within such radius not exceeding fifty metres from the metro alignment. (2) The metro railway administration shall give to the owner or occupier of such building at least ten days notice in writing before undertaking the work of underpinning or otherwise strengthening the building: Provided that where the metro railway administration is satisfied that an emergency exists, no such notice shall be necessary. (3) Where the underpinning or strengthening was executed in connection with— (a) the carrying out of the works upon the land where any building is situated, or (b) the construction or operation of any metro railway, 1. Subs. by Act 41 of 1982, s. 13, for “by the competent authority” (w.e.f. 15-5-1983). 2. Subs by s. 13, ibid., for certain words (w.e.f. 15-5-1983). 3. Subs. by Act 41 of 1982, s. 2, for “arbitrator” (w.e.f. 15-5-1983). ----- the metro railway administration may, at any time after the underpinning or strengthening of such building is completed and before the expiration of a period of twelve months,— (i) in a case referred to in clause (a), from the completion of such works; and (ii) in a case referred to in clause (b), from the date on which traffic was opened in the metro railway, enter upon and survey such building and do such further underpinning or strengthening thereon as it may deem necessary. **24. Power to enter, etc.—(1) With a view to making survey, or to ascertaining the nature or** condition, of any land or building for the purpose of construction of any metro railway or any other work connected therewith, the metro railway administration or any person authorised by that administration may, at any reasonable hour in the day time and after giving reasonable notice to the owner or occupier of such land or building, enter upon or into such land or building in, along, over or near the metro alignment to— (a) inspect the same; (b) make measurements and drawings and take photographs thereof and such other suitable measures as may be necessary to explore and check up, by digging trial pits or otherwise, the foundation of any building in the vicinity of the metro alignment; (c) take such other measures as the said administration deems necessary and proper. (2) Without prejudice to the powers conferred on it under section 19, the metro railway administration may, by writing, request any person or body of persons controlling any sewer, storm water drain, pipe, wire or cable to carry out at the expense of the metro railway administration any alterations thereto which that administration is authorised or may be required to carry out to meet any particular situation for carrying out the purposes of this Act. (3) If any difference or dispute arises between the metro railway administration and the person or body of persons referred to in sub-section (2) in relation to any such alterations or the cost thereof, such difference or dispute shall be determined by the Central Government in consultation (wherever necessary) with the State Government and the decision of the Central Government in this regard shall not be called in question in any court. **25. Amount payable for damage, loss or injury.—(1) Where the metro railway administration** exercises any power conferred on it by or under this Act and in consequence thereof any damage, loss or injury is sustained by any person interested in any land, building, street, road or passage, the metro railway administration shall be liable to pay to such person for such damage, loss or injury such amount as may be determined by the competent authority. (2) If the amount determined by the competent authority under sub-section (1) is not acceptable to either of the parties, the amount payable shall, [1][on an appeal preferred by either of the parties, within sixty days from the date of the order of the competent authority, to the appellate authority, be determined by an order of the appellate authority]. (3) The competent authority or the [2][appellate authority] while determining the amount under sub-section (1) or sub-section (2), as the case may be, shall have due regard to the damage, loss or injury sustained by any person interested in the land, building, street, road or passage by reason of— (i) the removal of trees or standing crops, if any; (ii) the temporary severance of the land, building, street, road or passage; (iii) any injury to any other property whether movable or immovable. 1. Subs. by Act 41 of 1982, s. 14, for certain words (w.e.f. 15-5-1983). 2. Subs. by s. 2, ibid., for “arbitrator” (w.e.f. 15-5-1983). ----- 1[(4) The procedure and the manner of deposit and payment of the amount payable for acquiring any land, building, street, road or passage or any right of user in or any right in the nature of easement on any land, building, street, road or passage shall be followed in the case of the procedure and the manner of deposit and payment of the amount determined by the competent authority or the appellate authority under this section.] **26. Right to claim for damages.—No claim in respect of any damage, loss or injury alleged to have** been caused as a consequence of construction of any metro railway or any other work connected therewith under this Act shall lie against the metro railway administration unless such claim is made within a period of twelve months from the date of completion of the construction of such metro railway or other work in the area in which such damage, loss or injury is caused. CHAPTER V INSPECTION OF METRO RAILWAY **27. Appointment and duties of commissioner.—(1) The Central Government may appoint as many** persons as it thinks fit by name or by virtue of their office to be commissioners of metro railway. (2) Every commissioner shall— (a) inspect the metro railway with a view to determining whether it is fit to be opened for public carriage of passengers and report thereon to the Central Government; (b) make such periodical or other inspections of any metro railway or of any rolling stock used thereon as the Central Government may direct; (c) perform such other duties as may be imposed on him by or under this Act or any other enactment for the time being in force relating to railways or required by the Central Government. **28. Powers of commissioners.—Subject to the control of the Central Government every** commissioner shall have the power— (a) to enter upon and inspect any metro railway or any rolling stock used thereon; (b) to make any enquiry or to take any measurement as he thinks fit for the performance of his duties under this Act; (c) by an order in writing under his hand and official seal addressed to any metro railway administration, to require the attendance before him of any officer or other employee of the metro railway and to require answers or returns, to such enquiries as he thinks fit to make, from such officer or other employee or from the said administration; (d) to require the production of any book or other documents belonging to, or in the possession or control of, any metro railway administration which it appears to him to be necessary to inspect for the performance of his duties by or under this Act. **29. Facilities to be afforded to commissioner.—Every metro railway administration shall afford to** every commissioner all reasonable facilities for performing the duties or exercising the powers imposed or conferred upon him by or under this Act. CHAPTER VI MISCELLANEOUS **30. Surplus land to be sold or otherwise disposed of.—Every metro railway administration may,** with the previous approval of the Central Government, sell or otherwise dispose of any land vested in the Central Government under the provisions of this Act when such land is no longer required for the purposes of the metro railway. 1. Ins. by Act 41 of 1982, s. 14 (w.e.f. 15-5-1983). ----- **31. Notice of accidents and enquiries.—(1) If any accident occurs during the construction of any** metro railway or at any stage subsequent thereto as a consequence of such construction and the accident results in, or is likely to have resulted in, loss of human being or animal or damage to any property, it shall be the duty of the metro railway administration to give notice to the Central Government of the occurrence of any such loss or damage in such form and within such time as may be prescribed. (2) On receipt of a notice under sub-section (1), the Central Government may, if it thinks fit, appoint a commission to enquire into the accident and report as to— (a) the cause of such accident; (b) the manner in which and the extent to which the provisions of this Act or any other Act for the time being in force in so far as those provisions regulate and govern the safety of any person, animal or property, have been complied with. (3) The commission appointed under sub-section (2), while holding an enquiry, 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 or 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. **32. Power to alter the entries in the Schedule.—(1) The Central Government may, by notification** in the Official Gazette,— (a) add to the Schedule the metro alignment in respect of a [1][metropolitan city, metropolitan area and the National Capital Region] to which this Act is made applicable under sub-section (3) of section 1; (b) alter any metro alignment specified in the Schedule if it is of opinion that such alteration is necessary for the construction and maintenance of the metro railway to which such alignment relates. (2) Every notification issued under sub-section (1) shall, as soon as may be after it is issued, be laid before each House of Parliament. **33. Prohibition of obstruction.—No person shall, without any reasonable cause or excuse, obstruct** any person with whom the metro railway administration has entered into a contract, in the performance or execution by such person of such contract. **34. Local authorities to assist.—Every local authority shall render such help and assistance and** furnish such information to the metro railway administration as that administration may require for discharging its functions and shall make available to the said administration for inspection and examination such records, maps, plans and other documents as may be necessary for the discharge of such functions. **35. Prohibition of removal of marks.—No person shall remove any marks placed or fill up any** trench cut for the purpose of marking levels, boundaries or lines by the metro railway administration. **36. Penalty for failure to comply with directions issued under section 21.—(1) If any person** wilfully fails to comply with any direction contained in any notification issued under section 21, he shall be punished 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. Subs. by Act 34 of 2009, s. 3, for “metropolitan city” (w.e.f. 7-9-2009). ----- (2) Without prejudice to the provisions of sub-section (1), if any person fails to demolish any building or make additions or alterations thereto in pursuance of any direction contained in any notification issued under section 21 within the period specified in the notification, then, subject to such rules as the Central Government may make in this behalf, it shall be competent for any officer authorised by the metro railway administration in this behalf to demolish such building or make necessary additions or alterations thereto. 1[(2A) Without prejudice to the provisions of sub-section (1), if any person fails to vacate temporarily any building together with any movable property or animal that may be in his custody, control or possession in pursuance of any direction contained in any notification issued under section 21 within the period specified in the notification, the competent authority may enforce the direction of temporary evacuation physically by taking such police help, as may be considered by him necessary, and for this purpose the provisions of sub-section (2) of section 11 shall, as far as may be, apply.] **37. General provision for punishment of offences.—Whoever contravenes any provision of this** Act or of any rule made thereunder shall, if no other penalty is provided for such contravention elsewhere in this Act or the rules, 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. **38. Offences by companies.—(1) Where an offence under this Act has been committed by a** company, every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be 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. **39. Bar of jurisdiction.—No suit or application for injunction shall lie in any court against the** Central Government or the metro railway administration or any officer or other employee of that Government or the metro railway or any person working for or on behalf of the metro railway administration, in respect of any work done or purported to have been done or intended to be done by it or the said administration or such officer or other employee or such person in connection with the construction of any metro railway or any other work connected therewith. **40. Effect of Act and rules, etc., inconsistent with other enactments.—The provisions of this Act** or any rule made or any notification issued thereunder shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or in any instrument having effect by virtue of any enactment other than this Act. **41. Protection of action taken in good faith.—(1) No suit, prosecution or other legal proceeding** shall lie against the Central Government, the metro railway administration or any officer or other employee of that Government or the metro railway for anything which is in good faith done or intended to be done under this Act. 1. Ins. by Act 41 of 1982, s. 15 (w.e.f. 15-5-1983). ----- (2) No suit, prosecution or other legal proceeding shall lie against the Central Government or the metro railway administration or any officer or other employee of that Government or the metro railway 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. **42. Power to remove difficulties.—If any difficulty arises in giving effect to the provisions of** this Act, the Central Government may, by order, do anything not inconsistent with such provisions, which appears to it to be necessary or expedient for the purpose of removing the difficulty: Provided that no such order shall, in relation to any metropolitan city, be made after the expiry of a period of two years from the date on which this Act applies or is made applicable to such metropolitan city under sub-section (3) of section 1. **43. Application of the Indian Railways Act, 1890.—Save as otherwise provided in this Act,** the provisions of this Act shall be in addition to, and not in derogation of, the Indian Railways Act, 1890 (9 of 1890). **44. 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 the following matters, namely:— (a) the times and places at which the Advisory Board shall meet and the procedure in regard to transaction of business by the Advisory Board under sub-section (5) of section 4; (b) the term of office of the members of the Advisory Board under sub-section (6) of section 4; (c) the times and places at which the committees shall meet and the procedure in regard to transaction of business by the committees under sub-section (2) of section 5; (d) the payment of fees, allowances and travelling allowances to the members of the committee under sub-section (3) of section 5; (e) the form in which an application for acquisition shall be made under section 6; (f) the places at which and the manner in which the substance of the notification shall be published under sub-section (3) of section 7; (g) the manner in which the amount shall be deposited with the competent authority under sub-sections (1) and (6) of section 14; (h) the matters to be specified under clause (b) of sub-section (2) of section 20; (i) the matters to be specified under clause (c) of sub-section (3) of section 21; (j) the form in which and the time within which a notice shall be given under sub-section (1) of section 31; (k) 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. **45. Saving.—Notwithstanding anything contained in this Act any proceeding, for the acquisition of** any land, under the Land Acquisition Act, 1894 (1 of 1894), for the purpose of any metro railway, pending immediately before the commencement of this Act before any court or other authority shall be continued and be disposed of under that Act as if this Act had not come into force. ----- -----

27-Aug-1978

34

The Delhi Police Act, 1978

https://www.indiacode.nic.in/bitstream/123456789/1742/1/197834.pdf

central

# THE DELHI POLICE ACT, 1978 ______ ARRANGEMENT OF SECTIONS _______ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. CHAPTER II ORGANISATION, SUPERINTENDENCE AND CONTROL OF THE POLICE FORCE 3. One police force for the whole of Delhi. 4. Superintendence of police force to vest in the Administrator. 5. Constitution of police force. 6. Commissioner of Police. 7. Additional Commissioner of Police. 8. Deputy, Additional Deputy and Assistant Commissioners of Police. 9. Appointment of Principals of Police training institutions. 10. Constitution of police districts, sub-divisions and police stations. 11. Officers in charge of police districts, police sub-divisions and police stations. 12. Appointment of subordinate ranks. 13. Certificate of appointment. 14. Effect of suspension of police officer. 15. General powers of Commissioner of Police. 16. Power of Commissioner of Police to investigate and regulate matters of police accounts. 17. Special police officers. 18. Additional police officers. CHAPTER III REGULATION, CONTROL AND DISCIPLINE OF THE DELHI POLICE 19. Framing of regulations for administration of the police. 20. Commissioner of Police may call for returns. 21. Powers of punishment. 22. Procedure for awarding punishments. 23. Appeal from orders of punishment. 24. Police officers to be deemed to be always on duty and to be liable to employment in any part of Delhi. 25. Circumstances under which police officer of subordinate rank may resign. 1 ----- SECTIONS 26. Certificate, arms, etc., to be delivered by person ceasing to be a police officer. 27. Occupation of, and liability to vacate, premises provided for police officers. CHAPTER IV POLICE REGULATIONS 28. Power to make regulations for regulating traffic and for preservation of order in public places, etc. 29. Power to give directions to the public. 30. Power to prohibit certain acts for prevention of disorder. 31. Police to provide against disorder, etc., at places of public amusement or public assembly or meeting. 32. Power to prohibit, etc., continuance of music, sound or noise. 33. Issue of order of prevention of riot, etc. 34. Maintenance of order at religious or ceremonial display, etc. 35. Commissioner of Police may take special measures to prevent outbreak of epidemic disease at fairs, etc. 36. Power to reserve street or other public place for public purpose and power to authorise erecting of barriers in streets. 37. Power to make regulations prohibiting disposal of the dead except at places set apart. CHAPTER V SPECIAL MEASURES FOR MAINTENANCE OF PUBLIC ORDER AND SECURITY OF STATE 38. Employment of additional police to keep peace. 39. Employment of additional police in cases of special danger to public peace. 40. Employment of additional police at large work and when apprehension regarding behaviour of employees exists. 41. Compensation for injury caused by unlawful assembly how recoverable. 42. Dispute in regard to cost of deputing additional police or compensation under section 41. 43. Recovery of amount payable under section 38, 39, 40 or 41. 44. Collector to award compensation. 45. Recovery of amounts payable under sections 39 and 41. 46. Dispersal of gangs and bodies of persons. 47. Removal of persons about to commit offences. 48. Removal of persons convicted of certain offences. 49. Period of operation of orders under section 46, 47 or 48. 50. Hearing to be given before order under section 46, 47 or 48 is passed. 51. Appeal against orders under section 46, 47 or 48. 52. Finality of order in certain cases. 53. Procedure on failure of person to leave the area and his entry therein after removal. 2 ----- SECTIONS 54. Temporary permission to enter and consequences of non-observance of conditions of such permission. 55. Taking measurements and photographs, etc., of persons against whom an order under section 46, 47 or 48 is made. 56. Resistance to the taking of measurements, etc. 57. Banning of use of dress, etc., resembling uniform of armed forces. 58. Constitution of Defence Societies. CHAPTER VI EXECUTIVE DUTIES AND POWERS OF POLICE OFFICERS 59. Duty of police officer to enforce provisions of the Act. 60. Other duties of a police officer. 61. Power to enter places of public resort. 62. Power to search suspected persons in street, etc. 63. Emergency duties of police. 64. Superior police officer may himself perform duties imposed on a subordinate officer. 65. Persons bound to comply with the reasonable directions of police officer. CHAPTER VII POWERS IN RELATION TO UNCLAIMED PROPERTY 66. Police to take charge of unclaimed property. 67. Procedure for disposal of property taken charge of under section 66. 68. Delivery of property to person entitled. 69. In default of claim, property to be at disposal of Government. CHAPTER VIII SPECIAL PROVISIONS RELATING TO EXERCISE OF POWERS UNDER THE CODE OF CRIMINAL PROCEDURE, 1973 70. Power of Central Government to authorise Commissioner of Police and certain other officers to exercise powers of District Magistrates and Executive Magistrates under the Code of Criminal Procedure, 1973. 71. Notifications under section 70 to be laid before Parliament. 72. References to Judicial Magistrate of the first class in sections 108, 109 and 110 of the Code of Criminal Procedure, 1973 not to be construed as references to an Executive Magistrate. CHAPTER IX SPECIAL POWERS UNDER THE PREVENTION OF CRUELTY TO ANIMALS ACT, 1960 73. Powers with regard to offences under Act 59 of 1960. 74. Powers of Metropolitan Magistrate to return animal to person from whose possession it was taken. 75. Veterinary officer to examine the animal. 76. Animal to be dealt with under Act 59 of 1960. 3 ----- SECTIONS 77. Power of police officer to unsaddle animal or to unload it. 78. Arrest without warrant in case of certain offences under Act 59 of 1960. 79. Provisions of Chapter to be in addition to the provisions of Act 59 of 1960. CHAPTER X OFFENCES AND PUNISHMENTS 80. Disregarding the rules of the road. 81. Causing obstruction or mischief by animal. 82. Exposing animal for hire, sale, etc. 83. Causing any obstruction in a street. 84. Obstructing a footway. 85. Causing obstruction and annoyance by performances, etc. 86. Doing offensive acts in or near a street or public place. 87. Letting loose horse, etc., and suffering ferocious dogs to be at large. 88. Bathing or washing in places not set apart for those purposes. 89. Defiling water in public wells, etc. 90. Obstructing bathers. 91. Behaving indecently in public. 92. Obstructing or annoying passengers in the street. 93. Misbehaviour with intent to provoke a breach of the peace. 94. Prohibition against flying kites, etc. 95. Committing nuisance in or near street, etc. 96. Disregard of notice in public building. 97. Penalties for offences under sections 80 to 96. 98. Penalty for failure to keep in confinement cattle, etc. 99. Punishment for cruelty to animals. 100. Wilful trespass. 101. False alarm of fire or damage to fire alarm. 102. Being found under suspicious circumstances between sunset and sunrise. 103. Possession of property of which no satisfactory account can be given. 104. Omission by pawn-brokers, etc., to report to police possession or tender of property suspected to be stolen. 105. Melting, etc., of property referred to in section 104. 106. Taking pledge from child. 107. Suffering disorderly conduct at places of public amusement, etc. 108. Cheating at games and gambling in street. 109. Penalty for disobedience to order under section 27. 110. Penalty for contravening regulations, etc., under section 28. 4 ----- SECTIONS 111. Liability of licensee of place of public amusement or entertainment for acts of servants. 112. Penalty for not obtaining licence in respect of place of public entertainment or certificate of registration in respect of eating house or for not renewing such licence or certificate within prescribed period. 113. Penalties for contravention of orders, etc., under sections 29, 30, 31, 32, 33 and 34. 114. Penalty for contravention of regulations, etc., made under sections 35, 36 and 37. 115. Penalty for contravention of directions under section 46, 47 or 48. 116. Penalty for entering without permission area from which a person is directed to remove himself or overstaying when permitted to return temporarily. 117. Penalty for contravention of orders under section 57. 118. Penalty for opposing or not complying with direction given under clause (b) of sub-section (1) of section 59. 119. Penalty for contravening directions under section 65. 120. Dangerous performances. 121. Neglect or refusal to serve as special police officer. 122. Penalty for making false statement, etc., and for misconduct of police officers. 123. Penalty for failure to deliver up certificate of appointment or other article. 124. Vexatious entry, search, arrest, etc., by police officer. 125. Penalty for vexatious delay in forwarding a person arrested. 126. Penalty for unauthorised use of police uniforms. 127. Power to make regulations regarding carrying weapons without authority. 128. Prosecution for certain offences against this Act to be in the discretion of Delhi police. 129. Summary disposal of certain cases. 130. Prosecution for offences under other enactments not affected. 131. Offences by companies. CHAPTER XI MISCELLANEOUS 132. Disposal of fees, rewards, etc. 133. Method of proving orders and notifications. 134. Rules, regulations or orders not invalidated by defect of form or irregularity in procedure. 135. Presumption in prosecutions for contravention of order made under section 46, 47 or 48. 136. Officers holding charges of, or succeeding to, vacancies competent to exercise powers. 137. Forfeiture of bond entered into by person under sub-section (1) of section 54. 138. No police officer to be liable to penalty or damage for act done in good faith in pursuance of duty. 139. No public servant liable as aforesaid for giving effect in good faith to any rule, regulation, order or direction issued with apparent authority. 140. Bar to suits and prosecutions. 5 ----- SECTIONS 141. Licences and written permissions to specify conditions, etc., and to be signed. 142. Public notices how to be given. 143. Consent, etc., of a competent authority may be proved by writing under its signature. 144. Signature on notices, etc., may be stamped. 145. Persons interested may seek to annul, reverse or alter any rule or order. 146. Powers of Commissioner of Police under other Acts. 147. Power to make rules. 148. Notification of rules and regulations in the Official Gazette and laying of rules and regulations. 149. Cesser of operation of certain enactments and savings. 150. Police force functioning in Delhi immediately before the commencement of this Act to be deemed to be police force constituted under this Act. 151. Power to remove difficulties. 152. Repeal and saving. SCHEDULE I SCHEDULE II SCHEDULE III 6 ----- # THE DELHI POLICE ACT, 1978 ACT NO. 34 OF 1978 [27th August, 1978.] # An Act to amend and consolidate the law relating to the regulation of the police in the Union territory of Delhi. BE it enacted by Parliament in the Twenty-ninth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title, extent and commencement.—(1) This Act may be called the Delhi Police Act, 1978.** (2) It extends to the whole of the Union territory of Delhi. (3) It shall be deemed to have come into force on the 1st day of July, 1978. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “Administrator” means the Administrator of Delhi appointed under article 239 of the Constitution; (b) “cattle” includes elephants, camels, horses, asses, mules, sheep, goats and swine; (c) “competent authority”, when used with reference to the exercise of any power or discharge of any duty under the provisions of this Act, means the Commissioner of Police appointed under section 6 or any other police officer specially empowered in that behalf by the Central Government; (d) “constable” means a police officer of the lowest grade; (e) “Corporation” means the Municipal Corporation of Delhi constituted under the Delhi Municipal Corporation Act, 1957 (66 of 1957); (f) “Delhi” means the Union territory of Delhi; (g) “Delhi police” or “police force” means the police force referred to in section 3 and includes— (i) all persons appointed as special police officers under sub-section (1) of section 17 and additional police officers appointed under section 18; and (ii) all other persons, by whatever name known, who exercise any police function in any part of Delhi; (h) “eating house” means any place to which the public are admitted and where any kind of food or drink is supplied for consumption on the premises by any person owning, or having any interest in, or managing, such place and includes— (i) a refreshment room, boarding house or coffee house, or (ii) a shop where any kind of food or drink is supplied to the public for consumption in or near such shop, but does not include a place of public entertainment; (i) “municipality” means the New Delhi Municipal Committee, the Cantonment Board or any other municipal body, other than the Corporation, established by or under any law for the time being in force in or in any part of Delhi; (j) “place” includes— (i) any building, tent, booth or other erection, whether permanent or temporary; and 7 ----- (ii) any area, whether enclosed or open; (k) “place of public amusement” means any place where music, singing, dancing or game or any other amusement, diversion, or recreation or the means of carrying on the same is provided, to which the public are admitted either on payment of money or with the intention that money may be collected from those admitted and includes a race course, circus, theatre, music hall, billiard or bagatelle room, gymnasium, fencing school, swimming pool or dancing hall; (l) “place of public entertainment” means a lodging house, boarding and lodging house or residential hostel and includes any eating house or other place in which any kind of liquor or intoxicating drug is supplied (such as a tavern or a shop where beer, spirit, arrack, toddy, ganja, bhang or opium is supplied) to the public for consumption in or near such place; (m) “police officer” means any member of the Delhi police; (n) “prescribed” means prescribed by rules; (o) “public place” means any place to which the public have access, whether as of right or not, and includes— (i) a public building and monument and precincts thereof; and (ii) any place accessible to the public for drawing water, washing or bathing or for purposes of recreation; (p) “regulations” means regulations made under this Act; (q) “rules” means rules made under this Act; (r) “street” includes any highway, bridge, way over a causeway, viaduct or arch or any road, lane, footway, square, court, alley or passage accessible to the public, whether or not it is a thoroughfare; (s) “subordinate ranks” means members of the police force of and below the rank of the Inspector; (t) “vehicle” means any carriage, cart, van, dray, truck, handcart or other conveyance of any description and includes a bicycle, tricycle, a rickshaw, a motor vehicle, a vessel or an aeroplane. CHAPTER II ORGANISATION, SUPERINTENDENCE AND CONTROL OF THE POLICE FORCE **3. One police force for the whole of Delhi.—There shall be one police force for the whole of Delhi** and all officers and subordinate ranks of the police force shall be liable for posting to any branch of the force including the Delhi Armed Police. **4. Superintendence of police force to vest in the Administrator.—The superintendence of the** Delhi police throughout Delhi shall vest in, and be exercisable by the Administrator and any control, direction or supervision exercisable by any officer over any member of the police force shall be exercisable subject to such superintendence. **5. Constitution of police force.—Subject to the provisions of this Act,—** (a) the Delhi police shall consist of such number in the several ranks and have such organisation and such powers, functions and duties as the Administrator may, by general or special order, determine; and (b) the recruitment to, and the pay, allowances and all other conditions of service of the members of, the Delhi police shall be such as may be prescribed: Provided that nothing in clause (b) shall apply to the recruitment to, and the pay, allowances and other conditions of service of the members of the Indian Police Service or the Delhi, Andaman and Nicobar Islands Police Service. 8 ----- **6. Commissioner of Police.—For the direction and supervision of the police force in Delhi, the** Administrator shall appoint a Commissioner of Police who shall exercise and perform such powers and duties and perform such functions as are specified by or under this Act. **7. Additional Commissioner of Police.—(1) The Administrator may appoint one or more Additional** Commissioners of Police for the purposes of this Act. (2) The Additional Commissioner of Police shall— (a) assist the Commissioner of Police in the exercise of his powers and the performance of his duties in such manner and to such extent, and (b) exercise such powers and perform such duties of the Commissioner of Police and within such local limits, as the Administrator may, by general or special order, specify. **8. Deputy, Additional Deputy and Assistant Commissioners of Police.—(1) The Administrator** may appoint one or more Deputy Commissioners of Police or Additional Deputy Commissioners of Police or Assistant Commissioners of Police for the purposes of this Act. (2) Without prejudice to the other provisions of this Act and subject to any general or special orders made by the Administrator in this behalf, every Deputy Commissioner of Police or Additional Deputy Commissioner of Police or Assistant Commissioner of Police shall, under the orders of the Commissioner of Police, exercise such of the powers (except the power to make regulations) and perform such of the duties of the Commissioner of Police and within such local limits as may be specified in such orders. **9. Appointment of Principals of Police training institutions.—(1) (a) The Administrator shall** appoint a police officer not below the rank of a Deputy Commissioner of Police to be the Principal of the Police Training School for Delhi. (b) The Commissioner of Police may by general or special order assign to the Principal of the Police Training School such powers and duties as he may deem fit for the proper functioning of that School. (2) (a) The Administrator may establish a Police Training College for Delhi and appoint a police officer of appropriate rank to be the Principal of such College. (b) The Commissioner of Police may by general or special order assign to the Principal of the Police Training College such powers and duties as he may deem fit for the proper administration of that College. **10. Constitution of police districts, sub-divisions and police stations.—Subject to the control of** the Administrator, the Commissioner of Police shall— (a) constitute police districts within Delhi; (b) divide such police districts into police sub-divisions and specify the police stations comprised in each such sub-division; and (c) define the limits and extent of such police districts, police sub-divisions and police stations. **11. Officers in charge of police districts, police sub-divisions and police stations.—(1) Each** police district shall be under the charge of a Deputy Commissioner of Police who may be assisted in the discharge of his duties by one or more Additional Deputy Commissioners of Police. (2) Each police sub-division shall be under the charge of an Assistant Commissioner of Police and each police station shall be under the charge of an Inspector of Police. **12. Appointment of subordinate ranks.—Subject to such general or special orders in writing as the** Administrator may make in this behalf,— (a) Inspectors of Police may be appointed by the Additional Commissioner of Police; and (b) Sub-Inspectors of Police and other officers of subordinate rank may be appointed by the Deputy Commissioners of Police, Additional Deputy Commissioners of Police, Principal of the Police Training College or of the Police Training School, or any other police officer of equivalent rank. 9 ----- **13. Certificate of appointment.—(1) Every police officer of the rank of Inspector and below shall on** enrolment receive a certificate of appointment. (2) The certificate shall be issued under the seal of such officer, and shall be in such form, as the Administrator may, by general or special order, specify. (3) A certificate of appointment shall become null and void when the person named therein ceases to belong to the Delhi police or shall remain inoperative during the period such person is suspended from the Delhi police. **14. Effect of suspension of police officer.—The powers, functions and privileges vested in a police** officer shall remain suspended while such police officer is under suspension from office: Provided that notwithstanding such suspension such person shall not cease to be a police officer and shall continue to be subject to the control of the same authorities to which he would have been subject if he had not been under suspension. **15. General powers of Commissioner of Police.—The Commissioner of Police shall direct and** regulate all matters of arms, drill, exercise, observation of persons and events, mutual relations, distribution of duties, study of laws, orders and modes of proceedings and all matters of executive detail or the fulfilment of their duties by the police force under him. **16. Power of Commissioner of Police to investigate and regulate matters of police accounts.—** The Commissioner of Police shall have the authority to investigate and regulate all matters of account connected with the Delhi police and all persons concerned shall be bound to give him reasonable aid and facilities in conducting such investigations and to conform to his orders consequent thereto. **17. Special police officers.—(1) The Commissioner of Police may, at any time, by a written order,** signed by himself and sealed with his own seal, appoint any able bodied male person not less than eighteen years of age, whom he considers fit, to be a special police officer to assist the Delhi police on any occasion, when he has reason to apprehend the occurrence of any riot or grave disturbance of the peace in any area and he is of opinion that the ordinary police force is not sufficient for the protection of persons residing, and for the security of property, within such area. (2) The Commissioner of Police shall publish the names of special police officers appointed under this section in such manner as may be prescribed. (3) Any person objecting to the appointment of any person as such special police officer may send his reasons for such objection to the Commissioner of Police within fifteen days of such appointment and the Commissioner may accept such objection and cancel the appointment of such officer or, after giving to the objector an opportunity to be heard, reject the objection. (4) Every special police officer appointed under this section shall, on appointment,— (a) receive a certificate of appointment in such form as may be specified by the Administrator in this behalf; (b) have the same powers, privileges and immunities and perform the same duties and be subject to the same authorities as an ordinary police officer. **18. Additional police officers.—Where additional police officers are required to be deputed under** section 38, section 39 or section 40 the Commissioner of Police may appoint such number of additional police officers as he considers necessary and every such additional police officer shall, on appointment,— (a) receive a certificate of appointment in such form as may be specified by the Administrator in this behalf; (b) have such of the powers, privileges and immunities and perform such of the duties of a police officer as are specifically mentioned in the certificate; and (c) be subject to the same authorities as an ordinary police officer of the same or similar rank or grade. 10 ----- CHAPTER III REGULATION, CONTROL AND DISCIPLINE OF THE DELHI POLICE **19. Framing of regulations for administration of the police.—Subject to the orders of the** Administrator, the Commissioner of Police may make regulations not inconsistent with this Act or any other law for the time being in force— (a) regulating the inspection of the police force by his subordinates; (b) determining the description and quantity of arms, accoutrements, clothing and other necessaries to be furnished to the police; (c) prescribing the places of residence of members of the police force; (d) for institution, management and regulation of any police fund for any purpose connected with police administration; (e) regulating the distribution, movements and location of the police; (f) assigning duties to police officers of all ranks and grades, and prescribing the manner in which, and the conditions subject to which they shall exercise and perform their respective powers and duties; (g) regulating the collection and communication by the police of intelligence and information; (h) generally, for the purpose of rendering the police efficient and preventing abuse or neglect of their duties. **20. Commissioner of Police may call for returns.—The Commissioner of Police may call for such** returns, reports and statements on any subject connected with the prevention and detection of crime, the maintenance of order and the performance of the duties of his subordinates as such subordinates may be able to furnish to him. **21. Powers of punishment.—(1) Subject to the provisions of article 311 of the Constitution and the** rules, the Commissioner of Police, Additional Commissioner of Police, Deputy Commissioner of Police, Additional Deputy Commissioner of Police, Principal of the Police Training College or of the Police Training School or any other officer of equivalent rank, may award to any police officer of subordinate rank any of the following punishments, namely:— (a) dismissal; (b) removal from service; (c) reduction in rank; (d) forfeiture of approved service; (e) reduction in pay; (f) withholding of increment; and (g) fine not exceeding one month’s pay. (2) Subject to the rules— (a) any police officer specified in sub-section (1) may award the punishment of censure to any police officer of subordinate rank; (b) the Assistant Commissioner of Police may award the punishment of censure to police officers of, or below, the rank of Sub-Inspectors of Police; (c) any police officer of, and above, the rank of Inspector may award punishment drill not exceeding fifteen days or fatigue duty or any other punitive duty to constables. 11 ----- (3) Nothing in sub-section (1) or sub-section (2) shall affect any police officer’s liability for prosecution and punishment for any offence committed by him. (4) The Commissioner of Police, Additional Commissioner of Police, Deputy Commissioner of Police, Additional Deputy Commissioner of Police, Principal of the Police Training College or of the Police Training School, Assistant Commissioner of Police, or any other police officer of equivalent rank may suspend any police officer of subordinate rank who is reasonably suspected to be guilty of misconduct, pending an investigation or enquiry into such misconduct. (5) An Inspector of Police may suspend any police officer below the rank of Sub-Inspector of Police, who is reasonably suspected to be guilty of misconduct, pending an investigation or enquiry into such misconduct. **22. Procedure for awarding punishments.—When any officer passes an order of awarding a** punishment of dismissal, removal from service, reduction in rank, forfeiture of service, reduction in pay, withholding of increments or fine, he shall record such order or cause the same to be recorded together with the reasons therefor, in accordance with the rules. **23. Appeal from orders of punishment.—An appeal against any order of punishment passed against** a police officer under section 21 or the rules thereunder [not being an order of punishment under clause (c) of sub-section (2) of that section] shall lie— (a) where the order is passed by the Commissioner of Police, to the Administrator; (b) where the order is passed by an Additional Commissioner of Police, to the Commissioner of Police; (c) where the order is passed by a Deputy Commissioner of Police, Additional Deputy Commissioner of Police, Principal of the Police Training College or School, Assistant Commissioner of Police or any other officer of equivalent rank, to the Additional Commissioner of Police. **24. Police officers to be deemed to be always on duty and to be liable to employment in any part** **of Delhi.—Every police officer not on leave or under suspension shall for all purposes of this Act be** deemed to be always on duty and any police officer or any number or body of police officers allocated for duty in any part of Delhi may, if the Commissioner of Police so directs, at any time, be employed on police duty in any other part of Delhi for so long as the services of the police officer or number or body of police officers may be required in such other part of Delhi. **25. Circumstances under which police officer of subordinate rank may resign.—(1) Resignation** of any police officer of subordinate rank may be accepted only by the officer empowered to appoint (the officer so empowered to appoint being hereafter in this section referred to as the appointing authority) officers of such subordinate rank. (2) A police officer of subordinate rank who intends to resign from police service shall give to the appointing authority notice in writing to that effect and shall not be permitted to withdraw himself from duty unless he has been granted permission to resign by such authority and two months have elapsed from the date on which he tendered his resignation: Provided that the appointing authority may at his discretion, permit a Head Constable or a constable to withdraw himself from duty on his crediting to the Government two months’ pay in lieu of notice. (3) A Head Constable or a constable who has agreed to serve for any specific period may not be permitted to resign before the expiry of that period. (4) Inspectors, Sub-Inspectors or Assistant Sub-Inspectors of Police, whose appointments involve training at any Police Training College or Police Training School may not be permitted to resign within three years from the date of their successfully completing the training. (5) No police officer of subordinate rank whose resignation has been accepted by the appointing authority shall be permitted to withdraw from duty until he has fully discharged all debts, due from him as such police officer to Government or to any police fund and has surrendered his certificate of 12 ----- appointment, arms, accoutrements, uniform and all other Government property in his possession and has also rendered a complete account of all Government money and property for which he is responsible. (6) Notwithstanding anything contained in this section if any police officer of subordinate rank tenders his resignation on medical grounds and produces a certificate signed by the police surgeon or any other medical officer authorised by the Administrator in this behalf declaring him to be unfit by reason of disease or mental or physical incapacity for further service in the police, the appointing authority shall forthwith permit him to withdraw from duty on his discharging, or giving a satisfactory security for the payment of, any debt due from him as such police officer to Government or to any police fund: Provided that he shall forthwith return the certificate of appointment, arms, accoutrements, uniform and all other Government property in his possession before he is permitted to withdraw from duty. (7) If any such police officer of subordinate rank resigns or withdraws himself from the duties of his office in contravention of this section, he shall be liable on the orders of the appointing authority to forfeit all arrears of pay then due to him in addition to the penalty to which he may be liable under section 22 or any other law for the time being in force. (8) Every such police officer on leaving the service in the Delhi police as aforesaid shall be given by the appointing authority a Discharge Certificate in such form as may be prescribed. **26. Certificate, arms, etc., to be delivered by person ceasing to be a police officer.—(1) Every** person who for any reason ceases to be a police officer shall forthwith deliver to the officer empowered by the Commissioner of Police, the Additional Commissioner of Police, Deputy Commissioner of Police, Principal of the Police Training College or of the Police Training School, Additional Deputy Commissioner of Police or any other officer of equivalent rank to whom such officer is subordinate, to receive the same, his certificate of appointment and the arms, accoutrements, clothing and other accessories which have been provided to him for the performance of duties and functions connected with his office. (2) (a) Any Metropolitan Magistrate and, for special reasons which shall be recorded in writing at the time, the Commissioner of Police, Additional Commissioner of Police, Principal of the Police Training College or of the Police Training School or a Deputy Commissioner, Additional Deputy Commissioner or an Assistant Commissioner of Police may issue a warrant to search for and seize wherever they be found, any certificate, arms, accoutrements, clothing or other accessories not delivered under sub-section (1). (b) Every warrant so issued shall be executed by a police officer or, if the Metropolitan Magistrate or the police officer issuing the warrant so directs, by any other person in the same manner as if it were a warrant for a search issued under the Code of Criminal Procedure, 1973 (2 of 1974). (3) Nothing in this section shall apply in relation to any article which under the orders of the Commissioner of Police has become the property of the person to whom the same was provided. **27. Occupation of, and liability to vacate, premises provided for police officers.—(1) A police** officer occupying any premises provided by the Commissioner of Police for his residence shall— (a) occupy the same subject to such terms and conditions as may, by general or special order, be specified by the Commissioner of Police; and (b) notwithstanding anything contained in any law for the time being in force, vacate the same on his ceasing to be a police officer or whenever the Commissioner of Police or any officer authorised by the Administrator in this behalf considers it, for reasons to be recorded in writing, necessary and expedient to require him to do so. (2) If any person who is bound or required under sub-section (1) to vacate any premises fails to do so, the Administrator or the officer authorised in this behalf by the Administrator may order such person to vacate the premises and may direct any police officer with such assistance as may be necessary to enter upon the premises and remove therefrom any person found therein and to take possession of the premises and deliver the same to any person specified in the direction. 13 ----- CHAPTER IV POLICE REGULATIONS **28. Power to make regulations for regulating traffic and for preservation of order in public** **places, etc.—(1) The Commissioner of Police may, by notification in the Official Gazette, make** regulations to provide for all or any of the following matters, namely:— (a) licensing and controlling persons offering themselves for employment, outside railway stations and other places where passengers arrive, for the carriage of passengers’ baggages and fixing and providing for the enforcement of a scale of charges for the labour of such persons so employed; (b) regulating traffic of all kinds in streets and other public places, and the use of streets and other public places by persons riding, driving, cycling, walking or leading or accompanying cattle, so as to prevent danger, obstruction or inconvenience to the public; (c) regulating the conditions under which vehicles may remain standing in streets and other public places, and the use of streets as halting places for vehicles or cattle; (d) specifying the number and position of lights to be used on vehicles in streets and the hours between which such lights should be used; (e) licensing, controlling or prohibiting the erection, exhibition, fixation or retention of any sign, device or representation for the purpose of advertisement, which is visible against the sky from some point in any street and is hoisted or held aloft over any land, building or structure at such height as may be specified in the regulations, having regard to the traffic in the vicinity, and the likelihood of such sign, device or representation at that height being a distraction, or causing obstruction, to such traffic; (f) specifying certain hours of the day during which cattle shall not be driven, or, as the case may be, driven only in accordance with such regulations, along the streets, or along certain specified streets; (g) regulating the leading, driving, conducting or conveying of any elephant or wild or dangerous animal through or in any street; (h) regulating and controlling the manner and mode of conveying timber, scaffold poles, ladders, iron girders, beams or bars, boilers or other unwieldy articles through the streets, and the route and hours for such conveyance; (i) licensing, controlling or, in order to prevent obstruction, inconvenience, annoyance, risk, danger or damage to the residents or passengers in the vicinity, prohibiting the carrying in streets and public places of gunpowder or any other explosive substance; (j) prohibiting, except along certain specified streets and during specified hours and subject to such conditions as may be specified in that behalf, the exposure or movement in any street of persons or animals suffering from contagious or infectious diseases, the carcasses of animals or parts of such carcasses or corpses of persons deceased; (k) specifying certain hours of the day during which ordure or offensive matter or objects shall not be taken from or into houses or buildings in certain streets or conveyed through such streets except in accordance with such regulations; (l) setting apart places for slaughtering animals, the cleaning of carcasses or hides, the deposit of noxious or offensive matter and for obeying calls of nature; (m) in cases of existing or apprehended epidemic or infectious disease of men or animals, the cleanliness and disinfection of premises by the occupier thereof and residents therein and the segregation and management of the persons or animals diseased or supposed to be diseased, as may have been directed or approved by the Administrator, with a view to prevent the disease or check the spread thereof; 14 ----- (n) directing the closing or disuse, wholly or for certain purposes, or limiting to certain purposes only, the use of any source, supply or receptacle of water and providing against pollution of the same or of the water therein; (o) licensing, controlling or, in order to prevent obstruction, inconvenience, annoyance, risk, danger or damage to the residents or passengers in the vicinity, prohibiting the playing of music, the beating of drums, tom-toms or other instruments and the blowing or sounding of horns or other noisy instruments in or near streets or other public places; (p) regulating the conduct of or behaviour or action of persons constituting assemblies and processions on or along the streets and specifying in the case of processions, the routes by which, the order in which, and the times at which, the same may pass; (q) prohibiting the hanging or placing of any cord or pole across a street or part thereof, or the making of a projection or structure so as to obstruct traffic or the free access of light and air; (r) prohibiting, except in accordance with such regulations, the placing of building materials or other articles or the fastening or detention of any horse or other animals in any street or public place; (s) licensing, controlling or, in order to prevent obstruction, inconvenience, annoyance, risk, danger or damage to the residents or passengers in the vicinity, prohibiting— (i) the illumination of streets and public places and the exteriors of building abutting thereon by persons other than servants of Government or Corporation or other Municipal officers duly authorised in that behalf, (ii) the blasting of rock or making excavations in or near streets or public places, (iii) the using of loudspeaker in or near any public place or in any place of public entertainment; (t) closing certain streets or places temporarily, in cases of danger from ruinous buildings or other cause, with such exceptions as shall appear reasonable; (u) guarding against injury to person and property in the construction, repair and demolition of buildings, platforms and other structures from which danger may arise to passengers, neighbours or the public; (v) prohibiting the setting of fire to or burning of any straw or other matter, or lighting a bonfire or wantonly discharging a fire-arm or air-gun, or letting off or throwing a fire work or, sending up a fire balloon or rocket in or upon a street or within fifty feet of a street or building or the putting up of any post or other thing on the side of or across a street for the purpose of affixing thereto lamps or other contrivances for illumination except in accordance with regulations in this behalf; (w) regulating the hours during which and the manner in which any place for the disposal of the dead, any dharmashala, village-gate or other place of public resort may be used, so as to secure the equal and appropriate application of its advantages and accommodation and to maintain orderly conduct amongst those who resort thereto; (x) (i) licensing or controlling places of public amusement or public entertainment; (ii) prohibiting the keeping of places of public amusement or public entertainment or assembly, in order to prevent obstruction, inconvenience, annoyance, risk, danger or damage to the residents or passengers in the vicinity; and (iii) regulating the means of entrance and exit at places of public amusement or public entertainment or assembly and providing for the maintenance of public order and the prevention of disturbance thereat; (y) (i) licensing or controlling in the interest of public order, decency or morality or in the interest of the general public (with such exceptions as may be specified in such regulations), musical, dancing, mimetic or theatrical or other performances for public amusement, including melas; 15 ----- (ii) regulating in the interest of public order, decency or morality or in the interest of the general public, the employment of artists and the conduct of the artists and the audience at such performances; (iii) prior scrutiny of such performance and of the scripts in respect thereof, if any, and granting of suitability certificate therefor subject to conditions, if any, by a Board appointed by the Administrator for the purpose, either for the whole of Delhi or for the area concerned or by an Advisory Committee constituted by the Commissioner of Police (the members of the Board or the Advisory Committee being persons who in the opinion of the Administrator or, as the case may be, the Commissioner, possess knowledge of, or experience in, literature, the theatre and other matters relevant to such scrutiny), provision for appeal against the order or decision of the Board or the Advisory Committee to an appellate authority, its appointment or constitution, its procedure and other matters ancillary thereto, and the fees (whether in the form of court-fee stamps or otherwise) to be charged for the scrutiny of such performances or scripts, for applications for obtaining such certificates and for issuing duplicates thereof and in respect of such appeals and any such performances and of the scripts in respect thereof granted suitability certificate by any State shall be exempted from this section; (iv) regulating the hours during which and the places at which such performances may be given; (z) regulating or prohibiting the sale of any ticket or pass for admission, by whatever name called, to a place of public amusement; (za) registration of eating houses, including granting a certificate of registration in each case, which shall be deemed to be a written permission required and obtained under this Act for keeping the eating house, and annual renewal of such registration within a specified period; (zb) prescribing the procedure in accordance with which any licence or permission sought to be obtained or required under this Act should be applied for and fixing the fees to be charged for any such licence or permission: Provided that nothing in this section and no licence or certificate of registration granted under any regulation made thereunder shall authorise any person to import, export, transport, manufacture, sell or possess any liquor, or intoxicating drug, in respect of which a licence, permit, pass or authorisation is required under any law relating to prohibition which is for the time being in force. (2) The power to make regulations under clause (b) of sub-section (1) shall be subject to the control of the Administrator and the power to make regulations under the other clauses of that sub-section shall be subject to the previous sanction of the Administrator. (3) The power of making regulations under this section shall be subject to the condition of the regulations being made, after previous publication and for the purposes of section 23 of the General Clauses Act, 1897 (10 of 1897) such regulations shall be deemed to be rules; and every regulation made, under this section, shall also be published in the locality affected thereby by affixing copies thereof in conspicuous places near to the building, structure, work or place, as the case may be, to which the same specially relates or by proclaiming the same by the beating of drum or by advertising the same in such local newspapers in Hindi, Urdu and English, or in two or more of these languages, as the Commissioner of Police may deem fit, or by any two or more of these means, or by any other means he may think suitable: Provided that any such regulation may be made without previous publication if the Commissioner of Police is satisfied that circumstances exist which render it necessary that such regulation should be brought into force at once. (4) If any regulation made under this section relates to any matter with respect to which there is a provision in any law, rule or bye-law of the Corporation or of any other municipal or local authority in relation to public health, convenience or safety of the locality such regulation shall be subject to such law, rule or bye-law. 16 ----- **29. Power to give directions to the public.—The Commissioner of Police and, subject to the orders,** if any, made by the Commissioner of Police, every police officer not inferior in rank to an Inspector, may from time to time as occasion may arise, but not so as to contravene any regulation made under section 28 or any law, rule, or bye-law referred to in sub-section (4) of that section, give all such orders either orally or in writing as may be necessary to— (a) direct the conduct of, and behaviour or action of persons constituting processions or assemblies on or along streets; (b) specify the routes by which and the times at which any such processions may pass or shall not pass; (c) prevent obstructions— (i) on the occasion of all processions and assemblies; and (ii) in the neighbourhood of all places of worship during the time of worship; and (iii) in all cases when any street or public place or place of public resort may be thronged or liable to be obstructed; (d) keep order on, and in, all streets, and at, and within, public bathing and washing places, fairs, temples, mosques, gurdwaras, churches and all other places of public resort or public worship; (e) regulate and control the playing of music, singing or the beating of drums, tom-toms and other instruments and the blowing or sounding of horns or other noisy instruments in, and near, any street or public place; (f) regulate and control the use of loudspeakers in residential areas, streets, near any public places and places of public amusement or public entertainment; or (g) make reasonable orders consequential to, and in furtherance of, any order made under this section. **30. Power to prohibit certain acts for prevention of disorder.—(1) The Commissioner of Police** may, whenever and for such time as he shall consider necessary for the preservation of public peace or public safety, by notification publicly promulgated or addressed to individuals, prohibit, in relation to the whole of Delhi or any part thereof,— (a) the carrying of arms, cudgels, swords, spears, bludgeons, guns, knives, sticks or lathis, or any other article, which is capable of being used for causing physical violence; (b) the carrying of any corrosive substance or explosives; (c) the carrying, collection or preparation of stones or other missiles or instruments or means of casting or impelling missiles; (d) the exhibition of persons or corpses; (e) the public utterance of cries, singing of songs or playing of music; or (f) the delivery of harangues, the use of gestures or mimetic representations, and the preparation, exhibition or dissemination of pictures, symbols, placards or any other subject or thing which may, in the opinion of the Commissioner of Police, offend against decency or morality or undermine the security of the State. (2) If any person goes armed with any such article as is referred to in clause (a) of sub-section (1) or carries any corrosive substance or explosive or missile or instrument in contravention of any prohibition under that sub-section, the article, corrosive substance or explosive or missile shall be liable to be seized from him by any police officer. (3) The Commissioner of Police may, by notification publicly promulgated, prohibit any assembly or procession whenever and for such time as he considers such prohibition to be necessary for the preservation of the public order. 17 ----- (4) No notification promulgated under sub-section (3) shall remain in force for more than fifteen days from the promulgation thereof: Provided that if the Administrator considers it necessary so to do for the preservation of the public order, he may, by order published in the Official Gazette, direct that such notification shall remain in force for such further period not exceeding six months from the date on which it would have, but for such order, expired as he may specify in the said order. **31. Police to provide against disorder, etc., at places of public amusement or public assembly or** **meeting.—(1) For the purpose of preventing serious disorder or breach of the law or manifest and** imminent danger to the persons assembled at any place of public amusement or at any assembly or meeting to which the public are invited or which is open to the public, any police officer of the rank of Assistant Sub-Inspector and above, present at such place of public amusement, or such assembly or meeting, may subject to such rules, regulations and orders as may have been lawfully made, give such reasonable directions as to the mode of admission of the public to, and for securing the peaceful and lawful conduct of the proceedings and the maintenance of the public safety at, such place of amusement or such assembly or meeting as he thinks necessary and all persons shall be bound to conform to every such reasonable direction. (2) Every police officer shall have free access to every place of public amusement, assembly or meeting for the purpose of giving effect to the provisions of sub-section (1) and to any direction made thereunder. **32. Power to prohibit, etc., continuance of music, sound or noise.—(1) If the Commissioner of** Police is satisfied from the report of an officer in charge of a Police Station, or other information received by him, that it is necessary to do so in order to prevent annoyance, disturbance, discomfort or injury, or risk of annoyance, disturbance, discomfort or injury, to the public or to any person who dwells, or occupies property, in the vicinity, he may, by written order, issue such directions as he may consider necessary to any person for preventing, prohibiting, controlling or regulating— (a) the incidence or continuance in any street, open space or any other premises of— (i) any vocal or instrumental music; (ii) sounds caused by the playing, beating, clashing, blowing or use in any manner whatsoever of any instrument, appliance or apparatus or contrivance which is capable of producing or reproducing sound; or (iii) use of loudspeaker or other apparatus for amplifying any musical or other sound at such pitch or volume as may cause disturbance to others, or (b) the carrying on, in any premises, of any trade, avocation or operation resulting in or attended with noise: Provided that no directions shall be issued to any person under clause (b) without giving to such person an opportunity of being heard in the matter. (2) The Commissioner of Police may, either on his own motion or on the application of any person aggrieved by an order made under sub-section (1), either rescind, modify or alter any such order: Provided that before any such application is disposed of, the Commissioner of Police shall afford to the applicant an opportunity of appearing, before him either in person or by counsel and showing cause against the order and shall, if he rejects any such application either wholly or in part, record the reasons for such rejection. **33. Issue of order of prevention of riot, etc.—(1) In order to prevent or suppress any riot or grave** disturbance of peace, the Commissioner of Police may temporarily close or take possession of any building or other place and may exclude all or any persons therefrom, or may allow access thereto to such persons only and on such terms as he shall deem expedient and all persons concerned shall be bound to conduct themselves in accordance with such orders as the Commissioner of Police may make and notify in exercise of his powers under this section. 18 ----- (2) If the lawful occupant of such building or place suffers any loss or injury by reason of the action taken under sub-section (1), he shall be entitled, on an application made therefor to the competent authority within one month from the date of such action, to receive reasonable compensation for such loss or injury, unless such action was in the opinion of such competent authority rendered necessary either by the use to which such building or place was put, or intended to be put, or by the misconduct of persons having access thereto. (3) In the event of any dispute in relation to the amount of compensation payable under sub-section (2) or the person to whom such amount shall be payable, the matter shall be referred by the competent authority to the District Collector whose decision thereon shall be final. **34. Maintenance of order at religious or ceremonial display, etc.—(1) In any case of an actual or** intended religious or ceremonial or corporate display or exhibition or organised assemblage in any street or public place, as to which or the conduct of, or participation in, which, it shall appear to the competent authority that a dispute or contention exists, which is likely to lead to grave disturbance of the peace, the competent authority may give such orders as to the conduct of the persons concerned towards each other and towards the public as it shall deem necessary and reasonable under the circumstances, regard being had to the apparent legal rights and to any established practice of the parties and of the persons interested and all persons concerned shall obey such orders. (2) Every such order shall be published in the locality or place wherein it is to operate. (3) Every order under sub-section (1) shall be subject to any judgment, decree, injunction or order made by a court having jurisdiction, and shall be rescinded or altered on its being made to appear to the competent authority that such order is inconsistent with a judgment, decree, injunction or order of such court. **35. Commissioner of Police may take special measures to prevent outbreak of epidemic disease** **at fairs, etc.—(1) Whenever it shall appear to the Commissioner of Police that any place in Delhi (being** a place where on account of a pilgrimage, fair or other such occurrence, large bodies of persons have assembled or are likely to assemble) is visited or likely to be visited with an outbreak of any epidemic disease, he may in consultation with the Corporation or municipality within the local limits of the jurisdiction whereof such place is situated take such special measures and may by a public notice prescribe such regulations to be observed by residents of the said place and persons present thereat or repairing thereto or returning therefrom as he deems necessary to prevent the outbreak of such disease or the spread thereof. (2) The expenses incurred by the Commissioner of Police in respect of the arrangements for sanitation and the preservation of order at or about the place of assembly referred to in sub-section (1) may be recovered from the Corporation or the municipality concerned. **36. Power to reserve street or other public place for public purpose and power to authorise** **erecting of barriers in streets.—(1) The Commissioner of Police may, by public notice, temporarily** reserve for any public purpose any street or other public place and prohibit persons from entering the area so reserved, except on such conditions as may be specified by him. (2) The Commissioner of Police may, whenever in his opinion such action is necessary,— (a) authorise such police officer as he thinks fit to erect barriers on any street for the purpose of stopping temporarily vehicles driven on such street so as to satisfy himself that the provisions of any law for the time being in force have not been contravened in respect of any such vehicle or by the driver or the person in charge of such vehicle; and (b) make such orders as he deems fit for regulating the use of such barriers. **37. Power to make regulations prohibiting disposal of the dead except at places set apart.—(1)** The Commissioner of Police may, from time to time, make regulations prohibiting the disposal of the dead, whether by cremation, burial or otherwise at places other than those set apart for such purpose: Provided that no such regulations shall be made in respect of any area for which places have not been so set apart: 19 ----- Provided further that the Commissioner of Police or any officer authorised by him in this behalf may, in his discretion, on an application made to him by any person, grant to such person permission to dispose of the corpse of any deceased person at any place other than a place so set apart, if in his opinion such disposal is not likely to cause obstruction to traffic or disturbance of the public peace or is not objectionable for any other reason. (2) Any regulations made under sub-section (1) shall specify the places set apart for the disposal of the dead of different communities or sections of communities. (3) All such regulations shall be deemed to be rules for the purposes of section 23 of the General Clauses Act, 1897 (10 of 1897) and shall be subject to the conditions of previous publication and the date to be specified under clause (3) of that section shall not be earlier than two months from the date on which the draft of the proposed regulations is published. CHAPTER V SPECIAL MEASURES FOR MAINTENANCE OF PUBLIC ORDER AND SECURITY OF STATE **38. Employment of additional police to keep peace.—(1) The Commissioner of Police may, on the** application of any person, depute any additional number of police to keep the peace, to preserve order, to enforce any of the provisions of this Act or of any other law in respect of any particular class or classes of offences or to perform any other duties imposed on the police at any place in Delhi. (2) Such additional police shall be employed at the cost (which shall be determined by the Commissioner of Police in accordance with the rules made in this behalf) of the person making the application, but shall be subject to the orders of the police authorities and shall be employed for such period as the Commissioner of Police considers necessary. (3) If the person upon whose application such additional police are employed shall at any time make a written requisition to the Commissioner of Police for the withdrawal of the said police, he shall be relieved from the cost thereof at the expiration of such period not exceeding one week from the date of the delivery of such requisition as the Commissioner of Police shall determine. (4) Where there is any dispute as to the amount to be paid by way of cost, the Commissioner of Police shall, on an application made in that behalf by the aggrieved party, refer the matter to the District Collector, whose decision thereon shall be final. **39. Employment of additional police in cases of special danger to public peace.—(1) If in the** opinion of the Administrator any area in Delhi is in a disturbed or dangerous condition or the conduct of the inhabitants or of any particular section or the class of the inhabitants of such area renders it expedient to employ temporarily additional police in the area, he may, by notification in the Official Gazette, specify the area (hereafter in this section referred to as the disturbed area) in which, and the period for which, the additional police shall be employed and thereupon the Commissioner of Police shall depute such number of additional police officers as he considers necessary, in the disturbed area: Provided that the period so specified may be extended by the Administrator from time to time, if in his opinion it is necessary so to do in the interests of the public. (2) On the issue of a notification under sub-section (1), the Administrator may require the District Collector, or any other authority specified by the Administrator, to recover, whether in whole or in part, the cost of such additional police generally from all persons who are inhabitants of the disturbed area or specially from any particular section or class of such persons, and in such proportion as the Administrator may direct. (3) It shall be lawful for the Administrator to exempt, by order in writing, and for sufficient reasons, any person from liability to bear any portion of the cost of such additional police. _Explanation.—In this section and in section 41, the expression “inhabitants”, when used in relation to_ any disturbed area, includes persons who themselves or by their agents or servants occupy or hold land or other immovable property within such area and landlords who themselves or by their agents or servants collect rent from holders or occupants of land in such area notwithstanding that they do not actually reside therein. 20 ----- **40. Employment of additional police at large work and when apprehension regarding behaviour** **of employees exists.—(1) Whenever it appears to the Administrator or to the competent authority that—** (a) any large work which is being carried on or any public amusement which is being conducted in any place is likely to impede the traffic or to attract a large number of people; or (b) the behaviour or a reasonable apprehension of the behaviour of the persons employed on any railway, canal or other public work, or in or upon any manufactory or other commercial concern, under construction or in operation at any place necessitates the employment of additional police at such place, the Administrator, or the competent authority, as the case may be, may depute such number of additional police to the said place for so long as the necessity to employ the additional police shall appear to the Administrator or the competent authority to continue. (2) Such additional police shall be employed at the cost of the person by whom the work, public amusement, manufactory or concern is being constructed, conducted or carried on and the said person shall pay the costs therefor at such rates as the Administrator or the competent authority, as the case may be, shall from time to time require. **41. Compensation for injury caused by unlawful assembly how recoverable.—(1) When any loss** or damage is caused to any property or when death results or grievous hurt is caused to any person or persons, by anything done in the prosecution of the common object of an unlawful assembly, the Administrator may, by notification in the Official Gazette, specify the area (hereafter in this section called the “disturbed area”) in which, and the date on which or the period during which, such unlawful assembly was, in his opinion, held. (2) On the issue of a notification under sub-section (1), the District Collector may, after such inquiry as he deems necessary, determine the amount of the compensation which, in his opinion, should be paid to any person or persons in respect of the loss or damage or death or grievous hurt aforesaid. (3) The amount of the compensation shall be deemed to be a fine imposed under this section, and shall be payable by the inhabitants of the disturbed area. (4) It shall be lawful for the District Collector to exempt, by order in writing and for sufficient reasons, any person from liability to pay any portion of the compensation amount. **42. Dispute in regard to cost of deputing additional police or compensation under section 41.—** In the event of any dispute relating to the cost payable under section 39 or section 40 or the compensation determined under section 41 or the person or persons or the section or class of persons by whom or the proportion in which such cost or compensation should be paid, the matter shall be referred by the Collector, or the Administrator or the competent authority, as the case may be, on an application made in that behalf by the aggrieved party, to the Chief Metropolitan Magistrate, whose decision thereon shall be final. **43. Recovery of amount payable under section 38, 39, 40 or 41.—Any amount payable under** section 38, section 39, section 40 or section 41 shall be recovered in the same manner as if it were an arrear of land revenue. **44. Collector to award compensation.—(1) Amounts payable under section 38, section 39,** section 40 or section 41 shall, when recovered, be credited to the Government. (2) The District Collector shall pay, from the amounts recovered by him as compensation payable under section 41, such amount as he deems just and proper by way of compensation to any person who has suffered loss or damage to property or grievous hurt or to the legal heirs of any person who died, by reason of anything done in the prosecution of the common object of the unlawful assembly. (3) No compensation shall be paid under this section, except when a claim has been made therefor within forty-five days from the date of the notification referred to in sub-section (1) of section 41 and the District Collector is satisfied that the claimant, where the claim is by the person who suffered the loss, damage or grievous hurt, or the deceased, where the claim is by the legal heirs of such deceased, has been free from blame in connection with the occurrence which led to the loss, damage, grievous hurt or death. 21 ----- (4) The compensation payable to any person under sub-section (2) shall not in any way be capable of being assigned or charged or be liable to attachment or to pass to any person other than the person entitled to it by operation of law, nor shall any claim be set off against the same. (5) No civil suit shall be maintainable in respect of any loss, damage or grievous hurt for which compensation has been granted under this section. **45. Recovery of amounts payable under sections 39 and 41.—Without prejudice to the provisions** contained in section 43, all amounts payable under section 39 or section 41 shall be recoverable in the manner provided in sections 421 and 422 of the Code of Criminal Procedure, 1973 (2 of 1974), as if each such amount were a fine imposed on an offender by a court. **46. Dispersal of gangs and bodies of persons.—Whenever it appears to the Commissioner of Police** that the movement or encampment of any gang or body of persons in any part of Delhi is causing or is calculated to cause danger to person or property or alarm or reasonable suspicion that unlawful designs are entertained by such gang or body of persons or by members thereof, the Commissioner of Police may, by order addressed to the persons appearing to be the leaders or chief men of such gang or body of persons and published by announcement or beat of drums, or otherwise as the Commissioner of Police thinks fit direct the members of such gang or body of persons— (a) to so conduct themselves as shall seem necessary in order to prevent violence and alarm; or (b) to disperse and to remove themselves beyond the limits of Delhi, or any part thereof, within such time as the Commissioner of Police shall specify and not to enter Delhi or the part thereof, as the case may be, from which they were directed to remove themselves. **47. Removal of persons about to commit offences.—Whenever it appears to the Commissioner of** Police— (a) that the movements or acts of any person are causing or are calculated to cause alarm, danger or harm to person or property; or (b) that there are reasonable grounds for believing that such person is engaged or is about to be engaged in the commission of an offence involving force or violence or an offence punishable under Chapter XII, Chapter XVI, Chapter XVII or Chapter XXII of the Indian Penal Code (45 of 1860) or under section 290 or sections 489A to 489E (both inclusive) of that Code or in the abetment of any such offence; or (c) that such person— (i) is so desperate and dangerous as to render his being at large in Delhi or in any part thereof hazardous to the community; or (ii) has been found habitually intimidating other persons by acts of violence or by show of force; or (iii) habitually commits affray or breach of peace or riot, or habitually makes forcible collection of subscription or threatens people for illegal pecuniary gain for himself or for others; or (iv) has been habitually passing indecent remarks on women and girls, or teasing them by overtures; and that in the opinion of the Commissioner of Police witnesses are not willing to come forward to give evidence in public against such person by reason of apprehension on their part as regards the safety of their person or property, the Commissioner of Police may, by order in writing duly served on such person, or by beat of drum or otherwise as he thinks fit, direct such person to so conduct himself as shall seem necessary in order to prevent violence and alarm or to remove himself outside Delhi or any part thereof, by such route and within such time as the Commissioner of Police may specify and not to enter or return to Delhi or part thereof, as the case may be, from which he was directed to remove himself. 22 ----- _Explanation.—A person who during a period within one year immediately preceding the_ commencement of an action under this section has been found on not less than three occasions to have committed or to have been involved in any of the acts referred to in this section shall be deemed to have habitually committed that act. **48. Removal of persons convicted of certain offences.—If a person has been convicted—** (a) of an offence under Chapter XII, Chapter XVI or Chapter XVII of the Indian Penal Code (45 of 1860); or (b) of an offence under section 3 or section 4 of the Delhi Public Gambling Act, 1955 (Delhi Act 9 of 1955), or under section 12 of that Act in so far as it relates to satta gambling or on two or more occasions under any other provision of that Act (including section 12 of that Act in so far as it does not relate to satta gambling); or (c) of any offence under the Suppression of Immoral Traffic in Women and Girls Act, 1956 (104 of 1956); or (d) of any offence under section 25, section 26, section 27, section 28 or section 29 of the Arms Act, 1959 (54 of 1959); or (e) of any offence under section 135 of the Customs Act, 1962 (52 of 1962); or (f) of any offence under section 61, section 63 or section 66 of the Punjab Excise Act, 1955 (Punjab Act No. 18 of 1955), as in force in Delhi; or (g) on two or more occasions of an offence under— (i) the Opium Act, 1878 (1 of 1878); or (ii) the Dangerous Drugs Act, 1930 (2 of 1930); or (iii) the Drugs and Cosmetics Act, 1940 (23 of 1940); or (iv) section 11 of the Bombay Prevention of Begging Act, 1959 (Bombay Act No. 10 of 1960), as in force in Delhi; or (h) on three or more occasions of an offence under section 105 or section 107 of this Act, the Commissioner of Police may, if he has reason to believe that such person is likely again to engage himself in the commission of any of the offences referred to in this section, by order in writing, direct such person to remove himself beyond the limits of Delhi or any part thereof, by such route and within such time as the Commissioner of Police may specify and not to enter or return to Delhi or any part thereof, as the case may be, from which he was directed to remove himself. **49. Period of operation of orders under section 46, 47 or 48.—Any direction made under** section 46, section 47 or seclion 48 not to enter Delhi or any part thereof, shall be for such period as may be specified therein, and shall in no case exceed a period of two years from the date on which it was made. **50. Hearing to be given before order under section 46, 47 or 48 is passed.—(1) Before an order** under section 46, section 47 or section 48 is made against any person, the Commissioner of Police shall by notice in writing inform him of the general nature of the material allegations against him and give him a reasonable opportunity of tendering an explanation regarding them. (2) If such person makes an application for the examination of any witness to be produced by him, the Commissioner of Police shall grant such application and examine such witness, unless for reasons to be recorded in writing, the Commissioner of Police is of opinion that such application is made for the purpose of causing vexation or delay. (3) Any written explanation put in by such person shall be filed with the record of the case. (4) Such person shall be entitled to be represented in the proceeding before the Commissioner of Police by a counsel. 23 ----- (5) (a) The Commissioner of Police may for the purpose of securing the attendance of any person against whom any order is proposed to be made under section 46, section 47 or section 48 require such person, by order in writing, to appear before him and to furnish a security bond with or without sureties for attendance during the inquiry. (b) The provisions of sections 119 to 124 (both inclusive) of the Code of Criminal Procedure, 1973 (2 of 1974), shall, so far as may be, apply in relation to the order under clause (a) to furnish security bond. (6) Without prejudice to the foregoing provisions, the Commissioner of Police, while issuing notice to any person under sub-section (1) may issue a warrant for his arrest and the provisions of sections 70 to 89 (both inclusive) of the Code of Criminal Procedure, 1973 (2 of 1974), shall, so far as may be, apply in relation to such warrant. (7) The provisions of section 445, section 446, section 447 or section 448 of the Code of Criminal Procedure, 1973 (2 of 1974), shall, so far as may be, apply in relation to all bonds executed under this section. **51. Appeal against orders under section 46, 47 or 48.—(1) Any person aggrieved by an order made** under section 46, section 47 or section 48 may appeal to the Administrator within thirty days from the date of the service of such order on him. (2) An appeal under this section shall be preferred in duplicate in the form of a memorandum, setting forth concisely the grounds of objection to the order appealed against, and shall be accompanied by that order or a certified copy thereof. (3) On receipt of such appeal, the Administrator may, after giving a reasonable opportunity to the appellant to be heard either personally or by a counsel and after such further inquiry, if any, as he may deem necessary, confirm, vary or set aside the order appealed against: Provided that the order appealed against shall remain in force pending the disposal of the appeal, unless the Administrator otherwise directs. (4) The Administrator shall make every endeavour to dispose of an appeal under this section within a period of three months from the date of receipt of such appeal. (5) In calculating the period of thirty days provided for an appeal under this section, the time taken for obtaining a certified copy of the order appealed against, shall be excluded. **52. Finality of order in certain cases.—An order passed by the Commissioner of Police under** section 46, section 47 or section 48 or the Administrator under section 51 shall not be called in question in any court except on the ground— (a) that the Commissioner of Police or the Administrator, as the case may be, had not followed the procedure laid down in sub-section (1), sub-section (2) or sub-section (4) of section 50 or in section 51, as the case may be; or (b) that there was no material before the Commissioner of Police or the Administrator, as the case may be, upon which he could have based his order; or (c) in the case of an order made under section 47 or an order in appeal therefrom to the Administrator under section 51, the Commissioner of Police or the Administrator, as the case may be, was not of the opinion that witnesses were unwilling to come forward to give evidence in public against the person against whom such order has been made. **53. Procedure on failure of person to leave the area and his entry therein after removal.—If a** person to whom a direction has been issued under section 46, section 47 or section 48 to remove himself from Delhi or any part thereof— (a) fails to remove himself as directed; or 24 ----- (b) having so removed himself enters Delhi or any part thereof within the period specified in the order, otherwise than with the permission in writing of the Commissioner of Police under section 54, the Commissioner of Police may cause him to be arrested and removed in police custody to such place outside Delhi or any part thereof as the Commissioner of Police may in each case specify. **54. Temporary permission to enter and consequences of non-observance of conditions of such** **permission.—(1) The Commissioner of Police or any other police officer specially empowered by the** Administrator in that behalf may, by order in writing, permit any person, in respect of whom an order under section 46, section 47 or section 48 has been made, to return to Delhi or any part thereof, from which he was directed to remove himself, for such temporary period and subject to such conditions as may be specified in such order and may require him to execute a bond with or without surety for the due observance of the conditions imposed. (2) The Commissioner of Police may at any time revoke any such permission. (3) Any person who with such permission returns to Delhi or any part thereof shall observe the conditions imposed, and at the expiry of the temporary period for which he was permitted to return, or on the revocation of such permission before the expiry of such temporary period, shall remove himself outside Delhi or any part thereof, as the case may be, and shall not return thereto within the unexpired portion of the period specified in the original order made under section 46, section 47 or section 48 without a fresh permission. (4) If such person fails to observe any of the conditions imposed, or to remove himself accordingly or having so removed himself enters or returns to Delhi or any part thereof, as the case may be, without fresh permission, the Commissioner of Police may cause him to be arrested and removed in police custody to such place outside Delhi or part thereof as the Commissioner of Police may in each case specify. **55. Taking measurements and photographs, etc., of persons against whom an order under** **section 46, 47 or 48 is made.—Every person against whom an order has been made under section 46,** section 47 or section 48 shall, if so required by the Commissioner of Police, allow his measurements and photograph to be taken by a police officer in the prescribed manner. **56. Resistance to the taking of measurements, etc.—(1) If any person as aforesaid when required to** allow his measurements or photograph to be taken resists or refuses to allow the taking of such measurements or photograph, it shall be lawful to use all necessary means to secure the taking thereof. (2) Resistance to or refusal to allow the taking of measurements or photographs under this Act shall be deemed to be an offence under section 186 of the Indian Penal Code (45 of 1860). (3) Where an order under section 46, section 47 or section 48 is set aside in appeal, all measurements and photographs (including negatives) taken under this section shall be destroyed or made over to the person against whom such order is made. **57. Banning of use of dress, etc., resembling uniform of armed forces.—(1) If the Administrator is** satisfied that the wearing in public, by any member of any body, or association or organisation, of any dress or article of apparel resembling any uniform required to be worn by a member of the Armed Forces of the Union or by a member of any police force or of any force constituted by or under any law for the time being in force, is likely to prejudice the security of the State or the maintenance of public order, he may, by a general or special order, prohibit or restrict the wearing, or display, in public of any such dress or article or apparel by any member of such body or association or organisation. (2) Every general or special order under sub-section (1) shall be published in the manner prescribed for the publication of a public notice under section 142. _Explanation.—For the purposes of this section a dress or an article of apparel shall be deemed to be_ worn or displayed in public if it is worn or displayed in any place to which the public have access. **58. Constitution of Defence Societies.—(1) For the protection of persons, the security of property** and the public safety in any locality the Commissioner of Police may constitute voluntary bodies (hereafter in this section referred to as Defence Societies) in the prescribed manner. 25 ----- (2) The Commissioner of Police or any officer of a Defence Society may at any time call up officers subordinate to him or any member of a Defence Society for training or to discharge any of the duties under this Act assigned to them. (3) Every officer or member of a Defence Society shall— (a) on appointment receive a certificate in such form as may be specified or approved by the Administrator in this behalf; and (b) when called up for duty have the same powers, privileges and protection as are vested in a police officer appointed under this Act. (4) Notwithstanding anything contained in any law for the time being in force, an officer or member of a Defence Society shall not be disqualified for being chosen as, or for being, a member of— (a) the Delhi Metropolitan Council or the Municipal Corporation of Delhi; or (b) any other local authority, by reason of the fact that he is a member or officer of such Society. CHAPTER VI EXECUTIVE DUTIES AND POWERS OF POLICE OFFICERS **59. Duty of police officer to enforce provisions of the Act.—(1) It shall be the duty of every police** officer to ensure compliance with the provisions of this Act or any rule, regulation or order made thereunder and for that purpose such police officer may,— (a) warn persons who from ignorance fail to comply with any provision of this Act or any rule, regulation or order made thereunder; (b) require any person acting or about to act contrary to any provision of this Act or rule, regulation or order made thereunder, to desist from so doing; (c) subject to the provisions of sub-sections (2) and (3), arrest any person contravening any provision of this Act or any rule, regulation or order made threunder, where such contravention is an offence punishable under this Act; (d) seize any object used, or about to be used, in contravening, or in contravention of, the provisions of this Act or any rule, regulation or order made thereunder, where such contravention is an offence punishable under this Act. (2) A police officer shall not arrest any person under clause (c) of sub-section (1) without a warrant issued by a Metropolitan Magistrate, unless such person— (a) has contravened any regulation made under clause (b) of sub-section (1) of section 28; (b) has contravened any order or notification made under section 29, sub-section (1) or sub-section (2) of section 30, section 32, section 47, section 48 or sub-section (1) of section 57; (c) commits in the presence of such police officer an offence punishable under section 97, sub-section (1) of section 108, clause (a), (b) or (c) of section 110 or sub-section (2) of section 113 in respect of the contravention of any order made under section 33 or section 34; (d) has committed, or is reasonably suspected to have committed, an offence punishable under section 100 in relation to any dwelling house, private premises or any other land or ground attached thereto: Provided that the person in possession or having charge of that dwelling house, private premises or land or ground complains of the commission of such offence; (e) has committed, or is reasonably suspected to have committed an offence punishable under section 101, section 102 or clause (c) of sub-section (2) of section 113; 26 ----- (f) commits in his presence in any street or public place any non-cognizable offence punishable under this Act or any rule or regulation made thereunder if such person— (i) after being warned by the police officer persists in committing such offence; or (ii) refuses to accompany the police officer to a police station on being required so to do. (3) The Commissioner of Police or any other police officer especially empowered in this behalf by the Commissioner of Police may arrest without a warrant issued by a Metropolitan Magistrate any person who has committed an offence punishable under section 92. **60. Other duties of a police officer.—It shall be the duty of every police officer—** (a) promptly to serve every summons and obey and execute every warrant or other order lawfully issued to him by the competent authority and to comply with all lawful commands of his superior; (b) to the best of his ability, to obtain intelligence concerning the commission of cognizable offences or designs to commit such offences and to lay such information and to take such other steps consistent with law and with the orders of his superiors as shall be best calculated to bring offenders to justice and to prevent the commission of cognizable and, within his view, of non-cognizable offences; (c) to prevent to the best of his ability the commission of public nuisances; (d) to apprehend without unreasonable delay all persons whom he is legally authorised to apprehend and for whose apprehension there is sufficient reason; (e) to aid any other police officer when called upon by such other police officer or in the case of need in the discharge of the duty of such other police officer, in such ways as would be lawful and reasonable on the part of the officer aided; (f) to prevent the breach of the public peace; (g) to afford every assistance within his power to disabled or helpless persons in the streets; (h) to take charge of intoxicated persons and of lunatics at large, who appear dangerous or incapable or taking care of themselves; (i) to take prompt measures to procure necessary help for any person under arrest or in custody, who is wounded or sick and whilst guarding or conducting any such person to have due regard to his condition; (j) to arrange for the proper sustenance and shelter of every person who is under arrest or in custody; (k) in conducting searches, to refrain from needless rudeness and the causing of unnecessary annoyance; (l) in dealing with women and children, to act with strict regard to decency and with reasonable gentleness; (m) to use his best endeavours to prevent any loss or damage by fire; (n) to use his best endeavours to avert any accident or danger to the public; (o) to regulate and control the traffic in the streets, to prevent obstructions therein and to the best of his ability, to prevent the contravention of any rule, regulation or order made under this Act or any other law in force for observance by the public in or near the streets; (p) to keep order in the streets and at and within public bathing and washing places, fairs, temples and all other places of public resort and in the neighbourhood of places of public worship; (q) to regulate resort to public bathing and washing places and all other places of public resort, to prevent overcrowding there and to the best of his ability, to prevent the contravention of any regulation or order lawfully made for observance by the public at such place; and (r) to discharge such other duties as are imposed upon him by any law for the time being in force. 27 ----- **61. Power to enter places of public resort.—Subject to the provisions of this Act and the rules,** regulations and orders made thereunder, every police officer may, for the purpose of discharging any of the duties referred to in section 59 or section 60 enter without a warrant and inspect any place of public resort which he has reason to believe is used as a place for the storing, sale or consumption of intoxicating drinks or narcotics or a place for resort of loose and disorderly characters. **62. Power to search suspected persons in street, etc.—When in a street or a place of public resort a** person is in possession or suspected to be in possession of any article which a police officer in good faith suspects to be stolen property, such police officer may search such person and may require an account in relation to any article found in his possession and should the account given by the possessor be manifestly false or suspicious, may detain such article after giving to the possessor a receipt in the prescribed form and report the facts to a Metropolitan Magistrate who shall thereupon proceed according to the provisions of sections 457, 458 and 459 of the Code of Criminal Procedure, 1973 (2 of 1974). **63. Emergency duties of police.—(1) The Administrator may, by notification in the Official Gazette,** declare any specified service to be an essential service to the community. (2) A declaration made under sub-section (1) shall remain in force for one month in the first instance, but may be extended from time to time by a like notification. (3) Upon a declaration being made under sub-section (1) and so long as it remains in force, it shall be the duty of every police officer to obey any order given by any superior officer in relation to any employment in connection with the service specified in the declaration. **64. Superior police officer may himself perform duties imposed on a subordinate officer.—A** police officer of a rank superior to that of a constable may perform any duty assigned by law or by a lawful order to any officer subordinate to him, and in the case of any duty imposed on such subordinate, a superior may aid, supplement, supersede, or prevent any action of such subordinate by his own action or that of any person lawfully acting under his command or authority, whenever the same shall appear necessary or expedient for giving more complete or convenient effect to the law or for avoiding any infringement thereof. **65. Persons bound to comply with the reasonable directions of police officer.—(1) All persons** shall be bound to comply with the reasonable directions given by a police officer in the discharge of his duties under this Act. (2) Where any person resists, refuses or fails to comply with any direction referred to in sub-section (1), a police officer may, without prejudice to any other action that he may take under any other provision of this Act or any other law for the time being in force, remove such person and either produce him before a Metropolitan Magistrate or, in trivial cases, release him when the occasion which necessitated the removal has ceased to exist: Provided that the person so removed shall in all cases be produced before the Metropolitan Magistrate or released, as the case may be, within a period of twenty-four hours of such removal. CHAPTER VII POWERS IN RELATION TO UNCLAIMED PROPERTY **66. Police to take charge of unclaimed property.—(1) It shall be the duty of every police officer to** take temporary charge— (a) of all unclaimed property found by, or made over to, him; and (b) of all property found lying in any public street, if the owner or person in charge of such property, on being directed to remove the same, refuses or fails to do so. (2) The police officer taking charge of the property under sub-section (1) shall furnish an inventory thereof to the Commissioner of Police. **67. Procedure for disposal of property taken charge of under section 66.—(1) Where any** property has been taken charge of under sub-section (1) of section 66, the Commissioner of Police shall issue a proclamation specifying the articles of which such property consists and requiring that any person 28 ----- who may have a claim thereto shall appear before him or some other officer whom he authorises in this behalf and establish his claim within six months from the date of such proclamation. (2) If the property, or any part thereof, is subject to speedy and natural decay or consists of livestock or if the property appears to be of the value of less than fifty rupees, it may forthwith be sold by auction under the orders of the Commissioner of Police and the net proceeds of such sale shall be dealt with in the same manner as is hereinafter provided for the disposal of the said property. (3) Where any person who has a claim to the property is required by the proclamation under sub-section (1) to appear before the other officer authorised by the Commissioner of Police in that behalf and establish his claim, such officer shall forward the record of the proceedings before him with his findings thereon to the Commissioner of Police. **68. Delivery of property to person entitled.—(1) The Commissioner of Police on being satisfied of** the title of any claimant to the possession or administration of the property specified in the proclamation issued under sub-section (1) of section 67 order the same to be delivered to him, after deduction or payment of the expenses incurred by the Delhi police in the seizure and detention thereof. (2) The Commissioner of Police may, at his discretion, before making any order under sub-section (1), take such security as he may think proper from the person to whom the said property is to be delivered and nothing hereinbefore contained shall affect the right of any person to recover the whole or any part of the same from the person to whom it may have been delivered pursuant to such order. **69. In default of claim, property to be at disposal of Government.—(1) If no person establishes** his claim to such property within the period specified in the proclamation, the property, or such part thereof as has not already been sold under sub-section (2) of section 67, may be sold by auction under the orders of the Commissioner of Police and the proceeds thereof shall be credited to the Government. (2) If any claim is made to any proceeds credited under sub-section (1) to the Government and if such claim is established, whether wholly or to any extent, to the satisfaction of the prescribed authority, the Administrator shall pay to the claimant the amount determined in that behalf by the prescribed authority. (3) The form and manner in which claims may be made under sub-section (2) and the procedure for dealing with such claims and all other matters connected therewith shall be such as may be prescribed. CHAPTER VIII SPECIAL PROVISIONS RELATING TO EXERCISE OF POWERS UNDER THE CODE OF CRIMINAL PROCEDURE, 1973 **70. Power of Central Government to authorise Commissioner of Police and certain other** **officers to exercise powers of District Magistrates and Executive Magistrates under the Code of** **Criminal Procedure, 1973.—(1) The Central Government may, by notification in the Official Gazette** and subject to such conditions and limitations as may be specified therein, empower— (a) the Commissioner of Police to exercise and perform in relation to Delhi the powers and duties of an Executive Magistrate and of a District Magistrate under such of the provisions of the Code of Criminal Procedure, 1973 (2 of 1974), as may be specified in the notification; (b) any officer subordinate to the Commissioner of Police (not being an officer below the rank of an Assistant Commissioner of Police) to exercise and perform in relation to such areas in Delhi as may be specified in the notification the powers and duties of an Executive Magistrate under such of the provisions of the said Code as may be specified in the notification. (2) Every officer subordinate to the Commissioner of Police shall, in the exercise and performance of any powers and duties which he is empowered to exercise or perform under sub-section (1), be subject to the general control of the Commissioner of Police in the same manner and to the same extent as an Executive Magistrate appointed under section 20 of the said Code would be subject to the general control of the District Magistrate appointed under that section. 29 ----- (3) The Commissioner of Police or any officer subordinate to him shall not be subject in the exercise and performance of any powers and duties which he is empowered to exercise and perform under sub-section (1), to the general control of the District Magistrate appointed under section 20 of the said Code. (4) The provisions of this section shall have effect notwithstanding anything contained in the said Code. **71. Notifications under section 70 to be laid before Parliament.—Every notification made by the** Central Government under section 70 shall be laid, as soon as it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the notification or both Houses agree that the notification should not be made, the notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notification. 72. [References to Judicial Magistrate of the first class in sections 108, 109 and 110 of the Code of _Criminal Procedure, 1973 not to be construed as references to an Executive Magistrate.]_ _Omitted by the_ _Code of Criminal Procedure (Amendment) Act, 1980 (63 of 1980), s. 9 (w.e.f. 23-9-1980)._ CHAPTER IX SPECIAL POWERS UNDER THE PREVENTION OF CRUELTY TO ANIMALS ACT, 1960 **73. Powers with regard to offences under Act 59 of 1960.—(1) When in respect of an animal an** offence punishable under sub-section (1) of section 11 or section 12 of the Prevention of Cruelty to Animals Act, 1960 has been committed, or when there is a reasonable ground for suspecting that such offence has been committed, a police officer may— (a) take the animal to the Metropolitan Magistrate, or (b) if the accused person so requires, take the animal to a veterinary officer specified by general or special order by the Administrator in this behalf: Provided that the police officer may, instead of taking the animal to a veterinary officer, take the animal for detention in a dispensary, or in any suitable place approved by the Administrator by general or special order and the animal shall thereupon be detained there until its production before a Metropolitan Magistrate, or (c) take the animal to an infirmary appointed under section 35 of the said Act for treatment and detention therein, pending direction of a Magistrate under sub-section (2) of that section, or (d) when the animal is in such physical condition that it cannot be taken to a veterinary officer or a Metropolitan Magistrate, draw up a report of the condition of the animal in the presence of two or more respectable persons describing such wound, sores, fractures, bruises, or other marks of injury as may be found on the body of the animal: Provided that the police officer may take the animal for detention in a dispensary or any suitable place approved by the Administrator by general or special order and the animal shall thereupon be detained there until its production before a Metropolitan Magistrate. (2) Where an animal is detained in a dispensary, infirmary or other place under sub-section (1), the animal shall be produced before a Metropolitan Magistrate with the least possible delay and in any case within a period not exceeding three days from the date on which it was so detained. **74. Powers of Metropolitan Magistrate to return animal to person from whose possession it was** **taken.—When the animal is brought before a Metropolitan Magistrate under section 73, the Magistrate** may direct the animal to be returned to the person from whose possession it was taken on such person giving security to the satisfaction of the Metropolitan Magistrate binding himself to produce the animal when required or may direct that the animal shall be sent for treatment and care to an infirmary and be detained there as provided in section 35 of the Prevention of Cruelty to Animals Act, 1960 (59 of 1960) or may make such order as he thinks fit regarding the disposal or custody or production of the animal. 30 ----- **75. Veterinary officer to examine the animal.—The veterinary officer before whom an animal is** brought under section 73 shall with all convenient speed examine the same and draw up a report of such examination and a copy of the report of such examination shall be delivered free of charge to the accused person if he applies for it. **76. Animal to be dealt with under Act 59 of 1960.—When under section 73, a police officer takes** an animal for detention in a dispensary or infirmary or other place before its production before a Metropolitan Magistrate or a Metropolitan Magistrate directs its further detention in an infirmary, sub-sections (3) to (7) (both inclusive) of section 35 of the Prevention of Cruelty to Animals Act, 1960 shall, as far as may be, apply in relation to the detention of animal (including the cost of transport, maintenance and treatment of the animal) in the dispensary, infirmary or other place. **77. Power of police officer to unsaddle animal or to unload it.—When a police officer in good** faith suspects that any animal being employed in any work or labour is, by reason of any sore, unfit to be so employed, he may require the person in charge of such animal to unsaddle or unload it for the purpose of ascertaining whether any sore exists and, if any person refuses to do so, such police officer may himself unsaddle or unload the animal or may cause the same to be unsaddled or unloaded. **78. Arrest without warrant in case of certain offences under Act 59 of 1960.—Any police officer** may arrest, without a warrant from a Magistrate, any person committing in his presence any offence punishable under clauses (a) to (m) (both inclusive) of sub-section (1) of section 11 of the Prevention of Cruelly to Animals Act, 1960. **79. Provisions of Chapter to be in addition to the provisions of Act 59 of 1960.—The provisions** of this Chapter shall be in addition to, and not in derogation of, the provisions of the Prevention of Cruelty to Animals Act, 1960. CHAPTER X OFFENCES AND PUNISHMENTS **80. Disregarding the rules of the road.—No person shall—** (a) when driving a vehicle along a street (except in cases of actual necessity or of some other sufficient reason for deviation) fail to keep on the left side of such street and when passing any other vehicle proceeding in the same direction fail to keep on the right side of such vehicle; or (b) leave in any street or public place insufficiently tended or secured any animal or vehicle. **81. Causing obstruction or mischief by animal.—No person shall cause obstruction, damage,** injury, danger, alarm or mischief in any street or public place— (i) by misbehaviour, negligence or ill-usage in the driving, management, treatment or care of any animal or vehicle; or (ii) by driving any vehicle or animal laden with timber, poles or other unwieldy articles through a street or public place contrary to any regulation made in that behalf. **82. Exposing animal for hire, sale, etc.—No person shall in any street or public place expose for** hire or sale any animal or vehicle, clean any furniture or vehicle, or clean or groom any horse or other animal except at such times and places as the competent authority permits, or shall train or break in any horse or other animal or make any vehicle or any part of a vehicle or (except when as a result of any accident repairing on the spot is unavoidable) repair any vehicle or part of a vehicle, or carry on therein any manufacture or operation so as to be a serious impediment to traffic or serious annoyance to residents in the vicinity or to the public. **83. Causing any obstruction in a street.—No person shall cause obstruction in any street or** public place— (a) by allowing any animal or vehicle, which has to be loaded or unloaded, or take up or set down passengers, to remain or stand in the street or the public place longer than may be necessary for such purpose; or 31 ----- (b) by leaving any vehicle standing or fastening any cattle in the street or the public place; or (c) by using any part of a street or public place as a halting place for vehicles or cattle; or (d) by leaving any box, bale, package or other things whatsoever in or upon a street for an unreasonable length of time or contrary to any regulation; or (e) by exposing anything for sale or setting out anything for sale in or upon any stall, booth, board, cask, basket or in any other way whatsoever. **84. Obstructing a footway.—No person shall drive, ride, load, propel or leave on any footway any** animal or vehicle other than a perambulator or fasten any animal in such a way that the animal can stand across or upon such footway. **85. Causing obstruction and annoyance by performances, etc.—No person shall, in contravention** of any regulation made by the Commissioner of Police,— (a) exhibit any mimetic, musical or other performances of such a nature as may attract crowds; or (b) carry or place bulky advertisements, pictures, figures or emblems in any street or public place, whereby any obstruction to passengers or annoyance to the residents in the vicinity may be occasioned. **86. Doing offensive acts in or near a street or public place.—No person shall slaughter any animal,** clean a carcass or hide, or bathe or wash his person in or near to and within sight of a street or public place, except at a place set apart for the purpose, so as to cause annoyance to the neighbouring residents or to passers-by. **87. Letting loose horse, etc., and suffering ferocious dogs to be at large.—No person shall in any** street or public place— (a) negligently let loose any horse or other animal, so as to cause danger, injury, alarm or annoyance; or (b) suffer a ferocious dog to be at large without a muzzle; or (c) set on or urge a dog or other animal to attack, worry or put in fear any person or horse or other animal. **88. Bathing or washing in places not set apart for those purposes.—No person shall bathe or wash** in, or by the side of, a public well, tank or reservoir not set apart for such purpose by order of the competent authority, or in, or by the side of, any pond, pool, aqueduct, part of a river, stream, nullah or other source or means of water supply in which such bathing or washing is forbidden by order of the competent authority. **89. Defiling water in public wells, etc.—No person shall defile or cause to be defiled the water in** any public well, tank, reservoir, pond, pool, aqueduct or part of a river, stream, nullah or other source or means of water supply, so as to render the same less fit for any purpose for which it is set apart by the order of the competent authority. **90. Obstructing bathers.—No person shall obstruct or incommode a person bathing at a place set** apart for the purpose by the order of the competent authority under section 88 by wilful intrusion or by using such place for any purpose for which it is not so set apart. **91. Behaving indecently in public.—No person shall wilfully and indecently expose his person in** any street or public place or place of public resort or within sight of, and in such manner as to be seen from, any street or public place or place of public resort, whether from within any house or building or not, or use indecent language or behave indecently or riotously or in a disorderly manner in a street or public place or place of public resort or in any office, police station or station house. **92. Obstructing or annoying passengers in the street.—No person shall wilfully push, press, hustle** or obstruct any passenger in a street or public place or by violent movements, menacing gestures, wanton personal annoyance, screaming, shouting, wilfully frightening horses or cattle or otherwise, disturb the public peace or order. 32 ----- **93. Misbehaviour with intent to provoke a breach of the peace.—No person shall use in any street** or public place any threatening, abusive or insulting words or behaviour with intent to provoke a breach of the peace or whereby a breach of the peace may be occasioned. **94. Prohibition against flying kites, etc.—No person shall fly a kite or any other thing so as to cause** danger, injury or alarm to persons, animals or property. **95. Committing nuisance in or near street, etc.—No person shall in or near to any street, public** place or place of public resort— (a) commit a nuisance by easing himself; or (b) having the care or custody of any child under seven years of age, suffer such child to commit a nuisance as aforesaid; or (c) spit or throw any dust, ashes, refuse or rubbish so as to cause annoyance to any passer-by. **96. Disregard of notice in public building.—No person shall, in any court, police station, police** office or building occupied by Government or building occupied by any local body, smoke, or spit in contravention of a notice, by the competent authority in charge of such place, displayed in such court, police station, police office or building. **97. Penalties for offences under sections 80 to 96.—Any person who contravenes any of the** provisions of sections 80 to 96 (both inclusive) shall, on conviction, be punished with fine which may extend to one hundred rupees, or, in default of payment of such fine, with imprisonment for a term not exceeding eight days. **98. Penalty for failure to keep in confinement cattle, etc.—(1) Whoever allows any cattle which** are his property or in his charge to stray in any street or to trespass upon any public or private property shall on conviction be punished— (a) for the first offence, with imprisonment for a term which may extend to one month, or with fine which may extend to three hundred rupees, or with both; and (b) for the second or subsequent offence, with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both. (2) The Metropolitan Magistrate trying an offence under sub-section (1) may order— (a) that the accused shall pay such compensation not exceeding two hundred and fifty rupees as such Magistrate considers reasonable to any person for any damage proved to have been caused to his property or the produce of his land by the cattle under the control of the accused trespassing on his land; and (b) that the cattle in respect of which the offence has been committed shall be forfeited to the Government. (3) Any compensation awarded under sub-section (2) may be recovered as if it were a fine imposed under this section. (4) It shall be the duty of every police officer and it shall be lawful for any other person to seize and take to any cattle pound for confinement therein any cattle found straying in any street or trespassing upon any private or public property. (5) Any fine imposed under this section may, without prejudice to any other means of recovery provided by law, be recovered by sale of all or any of the cattle in respect of which the offence was committed, whether they are the property of the person convicted of the offence or were only in his charge when the offence was committed. (6) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the offence punishable under this section shall be cognizable. 33 ----- **99. Punishment for cruelty to animals.—Whoever in any place cruelly beats, goads, overworks,** ill-treats or tortures or causes, or procures to be cruelly beaten, goaded, overworked, ill-treated or tortured, any animal shall, on conviction, be punished with imprisonment which may extend to one month, or with fine which may extend to one hundred rupees, or with both. **100. Wilful trespass.—Whoever without satisfactory excuse wilfully enters or remains in or upon** any dwelling-house or premises or land or ground attached thereto, or on any ground, building, monument or structure belonging to Government or used for public purposes, or on any vehicle, shall, on conviction, whether he causes any actual damage or not, be punished with imprisonment which may extend to seven days or with fine which may extend to one hundred rupees, or with both. **101. False alarm of fire or damage to fire alarm.—Whoever knowingly gives or causes to be given** a false alarm of fire to the fire brigade of the Government or the Corporation or a municipality or to any officer or fireman thereof, whether by means of a street fire alarm, statement, message or otherwise, or with intent to give such false alarm wilfully breaks the glass of, or otherwise damages, a street fire alarm, shall, on conviction, be punished with imprisonment for a term which may extend to three months or with fine which may extend to one hundred rupees, or with both. **102. Being found under suspicious circumstances between sunset and sunrise.—Whoever is** found between sunset and sunrise— (a) armed with any dangerous instrument with intent to commit an offence; or (b) having his face covered, or otherwise disguised with intent to commit an offence; or (c) in any dwelling-house or other building, or on any vehicle, without being able satisfactorily to account for his presence there; or (d) lying or loitering in any street, yard or other place, being a reputed thief and without being able to give a satisfactory account of himself; or (e) having in his possession without lawful excuse (the burden of proving which excuse shall be on such person) any implement of house breaking, shall, on conviction, be punished with imprisonment for a term which may extend to three months. **103. Possession of property of which no satisfactory account can be given.—Whoever has in his** possession or conveys in any manner, or offers for sale or pawn, anything which there is reason to believe is stolen property or property fraudulently obtained, shall, if he fails to account for such possession or act to the satisfaction of the Metropolitan Magistrate, on conviction, be punished with imprisonment for a term which may extend to three months or with fine which may extend to one hundred rupees, or with both. **104. Omission by pawn-brokers, etc., to report to police possession or tender of property** **suspected to be stolen.—Whoever being a pawn-broker, dealer in second hand property, or worker in** metals, or reasonably believed by the Commissioner of Police to be such a person, and having received from a police officer written or printed information in relation to any property suspected to have been transferred by any offence mentioned in section 410 of the Indian Penal Code (45 of 1860) or by any offence punishable under section 417, section 418, section 419 or section 420 of the said Code, is found in possession, or, after the receipt of such information, comes into possession or has an offer, either by way of sale, pawn, exchange, or for custody, alteration or otherwise, howsoever, made to him, of property answering the description contained in such information, shall, unless— (i) he forthwith gives information to the Commissioner of Police, or at a police station of such possession or offers and takes all reasonable means to ascertain and to give information as aforesaid of the name and address of the person from whom the possession or offer was received, or (ii) the property, being an article of common wearing apparel or otherwise, is incapable of identification from the written or printed information given and has been in no way concealed after the receipt of such information, 34 ----- on conviction, be punished with fine which may extend to fifty rupees in respect of each such article of property so in his possession or offered to him. **105. Melting, etc., of property referred to in section 104.—Whoever having received such** information as is referred to in section 104 alters, melts, defaces or puts away or causes or suffers to be altered, melted, defaced or put away, without the previous permission of the police, any such property as is referred to in that section shall, on proof that the same was stolen property within the meaning of section 410 of the Indian Penal Code (45 of 1860) or property in respect of which any offence punishable under section 417, section 418, section 419 or section 420 of the said Code has been committed, be punished with imprisonment for a term which may extend to three years or with fine, or with both. **106. Taking pledge from child.—Whoever takes from any child, not appearing to be above the age** of fourteen years, any article whatsoever as a pawn, pledge or security for any sum of money lent, advanced or delivered to such child or without the knowledge and consent of the owner of the article buys from such child any article whatsoever, shall, on conviction, be punished with fine which may extend to one hundred rupees. **107. Suffering disorderly conduct at places of public amusement, etc.—Whoever, being the** keeper of any place of public amusement or public entertainment, knowingly permits or suffers drunkenness or other disorderly behaviour or any gambling whatsoever, in such place, shall, on conviction, be punished with fine which may extend to one hundred rupees. **108. Cheating at games and gambling in street.—(1) Whoever by any fraud or unlawful device or** malpractice in playing at or with cards, dice or other game or in taking part in the stakes or wagers, or in betting on the sides or hands of the players, or in wagering on the event of any game, sports, pastime or exercise, wins from any other person, for himself or any other or others, any sum of money or valuable thing, shall be deemed to have committed the offence of cheating within the meaning of section 415 of the Indian Penal Code (45 of 1860), and be liable to punishment accordingly. (2) Whoever assembles with others, or joins any assembly, in a street assembled for the purpose of gambling or wagering shall, on conviction, be punished with fine which may extend to fifty rupees or may be released after a due admonition. **109. Penalty for disobedience to order under section 27.—Whoever contravenes, disobeys,** opposes, or fails to conform to an order under section 27 requiring him to vacate any premises, shall, on conviction be punished with imprisonment which may extend to three months or with fine which may extend to five hundred rupees or with both. **110. Penalty for contravening regulations, etc., under section 28.—Save as provided in** section 112, whoever contravenes, or abets the contravention of, any regulation made under section 28 or any of the conditions of a licence issued under such regulation shall, on conviction, be punished— (a) if the regulation was made under clause (b) of sub-section (1) of section 28 providing for the prohibition of the sale, or exposure for sale, of any goods on any street or portion thereof so as to cause obstruction to traffic or inconvenience to the public— (i) for the first offence, with imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both, and (ii) for any subsequent offence, with imprisonment for a term which may extend to six months and with fine which may extend to five hundred rupees; (b) if the regulation was made under clause (d), (h), (i), or (j), sub-clause (i) or (ii) of clause (s) or clause (v) of sub-section (1) of section 28, with imprisonment for a term which may extend to eight days, or with fine which may extend to fifty rupees, or with both; (c) if the regulation was made under clause (o) or (p) of sub-section (1) of section 28, with fine which may extend to two hundred rupees; and (d) if the regulation was made under any clause of sub-section (1) of section 28 and for the contravention of which no penalty is provided under clause (a), (b) or (c) of this section, with fine which may extend to fifty rupees. 35 ----- **111. Liability of licensee of place of public amusement or entertainment for acts of servants.—** The holder of a licence granted under this Act in respect of a place of public amusement or public entertainment shall be responsible, as well as the actual offender for any offence under section 110 committed by his servant or other agent acting with his express or implied permission on his behalf as if he himself had committed the same, unless he establishes that all due and reasonable precautions were taken by him to prevent the commission of such offence. **112. Penalty for not obtaining licence in respect of place of public entertainment or certificate of** **registration in respect of eating house or for not renewing such licence or certificate within** **prescribed period.—(1) Whoever fails to obtain a licence under this Act in respect of a place of public** entertainment or a certificate of registration thereunder in respect of any eating house, or to renew the licence or the certificate, as the case may be, within the prescribed period shall, on conviction, be punished with fine which may extend to fifty rupees. (2) Any court trying any such offence shall in addition direct that the person keeping the place of public entertainment, or the eating house, in respect of which the offence has been committed shall close such place, or eating house until he obtains a licence or fresh licence, or a certificate of registration or fresh certificate of registration, as the case may be, in respect thereof and thereupon such person shall forthwith comply with such direction. (3) If the person fails to comply with any such direction, he shall, on conviction, be punished with imprisonment for a term which may extend to one month or with fine which may extend to two hundred rupees or with both. (4) Without prejudice to any action taken under sub-section (3), on the failure of such person to comply with the direction of the court, any police officer authorised by the Commissioner of Police, by an order in writing, may take or cause to be taken such steps and use or cause to be used such force as may, in the opinion of such officer, be reasonably necessary for securing compliance with the court’s direction. **113. Penalties for contravention of orders, etc., under sections 29, 30, 31, 32, 33 and** **34.—(1) Whoever contravenes, disobeys, opposes or fails to conform to any order given by a police** officer under section 29 shall, on conviction, be punished with fine which may extend to two hundred rupees. (2) Whoever contravenes a notification or an order made under section 30, section 32, section 33 or section 34 or abets the contravention thereof shall, on conviction, be punished— (a) if the said notification or order was made under sub-section (1) of section 30 or under section 33 or section 34, with imprisonment for a term which shall not be less than four months but which may extend to one year, and shall also be liable to fine: Provided that the court may, for adequate and sufficient reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than four months; (b) if the said order was made under sub-section (2) of section 30, with imprisonment for a term which may extend to one month, or with fine which may extend to one hundred rupees, or with both; (c) if the said notification was made under sub-section (3) of section 30, with fine which may extend to one hundred rupees; or (d) if the said order was made under section 32, with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both. (3) Whoever opposes or fails to conform to any direction given by a police officer under section 31, shall, on conviction, be punished with fine which may extend to two hundred rupees. **114. Penalty for contravention of regulations, etc., made under sections 35, 36 and** **37.—Whoever contravenes, or abets the contravention of, any regulation, notice or order made under** section 35, section 36 or section 37 shall, on conviction, be punished with imprisonment which may extend to three months, or with fine which may extend to two hundred rupees, or with both. 36 ----- **115. Penalty for contravention of directions under sections 46, 47 or 48.—Whoever opposes or** fails to conform to any direction issued under section 46, section 47 or section 48 or abets the opposition to, or the failure to conform to, any such direction shall, on conviction, be punished with imprisonment which shall not be less than four months but which may extend to one year 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 four months. **116. Penalty for entering without permission area from which a person is directed to remove** **himself or overstaying when permitted to return temporarily.—Without prejudice to the power to** arrest and remove a person in the circumstances, and in the manner provided in section 53, any person who— (a) in contravention of a direction issued to him under section 46, section 47 or section 48 enters or returns without permission to Delhi, or any part thereof, as the case may be, from which he was directed to remove himself; or (b) enters or returns to Delhi or any part thereof with permission granted under sub-section (1) of section 54, but fails, contrary to the provisions thereof, to remove himself outside such area at the expiry of the temporary period for which he was permitted to enter or return or on the earlier revocation of such permission, or having removed himself at the expiry of such temporary period or on revocation of the permission, enters or returns thereafter, without fresh permission, shall, on conviction, be punished with imprisonment for a term which shall not be less than six months but which may extend to two 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 six months. **117. Penalty for contravention of orders under section 57.—Whoever contravenes any order made** under section 57 shall, on conviction, be punished with imprisonment for a term which may extend to three years, or with fine, or with both. **118. Penalty for opposing or not complying with direction given under clause (b) of** **sub-section (1) of section 59.—Whoever opposes or fails forthwith to comply with any reasonable** requisition made by a police officer under clause (b) of sub-section (1) of section 59, or abets the opposition thereto or failure to comply therewith, shall, on conviction, be punished with imprisonment for a term which shall not be less than four months but which may extend to one year 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 four months. **119. Penalty for contravening directions under section 65.—Whoever opposes or fails to conform** to any direction given by any police officer under section 65 or abets the opposition or failure to conform to such direction shall, on conviction, be punished with fine which may extend to fifty rupees. **120. Dangerous performances.—(1) No person shall without the previous permission of the** Commissioner of Police and except in accordance with any conditions subject to which such permission is granted, hold or give in any place which is likely to cause an assembly of persons, any performance in which or during which he buries himself under ground or seals himself in any room or receptacle or other thing, in such manner as to prevent all access of air to him and for such time as would ordinarily result in death by suffocation. (2) If any person contravenes or attempts to contravene the provisions of sub-section (1), he shall, on conviction, be punished with imprisonment for a term which may extend to one year or with fine, or with both. (3) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the offence punishable under this section shall be cognizable. 37 ----- **121. Neglect or refusal to serve as special police officer.—(1) Any person, who having been** appointed to be a special police officer under section 17 shall without sufficient cause neglect or refuse to serve as such or to obey any lawful order or direction that may be given to him for the performance of his duties as such special police officer, shall, on conviction, be punished with fine which may extend to fifty rupees. (2) Such punishment shall automatically cancel the certificate of appointment of such a special police officer. **122. Penalty for making false statement, etc., and for misconduct of police officers.—(a) Any** person who makes a false statement or uses a false document for the purpose of obtaining employment or release from employment as a police officer, or (b) any police officer who— (i) is guilty of cowardice, or (ii) being a police officer of subordinate rank, resigns his office or withdraws himself from duties thereof in contravention of section 25, or (iii) is guilty of any wilful breach or neglect of any provision of law or of any rule or regulation or any order which he is bound to observe or obey, or (iv) is guilty of any violation of duty for which no punishment is expressly provided by any other law in force, shall, on conviction, be punished with imprisonment for a term which may extend to three months, or with fine which may extend to one hundred rupees, or with both. _Explanation.—A police Officer who being absent on leave fails without reasonable cause to report_ himself for duty on the expiration of such leave shall, for the purpose of sub-clause (ii) of clause (b), be deemed to withdraw himself from the duties of his office within the meaning of section 25. **123. Penalty for failure to deliver up certificate of appointment or other article.—Any police** officer, who wilfully neglects or refuses to deliver up his certificate of appointment or of office or any other article, in accordance with the provisions of sub-section (1) of section 26 shall, on conviction, be punished with imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both. **124. Vexatious entry, search, arrest, etc., by police officer.—Any police officer who—** (a) without lawful authority or reasonable cause enters or searches, or causes to be entered or searched, any building, vessel, tent or place; or (b) vexatiously and unnecessarily seizes the property of any person; or (c) vexatiously and unnecessarily detains, searches or arrests any person; or (d) offers any unnecessary personal violence to any person in his custody; or (e) holds out any threat or promise not warranted by law, shall, for every such offence, on conviction, be punished with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both. **125. Penalty for vexatious delay in forwarding a person arrested.—Any police officer who** vexatiously and unnecessarily delays the forwarding of any person arrested to a Magistrate or to any other authority to whom he is legally bound to forward such person, shall, on conviction, be punished with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both. **126. Penalty for unauthorised use of police uniforms.—If any persons not being a member of the** Delhi police wears, without the permission of an officer authorised by the Administrator in this behalf by general or special order, the uniform of the Delhi police or any dress having the appearance or bearing 38 ----- any of the distinctive marks of that uniform, he shall, on conviction, be punished with fine which may extend to two hundred rupees. **127. Power to make regulations regarding carrying weapons without authority.—(1) The** Commissioner of Police may, by notification in the Official Gazette, make regulations to provide that no person, other than a member of the armed forces of the Union acting as such or a police officer, shall go armed with any sword, spear, bludgeon, gun or other offensive weapon or with any explosive or corrosive substance in any street or public place unless so authorised by such authority as may be specified in such regulations. (2) Any regulation made under sub-section (1) may provide that any person who goes armed in contravention of such regulation shall be liable to be disarmed by any police officer and the weapon or substance so seized shall be forfeited to the Government, unless redeemed within two months by payment of such fine, not exceeding five hundred rupees, as the Commissioner of Police imposes. **128. Prosecution for certain offences against this Act to be in the discretion of Delhi** **police.—It shall not, except in obedience to a rule, regulation or order made by the Administrator or by** the Commissioner of Police, be incumbent on the Delhi police to prosecute for an offence punishable under section 97, section 104, sub-section (1) of section 113, section 114, section 119 or section 121 when such offence has not occasioned serious mischief and has been promptly desisted from on a warning being given. **129. Summary disposal of certain cases.—(1) A court taking cognizance of an offence punishable** under section 97, or under clause (a), (b) or (c) of section 110 may state upon the summons to be served on the accused person that he may, by a specified date, prior to the hearing of the charge plead guilty to the charge by registered letter and remit to the court such sum not exceeding one hundred rupees in the case of an offence punishable under section 97 and in any other case rupees fifty, as the court may specify. (2) Where an accused person pleads guilty and remits the sum specified in the summons, under sub-section (1), no further proceedings in respect of the offence shall be taken against him. **130. Prosecution for offences under other enactments not affected.—Subject to the provisions** contained in section 300 of the Code of Criminal Procedure, 1973 (2 of 1974), nothing in this Act shall be construed to prevent any person from being prosecuted and punished under any other law for anything made punishable by this Act or from being prosecuted and punished under this Act for anything made punishable under any other law. **131. Offences by companies.—(1) Where an offence under this Act has been committed by a** company, every person who at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was 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 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. 39 ----- CHAPTER XI MISCELLANEOUS **132. Disposal of fees, rewards, etc.—All fees paid for licences or permissions granted under this** Act, and all sums paid for the service of processes by police officers and all rewards, forfeitures and penalties or shares thereof, which are by law payable to police officers as informers shall, save in so far as any such fees or sums belong under the provisions of any enactment for the time being in force to any local authority be credited to the Government: Provided that with the sanction of the Administrator or under any rule made by the Administrator in that behalf, the whole or any portion of any such reward, forfeiture or penalty may for special services, be paid to a police officer or be divided amongst two or more police officers. **133. Method of proving orders and notifications.—Any order or notification published or issued** by the Administrator or by the Commissioner of Police or any other police officer under any provision of this Act, and the due publication or issue thereof may be proved by the production of a copy thereof in the Official Gazette, or of a copy thereof signed by the Administrator or Commissioner of Police or other police officer, as the case may be, and by him certified to be a true copy of an original published or issued according to the provisions of this Act applicable thereto. **134. Rules, regulations or orders not invalidated by defect of form or irregularity in** **procedure.—No rule, regulation, order, direction, adjudication, inquiry or notification made or published** and no act done under any provision of this Act or any rule or regulation made under this Act, or in substantial conformity with the same, shall be deemed illegal, void, invalid or insufficient by reason of any defect of form or any irregularity of procedure. **135. Presumption in prosecutions for contravention of order made under section 46, 47 or 48.—** Notwithstanding anything contained in any law for the time being in force, in a prosecution for an offence for the contravention of an order made under section 46, section 47 or section 48 on the production of an authentic copy of the order, it shall, until the contrary is proved by the accused, be presumed— (a) that the order was made by the authority competent under this Act to make it; (b) that the authority making the order was satisfied that the grounds on, or the purpose for, which it was made existed, and that it was necessary to make the same; and (c) that the order was otherwise valid and in conformity with the provisions of this Act. **136. Officers holding charges of, or succeeding to, vacancies competent to exercise powers.—** Whenever in consequence of the office of the Commissioner of Police, Additional Commissioner of Police or any police officer becoming vacant, any officer holds charge of the post of such Commissioner of Police, Additional Commissioner of Police or other police officer or succeeds, either temporarily or permanently, to that post, such officer shall be competent to exercise all the powers and perform all the duties respectively conferred and imposed by or under this Act on the Commissioner of Police or on such Additional Commissioner of Police or other police officer, as the case may be. **137. Forfeiture of bond entered into by person under sub-section (1) of section 54.—If any** person permitted to enter or return to the area from which he was directed to remove himself under sub-section (1) of section 54, fails to observe any condition imposed under that sub-section or by the bond executed by him thereunder, his bond shall be forfeited and any person bound thereby shall pay the penalty thereof or show cause to the satisfaction of the court why such penalty should not be paid. **138. No police officer to be liable to penalty or damage for act done in good faith in pursuance** **of duty.—No police officer shall be liable to any penalty or to payment of any damages on account of an** act done in good faith in pursuance of or purported to be done in pursuance of any duty imposed or any authority conferred on him by any provision of this Act or any other law for the time being in force or any rule, regulation, order or direction made or given thereunder. 40 ----- **139. No public servant liable as aforesaid for giving effect in good faith to any rule, regulation,** **order or direction issued with apparent authority.—No public servant or person duly appointed or** authorised shall be liable to any penalty or to payment of any damages for giving effect in good faith to— (a) any order or direction issued with apparent authority by the Administrator or by a person empowered in that behalf under this Act; or (b) any rule or regulation made under this Act. _Explanation.—In this section, the expression “public servant” has the meaning assigned to it in_ section 21 of the Indian Penal Code (45 of 1860). **140. Bar to suits and prosecutions.—(1) In any case of alleged offence by a police officer or other** person, or of a wrong alleged to have been done by such police officer or other person, by any act done under colour of duty or authority or in excess of any such duty or authority, or wherein it shall appear to the court that the offence or wrong if committed or done was of the character aforesaid, the prosecution or suit shall not be entertained and if entertained shall be dismissed if it is instituted, more than three months after the date of the act complained of: Provided that any such prosecution against a police officer or other person may be entertained by the court, if instituted with the previous sanction of the Administrator, within one year from the date of the offence. (2) In the case of an intended suit on account of such a wrong as aforesaid, the person intending to sue shall give to the alleged wrongdoer not less than one month’s notice of the intended suit with sufficient description of the wrong complained of, and if no such notice has been given before the institution of the suit, it shall be dismissed. (3) The plaint shall set forth that a notice as aforesaid has been served on the defendant and the date of such service and shall state what tender or amends, if any, has been made by the defendant and a copy of the said notice shall be annexed to the plaint endorsed or accompanied with a declaration by the plaintiff of the time and manner of service thereof. **141. Licences and written permissions to specify conditions, etc., and to be signed.—(1) Any** licence or written permission granted under the provisions of this Act shall specify the period and locality for which, and the conditions and restrictions subject to which, the same is granted, and shall be given under the signature of the competent authority. (2) Any licence or written permission granted under this Act may at any time be suspended or revoked by the competent authority if any of its conditions or restrictions are infringed or evaded by the person to whom it has been granted, or if such person is convicted of any offence with respect to any matter to which such licence or permission relates. (3) When any such licence or written permission is suspended or revoked, or when the period for which the same was granted has expired, the persons to whom the same was granted shall, for all purposes of this Act, be deemed to be without a licence or written permission, until the order for suspending or revoking the same is cancelled, or until the same is renewed, as the case may be. (4) Every person to whom any such licence or written permission has been granted shall, while the same remains in force, at all reasonable times, produce the same, if so required by a police officer. _Explanation.—For the purposes of this section any such infringement or evasion by, or conviction of,_ a servant or other agent acting on behalf of the person to whom the licence or written permission has been granted shall be deemed to be infringement or evasion or, as the case may be, conviction of, the person to whom such licence or written permission has been granted. **142. Public notices how to be given.—Any notification which may be publicly promulgated, public** notice required to be given, order required to be notified publicly or proclamation required to be issued under any of the provisions of this Act shall be in writing, under the signature of a competent authority and shall be published in the locality to be affected thereby, by affixing copies thereof in conspicuous public places, or by proclaiming the same with beat of drums or by advertising, the same in such local 41 ----- newspapers in Hindi, Urdu and English, as the competent authority may deem fit, or by any two or more of these means and by any other means it may think suitable. **143. Consent, etc., of a competent authority may be proved by writing under its signature.—** Whenever under this Act, the doing or the omitting to do anything or the validity of anything depends upon the consent, approval, declaration, opinion or satisfaction of the competent authority, a written document signed by the competent authority, purporting to convey or set forth such consent, approval, declaration, opinion or satisfaction shall be sufficient evidence thereof. **144. Signature on notices, etc., may be stamped.—Every licence, written permission, notice or** other document, not being a summons or warrant or search warrant, required by this Act or by any rule or regulation made thereunder, to bear the signature of the Commissioner of Police, shall be deemed to be properly signed if it bears a facsimile of his signature stamped thereon. **145. Persons interested may seek to annul, reverse or alter any rule or order.—(1) In the case of** any rule or order made by the Administrator under an authority conferred by this Act and requiring the public or a particular class of persons to perform some duty or act, or to conduct or order themselves or those under their control in a manner therein described, it shall be competent for any person interested to apply to the Administrator by a memorial to annul, reverse, or alter the rule or order aforesaid on the ground of its being unlawful, oppressive or unreasonable. (2) After such an application as aforesaid and rejection thereof wholly or in part or after the lapse of four months without an answer to such application or a decision thereon published by the Administrator, it shall be competent for the person interested and deeming the rule or order to be contrary to law to institute a suit in the principal civil court of original jurisdiction against the Administrator for a declaration that the rule or order is unlawful either wholly or in part. (3) Where in any suit instituted under sub-section (2) or on appeal therefrom, the court adjudges a rule or order to be unlawful, the rule or order shall be annulled or so altered as to make it conformable to law. **146. Powers of Commissioner of Police under other Acts.—(1) The Commissioner of Police shall** exercise all powers and discharge all functions which may be exercised or discharged by a District Magistrate under the Acts mentioned in Schedule I including the rules made thereunder. (2) The Commissioner of Police may authorise any Additional Commissioner of Police, Deputy Commissioner of Police or Additional Deputy Commissioner of Police to exercise any of the powers or discharge any of the functions of the Commissioner of Police mentioned in sub-section (1) in accordance with the general or special orders of the Administrator. (3) The powers and functions of a District Magistrate under the Sarais Act, 1867 (22 of 1867), shall be exercised and discharged by the Administrator or such officer as the Administrator may, by notification in the Official Gazette, authorise in this behalf. **147. Power to make rules.—(1) The Administrator may 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) recruitment to, and the pay, allowance and all other conditions of service of the members of, the Delhi police under clause (b) of section 5; (b) the manner of publication, under sub-section (2) of section 17, by the Commissioner of Police, of the names of special police officers appointed under that section; (c) awarding of any of the punishments referred to in sub-section (1) or sub-section (2) of section 21 to any police officer of subordinate rank; (d) procedure for awarding punishments under section 22; (e) form of Discharge Certificate under sub-section (8) of section 25; 42 ----- (f) determination of the cost of employing additional police under sub-section (2) of section 38; (g) manner of taking measurements and photographs under section 55 of a person against whom an order has been made under section 46, section 47 or section 48; (h) manner of constituting Defence Societies under sub-section (1) of section 58; (i) form of receipt to be given in respect of any article detained under section 62; (j) the authority to whose satisfaction claims are to be established under sub-section (2) of section 69 and the form and manner in which claims may be made under that sub-section, the procedure for dealing with such claims and all other matters connected therewith under sub-section (3) of that section; (k) payment to any police officer or division among two or more police officers the whole or any portion of any reward, forfeiture or penalty, under the proviso to section 132; (l) any other matter which has to be, or may be, prescribed, or provided for by rules, under this Act. **148. Notification of rules and regulations in the Official Gazette and laying of rules and** **regulations.—(1) Every rule and regulation made under this Act shall be made by notification in the** Official Gazette. (2) Every rule and 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, as the case may be, 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. (3) Every rule and regulation made under this Act shall also be laid before the Metropolitan Council of Delhi. **149. Cesser of operation of certain enactments and savings.—(1) On the commencement of this** Act the enactments specified in Schedule II shall cease to be in force in Delhi; Provided that— (i) all rules and standing orders made (including the Punjab Police Rules, as in force in Delhi), appointments made, powers conferred, orders made or passed, directions and certificates issued, consent, permit, permission or licence given, summons or warrants issued or served, persons arrested or detained or discharged on bail or bond, search warrants issued, bonds forfeited and penalties incurred under any such enactment shall, in so far as they are consistent with this Act, be deemed to have been respectively made, conferred, passed, given, issued, served, arrested, detained, discharged, forfeited or incurred under this Act; (ii) all references in any enactment to any of the provisions of the enactments so ceasing to be in force shall, in relation to Delhi, be construed as references to the corresponding provisions of this Act. (2) The cesser of operation under sub-section (1) of an enactment specified in Schedule II shall not affect— (a) the validity, invalidity, effect or consequence of anything done or suffered to be done thereunder before the commencement of this Act; (b) any right, privilege, obligation or liability already acquired, accrued or incurred thereunder before such commencement; (c) any penalty, forfeiture or punishment incurred or inflicted in respect of any act thereunder before such commencement; 43 ----- (d) any investigation, legal proceeding or remedy in respect of such right, privilege, obligation, liability, penalty, forfeiture or punishment; or (e) any legal proceeding thereunder pending in any court or before any officer immediately before such commencement or anything done or suffered to be done in the course of such proceedings, and any such proceeding or any appeal or revisional proceedings arising out of such proceeding shall, save as otherwise expressly provided in section 150 be instituted, continued or disposed of, as the case may be, as if this Act had not been enacted. **150. Police force functioning in Delhi immediately before the commencement of this Act to be** **deemed to be police force constituted under this Act.—Without prejudice to the provisions contained** in section 149,— (a) the police force functioning in Delhi immediately before the commencement of this Act (hereafter in this section referred to as the existing police force) shall, on such commencement, be deemed to be police force constituted under this Act and every member of the existing police force holding the office mentioned in column (1) of Schedule III, immediately before such commencement, shall be deemed to be appointed, on such commencement, to the office mentioned in the corresponding entry in column (2) of that Schedule; (b) all proceedings (including proceedings by way of investigations) pending before any police officer of the existing police force, immediately before the commencement of this Act shall on such commencement be deemed to be proceedings pending before him in his capacity as the holder of the office to which he is deemed to be appointed under clause (a) and shall be dealt with accordingly; (c) where any power or function which may be exercised or discharged under any law by a District Magistrate or Executive Magistrate immediately before the commencement of this Act has been conferred on the Commissioner of Police or any other police officer by or under this Act, all proceedings in relation to or arising from the exercise of such power or the discharge of such function pending immediately before such conferment before the District Magistrate, or the Executive Magistrate, as the case may be, shall, on the conferment of such power or function on the Commissioner of Police or other police officer stand transferred to the Commissioner of Police or other police officer, as the case may be, and the officer to whom such proceedings stand so transferred shall either proceed de novo or from the stage of such transfer. **151. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of** this Act in consequence of the transition to the said provisions from the provisions of the enactments mentioned in Schedule II, the Central Government may, by notification in the Official Gazette, make such provisions as appear to it to be necessary or expedient for removing the difficulty: Provided that no such notification shall be issued after the expiry of two years from the commencement of this Act. (2) Every notification issued under this section shall, as soon as may be after it is issued, be laid before each House of Parliament. **152. Repeal and saving.—(1) The Delhi Police Ordinance, 1978 (Ord. 2 of 1978) is hereby repealed.** (2) Notwithstanding such repeal, anything done or any action taken under the Ordinance so repealed shall be deemed to have been done or taken under the corresponding provisions of this Act. 44 ----- SCHEDULE I [See section 146(1)] PART I CENTRAL ACTS 1. The Press and Registration of Books Act, 1867. 2. The Indian Explosives Act, 1884. 3. The Indian Lunacy Act, 1912. 4. The Poisons Act, 1919. 5. The Police (Incitement to Disaffection) Act, 1922. 6. The Cinematograph Act, 1952. 7. The Suppression of Immoral Traffic in Women and Girls Act, 1956. 8. The Arms Act, 1959. 9. The Prevention of Cruelty to Animals Act, 1960. PART II DELHI ACT AND ACTS EXTENDED TO DELHI 1. The Madras Restriction of Habitual Offenders Act, 1948, as in force in Delhi. 2. The Punjab Security of State Act, 1953, as in force in Delhi. 3. The Madras Dramatic Performance Act, 1954, as in force in Delhi. 4. The Delhi Public Gambling Act, 1955. 5. The Bombay Prevention of Begging Act, 1959, as in force in Delhi. __________ SCHEDULE II (See section 149) Year No. Short title 1861 V The Police Act, 1861. Section 40 of the Punjab Laws Act, 1872, as in 1872 IV force in Delhi. The provisions of the Bombay Police Act, 1951, as in 1951 XXII force in Delhi. 45 ----- SCHEDULE III (See section 150) Posts to which the officers of the Delhi police shall Designation of officer in the Delhi police be deemed to be appointed (1) (2) 1. Inspector General of Police. Commissioner of Police. 2. Deputy Inspector General of Police. Additional Commissioner of Police. 3. Superintendent of Police. Deputy Commissioner of Police. 4. Assistant Inspector General of Police. Deputy Commissioner of Police. 5. Additional Superintendent of Police. Additional Deputy Commissioner of Police. 6, Assistant Superintendent of Police. Assistant Commissioner of Police. 7. Deputy Superintendent of Police. Assistant Commissioner of Police. 46 -----

7-Sep-1978

37

The Press Council Act, 1978

https://www.indiacode.nic.in/bitstream/123456789/1744/1/A1978__37.pdf

central

# THE PRESS COUNCIL ACT, 1978 ______ ARRANGEMENT OF SECTIONS _______ CHAPTER I PRELIMINARY SECTIONS 1. Short title and extent. 2. Definitions. 3. Rule of construction respecting enactments not extending to *the State of Jammu and Kashmir or Sikkim. CHAPTER II ESTABLISHMENT OF THE PRESS COUNCIL 4. Incorporation of the Council. 5. Composition of the Council. 6. Term of office and retirement of members. 7. Conditions of service of members. 8. Committees of the Council. 9. Meetings of the Council and committees. 10. Vacancies among members or defect in the constitution not to invalidate acts and proceedings of the Council. 11. Staff of the Council. 12. Authentication of orders and other instruments of the Council. CHAPTER III POWERS AND FUNCTIONS OF THE COUNCIL 13. Objects and functions of the Council. 14. Power to censure. 15. General powers of the Council. 16. Levy of fees. 17. Payments to the Council. 18. Fund of the Council. 19. Budget. 20. Annual report. 21. Interim reports. 22. Accounts and audit. CHAPTER IV MISCELLANEOUS 23. Protection of action taken in good faith. 1 ----- SECTIONS 24. Members, etc., to be public servants. 25. Power to make rules. 26. Power to make regulations. 27. Amendment of Act 25 of 1867. 2 ----- # THE PRESS COUNCIL ACT, 1978 ACT NO. 37 OF 1978 [7th September, 1978.] # An Act to establish a Press Council for the purpose of preserving the freedom of the Press and of maintaining and improving the standards of newspapers and news agencies in India. BE it enacted by Parliament in the Twenty-ninth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title and extent.—(1) This Act may be called the Press Council Act, 1978.** (2) It extends to the whole of India. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “Chairman” means the Chairman of the Council; (b) “Council” means the Press Council of India established under section 4; (c) “member” means a member of the Council and includes its Chairman; (d) “prescribed” means prescribed by rules made under this Act; (e) the expressions “editor” and “newspaper” have the meanings respectively assigned to them in the Press and Registration of Books Act, 1867 (25 of 1867), and the expression “working journalist” has the meaning assigned to it in the Working Journalists and other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 (45 of 1955). **3. Rule of construction respecting enactments not extending to *the State of Jammu and** **Kashmir or Sikkim.—Any reference in this Act to a law which is not in force in *the State of** [1]*** Sikkim shall, in relation to that State, be construed as a reference to the corresponding law, if any, in force in that State. **STATE AMENDMENT** **Union territory of Jammu and Kashmir and Ladakh** **Section 3.--Omit "Jammu and Kashmir or".** [Vide 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).] CHAPTER II ESTABLISHMENT OF THE PRESS COUNCIL **4. Incorporation of the Council.—(1) With effect from such date as the Central Government may,** by notification in the Official Gazette, appoint, there shall be established a Council by the name of the Press Council of India. (2) The said Council shall be a body corporate having perpetual succession and a common seal and shall by the said name sue and be sued. **5. Composition of the Council.—(1) The Council shall consist of a Chairman and twenty-eight other** members. (2) The Chairman shall be a person nominated by a Committee consisting of the Chairman of the Council of States (Rajya Sabha), the Speaker of the House of the People (Lok Sabha) and a person elected by the members of the Council under sub-section (6) and the nomination so made shall take effect from the date on which it is notified by the Central Government in the Official Gazette. 1. The words “Jammu and Kashmir or” omitted by omitted by the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, vide notification No. S.O. 1123(E) dated (18-3-2020). *. Now applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh by the Notification of Government of India, M/o Home Affairs vide No. S.O. 3912 (E), dated 30th October, 2019 (w.e.f. 31-10-2019). 3 ----- (3) Of the other members— (a) thirteen shall be nominated in accordance with such procedure as may be prescribed from among the working journalists, of whom six shall be editors of newspapers and the remaining seven shall be working journalists other than editors; so, however, that the number of such editors and working journalists other than editors in relation newspapers published in Indian languages shall be not less than three and four respectively; (b) six shall be nominated in accordance with such procedure as may be prescribed from among persons who own or carry on the business of management of newspapers, so, however, that there shall be two representatives from each of the categories of big newspapers, medium newspapers and small newspapers; (c) one shall nominated in accordance with such procedure as may be prescribed from among persons who manage news agencies; (d) three shall be persons having special knowledge or practical experience in respect of education and science, law, and literature and culture of whom respectively one shall be nominated by the University Grants Commission, one by the Bar Council of India and one by the Sahitya Academy; (e) five shall be members of Parliament of whom three shall be nominated by the Speaker from among the members of the House of the People (Lok Sabha) and two shall be nominated by the Chairman of the Council of States (Rajya Sabha) from among its members: Provided that no working journalist who owns, or carries on the business of management of, any newspaper shall eligible for nomination under clause (a): Provided further that the nominations under clause (a) and clause (b) shall be so made that among the persons nominated there is not more than one person interested in any newspaper or group of newspapers under the same control of management. 1[Explanation.—For the purposes of clause (b), a “newspaper” shall be deemed to be categorised as big, medium or small newspaper on the basis of its circulation per issue, as the Central Government may, by notification in the Official Gazette, notify from time to time.] (4) Before making any nomination under clause (a), clause (b) or clause (c) sub-section (3), the Central Government in the case of the first Council and the retiring Chairman of the previous Council in the case of any subsequent Council shall, in the prescribed manner, invite panels of names comprising twice the number of members to be nominated from such associations of persons of the categories referred to in the said clause (a), clause (b) or clause (c) as may be notified in this behalf by the Central Government in the case of the first Council and by the Council itself in the case of subsequent Councils: Provided that where there is no association of persons of the category referred to in the said clause (c), the panels of names shall be invited from such news agencies as may be notified as aforesaid. (5) The Central Government shall notify the names of persons nominated as members under sub-section (3) in the Official Gazette and every such nomination shall take effect from the date on which it is notified. (6) The members of the Council notified under sub-section (5) shall elect from among themselves in accordance with such procedure as may be prescribed, a person to be a member of the Committee referred to in sub-section (2) and a meeting of the members of the Council for the purpose of such election shall be prescribed over by a person chosen from among themselves. **6. Term of office and retirement of members.—(1) Save as otherwise provided in this section, the** Chairman and other members shall hold office for a period of three years: Provided that the Chairman shall continue to hold such office until the Council is reconstituted in accordance with the provisions of section 5 or for a period of six months whichever is earlier. 1. Subs. by Act 36 of 1994, s. 2, for the Explanation (w.e.f. 3-6-1994). 4 ----- (2) Where a person nominated as a member under clause (a), clause (b) or clause (c) of sub-section (3) of section 5 is censured under the provisions of sub-section (1) of section 14, he shall cease to be a member of the Council. (3) The term of office of a member nominated under clause (e) of sub-section (3) of section 5 shall come to an end as soon as he ceases to be a member of the House from which he was nominated. (4) A member shall be deemed to have vacated his seat if he is absent without excuse, sufficient in the opinion of the Council, from three consecutive meetings of the Council. (5) The Chairman may resign his office by giving notice in writing to the Central Government, and any other member may resign his office by giving notice in writing to the Chairman, and upon such resignation being accepted by the Central Government, or as the case may be, the Chairman or the member shall be deemed to have vacated his office. (6) Any vacancy arising under sub-section (2), sub-section (3), sub-section (4) or sub-section (5) or otherwise shall be filled, as soon as may be, by nomination in the same manner in which the member vacating office was nominated and the member so nominated shall hold office for the remaining period in which the member in whose place he is nominated would have held office. (7) A retiring member shall be eligible for re-nomination for not more than one term. **7. Conditions of service of members.—(1) The Chairman shall be a whole-time officer and shall be** paid such salary as the Central Government may think fit; and the other members shall receive such allowances of fees for attending the meetings of the Council, as may be prescribed. (2) Subject to the provisions of sub-section (1), the conditions of service of members shall be such as may be prescribed. (3) It is hereby declared that the office of a member of the Council shall not disqualify its holder for being chosen as, or for being, a member of either House of Parliament. **8. Committees of the Council.—(1) For the purpose of performing its functions under this Act, the** Council may constitute from among its members such Committees for general or special purposes as it may deem necessary and every Committee so constituted shall perform such functions as are assigned to it by the Council. (2) The Council shall have the power to co-opt as members of any committee constituted under sub-section (1) such other number of persons, not being members of the Council, as it thinks fit. (3) Any such member shall have the right to attend any meeting of the Committee on which he is so co-opted and to take part in the discussions thereat, but shall not have the right to vote and shall not be a member for any other purpose. **9. Meetings of the Council and committees.—The Council or any committee thereof 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. **10. Vacancies among members or defect in the constitution not to invalidate acts and** **proceedings of the Council.—No act or proceeding of the Council shall be deemed to be invalid by** reason merely of the existence of any vacancy in, or any defect in the constitution of, the Council. **11. Staff of the Council.—(1) Subject to such rules as may be made by the Central Government in** this behalf, the Council may appoint a Secretary and such other employees as it may think necessary for the efficient performance of its functions under this Act. (2) The terms and conditions of service of the employees shall be such as may be determined by regulations. **12. Authentication of orders and other instruments of the Council.—All orders and decisions of** the Council shall be authenticated by the signature of the Chairman or any other member authorised by the Council in this behalf and other instruments issued by the Council shall be authenticated by the signature of the Secretary or any other officer of the Council authorised in like manner in this behalf. 5 ----- CHAPTER III POWERS AND FUNCTIONS OF THE COUNCIL **13. Objects and functions of the Council.—(1) The objects of the Council shall be to preserve the** freedom of the Press and to maintain and improve the standards of newspapers and news agencies in India. (2) The Council may, in furtherance of its objects, perform the following functions, namely:— (a) to help newspapers and news agencies to maintain their independence; (b) to build up a code of conduct for newspapers, news agencies and journalists in accordance with high professional standards; (c) to ensure on the part of newspapers, news agencies and journalists, the maintenance of high standards of public taste and foster a due sense of both the rights and responsibilities of citizenship; (d) to encourage the growth of a sense of responsibility and public service among all those engaged in the profession of journalism; (e) to keep under review any development likely to restrict the supply and dissemination of news of public interest and importance; (f) to keep under review cases of assistance received by any newspaper or news agency in India from any foreign source including such cases as are referred to it by the Central Government or are brought to its notice by any individual, association of persons or any other organisation: Provided that nothing in this clause shall preclude the Central Government from dealing with any case of assistance received by a newspaper or news agency in India from any foreign source in any other manner it thinks fit; (g) to undertake studies of foreign newspapers, including those brought out by any embassy or other representatives in India of a foreign State, their circulation and impact. _Explanation.—For the purposes of this clause, the expression “foreign State” has the meaning_ assigned to it in section 87A of the Code of Civil Procedure, 1908 (5 of 1908); (h) to promote a proper functional relationship among all classes of persons engaged in the production or publication of newspapers or in news agencies: Provided that nothing in this clause shall be deemed to confer on the Council any functions in regard to disputes to which the Industrial Disputes Act, 1947 (14 of 1947), applies; (i) to concern itself developments such as concentration of or other aspects of ownership of newspapers and news agencies which may affect the independence of the Press; (j) to undertake such studies as may be entrusted to the Council and to express its opinion in regard to any matter referred to it by the Central Government; (k) to do such other acts as may be incidental or conductive to the discharge of the above functions. **14. Power to censure.—(1) Where, on receipt of a complaint made to it or otherwise, the Council has** reason to believe that a newspaper or news agency has offended against the standards or journalistic ethics or public taste or that an editor or a working journalist has committed any professional misconduct, the Council may, after giving the newspaper, or news agency, the editor or journalist concerned an opportunity of being heard, hold an inquiry in such manner as may be provided by regulations made under this Act and, if it is satisfied that it is necessary so to do, it may, for reasons to be recorded in writing, warn, admonish or censure the newspaper, the news agency, the editor or the journalist or disapprove the conduct of the editor or the journalist, as the case may be: Provided that the Council may not take cognizance of a compliant if in the opinion of the Chairman, there is no sufficient ground for holding an inquiry. 6 ----- (2) If the Council is of the opinion that it is necessary or expedient in the public interest so to do, it may require any newspaper to publish therein in such manner as the Council thinks fit, any particulars relating to any inquiry under this section against a newspaper or news agency, an editor or a journalist working therein, including the name of such newspaper, news agency, editor or journalist. (3) Nothing in sub-section (1) shall be deemed to empower the Council to hold an inquiry into any matter in respect of which any proceeding is pending in a court of law. (4) The decision of the Council under sub-section (1), or sub-section (2), as the case may be, shall be final and shall not be questioned in any court of law. **15. General powers of the Council.—(1) For the purpose of performing its functions or holding any** inquiry under this Act, the Council shall have the same powers throughout India as are vested in 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 persons and examining them on oath; (b) requiring the discovery and inspection of documents; (c) receiving evidence on affidavits; (d) requisitioning any public record or copies thereof from any court or office; (e) issuing commissions for the examination of witnesses or documents; and (f) any other matter, which may be prescribed. (2) Nothing in sub-section (1) shall be deemed to compel any newspaper, news agency, editor or journalist to disclose the source of any news or information published by that newspaper or received or reported by that news agency, editor or journalist. (3) Every inquiry held by the Council shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860). (4) The Council may, if it considers it necessary for the purpose of carrying out its objects or for the performance of any of its functions under this Act, make such observations, as it may think fit, in any of its decisions or reports, respecting the conduct of any authority, including Government. **16. Levy of fees.—(1) The Council may, for the purpose of performing its functions under this Act,** levy such fees, at such rates and in such manner, as may be prescribed, from registered newspapers and news agencies and different rates may be prescribed for different newspapers having regard to their circulation and other matters. (2) Any fees payable to the Council under sub-section (1) may be recovered as an arrear of land revenue. **17. Payments to the Council.—The Central Government may, after due appropriation made by** Parliament by law in this behalf, pay to the Council by way of grants such sums of money as the Central Government may consider necessary for the performance of the functions of the Council under this Act. **18. Fund of the Council.—(1) The Council shall have its own fund, and the fees collected by it, all** such sums as may, from time to time, be paid to it by the Central Government and all grants and advances made to it by any other authority or person shall be credited to the Fund and all payments by the Council 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 Council. (3) The Council 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 Council. **19. Budget.—The Council 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. 7 ----- **20. Annual report.—The Council shall prepare once every year, in such form and at such time as** may be prescribed, an annual report, giving a summary of its activities during the previous year, and giving an account of the standards of newspapers and news agencies and factors affecting them, and copies thereof, together with the statement of accounts audited in the manner prescribed under section 22 shall be forwarded to the Central Government and the Government shall cause the same to be laid before both Houses of Parliament. **21. Interim reports.—Without prejudice to the provisions of section 20, the Council may prepare at** any time during the course of a year, a report giving a summary of such of its activities during the year as it considers to be of public importance 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. **22. Accounts and audit.—The accounts of the Council shall be maintained and audited in such** manner as may, in consultation with the Comptroller and Auditor-General of India, be prescribed. CHAPTER IV MISCELLANEOUS **23. Protection of action taken in good faith.—(1) No suit or other legal proceeding shall lie against** the Council or any member thereof or any person acting under the direction of the Council in respect of 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 any newspaper in respect of the publication of any matter therein under the authority of the Council. **24. Members, etc., to be public servants.—Every member of the Council and every officer or other** employee appointed by the Council shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860). **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: Provided that when the Council has been established, no such rules shall be made without consulting the Council. (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 nomination of members of the Council under clauses (a), (b) and (c) of sub-section (3) of section 5; (b) the manner in which panels of names may be invited under sub-section (4) of section 5; (c) the procedure for election of a member of the Committee referred to in sub-section (2) of section 5 under sub-section (6) of that section; (d) the allowances of fees to be paid to the members of the Council for attending the meetings of the Council, and other conditions of service of such members under sub-section (1) and (2) of section 7; (e) the appointment of the Secretary and other employees of the Council under section 11; (f) the matters referred to in clause (f) of sub-section (1) of section 15; (g) the rates at which fees may be levied by the Council under section 16 and the manner in which such fees may be levied; (h) the form in which, and the time within which, the budget and annual report are to be prepared by the Council under sections 19 and 20 respectively; (i) the manner in which the accounts of the Council are to be maintained and audited under section 22. 8 ----- (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. **26. Power to make regulations.—[1][(1)] The Council may** [2][by notification in the Official Gazette] make regulations not inconsistent with this Act thereof and the rules made thereunder, for— (a) regulating the meetings of the Council or any committee thereof and the procedure for conducting the business thereat under section 9; (b) specifying the terms and conditions of service of the employees, appointed by the Council, under sub-section (2) of section 11; (c) regulating the manner of holding any inquiry under this Act; (d) delegating to the Chairman or the Secretary of the Council, subject to such conditions as it may think fit to impose, any of its powers under sub-section (3) of section 18; (e) any other matter for which provision may be made by regulations under this Act: Provided that the regulations made under clause (b) shall be made only with the prior approval of the Central Government. 2[(2) The Central Government shall cause every regulation made under this Act to 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 modification or annulment shall be without prejudice to the validity of anything previously done under that regulation.] **27. [Amendment of Act 25 of 1867.]** _Rep. by the Repealing and Amending Act,_ 1988 (19 of 1988), s. 2 and the First Schedule (w.e.f. 31-3-1988). 1. Section 26 re-numbered as sub-section (1) thereof by Act 20 of 1983, s. 2 and the Schedule (w.e.f. 15-3-1984). 2. Ins. by s. 2 and the Schedule, ibid. (w.e.f. 15-3-1984). 9 -----

8-Dec-1978

41

The Britannia Engineering Company Limited (Mokameh Unit) and the Arthur Butler and Company (Muzaffarpore) Limited (Acquisition and Transfer of Undertakings) Act, 1978

https://www.indiacode.nic.in/bitstream/123456789/1469/1/197841.pdf

central

# THE BRITANNIA ENGINEERING COMPANY LIMITED (MOKAMEH UNIT) AND THE ARTHUR BUTLER AND COMPANY (MUZAFFARPORE) LIMITED (ACQUISITION AND TRANSFER OF UNDERTAKINGS) ACT, 1978 _________ # ARRANGEMENT OF SECTIONS __________ CHAPTER I PRELIMINARY SECTIONS 1. Short title and commencement. 2. Definitions. CHAPTER II ACQUISITION AND TRANSFER OF MOKAMEH UNIT AND UNDERTAKINGS OF ARTHUR BUTLER AND COMPANY 3. Vesting in the Central Government of Mokameh unit and undertakings of Arthur Butler and Company. 4. General effect of vesting. 5. Power of Central Government to direct vesting of Mokameh unit and the undertakings of Arthur Butler and Company in a Government company. 6. Britannia Engineering Company and Arthur Butler and Company to be liable for certain prior liabilities. CHAPTER III PAYMENT OF AMOUNT 7. Payment of amount. 8. Payment of further amount. CHAPTER IV MANAGEMENT, ETC., OF MOKAMEH UNIT AND THE UNDERTAKINGS OF ARTHUR BUTLER AND COMPANY 9. Management, etc., of Mokameh unit and the undertakings of Arthur Butler and Company. 10. Duty to deliver possession of Mokameh unit and undertakings of Arthur Butler and Company. 11. Duty of the companies to furnish particulars. 12. Duty of persons in charge of management of Mokameh unit or undertakings of Arthur Butler and Company to deliver assets, etc. CHAPTER V PROVISIONS RELATING TO EMPLOYEES OF MOKAMEH UNIT AND OF ARTHUR BUTLER AND COMPANY 13. Employment of employees to continue. 14. Provident fund and other funds. CHAPTER VI COMMISSIONER OF PAYMENTS 15. Appointment of Commissioner of Payments. 16. Payment by Central Government to the Commissioner. 17. Certain powers of the Central Government or Government company. 18. Claims to be made to the Commissioner. 19. Priority of claims. 20. Examination of claims. 21. Admission or rejection of claims. ----- SECTIONS 22. Disbursement of money by Commissioner. 23. Disbursement of amounts to Britannia Engineering Company and Arthur Butler and Company. 24. Undisbursed or unclaimed amount to be deposited with the General Revenue Account. CHAPTERVII MISCELLANEOUS 25. Act have overriding effect. 26. Contracts to cease to have effect unless ratified by the Central Government or the Government company. 27. Penalties. 28. Offences by companies. 29. Protection of action taken in good faith. 30. Delegation of Powers. 31. Power to make rules. 32. Power to remove difficulties. 33. Declaration as to the policy of the State. THE FIRST SCHEDULE THE SECOND SCHEDULE ----- # THE BRITANNIA ENGINEERING COMPANY LIMITED (MOKAMEH UNIT) AND THE ARTHUR BUTLER AND COMPANY (MUZAFFARPORE) LIMITED (ACQUISITION AND TRANSFER OF UNDERTAKINGS) ACT, 1978 ACT NO. 41 OF 1978 [8th December, 1978.] # An Act to provide for the acquisition and transfer of the right, title and interest of the undertakings of Britannia Engineering Company in relation to the Mokameh unit owned by it and the right, title and interest of Arthur Butler and Company in relation to the undertakings owned by it, with a view to ensuring the continued manufacture of railway wagons and other goods essential to the needs of the country in general and the Railways in particular, and for matters connected therewith or incidental thereto. WHEREAS Britannia Engineering Company at the Mokameh unit and Arthur Butler and Company were engaged in the manufacture of railway wagons and other goods; AND WHEREAS as a result of the closure of the wagon and other undertakings owned by the companies aforesaid, there was a substantial fall in the manufacture of railway wagons and other goods; AND WHEREAS for the purpose of bringing the closed works of the companies aforesaid into operation the management of the Mokameh unit of Britannia Engineering Company and the management of the undertakings of Arthur Butler and Company were taken over by the Central Government under the Industries (Development and Regulation) Act, 1951 (65 of 1951); AND WHEREAS it is necessary to acquire the said wagon and other undertakings to ensure the continued manufacture of railway wagons and other goods which are essential to the needs of the country in general, and the Railways in particular; BE it enacted by Parliament in the Twenty-ninth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title and commencement.—(1) This Act may be called the Britannia Engineering** Company Limited (Mokameh Unit) and the Arthur Butler and Company (Muzaffarpore) Limited (Acquisition and Transfer of Undertakings) Act, 1978. (2) The provisions of sections 27 and 28 shall come into force at once and the remaining provisions of this Act shall be deemed to have come into force on the 1st day of April, 1978. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “appointed day” means the 1st day of April, 1978; (b) “Arthur Butler and Company” means Messrs. Arthur Butler and Company (Muzaffarpore) Limited, a company within the meaning of the Companies Act 1956 (1 of 1956), and having its registered office at 40, Stand Road, Calcutta, in the State of West Bengal; (c) “Britannia Engineering Company” means Messrs.Britannia Engineering Company Limited, a company within the meaning of the Companies Act 1956 (1 of 1956), and having its registered office at 3, Netaji Subhash Road, Calcutta, in the State of West Bengal; (d) “Commissioner” means the Commissioner of Payments appointed under section 15; (e) “Government company” means a company within the meaning of section 617 of the Companies Act, 1956 (1 of 1956) and referred to in section 5 of this Act; (f) “Mokameh unit” means the wagon and other undertakings owned by Britannia Engineering Company at Mokameh in the State of Bihar; (g) “notification” means a notification published in the Official Gazette; ----- (h) “prescribed” means prescribed by rules made under this Act; (i) “specified date”, in relation to any provision of this Act, means such date as the Central Government may, by notification, specify for the purpose of that provision and different dates may be specified for different provisions of this Act; (j) “wagon and other undertaking” means the undertaking which is engaged in the manufacture of railway wagons and other goods; (k) words and expressions used herein and not defined but defined in the Companies Act, 1956 (1 of 1956), have the meanings, respectively assigned to them in that Act. CHAPTER II ACQUISITION AND TRANSFER OF MOKAMEH UNIT AND UNDERTAKINGS OF ARTHUR BUTLER AND COMPANY **3. Vesting in the Central Government of Mokameh unit and undertakings of Arthur Butler and** **Company.—On the appointed day,—** (i) the Mokameh unit and the right, title and interest of Britannia Engineering Company in relation to the Mokameh unit; and (ii) the undertakings owned by Arthur Butler and Company and the right, title and interest of Arthur Butler and Company in relation to the said undertakings, shall, by virtue of this Act, stand transferred to, and shall vest in, the Central Government. **4. General effect of vesting.—(1) The Mokameh unit, and the undertakings of Arthur Butler and** Company, referred to in section 3, shall be deemed to include all assets, rights, lease-holds powers, authorities and privileges and all property, movable and immovable, including lands, buildings, workshops, stores, instruments, machinery and equipment, cash balances, cash in hand, reserve funds, investments and book debts pertaining to the Mokameh unit or, as the case may be, the undertakings of Arthur Butler and Company, and all other rights and interests in, or arising out of, such property as were immediately before the appointed day in the ownership, possession, power or control— (a) of Britannia Engineering Company, in relation to the Mokameh unit, or (b) of Arthur Butler and Company, in relation to the undertakings owned by it, whether within or outside India, and all books of account, registers and other documents of whatever nature relating thereto. (2) All properties as aforesaid which have vested in the Central Government under section 3 shall, by force of such vesting, be freed and discharged from any trust, obligation, mortgage, charge, lien and all other incumbrances affecting it, and any attachment, injunction or decree or order of any court or other authority, restricting the use of such properties in any manner or appointing any receiver in respect of the whole or any part of such properties shall be deemed to have been withdrawn. (3) Every mortgagee of any property which has vested under this Act in the Central Government and every person holding any charge, lien or other interest in, or in relation to, any such property shall give, within such time and in such manner as may be prescribed, an intimation to the Commissioner of such mortgage, charge, lien or other interest. (4) For the removal of doubts, it is hereby declared that the mortgagee of any property referred to in sub-section (3) or any other person holding and charge, lien or other interest in, or in relation to any such property shall be entitled to claim, in accordance with his rights and interests, payment of the mortgage money or other dues, in whole or in part, out of amounts specified in the First Schedule and also out of the monies determined under section 8, but no such mortgage, charge, lien or other interest shall be enforceable against any property which has vested in the Central Government or the Government company, as the case may be. ----- (5) If, on the appointed day, any suit, appeal or other proceeding of whatever nature instituted or preferred by or against Britannia Engineering Company in relation to the Mokameh unit, or by or against Arthur Butler and Company in relation to any undertaking owned by it, is pending, the same shall not abate, be discontinued or be, in any way, prejudicially affected by reason of the transfer of the Mokameh unit or, as the case may be, the undertakings of Arthur Butler and Company, or of anything contained in this Act, but the suit, appeal or other proceeding may be continued, prosecuted or enforced by or against the Central Government or the Government company as the case may be. **5. Power of Central Government to direct vesting of Mokameh unit and the undertakings of** **Arthur Butler and Company in a Government company.—(1) Notwithstanding anything contained in** section 3, the Central Government may, if it is satisfied that a Government company (whether in existence at the commencement of this Act or incorporated thereafter) is willing to comply, or has complied, with such terms and conditions as that Government may think fit to impose, direct, by notification, that the Mokameh unit and the undertakings referred to in section 3, and the right, title and interest of Britannia Engineering Company in relation to the Mokameh unit, and the right, title and interest of Arthur Butler and Company in relation to the undertakings owned by it, which have vested in the Central Government under section 3, shall instead of continuing to vest in the Central Government, vest in the Government company either on the date of the notification or on such earlier or later date (not being a date earlier than the appointed day) as may be specified in the notification. (2) Where the right, title and interest in relation to the Mokameh unit and in relation to the other undertakings referred to in section 3, vest in a Government company under sub-section (1), the Government company shall, on and from the date of such vesting, be deemed to have become the owner of the Mokameh unit and of the undertakings of Arthur Butler and Company and all the rights and liabilities of the Central Government in relation to the Mokameh unit and the undertakings of Arthur Butler and Company shall, on and from the date of such vesting, be deemed to have been the rights and liabilities, respectively, of the Government company. **6. Britannia Engineering Company and Arthur Butler and Company to be liable for certain** **prior liabilities.—(1) Every liability of Britannia Engineering Company in relation to the Mokameh unit,** or of Arthur Butler and Company in relation to the undertakings owned by it, in respect of any period prior to the appointed day, shall be the liability of Britannia Engineering Company, or Arthur Butler and Company, as the case may be, and shall be enforceable against such company and not against the Central Government or the Government company. (2) For the removal of doubts, it is hereby declared that,— (a) save as otherwise expressly provided in this section or in any other section of this Act,— (i) no liability of Britannia Engineering Company, in relation to the Mokameh unit, and (ii) no liability of Arthur Butler and Company, in relation to the undertakings owned by it, in respect of any period prior to the appointed day, shall be enforceable against the Central Government or the Government company, as the case may be; (b) no award, decree or order of any court, tribunal or other authority in relation to the Mokameh unit, or in relation to the undertakings owned by Arthur Butler and Company, passed after the appointed day in respect of any matter, claim or dispute, which arose before that day, shall be enforceable against the Central Government or the Government company, as the case may be; (c) no liability incurred before the appointed day by— (i) Britannia Engineering Company, in relation to the Mokameh unit, or (ii) Arthur Butler and Company, in relation to the undertakings owned by it, for the contravention of any provision of law for the time being in force shall be enforceable against the Central Government or the Government company as the case may be. ----- CHAPTER III PAYMENT OF AMOUNT **7. Payment of amount.—(1) For the transfer to, and vesting in, the Central Government, under** section 3,— (a) of the Mokameh unit and the right, title and interest of Britannia Engineering Company, in relation to that unit; and (b) of the undertakings owned by Arthur Butler and Company, and the right, title and interest of Arthur Butler and Company, in relation to those undertakings, there shall be given by the Central Government to Britannia Engineering Company and Arthur Butler and Company, in cash and in the manner specified in Chapter V1, an amount equal to the amount specified, respectively, in the First Schedule, against Britannia Engineering Company and Arthur Butler and Company. (2) For the removal of doubts, it is hereby declared that the liabilities of— (i) Britannia Engineering Company, in relation to the Mokameh unit, and (ii) Arthur Butler and Company, in relation to the undertakings owned by it, shall be met, in accordance with the rights and interests of the creditors of the respective company from the amount due, respectively, to Britannia Engineering Company and Arthur and Company, under sub-section (1). **8. Payment of further amount.—(1) For the deprivation of Britannia Engineering Company of the** management of the Mokameh unit and for the deprivation or Arthur Butler and Company of the management of the undertakings owned by it, there shall be given, in cash, by the Central Government to the respective company, in addition to the amount specified in section 7, an amount computed at the rate of ten thousand rupees per annum for the period commencing on the date on which the management of such unit or, as the case may be, such undertakings, was taken over by the Central Government under the Industries (Development and Regulation) Act, 1951 (65 of 1951) and ending with the appointed day. (2) In consideration of the retrospective operation of the provisions of sections 3, 4 and 6, there shall also be given, in cash, by the Central Government to Britannia Engineering Company and to Arthur Butler and Company an amount equal to an amount calculated at the rate of ten thousand rupees per annum for the period commencing on the appointed day and ending with the date on which this Act receives the assent of the President. (3) The amount specified in section 7 and the amount computed under sub-sections (1) and (2) shall carry simple interest at the rate of four per cent. per annum for the period commencing on the appointed day and ending with the date on which the payment of amount is made by the Central Government to the Commissioner. (4) The amounts determined in accordance with the provisions of sub-sections (1), (2) and (3) shall be given to Britannia Engineering Company and to Arthur Butler and Company in addition to the amount specified in the First Schedule. CHAPTER IV MANAGEMENT, ETC., OF MOKAMEH UNIT AND THE UNDERTAKINGS OF ARTHUR BUTLER AND COMPANY **9. Management, etc., of Mokameh unit and the undertakings of Arthur Butler and Company.—** On the appointed day, the general superintendence, direction, control and management of the affairs and business of the Mokameh unit and of the undertakings owned by Arthur Butler and Company shall— (a) where a direction has been made by the Central Government under section 5, vest in the Government company specified in such direction, or ----- (b) where no such direction has been made, vest in such person or body of persons as may be appointed by the Central Government in this behalf, and thereupon the Government company so specified or the person or body of persons so appointed, as the case may be, shall be entitled to exercise all such powers and do all such things as Britannia Engineering Company is authorised to exercise and do in relation to its Mokameh unit or, as the case may be, Arthur Butler and Company is authorised to exercise and do in relation to the undertakings owned by it. **10. Duty to deliver possession of Mokameh unit and undertakings of Arthur Butler and** **Company.—(1) Every person, in whose possession or custody or control—** (i) the Mokameh unit, or (ii) any undertaking or Arthur Butler and Company, or any part of such unit or undertaking or any machinery, instrument or other movable assets forming part of such unit or undertaking, may be immediately before the appointed day, shall forthwith deliver possession of the Mokameh unit or such undertaking or such part, machinery, instrument or other asset, as the case may be, to the Central Government or the Government company or to such person or body of persons as the Central Government or the Government company may specify in this behalf. (2) Every person who has, on the appointed day, in his possession or under his control any assets, books, documents or other papers relating to the Mokameh unit or any undertaking owned by Arthur Butler and Company, which has vested in the Central Government or a Government company under this Act, and which belong to Britannia Engineering Company or, as the case may be, Arthur Butler and Company, or would have so belonged if the Mokameh unit, or as the case may be, the undertakings owned by Arthur Butler and Company, had not vested in the Central Government or the Government company, shall be liable to account for the said assets, books, documents and other papers to the Central Government or the Government company and shall deliver them up to the Central Government or the Government company or to such person or body or persons as the Central Government or the Government Company may specify in this behalf. (3) The Central Government may take or cause to be taken all necessary steps for securing possession of the Mokameh unit and the undertakings of Arthur Butler and Company which have vested in it under section 3. **11. Duty of the companies to furnish particulars.—Britannia Engineering Company and Arthur** Butler and Company shall, within such period as the Central Government may allow in this behalf, furnish to that Government a complete inventory of all its properties and assets, as on the appointed day, pertaining to the Mokameh unit, or as the case may be, the undertakings owned by Arthur Butler and Company which has or have vested in the Central Government under section 3, and, for this purpose the Central Government or the Government company shall afford Britannia Engineering Company or Arthur Butler and Company all reasonable facilities. **12. Duty of persons in charge of management of Mokameh unit or undertakings of Arthur** **Butler and Company to deliver assets, etc.—On the vesting in the Central Government or the** Government company of the management of the Mokameh unit or of any undertakings owned by Arthur Butler and Company, all persons in charge of the management of the Mokameh unit or, as the case may be, the undertakings owned by Arthur Butler and Company immediately before the date of such vesting, shall be bound to deliver to the Central Government or the Government company or to such person or body or persons as the Central Government or the Government company may specify in this behalf, all assets, books of account, registers or other documents in their custody relating to the Mokameh unit or, as the case may be, any undertaking owned by Arthur Butler and Company. CHAPTER V PROVISIONS RELATING TO EMPLOYEES OF MOKAMEH UNIT AND OF ARTHUR BUTLER AND COMPANY **13. Employment of employees to continue.—(1) Every person who has been, immediately before** the appointed day, employed by— (i) Britannia Engineering Company, in connection with the Mokameh unit, or ----- (ii) Arthur Butler and Company, in connection with any undertaking owned by it, shall become, on and from the appointed day, an employee of the Central Government or, as the case may be, of the Government company, and shall hold office or service under the Central Government or the Government company, as the case may be, with the same rights and privileges as to pension, gratuity and other matters as would have been admissible to him if there had been no such vesting and shall continue to do so unless and until his employment under the Central Government or the Government company, as the case may be, is duly terminated or until his remuneration and other conditions of service are duly altered by the Central Government or the Government company, as the case may be. (2) 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 person employed in the Mokameh unit or any undertakings owned by Arthur Butler and Company, to the Central Government or the Government company shall not entitle such officer or other employee to any compensation under this Act or any other law for the time being in force and no such claim shall be entertained by any court, tribunal or other authority. **14. Provident fund and other funds.—(1) Where Britannia Engineering Company or Arthur Butler** and Company has established a provident fund, superannuation fund, welfare fund or other fund for the benefit of persons employed in the Mokameh unit or, as the case may be, any of the undertakings owned by Arthur Butler and Company, the monies relatable to the employees, whose services have become transferred by or under this Act to the Central Government or the Government company shall out of the monies standing, on the appointed day, to the credit of such provident fund, superannuation fund, welfare fund or other funds, stand transferred to, and vest in, the Central Government or the Government company, as the case may be. (2) The monies which stand transferred under sub-section (1) to the Central Government or the Government company, as the case may be, shall be dealt with by that Government or the Government company in such manner as may be prescribed. CHAPTER VI COMMISSIONER OF PAYMENTS **15. Appointment of Commissioner of Payments.—(1) the Central Government shall, for the** purpose of disbursing the amount payable under sections 7 and 8 to Britannia Engineering Company and to Arthur Butler and Company, by notification, appoint a Commissioner of Payments. (2) The Central Government may appoint such other persons as it may think fit to assist the Commissioner and thereupon the Commissioner may authorise one or more of such persons also to exercise all or any of the powers exercisable by him under this Act and different persons may be authorised to exercise different powers. (3) Any person authorised by the Commissioner to exercise any of the powers exercisable by the Commissioner may exercise those powers in the same manner and with the same effect as if they have been conferred on that person directly by this Act and not by way of authorisation. (4) The salaries and allowances of the Commissioner and other persons appointed under this section shall be defrayed out of the Consolidated Fund of India. **16. Payment by Central Government to the Commissioner.—(1) the Central Government shall,** within thirty days from the specified date, pay, in cash, to the Commissioner, for payment to Britannia Engineering Company and to Arthur Butler and Company,— (a) an amount equal to that specified against each of their names in the First Schedule, (b) an amount equal to that payable to Britannia Engineering Company and Arthur Butler and company under section 8. (2) A deposit account shall be opened by the Central Government in favour of the Commissioner in the Public Account of India, and every amount paid under this Act to the Commissioner shall be deposited by him to the credit of the said deposit account and the said deposit account shall be operated by the Commissioner. ----- (3) Separate records shall be maintained by the Commissioner in respect of Mokameh unit and the undertakings owned by Arthur Butler and Company in relation to which payment has been made to him under this Act. (4) Interest acquiring on the amounts standing to the credit of the deposit account referred to in sub-section (2) shall enure to the benefit of Britannia Engineering Company and Arthur Butler and Company. **17. Certain powers of the Central Government or Government company.—(1) The Central** Government or the Government company, as the case may be, shall be entitled to receive, up to the specified date, to the exclusion of all other persons, any money due to Britannia Engineering Company in relation to any of the Mokameh unit, or Arthur Butler and Company in relation to any of the undertakings owned by it, which has vested in the Central Government or the Government company, and realised after the appointed day, notwithstanding that the realisation pertains to a period prior to the appointed day. (2) The Central Government or the Government company, as the case may be, may make a claim to the Commissioner with regard to every payment made by that Government after the appointed day for discharging any liability of Britannia Engineering Company in relation to the Mokameh unit, or of Arthur Butler and Company in relation to any of the undertakings owned by it, in relation to any period prior to the appointed day, and every such claim shall have priority, in accordance with the priorities attaching under this Act, to the matter in relation to which such liability has been discharged by the Central Government or the Government company. (3) Save as otherwise provided in this Act, the liabilities of Britannia Engineering Company in relation to the Mokameh unit, or of Arthur Butler and Company in relation to any of the undertakings owned by it, in respect of any transaction prior to the appointed day, which have not been discharged on or before the specified date, shall be the liabilities of Britannia Engineering Company or Arthur Butler and Company, as the case may be. **18. Claims to be made to the Commissioner.—Every person having a claim against Britannia** Engineering Company in relation to the Mokameh unit, or against Arthur Butler and Company in relation to the undertakings owned by it, shall prefer such claim before the Commissioner within thirty days from the specified date: Provided that if the Commissioner is satisfied that the claimant was prevented by sufficient cause from preferring the claim within the said period of thirty days, he may entertain the claim within a further period of thirty days, but not thereafter. **19. Priority of claims.—The claims arising out of the matters specified in the Second Schedule shall** have priorities in accordance with the following principles, namely:— (a) category I shall have precedence over all categories and category II shall have precedence over category III and so on; (b) the claims specified in each of the categories, except category IV, shall rank equally and be paid in full, but if the amount is insufficient to meet such claims in full, they shall abate in equal proportion and be paid accordingly; (c) the liabilities specified in category IV shall be discharged subject to the priorities specified in this section in accordance with the terms of the secured loan and the priority inter se, of such loans; and (d) the question of discharging any liability with regard to a matter specified in a lower category shall arise only if a surplus is left after meeting all the liabilities specified in the immediately higher category. **20. Examination of claims.—(1) On receipt of the claims made under section 18, the Commissioner** shall arrange the claims in the order or priorities specified in the Second Schedule and examine the same in accordance with such order of priorities. (2) If on an examination of the claim, the Commissioner is of opinion that the amount paid to him under this Act is not sufficient to meet the liabilities specified in any lower category, he shall not be required to examine the claim in respect of such lower category. ----- **21. Admission or rejection of claims.—(1) After examining the claims with reference to the** priorities set out in the Second Schedule, the Commissioner shall fix a date on or before which every claimant shall file the proof of his claim failing which he will be excluded from the benefit of the disbursement made by the Commissioner. (2) Not less than fourteen days’ notice of the date so fixed shall be given by advertisement in one issue of the daily newspaper in the English language having circulation in the major part of the country and one issue of such daily newspaper in the regional language as the Commissioner may consider suitable, and every such notice shall call upon the claimant to file the proof of his claim with the Commissioner within the period specified in the advertisement. (3) Every claimant who fails to file the proof of his claim within the period specified by the Commissioner shall be excluded from the disbursement made by the Commissioner. (4) The Commissioner shall, after such investigation as may, in his opinion, be necessary and after giving Britannia Engineering Company or, as the case may be, Arthur Butler and Company, an opportunity of refuting the claim and after giving the claimant a reasonable opportunity of being heard, in writing, admit or reject the claim in whole or in part. (5) The Commissioner shall have the power to regulate his own procedure in all matters arising out of the discharge of his functions, including the place or places at which he may hold his sitting and shall, for the purpose of making any investigation under this Act, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit, respect of the following matters, namely:— (a) the summoning and enforcing the attendance of any witness and examining him on oath; (b) the discovery and production of any document or other material object producible evidence; (c) the reception of evidence on affidavits; (d) the issuing of any commission for the examination of witnesses. (6) Any investigation before the Commissioner shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860) and the Commissioner 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). (7) A claimant who is dissatisfied with the decision of the Commissioner may prefer an appeal against the decision to the principal court of original jurisdiction within the local limits of whose jurisdiction the Mokameh unit or, as the case may be, the registered office of Arthur Butler and Company is situated: Provided that where a person who is a Judge of a High Court is appointed to be the Commissioner, such appeal shall lie to the High Court of the State in which the registered office of Britannia Engineering Company or, as the case may be, Arthur Butler and Company is situated, and such appeal shall be heard and disposed of by not less than two Judges of that High Court. **22. Disbursement of money by Commissioner.—After admitting the claim under this Act, the** amount due in respect of such claim shall be paid by the Commissioner to the person or persons to whom such sums are due and on such payment the liability of Britannia Engineering Company in relation to the Mokameh unit, or of Arthur Butler and Company in respect of any claim relating to the undertakings owned by it shall stand discharged. **23. Disbursement of amounts to Britannia Engineering Company and Arthur Butler and** **Company.—(1) If out of the monies paid to him in relation to the Mokameh unit or in relation to any** undertaking owned by Arthur Butler and Company there is a balance left after meeting the liabilities as specified in the Second Schedule, the Commissioner shall disburse such balance to Britannia Engineering Company, or as the case may be, to Arthur Butler and Company. ----- (2) Where the possession of any machinery, equipment or other property has vested in the Central Government or the Government company under this Act, but such machinery, equipment or other property does not belong to Britannia Engineering Company or, as the case may be, Arthur Butler and Company, it shall be lawful for the Central Government to continue to possess such machinery or equipment or other property on the same terms and conditions under which they were possessed by Britannia Engineering Company or, as the case may be, Arthur Butler and Company, immediately before the appointed day. **24. Undisbursed or unclaimed amount to be deposited with the General Revenue Account.—** Any money paid to the Commissioner which remains undisbursed or unclaimed for a period of three years from the last date on which the disbursement was made, shall be transferred by the Commissioner to the General Revenue Account of the Central Government; but a claim to any money so transferred may be preferred to the Central Government by the person entitled to such payment and shall be dealt with as if such transfer had not been made, the order, if any, for payment of the claim being treated as an order for the refund of the revenue. CHAPTER VII MISCELLANEOUS **25. Act to have overriding effect.—The provision of this Act shall have effect notwithstanding** anything inconsistent therewith contained in any other law or the time being in force or in any instrument having effect by virtue of any law, other than this Act, or in any decree or order of any court, tribunal or other authority. **26. Contracts to cease to have effect unless ratified by the Central Government or the** **Government company.—(1) Every contract entered into by Britannia Engineering Company in relation** to the Mokameh unit, or Arthur Butler and Company in relation to any of the undertakings owned but it, which has vested in the Central Government under section 3, for any service, sale or supply and in force immediately before the appointed day, shall, on and from the expiry of one hundred and eighty days from the date on which this Act receives the assent of the President, cease to have effect unless such contract is, before the expiry of that period, ratified, in writing, by the Central Government, or the Government company, and in ratifying such contract, the Central Government or the Government company may make such alternation or modification therein as it may think fit: Provided that the Central Government or the Government company shall not omit to ratify contract and shall not make any alternation or modification in a contract unless it is satisfied that such contract is unduly onerous or has been entered into in bad faith or is detrimental to the interests of, the Central Government or the Government company. (2) The Central Government or the Government company shall not omit to ratify a contract, and shall not make any alternation or modification therein, except after giving the parties to the contract a reasonable opportunity of being heard and except after recording in writing its reasons for refusal to ratify the contract or for making any alternation or modification therein. **27. Penalties.—Any person who,—** (a) having in his possession, custody or control any property forming part of the Mokameh unit, or any of the undertakings owned by Arthur Butler and Company, wrongfully withholds such property from the Central Government or the Government company; or (b) wrongfully obtains possession of, or retains, any property forming part of, the Mokameh unit, or any of the undertakings owned by Arthur Butler and Company; or (c) wilfully withholds or fails to furnish to the Central Government or the Government company or any person or body of persons specified by that Government or the Government company, as the case may be, any document relating to the Mokameh unit, or any of the undertakings owned by Arthur Butler and Company, which may be in his possession, custody or control; or ----- (d) fails to deliver to the Central Government or the Government company or any person or body of persons specified by that Government or the Government company, any assets, books of account, registers or other documents in his possession, custody or control relating to the Mokameh unit, or any of the undertakings owned by Arthur Butler and Company; or (e) wrongfully removes or destroys any property forming part of the Mokameh unit, or any of the undertakings owned by Arthur Butler and Company or prefers any claim under this Act which he knows or has reason to believe to be false or grossly inaccurate, shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to ten thousand rupees, or with both. **28. Offences by companies.—(1) Where an offence under this Act has been committed by a** company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1) where any offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer shall 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. **29. Protection of action taken in good faith.—(1) No suit, prosecution or other legal proceeding** shall lie against the Central Government or any officer of that Government or the Government company or other person authorised by that Government or the Government company for anything which is in good faith done or intended to be done under this Act. (2) No suit or other legal proceeding shall lie against the Central Government or any of its officers or other employees or the Government company or any officer or other person authorised by that company 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. **30. Delegation of Powers.—(1) The Central Government may, by notification, direct that all or any** of the powers exercisable by it under this Act, other than the powers conferred by sections 31 and 32, may also be exercised by such person or persons as may be specified in the notification. (2) Whenever any delegation of power is made under sub-section (1), the person to whom such power has been delegated shall act under the direction, control and supervision of the Central Government. **31. Power to make rules.—(1) The Central Government may, by notification, make rules for** carrying 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:— (a) the time within which, and the manner in which, an intimation referred to in sub-section (3) of section 4 shall be given; (b) the manner in which the monies in any provident fund or other fund, referred to in sub-section (2) of section 14 shall be dealt with; ----- (c) any other matter which is required to be, or may be, prescribed. (3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of 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. **32. Power to remove difficulties.—If any difficulty arises in giving effect to the provisions of this** Act, the Central Government may, by order, not inconsistent with the provisions of this Act, remove the difficulty: Provided that no such order shall be made after the expiry of a period of two years from the appointed day. **33. Declaration as to the policy of the State.—It is hereby declared that this Act is for giving effect** to the policy of the State towards securing the principles specified in clause (b) of article 39 of the Constitution, _Explanation—In this section, “State” has the same meaning as in article 12 of the Constitution._ ----- THE FIRST SCHEDULE Amount (Rupees in lakhs) S. No. (See sections 4, 7, 8 and 16) Name of the company 1 The Britannia Engineering Company 152.85 2 Arthur Butler and Company 137.70 ----- THE SECOND SCHEDULE (See sections 19, 20, 21 and 23) ORDER OF PRIORITIES _Category_ _I_ (i) Employees’ dues on account of arrears of tripartite settlement for the period from the 1st day of January, 1957 to the 31st day of May, 1975. (ii) Employees’ dues on account of unpaid salaries, wages, providend fund, Employees’ State Insurance contribution or premium relating to Life Insurance Corporation of India. _Category_ _II_ Secured loans from nationalised banks and secured loans from Industrial Reconstruction Corporation of India for the post-take-over management period. _Category_ _III_ Central Government loans for the post-take-over management period. _Category_ _IV_ Secured loans from nationalised banks and secured loans from financial institutions for the pre-take-over management period. _Category_ _V_ Revenue, taxes, ceases, rates or other dues to Central Government, State Government and local authorities or State Electricity Board for the pre-take-over management period. _Category_ _VI_ Trade and other creditors for the pre-take-over management period. -----

12-Dec-1978

43

The Prize Chits and Money Circulation Schemes (Banning) Act, 1978

https://www.indiacode.nic.in/bitstream/123456789/1628/1/197843.pdf

central

# THE PRIZE CHITS AND MONEY CIRCULATION SCHEMES (BANNING) ACT, 1978 ____________ ARRANGEMENT OF SECTIONS _____________ SECTIONS 1. Short title and extent. 2. Definitions. 3. Banning of prize chits and money circulation schemes or enrolment as members or participation therein. 4. Penalty for contravening the provisions of section 3. 5. Penalty for other offences in connection with prize chits or money circulation schemes. 6. Offences by companies. 7. Power to enter, search and seize. 8. Forfeiture of newspaper and publication containing prize chit or money circulation scheme. 9. Power to try offences. 10. Offences under this Act to be cognizable. 11. Act not to apply to certain prize chits or money circulation schemes. 12. Transitional provisions. 13. Power to make rules. 14. Repeals and saving. 1 ----- # THE PRIZE CHITS AND MONEY CIRCULATION SCHEMES (BANNING) ACT, 1978 ACT NO. 43 OF 1978 [12th December, 1978.] # An Act to ban the promotion or conduct of prize chits and money circulation schemes and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Twenty-ninth Year of the Republic of India as follows:— **1. Short title and extent.—(1) This Act may be called the Prize Chits and Money Circulation** Schemes (Banning) Act, 1978. (2) It extends to the whole of India [1]***. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “conventional chit” means a transaction whether called chit, chit fund, kuri or by any other name by or under which a person responsible for the conduct of the chit enters into an agreement with a specified number of persons that every one of them shall subscribe a certain sum of money (or certain quantity of grain instead) by way of periodical instalments for a definite period and that each such subscriber shall, in his turn, as determined by lot or by auction or by tender or in such other manner as may be provided for in the chit agreement, be entitled to a prize amount. _Explanation.—In this clause “prize amount” shall mean the amount, by whatever name called,_ arrived at by deducting from out of the total amount paid or payable at each instalment by all the subscribers, (i) the commission charged as service charges as a promoter or foreman or an agent; and (ii) any sum which a subscriber agrees to forego, from out of the total subscriptions of each instalment, in consideration of the balance being paid to him; (b) “money” includes a cheque, postal order, demand draft, telegraphic transfer or money order; (c) “money circulation scheme” means any scheme, by whatever name called, for the making of quick or easy money, or for the receipt of any money or valuable thing as the consideration for a promise to pay money, on any event or contingency relative or applicable to the enrolment of members into the scheme, whether or not such money or thing is derived from the entrance money of the members of such scheme or periodical subscriptions; (d) “prescribed” means prescribed by rules made under this Act; (e) “prize chit” includes any transaction or arrangement by whatever name called under which a person collects whether as a promoter, foreman, agent or in any other capacity, monies in one lump sum or in instalments by way of contributions or subscriptions or by sale of units, certificates or other instruments or in any other manner or as membership fees or admission fees or service charges to or in respect of any savings, mutual benefit, thrift, or any other scheme or arrangement by whatever name called, and utilises the monies so collected or any part thereof or the income accruing from investment or other use of such monies for all or any of the following purposes, namely:— (i) giving or awarding periodically or otherwise to a specified number of subscribers as determined by lot, draw or in any other manner, prizes or gifts in cash or in kind, whether or not the recipient of the prize or gift is under a liability to make any further payment in respect of such scheme or arrangement; (ii) refunding to the subscribers or such of them as have not won any prize or gift, the whole or part of the subscriptions, contributions or other monies collected, with or without any bonus, premium, interest or other advantage by whatever name called, on the termination of the scheme or arrangement, or on or after the expiry of the period stipulated therein, but does not include a conventional chit; 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. 31-10-2019). 2 ----- (f) “Reserve Bank” means the Reserve Bank of India constituted under the Reserve Bank of India Act, 1934 (2 of 1934). **3. Banning of prize chits and money circulation schemes or enrolment as members or** **participation therein.—No person shall promote or conduct any prize chit or money circulation scheme,** or enroll as a member to any such chit or scheme, or participate in it otherwise, or receive or remit any money in pursuance of such chit or scheme. **4. Penalty for contravening the provisions of section 3.—Whoever contravenes the provisions of** section 3 shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to five thousand rupees, or with both: 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 year and the fine shall not be less than one thousand rupees. **5. Penalty for other offences in connection with prize chits or money circulation schemes.—** Whoever, with a view to the promotion or conduct of any prize chit or money circulation scheme in contravention of the provisions of this Act or in connection with any chit or scheme promoted or conducted as aforesaid,— (a) prints or publishes any ticket, coupon or other document for use in the prize chit or money circulation scheme; or (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 chit or money circulation scheme; or (c) prints, publishes or distributes, or has in his possession for the purpose of publication or distribution— (i) any advertisement of the prize chit or money circulation scheme; or (ii) any list, whether complete or not, of members in the prize chit or money circulation scheme; or (iii) any such matter descriptive of, or otherwise relating to the prize chit or money circulation scheme, as is calculated to act as an inducement to persons to participate in that prize chit or money circulation scheme or any other prize chit or money circulation scheme; or (d) brings, or invites any person to send, for the purpose of sale or distribution, any ticket, coupon or other document for use in a prize chit or money circulation scheme or any advertisement of such prize chit or money circulation scheme; or (e) uses any premises, or causes or knowingly permits any premises to be used, for purposes connected with the promotion or conduct of the prize chit or money circulation scheme; or (f) causes or procures or attempts to procure any person to do any of the above-mentioned acts, shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to three thousand rupees, or with both: 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 year and the fine shall not be less than one thousand rupees. **6. Offences by companies.—(1) Where an offence under this Act has been committed by a company,** every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. 3 ----- (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. **7. Power to enter, search and seize.—(1) It shall be lawful for any police officer not below the rank** of an officer in charge of a police station,— (a) to enter, if necessary by force, whether by day or night with such assistance 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 chit or money circulation scheme in contravention of the provisions of this Act; (b) to search the said premises and the persons whom he may find therein; (c) to take into custody and produce before any Judicial Magistrate all such persons as are concerned or against whom a complaint has been made or credible information has been received or a reasonable suspicion exists of their having been concerned with the use of the said premises for purposes connected with, or with the promotion or conduct of, any such prize chit or money circulation scheme as aforesaid; (d) to seize all things found in the said premises which are intended to be used, or reasonably suspected to have been used, in connection with any such prize chit or money circulation scheme as aforesaid. (2) Any officer authorised by the State Government in this behalf may— (a) at all reasonable times, enter into and search any premises which he has reason to suspect, are being used for the purposes connected with, or conduct of, any prize chit or money circulation scheme in contravention of the provisions of this Act; (b) examine any person having the control of, or employed in connection with, any such prize chit or money circulation scheme; (c) order the production of any documents, books or records in the possession or power of any person having the control of, or employed in connection with, any such prize chit or money circulation scheme; and (d) inspect and seize any register, books of account, documents or any other literature found in the said premises. (3) All searches under this section shall be made in accordance with the provisions of the Code of Criminal Procedure, 1973 (2 of 1974). **8. Forfeiture of newspaper and publication containing prize chit or money circulation** **scheme.—Where any newspaper or other publication contains any material connected with any prize chit** or money circulation scheme promoted or conducted in contravention of the provisions of his 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 such material or the advertisement to be forfeited to the State Government. **9. Power to try offences.—No court inferior to that of a Chief Metropolitan Magistrate, or as the** case may be, Chief Judicial Magistrate, shall try any offence punishable under this Act. **10. Offences under this Act to be cognizable.—All offences punishable under this Act shall be** cognizable. 4 ----- **11. Act not to apply to certain prize chits or money circulation schemes.—Nothing contained in** this Act shall apply to any prize chit or money circulation scheme promoted by— (a) a State Government or any officer or authority on its behalf; or (b) a company wholly owned by a State Government which does not carry on any business other than the conducting of a prize chit or money circulation scheme whether it is in the nature of a conventional chit or otherwise; or (c) a banking company as defined in clause (c) of section 5 of the Banking Regulation Act, 1949 (10 of 1949), or a banking institution notified by the Central Government under section 51 of that Act or the State Bank of India constituted under section 3 of the State Bank of India Act, 1955 (23 of 1955), or a subsidiary bank constituted under section 3 of the State Bank of India (Subsidiary Banks) Act, 1959 (38 of 1959), or a corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970), or a Regional Rural Bank established under section 3 of the Regional Rural Banks Act, 1976 (21 of 1976), or a co-operative bank as defined in clause (bii) of section 2 of the Reserve Bank of India Act, 1934 (2 of 1934); or (d) any charitable or educational institution notified in this behalf by the State Government, in consultation with the Reserve Bank. **12. Transitional provisions.—(1) Notwithstanding anything contained in this Act, a person** conducting a prize chit or money circulation scheme at the commencement of this Act may continue to conduct such chit or scheme for such period as may be necessary for the winding up of the business relating to such chit or scheme, so however that such period shall not in any case extend beyond a period of two years from such commencement: Provided that the said person shall furnish to the State Government or to such officer as may be authorised by it in this behalf and to such office of the Reserve Bank as may be prescribed in such form and within such period as may be prescribed, full information regarding the chit or scheme along with a winding up plan prepared in accordance with the provisions of any rules that may be made by the State Government in this behalf under this Act: Provided further that if the State Government is satisfied, on an application made by the person conducting the prize chit or money circulation scheme, that the chit or scheme cannot be wound up within the period fixed in the winding up plan furnished to the State Government under the foregoing proviso, it may, in consultation with the Reserve Bank, permit such person to continue to conduct the business relating to the said chit or scheme for such further period as may be considered necessary having regard to the circumstances of the case and the interests of the members of the said chit or scheme. (2) The State Government may, in consultation with the Reserve Bank, approve the winding up plan furnished under sub-section (1) with or without modifications or reject the same and may grant or refuse to grant permission to continue to conduct that chit or scheme: Provided that no such winding up plan shall be modified or rejected without giving an opportunity of being heard to the person who conducts such prize chit or money circulation scheme. (3) If any person fails to furnish full information regarding the said chit or scheme along with its winding up plan in the form and within the period prescribed, he shall forfeit his right to continue the business relating to the said chit or scheme on the expiry of such period. (4) Notwithstanding anything to the contrary contained in any agreement or arrangement entered into between any person conducting any such chit or scheme and the subscriber, the person conducting the chit or scheme shall, within such period as may be prescribed, refund the monies or the subscriptions collected till the date of default referred to in sub-section (3). (5) If any person fails to comply with the provisions of sub-section (4), he shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to three thousand rupees, or with both: 5 ----- 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 year and the fine shall not be less than one thousand rupees. **13. Power to make rules.—(1) The State Government may, by notification in the Official Gazette** and in consultation with the Reserve Bank, make rules for the purpose of 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— (a) the office of the Reserve Bank to whom full information regarding any prize chit or money circulation scheme may be furnished under the first proviso to sub-section (1) of section 12, and the form in which and the period within which such information may be furnished; (b) the particulars relating to the winding up plan of the business relating to prize chits or money circulation schemes. 2[(3) Every rule made under this section shall be laid, as soon as may be after it is made, before the State Legislature.] **14. Repeals and saving.—(1) The Andhra Pradesh Money Circulation Scheme (Prohibition)** Act, 1965 (Andhra Pradesh Act 30 of 1956), as in force in the State of Andhra Pradesh, and in the Union territory of Chandigarh and the Madhya Pradesh Dhan Parichalan Skeem (Pratishedh) Adhiniyam, 1975 (Madhya Pradesh Act 19 of 1975), are hereby repealed. (2) Notwithstanding the repeal of any Act referred to in sub-section (1), anything done or any action taken under the provisions of any such 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. 1. Ins. by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986). 6 -----

17-Mar-1979

05

The Coconut Development Board Act, 1979

https://www.indiacode.nic.in/bitstream/123456789/1745/1/AAA1979___05.pdf

central

# THE COCONUT DEVELOPMENT BOARD ACT, 1979 __________ ARRANGEMENT OF SECTIONS Last updated: 1-9-2021 _________ 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 COCONUT DEVELOPMENT BOARD 4. Establishment and constitution of the Board. 5. Allowances payable to Chairman and members. 6. Resignation of members. 7. Officers of the Board and other staff. 8. Special provision for transfer of employees to the Board. 9. Committees of the Board. 10. Functions of the Board. 11. Dissolution of the Board. CHAPTER III FINANCE, ACCOUNTS AND AUDIT 12. Grants and loans by the Central Government. 13. Constitution of Coconut Development Fund. 14. Borrowing powers of the Board. 15. Accounts and audit. CHAPTER IV CONTROL BY CENTRAL GOVERNMENT 16. Directions by Central Government. 17. Returns and reports. CHAPTER V MISCELLANEOUS 18. Protection of action taken in good faith. 19. Power to make rules. 20. Power to make regulations. 21. Rules and regulations to be laid before Parliament. 1 ----- # THE COCONUT DEVELOPMENT BOARD ACT,1979 ACT NO. 5 OF 1979 [17th March, 1979.] # An Act to provide for the development under the control of the Union of the coconut industry and for matters connected therewith. BE it enacted by Parliament in the Thirtieth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title, extent and commencement.—(1) This Act may be called the Coconut Development** Board Act, 1979. (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 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 coconut industry. **3. Definitions.—In this Act, unless the context otherwise requires,—** (a) “Board” means the Coconut Development Board established under section 4; 2[(b) “Chairman” means the non-executive Chairman of the Board appointed under clause (a) of sub-section (4) of section 4; (ba) “Chief Executive Officer” means the Chief Executive Officer of the Board appointed under sub-section (1) of section 7;] (c) “coconut” means the fruit of coconut palm and includes green coconut, ripe coconut and copra. _Explanation.—“Coconut palm” means the coconut tree, CocosNucifera Linn;_ (d) “coconut industry” does not include— (i) coir industry; or (ii) an industry from which products (including by-products) out of coconut oil are manufactured; (e) “member” means a member of the Board and includes the Chairman; (f) “prescribed” means prescribed by rules made under this Act. CHAPTER II THE COCONUT DEVELOPMENT BOARD **4. Establishment and constitution of the Board.—(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, a Board to be called the Coconut Development Board. (2)The Board shall be a body corporate by the name aforesaid, having perpetual succession and common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall by the said name sue and be sued. 1. 12th January, 1981, vide notification No. G.S.R. 13(E), dated 12th January, 1981, see Gazette of India, Extraordinary, Part II, sec. 3(i). 2. Subs. by Act 22 of 2021, s. 2, for clause (b) (w.e.f. 1-9-2021). 2 ----- (3)The head office of the Board shall be at such place as the Central Government may, by notification in the Official Gazette, specify. (4)The Board shall consist of the following members, namely:— 1[(a) anon-executive Chairman, to be appointed by the Central Government; (aa) the Chief Executive Officer, to be appointed by the Central Government; (ab) the Joint Secretary to the Government of India, in-charge of Mission for Integrated Development of Horticulture, ex officio;] (b)[2][the Horticulture Commissioner] to the Government of India, ex officio; (c)the Director, Central Plantation Crops Research Institute (Indian Council of Agricultural Research), ex officio; (d)the Chairman of the Coir Board constituted under section 4 of the Coir Industry Act, 1953 (45 of 1953),ex officio; (e)three members of Parliament of whom two shall be elected by the House of the People and one by the Council of States; (f)two members to be appointed by the Central Government to represent respectively the Ministries of the Central Government dealing with— (i)Revenue; and 3[(ii)Consumer Affairs;] 4[(g) four members to be appointed by the Central Government one each to represent the Governments of the States of Andhra Pradesh, Karnataka, Kerala and Tamil Nadu, being States where coconut is grown on a large scale; (h) four members to be appointed by the Central Government by rotation in the alphabetical order to represent the States of Assam, Bihar, Chhattisgarh, Goa, Gujarat, Maharashtra, Nagaland, Odisha, Telengana, Tripura, West Bengal and the Union territories of Andaman and Nicobar Islands, Lakshadweep and Puducherry; (i) six members to be appointed by the Central Government, two to represent the coconut growers of the State of Kerala and one each to represent the coconut growers of the States of Andhra Pradesh, Gujarat Karnataka and Tamil Nadu;] (j)one member to be appointed by the Central Government to represent the coconut processing industry; (k)two members to be appointed by the Central Government to represent such other interests connected with the coconut industry as, in the opinion of that Government, ought to be represented: Provided that every appointment under clauses (g) and (h) shall be made on there commendation of the State Government or, as the case may be, of the Union territory concerned. (5)The Board shall elect, from amongst its members, a Vice-Chairman who shall exercise such of the powers and perform such of the functions of the Chairman as may be prescribed or as may be delegated to him by the Chairman. (6)The term of office of the members and the manner of filling vacancies among, and the procedure to be followed in the discharge of their functions by, the members shall be such as may be prescribed. 1. Subs. by Act 22 of 2021, s. 3, for clause (a) (w.e.f. 1-9-2021). 2. Subs. by Act 21 of 1987, s. 2, for “the Agriculture Commissioner” (w.e.f. 5-8-1987). 3. Subs. by Act 22 of 2021, s. 3, for sub-clause (ii) (w.e.f. 1-9-2021). 4. Subs. by s. 3, ibid., for clauses (g), (h) and (i) (w.e.f. 1-9-2021). 3 ----- (7)Any officer of the Central Government, not being a member of the Board, when deputed by that Government in this behalf, shall have the right to attend the meetings of the Board and take part in the proceedings thereof but shall not be entitled to vote. (8)The Board may associate with itself in such manner, subject to such conditions and for such purposes as may be prescribed, any person whose assistance or advice it may desire in complying with any of the provisions of this Act and a person so associated shall have the right to take part in the discussions of the Board 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 fixed by the Central Government. (9)No act or proceeding of the Board or any committee appointed by it under section9 shall be invalidated merely by reason of— (a)any vacancy in, or any defect in the constitution of, the Board or such committee; or (b)any defect in the appointment of a person acting as a member of the Board or such committee; or (c)any irregularity in the procedure of the Board or such committee not affecting the merits of the case. (10)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 (including the quorum at meetings) as may be provided by regulations made by the Board under this Act. **1[5. Allowances payable to Chairman and members.—The Chairman and members of the Board** shall receive such allowances as may be fixed by the Central Government.] **6. Resignation of members.—A member, other than an ex officio member, may resign his office by** giving notice thereof in writing to the Central Government and on such resignation being accepted, he shall be deemed to have vacated his office. **7.** **Officers of the Board and other staff.—[2][(1) There shall be a Chief Executive Officer of the** Board, not below the rank of Joint Secretary to the Government of India, to be appointed by the Central Government. (1A) The Chief Executive Officer shall exercise such powers and perform such duties as may be prescribed. (1B) The salaries and allowances payable to, and other conditions of service of, the Chief Executive Officer shall be such as may be prescribed.] (2) The Central Government shall appoint a Chief Coconut Development Officer to exercise such powers and perform such duties as may be prescribed or as may be delegated to him by the [3][Chief Executive Officer]. (3) The Chief Coconut Development Officer appointed under sub-section (2) shall have the right to attend the meetings of the Board and its committees appointed under section 9 and take part in the proceedings thereof but shall not be entitled to vote. (4) The Central Government shall 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][or the Chief Executive Officer]. (5) [5][The Chief Executive Officer, the Chief Coconut Development Officer] and the Secretary 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. 1. Subs. by Act 22 of 2021, s. 4, for section 5 (w.e.f. 1-9-2021). 2. Subs. by s. 5, ibid., for sub-section (1) (w.e.f. 1-9-2021). 3. Subs. by s. 5, ibid., for “Chairman” (w.e.f. 1-9-2021). 4. Ins. by s. 5, ibid. (w.e.f. 1-9-2021). 5. Subs. by s. 5, ibid., for “The Chief Coconut Development Officer” (w.e.f. 1-9-2021). 4 ----- (6) 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 the method of appointment, the conditions of service and the scales of pay and allowances of such other officers and employees of the Board shall be such as may be provided by the Board by regulations made under this Act. (7) [1][The Chief Executive Officer], the Chief Coconut Development Officer, the 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. **8.** **Special provision for transfer of employees to the Board.—(1) On the establishment of the** Board, it shall be lawful for the Central Government to transfer to the Board, by order, and with effect from such date or dates as may be specified in the order, any officer or other employee holding office as such in the Directorate of Coconut Development immediately before the date on which the Board is established: Provided that the scale of pay of the post to which such officer or other employee is transferred shall not be lower than the scale of pay of the post he was holding immediately before such transfer and the other terms and conditions of service (including pension, leave, provident fund and medical benefits) of the post to which he is transferred shall not be less favourable than the terms and conditions of service in relation to the post held by him immediately before such transfer: Provided further that if, immediately before the date of his transfer, any such officer or other employee is officiating in a higher post under the Central Government either in a leave vacancy or in any vacancy of specified duration, his pay and other allowances, if any, on transfer, shall be protected for the unexpired period of such vacancy and thereafter he shall be entitled to the scale of pay applicable to the post under the Central Government to which he would have reverted. (2) Before any order is issued under sub-section (1), all officers and other employees of the Directorate of Coconut Development shall be give an option in such forms as may be prescribed, and within such time as may be specified in that behalf by the Central Government, to express their willingness or otherwise to become employees of the Board and such option once exercised shall be final: Provided that no order under sub-section (1) shall be made in relation to any officer or other employee of the Directorate of Coconut Development who has intimated his intention of not becoming an employee of the Board within the time specified in that behalf: Provided further that such of the persons employed by the Central Government in the said Directorate, who do not express, within the time specified in that behalf, their intention of becoming the employees of the Board, shall be dealt with in the same manner and in accordance with the same rules as would apply to the employees of the Central Government in the event of the reduction of the strength of the Department in which such persons have been employed. (3) An officer or other employee transferred by an order made under sub-section (1) shall, on and from the date of transfer, cease to be an employee of the Central Government and become an officer or other employee of the Board with such designation as the Board may determine and shall, subject to the provisions of the first and second provisos to sub-section (1), be governed by the regulations made by the Board under this Act in respect of remuneration and other conditions of service (including pension, leave, provident fund and medical benefits) and shall continue to be an officer or other employee of the Board unless and until his employment is duly terminated by the Board: Provided that till such time as the regulations referred to above governing the conditions of service of its officers or other employees are framed by the Board, the relevant rules and orders framed by the Central Government shall continue to be applicable to such officers or other employees. (4) If a question arises whether the terms and conditions of service prescribed in the regulations framed by the Board in respect of any matter, including remuneration, pension, leave, provident fund and medical benefits, are less favourable than those attached to the post held by an officer or other employee 1. Subs. by Act 22 of 2021, s. 5, for “the Chairman” (w.e.f. 1-9-2021). 5 ----- immediately before his transfer to the Board, the decision of the Central Government in the matter shall be final. **9. Committees of the Board.—(1) The Board may appoint such committees as may be necessary for** the efficient discharge of its duties and performance of its functions under this Act. (2) The Board shall have the power to co-opt as members of any committee appointed under sub section (1) such number of persons who are not members of the Board as it may think fit and the persons so co-opted shall have the right to attend meetings of the committee and take part in its proceedings but shall not have the right to vote. (3) The persons co-opted as member of a committee under sub-section (2) shall be entitled to receive such allowances or fees for attending meetings of the committee as may be fixed by 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 coconut industry. (2) Without prejudice to the generality of the provisions of sub-section (1), the measures referred to therein may provide for— (a) adopting measures for the development of coconut industry so that farmers, particularly small farmers, may become participants in, and beneficiaries of, the development and growth of coconut industry; (b) recommending measures for improving the marketing of coconut and its products [1][within or outside India]; (c) imparting technical advice to any person who is engaged in the cultivation of coconut or the processing or marketing of coconut and its products; (d) providing financial or other assistance for the development of high yielding coconut hybrids, adoption of improved methods of cultivation of coconut, modern technology for processing of coconut and extension of areas under coconut cultivation (including replanting) with a view to improving the growth of coconut industry; (e) adopting such measures as may be practicable for assisting coconut growers to get incentive prices including recommending as and when necessary, minimum and maximum prices for coconut and its products; (f) recommending measures for regulating import and export of coconut and its products; (g) collecting statistics from growers of coconut, dealers in coconut, manufacturers of coconut products and such other persons and institutions as may be prescribed, on any matter relating to coconut industry and publishing the statistics so collected or portions thereof or extracts therefrom; (h) fixing grades, specifications and standards for coconut and its products; (i) financing suitable schemes in consultation with the Central Government and the Governments of the States where coconut is grown [2]***, so as to increase the production of coconut and to improve its quality and yield; and for this purpose evolving schemes for award of prizes or grant of incentives to growers of coconut and the manufacturers of its products and for providing marketing facilities for coconut and its products; (j) assisting, encouraging, promoting or financing agricultural, technological, industrial or economic research on coconut and its products in such manner as the Board may deem fit by making use of available institutions; (k) undertaking such publicity and publishing such periodicals, books or bulletins, on the research and development of coconut and its products, as may be found necessary; 1. Subs. by Act 22 of 2021, s. 6, for “in India” (w.e.f. 1-9-2021). 2. The words “on a large scale” omitted by s. 6, ibid. (w.e.f. 1-9-2021). 6 ----- (l) setting up of regional offices and other agencies for the promotion and development of production, grading and marketing of coconut and its products in coconut growing States and Union territories for the efficient discharge of the functions and objectives of the Board; (m) such other measures as may, having regard to the purposes of this Act, be prescribed by the Central Government in consultation with the Governments of the States where coconut is grown on a large scale; (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 and for reasons to be specified therein, direct that the Board shall be dissolved from such date and for such period as may be specified in the notification: Provided that before issuing any such notification, the Central Government shall give a reasonable opportunity to the Board to make representations against the proposed dissolution and shall consider the representations, if any, of the Board. (2) When the Board is dissolved under the provisions of sub-section (1)— (a) all members, notwithstanding that their term of office has not expired, shall, from the date of dissolution, vacate their offices as such member; (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 and their remuneration shall be such as may be prescribed; (c) all funds and other properties 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 FINANCE, ACCOUNTS AND AUDIT **12.** **Grants and loans by the Central Government.—The Central Government may, after due** appropriation made my Parliament by law in this behalf, pay to the Board by way of grants or loans such sums of money as the Central Government may think fit for being utilised for the purposes of this Act. **13. Constitution of Coconut Development Fund.—(1) There shall be formed a Fund to be called** the Coconut Development Fund and there shall be credited thereto— 1* * * * * (b) any grants or loans granted by the Central Government for the purposes of this Act; (c) any grants or loans that may be made by any person for the purposes of this Act including loans under section 14; (d) any grants or donations from State Governments, voluntary organisations or other institutions: Provided that no such grant, loan or donation shall be credited to the Fund except with prior approval of the Central Government. (2) The Fund shall be applied— (a) for meeting the cost of the measures referred to in section 10; (b) for meeting the salaries, allowances and other remuneration of the members, officers and other employees, as the case may be, of the Board; 1. Clause (a) omitted by Act 4 of 1987, s. 10 (w.e.f. 21-3-1987). 7 ----- (c) for meeting the other administrative expenses of the Board and any other expenses authorised by or under this Act; (d) for repayment of any loans. **14. Borrowing powers of the Board.—(1) The Board may, for the purposes of carrying out its** functions under this Act, and with the previous approval of, and subject to the directions of the Central Government, borrow money from— (a) the public by the issue or sale of bonds or debentures or both, carrying interest at such rates as may be specified therein; (b) any bank or other institution; (c) such other authority, organisation or institution as may be approved by the Central Government in this behalf. (2) The Central Government may guarantee the repayment of the monies borrowed by the Board under sub-section (1) and the payment of interest thereon and other incidental charges. **15. Accounts and audit.—(1) The Board shall maintain proper accounts and other relevant records** and prepare an annual statement of accounts, in such form as may be prescribed by the Central Government in consultation with the Controller and Auditor-General of India. (2) The accounts of the Board shall be audited by the Controller and Auditor-General of India at such intervals as may be specified by his 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 generally has in connection with the audit of the Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the 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 IV CONTROL BY CENTRAL GOVERNMENT **16. Directions by Central Government.—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. **17. Returns and reports.—(1) The Board 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 the coconut industry, as the Central Government may, from time to time, require. (2) The Board shall furnish a programme of its activities for each financial year to the Central Government for their information and directions, if any. (3) Without prejudice to the provisions of sub-section (1), the Board 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 programmes during the previous financial year. (4) A copy of the report received under sub-section (3) shall be laid, as soon as may be, after it is received, before each House of Parliament. 8 ----- CHAPTER V MISCELLANEOUS **18. Protection of action taken in good faith.—No suit, prosecution or other legal proceedings shall** lie against the Central Government, or the Board or any committee appointed by it, or any member of the Board or such committee, or any officer or other employee of the Central Government or of the Board or any other person authorised by the Central Government or the Board, for anything which is in good faith done or intended to be done under this Act or the rules made thereunder. **19. 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) 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 powers which may be exercised and functions which may be performed by the Vice Chairman of the Board under sub-section (5) of section 4; (b) the term of office of the members, the manner of filling vacancies among, and the procedure to be followed in the discharge of their functions by, the members, under sub-section (6) of section 4; (c) the manner in which and the purposes for which any person may be associated by the Board under sub-section (8) of section 4; 1[(d) the powers to be exercised and the duties to be performed by the Chief Executive Officer under sub-section (1A) of section 7; (da) the salaries and allowances payable to, and other conditions of service of, the Chief Executive Officer under sub-section (1B) of section 7;] (e) the powers which may be exercised and the duties which may be performed by the Chief Coconut Development Officer of the Board under sub-section (2) of section 7; (f) the powers which may be exercised and the duties which may be performed by the Secretary of the Board under sub-section (4) of section 7; (g) the control and restrictions subject which officers and other employees may be appointed by the Board under sub-section (6) of section 7; (h) the form in which option may be given by the officers and other employees of the Directorate of Coconut Development under sub-section (2) of section 8; (i) the collection of statistics in respect of any matter relating to coconut industry under clause (g) of sub-section (2) of section 10; (j) the matters in respect of which the Board may undertake measures in the discharge of its functions under clause(m) of sub-section (2) of section 10; (k) the remuneration and other allowances payable to the person or persons referred to in clause (b) of sub-section (2) of section 11; (l) the form in which the accounts of the Board shall be maintained under sub-section (1) of section 15; (m) the form and manner in which and the time at which the Board may furnish returns and reports to the Central Government under sub-section (1) of section 17; (n) the form in which and the date before which the Board shall furnish to the Central Government the report of its activities and programmes under sub-section (3) of section 17; (o) any other matter which has to be, or may be, prescribed by rules under this Act. **20. Power to make regulations.—(1) The Board may, with the previous sanction of the Central** Government, by notification in the Official Gazette, make regulations not inconsistent with the provisions 1. Subs. by Act 22 of 2021, s. 7, for clause (d) (w.e.f. 1-9-2021). 9 ----- of this Act and the rules made thereunder, to provide for all matters for which provision is necessary or expedient for the purposes of giving effect to the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing powers, such regulations may provide for all or any of the following matters, namely:— (a) the times and places at which meetings of the Board or any committee thereof, shall be held and the procedure to be followed thereat, and the number of members which shall form a quorum at a meeting under sub-section (10) of section 4; (b) the method of appointment, the conditions of service and the scales of pay and allowances of any of the officers and other employees of the Board under sub-section(6) of section 7; (c) generally, for the efficient conduct of the affairs of the Board. (3) The Central Government may, by notification in the Official Gazette, modify or rescind any regulation sanctioned by it and the regulation so modified or rescinded shall have effect only in such modified form or be of no effect, as the case may be; so however, that any such modification or rescission shall be without prejudice to the validity of anything done under the regulation before its modification or rescission. **21. 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, as the case may be, or both Houses agree that the rule or regulation, as the case may be, 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. 10 -----

20-May-1979

24

The Union Duties of Excise (Distribution) Act, 1979

https://www.indiacode.nic.in/bitstream/123456789/1749/2/A1979-24.pdf

central

# THE UNION DUTIES OF EXCISE (DISTRIBUTION) ACT, 1979 _______ ARRANGEMENT OF SECTIONS ______ SECTIONS 1. Short title and commencement. 2. Definition. 3. Payment to States of sums equivalent to a part of the net proceeds of Union duties of excise and distribution of sums among them. 4. Payment to be charged on the Consolidated Fund of India. 5. Power to make rules. 6. Repeal. 1 ----- # THE UNION DUTIES OF EXCISE (DISTRIBUTION) ACT, 1979 # ACT NO. 24 OF 1979 [20th May, 1979.] # An Act to provide for the payment out of the Consolidated Fund of India of sums equivalent to a part of the net proceeds of certain Union duties of excise to the States to which the law imposing the duty extends and for the distribution of those sums among those States in accordance with the principles recommended by the Finance Commission in its[1][report dated the 25th day of November, 1994]. BE it enacted by Parliament in the Thirtieth Year of the Republic of India as follows:— **1. Short title and commencement.—(1) This Act may be called the Union Duties of Excise** (Distribution) Act, 1979. (2) It shall be deemed to have come into force on the 1st day of April, 1979. 2[2. Definition.—In this Act, the expression “distributable Union duties of excise” means 3[forty seven and a half per cent.] of the net proceeds of Union duties of excise, levied and collected under the Central Excises and Salt Act, 1944 (1 of 1944) and any other law for the levy and collection of such duty, unless the law earmarks the proceeds of the duty for any special purpose. _Explanation.—The expression “net proceeds” has the same meaning as in clause (1) of article 279 of_ the Constitution. 4[3.Payment to States of sums equivalent to a part of the net proceeds of Union duties of excise **and distribution of sums among them.—During the financial year commencing on the 1stday of** April, 1995,and each of the four succeeding financial years, there shall be paid, out of the Consolidated Fund of India, to the States, sums equivalent to the distributable Union duties of excise levied and collected in that year and,— (a)sixteen-nineteenth of the sums so payable during each such financial year shall be distributed to each of the States specified in column (1)of Table I below in such percentage as is set out against it in column (2)thereof; and (b)three-nineteenth of the sums so payable during each such financial year shallbe distributed to each of the States specified in column (1)of Table II below in such percentage as is set out against it in column (2)thereof with respect to that financial year:— TABLEI State Percentage (1) (2) Andhra Pradesh . . . . . . . . . 8.465 Arunachal Pradesh . . . . . . . . . 0.170 Assam . . . . . . . . . 2.784 Bihar . . . . . . . . . 12.861 Goa . . . . . . . . . 0.180 Gujarat . . . . . . . . . 4.046 1. Subs. by Act 31 of 1995, s. 2, for “second report dated the 18th day of December, 1989” (w.e.f. 1-4-1995). 2. Subs. by Act 17 of 1989, s. 3, for sections 2 and 3 (w.e.f. 1-4-1989). 3. Subs. by Act 31 of 1995, s. 3, for “forty-five per cent.” (w.e.f. 1-4-1995). 4. Subs. by s. 4, ibid., for section 3 (w.e.f. 1-4-1995). 2 ----- (1) (2) Haryana . . . . . . . . . 1.238 Himachal Pradesh . . . . . . . . . 0.704 Jammu and Kashmir . . . . . . . . . 1.097 Karnataka . . . . . . . . . 5.339 Kerala . . . . . . . . . 3.875 Madhya Pradesh . . . . . . . . . 8.290 Maharashtra . . . . . . . . . 6.126 Manipur . . . . . . . . . 0.282 Meghalaya . . . . . . . . . 0.283 Mizoram . . . . . . . . . 0.149 Nagaland . . . . . . . . . 0.181 Orissa . . . . . . . . . 4.495 Punjab . . . . . . . . . 1.461 Rajasthan . . . . . . . . . 5.551 Sikkim . . . . . . . . . 0.126 Tamil Nadu . . . . . . . . . 6.637 Tripura . . . . . . . . . 0.378 Uttar Pradesh . . . . . . . . . 17.811 West Bengal . . . . . . . . . 7.471 TABLEII State Financial year and percentage (1) (2) 1995-96 1996-97 1997-98 1998-99 1999-2000 Andhra Pradesh 12.069 7.988 0.000 0.000 0.000 Arunachal Pradesh 3.410 4.300 5.871 6.224 6.667 Assam 8.543 9.836 11.849 10.748 9.290 Bihar 6.434 2.965 0.000 0.000 0.000 Goa 0.973 1.058 1.161 0.917 0.604 Himachal Pradesh 8.816 10.744 14.057 14.230 14.338 Jammu and Kashmir 13.366 16.491 21.985 22.741 23.700 Manipur 3.930 4.891 6.602 6.917 7.348 Meghalaya 3.590 4.403 5.815 5.994 6.130 Mizoram 3.676 4.628 6.278 6.784 7.074 3 ----- (1) (2) Nagaland 5.818 7.417 10.247 11.072 12.025 Orissa 4.815 5.248 4.934 2.773 0.680 Rajasthan 0.835 0.000 0.000 0.000 0.000 Sikkim 1.199 1.473 1.938 1.982 2.055 Tripura 5.465 6.807 9.263 9.618 10.089 Uttar Pradesh 17.061 11.751 0.000 0.000 0.000.]] **4. Payment to be charged on the Consolidated Fund of India.—The expenditure on the payments** in pursuance of section 3 shall be charged on the Consolidated Fund of India. **5. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette,** make rules providing for the time at which and the manner in which, any payments under this Act are to be made, for the making of adjustments between one financial year andanother and for any other incidental or ancillary matters. (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 of annulment shall be without prejudice to the validity of anything previously done under that rule. **6. Repeal.—The Union Duties of Excise (Distribution) Act, 1962 (3 of 1962), shall, as from the** 1st day of April, 1979 stand repealed. 4 -----

11-Jun-1979

30

The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979

https://www.indiacode.nic.in/bitstream/123456789/1750/1/197930.pdf

central

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

11-Jun-1979

31

The Haryana and Uttar Pradesh (Alteration of Boundaries) Act, 1979

https://www.indiacode.nic.in/bitstream/123456789/1751/1/197931.pdf

central

# THE HARYANA AND UTTAR PRADESH (ALTERATION OF BOUNDARIES) ACT, 1979 SECTIONS 1. Short title. 2. Definitions. _________ # ARRANGEMENT OF SECTIONS __________ PART I PRELIMINARY PART II ALTERATION OF BOUNDARIES 3. Replacement of fluctuating boundaries by fixed boundaries. 4. Transfer of territories. 5. Amendment of First Schedule to the Constitution. PART III REPRESENTATION IN THE LEGISLATURES 6. Construction of delimitation orders. 7. Provision as to sitting members. PART IV HIGH COURTS 8. Extension of jurisdiction of, and transfer of proceedings to, High Court of Punjab and Haryana. 9. Extension of jurisdiction of, and transfer of proceedings to, High Court at Allahabad. 10. Right to appear in any proceedings transferred under section 8 or section 9. 11. Interpretation. PART V AUTHORISATION OF EXPENDITURE 12. Appropriation of moneys for expenditure in transferred territories under existing appropriation Acts. 13. Reports relating to accounts of Haryana and Uttar Pradesh. PART VI APPORTIONMENT OF ASSETS AND LIABILITIES 14. Land and goods. 15. Arrears of taxes. 16. Right to recover loans and advances. 17. Refund of taxes collected in excess. 18. Deposits. 19. Contracts. 20. Liability in respect of actionable wrong. 21. Liability as guarantor of co-operative societies. 22. Items in suspense. 23. Apportionment of assets or liabilities by agreement. 24. Power of Central Government to order allocation or adjustment in certain cases. 25. Expenditure to be charged on the Consolidated Fund. PART VII LEGAL AND MISCELLANEOUS PROVISIONS 26. State Financial Corporations and State Electricity Boards. 27. Territorial extent of laws. 28. Power to adapt laws. ----- SECTIONS 29. Power to construe laws. 30. Legal proceedings. 31. Transfer of pending proceedings. 32. Construction of boundary pillars, etc. 33. Validity of demarcation done before commencement of Act. 34. Effect of provisions inconsistent with other laws. 35. Power to remove difficulties. 36. Power to make rules. THE SCHEDULE. ----- # THE HARYANA AND UTTAR PRADESH (ALTERATION OF BOUNDARIES) ACT, 1979 # ACT NO. 31 OF 1979 [11th June, 1979.] # An Act to provide for the alteration of boundaries of the States of Haryana and Uttar Pradesh and for matters connected therewith. BE it enacted by Parliament in the Thirtieth Year of the Republic of India as follows:— PART I PRELIMINARY **1. Short title.—This Act may be called the Haryana and Uttar Pradesh (Alteration of Boundaries)** Act, 1979. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “appointed day” means the day which the Central Government may, by notification in the Official Gazette, appoint; (b) “assembly constituency”, “council constituency” and “parliamentary constituency” have the same meanings as in the Representation of the People Act, 1950 (43 of 1950); (c) “fixed boundaries” means the boundaries demarcated under the provisions of section 3; (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 Haryana or Uttar Pradesh; (e) “notified order” means an order published in the Official Gazette; (f) “prescribed” means prescribed by rules made under this Act; (g) “present deep stream line” means the deep stream line of the river-Yamuna as verified and determined by the Survey of India during the months of November, 1974, December, 1974, January, 1975 and February, 1975; (h) “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; (i) “transferred territories” means,— (a) in relation to the State of Haryana, the territories transferred by this Act from that State to the State of Uttar Pradesh, and (b) in relation to the State of Uttar Pradesh, the territories transferred by this Act from that State to the State of Haryana; (j) any reference to a district of a State shall be construed as a reference to the area physically comprised within that district immediately before the appointed day. PART II ALTERATION OF BOUNDARIES **3. Replacement of fluctuating boundaries by fixed boundaries.—(1) As from the appointed day,** the boundary between the Karnal and Sonepat districts of the State of Haryana and the Saharanpur, Muzaffarnagar and Meerut districts of the State of Uttar Pradesh and the boundary between the Gurgaon district of the State of Haryana and the Bulandshahr and Aligarh districts of the State of Uttar Pradesh which at present is the deep stream of the river-Yamuna, shall be altered to and replaced by fixed boundaries. ----- (2) The said fixed boundaries shall be demarcated by an authority appointed in this behalf by the Central Government so as to be generally in conformity with the fixed boundaries described in the Schedule. (3) For the purposes of such demarcation,— (a) the decision of the said authority on any matter relating to the interpretation of any part of the description of the fixed boundary given in the Schedule shall be final; (b) the said authority shall have power to determine the location of the points at which the boundary pillars shall be constructed and to specify the State Government which shall be responsible for the construction and maintenance of the boundary pillars at such points according to such specifications as that authority may indicate (the pillars of the same specifications being apportioned, as far as practicable, equally between the two State Governments), the decision of the said authority in regard to these matters being final; (c) it shall be lawful for the said authority and for any person specified by such authority to enter upon and survey any area in the vicinity of any of the fixed boundaries described in the Schedule and to do all other acts as may be necessary. (4) The authority referred to in sub-section (2) shall also prepare maps of the areas on both sides of the fixed boundaries and in the vicinity thereof showing— (a) the present deep stream line and the fixed boundary in relation to it; and (b) the names and boundaries of the villages on both sides of the fixed boundary as indicated by the State Government concerned with reference to the revenue records of that Government, and send authenticated copies thereof to the Central Government and to the State Governments of Haryana and Uttar Pradesh. **4. Transfer of territories.—(1) As from the appointed day,—** (a) there shall be added to the State of Haryana all the territories of the State of Uttar Pradesh which lie on the Haryana side of the fixed boundaries, and the said territories shall thereupon cease to form part of the State of Uttar Pradesh; and (b) there shall be added to the State of Uttar Pradesh all the territories of the State of Haryana which lie on the Uttar Pradesh side of the fixed boundaries, and the said territories shall thereupon cease to form part of the State of Haryana. (2) Each of the State Governments of Haryana and Uttar Pradesh shall, by order in the Official Gazette of the State, provide for the administration, as from the appointed day, of the territories transferred to that State under sub-section (1) by including them or any part of them in such district, sub-division, police-station or other administrative unit as may be specified in the order. **5. Amendment of First Schedule to the Constitution.—As from the appointed day, in the First** Schedule to the Constitution, under the heading “I. THE STATES”— (a) for the entry against “13. Uttar Pradesh”, the following shall be substituted, namely:— “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, the territories specified in clause (b) of sub-section (1) of section 3 of the Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968 (24 of 1968) and the territories specified in clause (b) of sub-section (1) of section 4 of the Haryana and Uttar Pradesh (Alteration of Boundaries) Act, 1979, but excluding the territories specified in clause (a) of sub-section (1) of section 3 of the Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968, and the territories specified in clause (a) of sub-section (1) of section 4 of the Haryana and Uttar Pradesh (Alteration of Boundaries) Act, 1979 (31 of 1979).”; ----- (b) for the entry against “17. Haryana”, the following shall be substituted, namely:— “The territories specified in sub-section (1) of section 3 of the Punjab Reorganisation Act, 1966 and the territories specified in clause (a) of sub-section (1) of section 4 of the Haryana and Uttar Pradesh (Alteration of Boundaries) Act, 1979 (31 of 1979), but excluding the territories specified in clause (b) of sub-section (1) of section 4 of that Act.”. PART III REPRESENTATION IN THE LEGISLATURES **6. Construction of delimitation orders.—As from the appointed day, any reference in any order** relating to delimitation of parliamentary constituencies, assembly constituencies or council constituencies— (a) (i) to the State of Haryana, shall be construed as including the territories transferred to that State from the State of Uttar Pradesh under clause (a) of sub-section (1) of section 4, but excluding the territories transferred from the State of Haryana to the State of Uttar Pradesh under clause (b) of that sub-section; (ii) to any district, sub-division, police-station or other administrative unit in the State of Haryana, shall be construed as including that part of the territories, if any, transferred to that State, which is included in that district, sub-division, police station or other administrative unit by order made under sub-section (2) of section 4; (b) (i) to the State of Uttar Pradesh, shall be construed as including the territories transferred to that State from the State of Haryana under clause (b) of sub-section (1) of section 4, but excluding the territories transferred from the State of Uttar Pradesh to the State of Haryana under clause (a) of that sub-section; (ii) to any district, sub-division, police-station or other administrative unit in the State of Uttar Pradesh, shall be construed as including that part of the territories, if any, transferred to that State, which is included in that district, sub-division, police-station or other administrative unit by order made under sub-section (2) of section 4. **7. Provision as to sitting members.—(1) Every sitting member of the House of the People** representing any parliamentary constituency the extent of which has been altered by virtue of the provisions of this Act shall, notwithstanding such alteration, be deemed, as from the appointed day, to have been elected to that House by that constituency as so altered. (2) Every sitting member of the Legislative Assembly of the State of Haryana or Uttar Pradesh representing any assembly constituency the extent of which has been altered by virtue of the provisions of this Act shall, notwithstanding such alteration, be deemed, as from the appointed day, to have been elected to the said Legislative Assembly by that constituency as so altered. (3) Every sitting member of the Legislative Council of the State of Uttar Pradesh representing any council constituency the extent of which has been altered by virtue of the provisions of this Act shall, notwithstanding such alteration, be deemed, as from the appointed day, to have been elected to the said Legislative Council by that constituency as so altered. PART IV HIGH COURTS **8. Extension of jurisdiction of, and transfer of proceedings to, High Court of Punjab and** **Haryana.—(1) Except as hereinafter provided—** (a) the jurisdiction of the High Court of Punjab and Haryana shall, as from the appointed day, extend to the territories transferred by this Act from the State of Uttar Pradesh to the State of Haryana; and (b) the High Court of Judicature at Allahabad shall, as from that day, have no jurisdiction in respect of the said territories. ----- (2) Such proceedings pending in the High Court of Judicature at Allahabad 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 Punjab and Haryana shall, as soon as may be after such certification, be transferred to the High Court of Punjab and Haryana. (3) Notwithstanding anything contained in sub-sections (1) and (2), but save as hereinafter provided, the High Court of Judicature at Allahabad shall have, and the High Court of Punjab and Haryana 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 Judicature at Allahabad before the appointed day: Provided that if, after such proceedings have been entertained by the High Court of Judicature at Allahabad, it appears to the Chief Justice of that High Court that they ought to be transferred to the High Court of Punjab and Haryana, 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 of Judicature at Allahabad— (a) before the appointed day in any proceedings transferred to the High Court of Punjab and Haryana by virtue of sub-section (2), or (b) in any proceedings with respect to which the High Court of Judicature at Allahabad retains jurisdiction by virtue of sub-section (3), shall, for all purposes, have effect not only as an order of the High Court of Judicature at Allahabad, but also as an order made by the High Court of Punjab and Haryana. (5) Subject to any rule made or direction given by the High Court of Punjab and Haryana, any such person who immediately before the appointed day is an advocate entitled to practise in the High Court of Judicature at Allahabad as may be specified in this behalf by the Chief Justice of the High Court of Punjab and Haryana having regard to the transfer of territories from the State of Uttar Pradesh to the State of Haryana, shall be recognised as an advocate entitled to practise in the High Court of Punjab and Haryana. **9. Extension of jurisdiction of, and transfer of proceedings to, High Court at** **Allahabad.—(1) Except as hereinafter provided—** (a) the jurisdiction of the High Court of Judicature at Allahabad shall, as from the appointed day, extend to the territories transferred by this Act from the State of Haryana to the State of Uttar Pradesh; and (b) the High Court of Punjab and Haryana shall, as from that day, have no jurisdiction in respect of the said territories. (2) Such proceedings pending in the High Court of Punjab and Haryana 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 Judicature at Allahabad shall, as soon as may be after such certification, be transferred to the High Court of Judicature at Allahabad. (3) Notwithstanding anything contained in sub-sections (1) and (2), but save as hereinafter provided, the High Court of Punjab and Haryana shall have, and the High Court of Judicature at Allahabad 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 Punjab and Haryana before the appointed day: Provided that if, after such proceedings have been entertained by the High Court of Punjab and Haryana, it appears to the Chief Justice of that High Court that they ought to be transferred to the High Court of Judicature at Allahabad, 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 of Punjab and Haryana— (a) before the appointed day in any proceedings transferred to the High Court of Judicature at Allahabad by virtue of sub-section (2); or (b) in any proceedings with respect to which the High Court of Punjab and Haryana retains jurisdiction by virtue of sub-section (3), shall, for all purposes, have effect not only as an order of the High Court of Punjab and Haryana, but also as an order made by the High Court of Judicature at Allahabad. (5) Subject to any rule made or direction given by the High Court of Judicature at Allahabad, any such person who immediately before the appointed day is an advocate entitled to practise in the High Court of Punjab and Haryana as may be specified in this behalf by the Chief Justice of the High Court of Judicature at Allahabad having regard to the transfer of territories from the State of Haryana to the State of Uttar Pradesh shall be recognised as an advocate entitled to practise in the High Court of Judicature at Allahabad. **10. Right to appear in any proceedings transferred under section 8 or section 9.—Any person** who immediately before the appointed day is an advocate entitled to practise in the High Court of Punjab and Haryana or the High Court of Judicature at Allahabad and was authorised to appear in any proceedings transferred under section 8 or section 9 shall have the right to appear in the High Court to which the proceedings have been transferred in relation to those proceedings. **11. Interpretation.—For the purposes of sections 8 and 9,—** (a) proceedings shall be deemed to be pending in the High Court of Punjab and Haryana or the High Court of Judicature at Allahabad until that Court has disposed of all issues between the parties, including any issue with respect to the taxation of the costs of the proceedings and shall include appeals, applications for leave to appeal to the Supreme Court, applications for review, petitions for revision and petitions for writs; (b) references to the High Court of Punjab and Haryana or the High Court of Judicature at Allahabad 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 **12. 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** Haryana or Uttar Pradesh before that day for the appropriation of any moneys out of the Consolidated Fund of the State to meet any expenditure in respect of any part of the financial year in which the appointed day falls shall have effect also in relation to the territories transferred to that State by the provisions of Part II and it shall be lawful for the State Government to spend any amount on any service in those territories out of the amount authorised by such Act to be expended for that service during the financial year in that State. (2) The Governor of Haryana or of Uttar Pradesh 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 territories transferred to that State for a period of not more than six months beginning with the appointed day pending the sanction of such expenditure by the Legislature of the State: Provided that no such authorisation shall be made so as to have effect for any period after the end of the financial year in which the appointed day falls. **13. Reports relating to accounts of Haryana and Uttar Pradesh.—The reports of the Comptroller** and Auditor-General of India referred to in clause (2) of article 151 of the Constitution relating to the accounts of the State of Haryana or Uttar Pradesh in respect of any financial year ending before the appointed day shall be submitted to the Governor of each of the States of Haryana and Uttar Pradesh who shall cause them to be laid before the Legislature of the State. ----- PART VI APPORTIONMENT OF ASSETS AND LIABILITIES **14. Land and goods.—(1) Subject to the other provisions of this Part, all land and all stores, articles** and other goods belonging to the State of Haryana or Uttar Pradesh in the transferred territories shall, as from the appointed day, pass to the State to which the territories are transferred. (2) In this section, the expression “land” includes immovable property of every kind and any rights in or over such property. **15. Arrears of taxes.—The right of the State of Haryana or Uttar Pradesh to recover arrears of any** tax or duty on property situate in the transferred territories, including land revenue, or 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 belong to the State to which the territories are transferred. **16. Right to recover loans and advances.—The right to recover any loans or advances made before** the appointed day by the State of Haryana or Uttar Pradesh to any local body, society, agriculturist, or other person in the transferred territories shall belong to the State to which the territories are transferred. **17. Refund of taxes collected in excess.—The liability of the State of Haryana or Uttar Pradesh to** refund any tax or duty on property situate in the transferred territories including land revenue, collected in excess shall be the liability of the State to which the territories are transferred, and the liability of the State of Haryana or Uttar Pradesh to refund any other tax or duty collected in excess in any case where the place of assessment of the tax or duty is in the transferred territories shall also be the liability of the State to which the territories are transferred. **18. Deposits.—The liability of the State of Haryana or Uttar Pradesh 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 the State to which the territories are transferred. **19. Contracts.—(1) Where, before the appointed day, the State of Haryana or Uttar Pradesh 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) if such purposes are, as from that day, purposes relatable exclusively to the transferred territories, of the State to which the territories are transferred; and (b) in any other case, of the State which made the contract, and all rights and liabilities which have accrued, or may accrue, under any such contract shall, to the extent to which they are rights or liabilities of the State which made the contract, be the rights or liabilities of the State specified in clause (a) or clause (b) above. (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. **20. Liability in respect of actionable wrong.—Where, immediately before the appointed day, the** State of Haryana or Uttar Pradesh is subject to any liability in respect of an 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 the State to which the territories are transferred; and (b) in any other case, continue to be a liability of the State which, immediately before that day, was subject to such liability. ----- **21. Liability as guarantor of co-operative societies.—Where, immediately before the appointed** day, the State of Haryana or Uttar Pradesh 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 the State to which the territories are transferred; and (b) in any other case, continue to be a liability of the State which, immediately before that day, was subject to such liability. **22. 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. **23. Apportionment of assets or liabilities by agreement.—Where the States of Haryana and Uttar** Pradesh agree that the benefit or burden of any particular asset or liability should be apportioned between them in a manner other than that provided for in the foregoing provisions of this Part, then, notwithstanding anything contained therein, the benefit or burden of that asset or liability shall be apportioned in the manner agreed upon. **24. Power of Central Government to order allocation or adjustment in certain cases.—Where,** by virtue of any of the provisions of this Part, either of the States of Haryana or Uttar Pradesh 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 such contribution in respect thereof, as the Central Government may, after consultation with the two State Governments, by order, determine. **25. Expenditure to be charged on the Consolidated Fund.—All sums payable by either the State** of Haryana or Uttar Pradesh 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 LEGAL AND MISCELLANEOUS PROVISIONS **26. State Financial Corporations and State Electricity Boards.—As from the appointed day,—** (a) the Financial Corporations constituted under the State Financial Corporations Act, 1951 (63 of 1951), for the States of Haryana and Uttar Pradesh; and (b) the State Electricity Boards constituted under the Electricity (Supply) Act, 1948 (54 of 1948), for the said States, shall be deemed to have been constituted for those States with their areas as altered by the provisions of section 4. **27. Territorial extent of laws.—The provisions of section 4 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 the State of Haryana or Uttar Pradesh 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. **28. Power to adapt laws.—For the purpose of facilitating the application of any law in relation to the** State of Haryana or Uttar Pradesh, the appropriate Government may, before the expiration of two years 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 or 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 any law_ relating to a matter enumerated in the Union List, the Central Government, and as respects any other law, the State Government. **29. 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 the State of Haryana or Uttar Pradesh, 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. **30. Legal proceedings.—Where, immediately before the appointed day, the State of Haryana or** Uttar Pradesh is a party to any legal proceedings with respect to any property, rights or liabilities transferred to the other State under this Act, the other State shall be deemed to be substituted for the State from which such property, rights or liabilities are transferred as a party to those proceedings, or added as a party thereto, as the case may be, and the proceedings may continue accordingly. **31. 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 in any area which on that day falls within the State of Haryana or Uttar Pradesh shall, if it is a proceeding/relatable exclusively to any part of the territories which as from that day are the territories of the other State, stand transferred to the corresponding court, tribunal, authority or officer in the other 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 the other State, to be the corresponding court, tribunal, authority or officer. **32. Construction of boundary pillars, etc.—(1) It shall be lawful for the State Government which is** responsible for the construction of any boundary pillar under sub-section (3) of section 3 to cause such pillar to be constructed and maintained and no suit, prosecution or other legal proceeding shall lie against the State Government or any of its officers for anything in good faith done or intended to be done under this section. (2) The boundary pillars shall be inspected jointly by the officers of the State Governments of Haryana and Uttar Pradesh in accordance with such rules as the Central Government may make in this behalf. (3) Whoever wilfully removes or injures any boundary pillars shall be punishable with imprisonment of either description for a term which may extend to one year, or with fine, or with both. (4) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), an offence under sub-section (3) may be inquired into and tried by a court in either of the States of Haryana and Uttar Pradesh. **33. Validity of demarcation done before commencement of Act.—All things done and all steps** taken before the commencement of this Act in connection with the demarcation of the fixed boundaries shall, in so far as they are in conformity with the provisions of sub-sections (2) and (3) of section 3, be deemed to have been done in accordance with law. ----- **34. Effect of provisions inconsistent with other laws.—The provisions of this Act shall have effect** notwithstanding any law, custom or usage which is inconsistent therewith. **35. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of** this Act, the President may, by notified order, do anything, not inconsistent with such provisions which appears to him to be necessary or expedient for the purpose of removing the difficulty. (2) Every order made under this section shall be laid before each House of Parliament. **36. 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) 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 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 3 (2)] _Description of the fixed boundaries_ 1. The fixed boundary between the Karnal and Sonepat districts of Haryana on the one side and the Saharanpur, Muzaffarnagar and Meerut districts of Uttar Pradesh on the other side shall be the present deep stream line. 2. (1) The fixed boundary between the Gurgaon district of Haryana on the one side and the Bulandshahr and Aligarh districts of Uttar Pradesh on the other side shall commence from the point where the present deep stream line crosses the north-west boundary of BASANTPUR and proceed along the said boundary up to the point where it crosses the north bank of the river Yamuna as ascertained at the 1971-72 river survey conducted by the Survey of India. (2) It shall then proceed along the said north bank up to the point where it meets the boundary between BASANTPUR and SALARPUR; thence along the northern and eastern boundaries of SALARPUR, the eastern boundary of ASALATPUR, the north-eastern boundary of DADSIA, the northern and north-eastern boundaries of KIRAWLI, the northern boundary of LALPUR, the northern and eastern boundaries of MAHABATPUR, the eastern boundary of MUAZZAMABAD, the eastern boundary of BHASKOLA, the eastern and northern boundaries of RAJPUR KALAN including CHAK PHULERA, the northern and eastern boundaries of SHIKARGAH, the northern and eastern boundaries of AMINPUR, the eastern boundary of CHIRSI, the eastern boundary of AKBARPUR, the eastern boundary of MOZAMABAD-MAZRA-SHEIKHPUR, the eastern boundary of SHEIKHPUR, the eastern boundary of MANJHAWLI, the eastern boundary of GARHI BEGAMPUR, the south-eastern boundary of DALELGARH, the eastern boundary of NANGLA-MAZRA-CHANDPUR, the northern and eastern boundaries of SHAHJAHANPUR, the eastern boundary of LATIFPUR, the eastern boundary of PARASRAMPUR alias DULEHPUR, the eastern boundary of MAKANPUR, the north-eastern boundary of WALIPUR, the western, northern and eastern boundaries of SHEIKHPUR, the northern and the northeastern boundaries of BEHRAMPUR, and the north-western boundary of NANGLIA up to the point where it meets the present deep stream line. (3) From this point, it shall proceed along the present deep stream line following the boundary on Uttar Pradesh side of NANGLIA, JHUPPA, BAGHPUR KHALAN, BAGHPUR KHURD, SOLRAH, BHOLRA, DOSTPUR, GURWARI AND CHANDHAT up to the junction of the old main stream of the river Yamuna and the channel or branch of the river commonly known as the Zair Nala, and thence along the present deep stream line up to the southern boundary of MAHOLI. _Explanation.—In this paragraph,—_ (a) any reference to the boundary of a village named in sub-paragraphs (1) and (2) shall be construed as a reference to the boundary of that village as ascertained and mapped at the Settlement of Gurgaon district completed in 1943; (b) the references to the present deep stream line at the end of sub-paragraph (2) and the beginning of sub-paragraph (3) shall be construed as references to the present deep stream line pertaining to the old main stream of the river Yamuna. -----

12-Feb-1980

07

The Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980

https://www.indiacode.nic.in/bitstream/123456789/1781/1/198007.pdf

central

# THE PREVENTION OF BLACKMARKETING AND MAINTENANCE OF SUPPLIES OF ESSENTIAL COMMODITIES ACT, 1980 _____________ ARRANGEMENT OF SECTIONS __________ SECTIONS 1. Short title, extent and commencement. 2. Definitions. 3. Power to make orders detaining certain persons. 4. Execution of detention orders. 5. Power to regulate place and conditions of detention. 6. Detention orders not to be invalid or inoperative on certain grounds. 7. Powers in relation to absconding persons. 8. Grounds of order of detention to be disclosed to person affected by the order. 9. Constitution of Advisory Boards. 10. Reference to Advisory Boards. 11. Procedure of Advisory Boards. 12. Action upon the report of Advisory Board. 13. Maximum period of detention. 14. Revocation of detention orders. 15. Temporary release of persons detained. 16. Protection of action taken in good faith. 17. Repeal and saving. ----- # THE PREVENTION OF BLACKMARKETING AND MAINTENANCE OF SUPPLIES OF ESSENTIAL COMMODITIES ACT, 1980 ACT NO. 7 OF 1980 [12th February, 1980.] # An Act to provide for detention in certain cases for the purpose of prevention of black marketing and maintenance of supplies of commodities essential to the community and for matters connected therewith. BE it enacted by Parliament in the Thirty-first Year of the Republic of India as follows:— **1. Short title, extent and commencement.—(1) This Act may be called the Prevention of Black** marketing and Maintenance of Supplies of Essential Commodities Act, 1980. (2) It extends to the whole of India [1]***. (3) It shall be deemed to have come into force on the 15th day of October, 1979. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “appropriate Government” means, as respects a detention order made by the Central Government or by an officer of the Central Government or a person detained under such order, the Central Government, and as respects a detention order made by a State Government or by an officer of a State Government or as respects a person detained under such order, the State Government; (b) “detention order” means an order made under section 3; (c) “State Government”, in relation to a Union territory, means the administrator thereof. **3. Power to make orders detaining certain persons.—(1) The Central Government or a State** Government or any officer of the Central Government, not below the rank of a Joint Secretary to that Government specially empowered for the purposes of this section by that Government, or any officer of a State Government, not below the rank of a Secretary to that Government specially empowered for the purposes of this section by that Government, may, if satisfied, with respect to any person that with a view to preventing him from acting in any manner prejudicial to the maintenance of supplies of commodities essential to the community it is necessary so to do, make an order directing that such person be detained. _Explanation.—For the purposes of this sub-section, the expression “acting in any manner prejudicial_ to the maintenance of supplies of commodities essential to the community” means— (a) committing or instigating any person to commit any offence punishable under the Essential Commodities Act, 1955 (10 of 1955), or under any other law for the time being in force relating to the control of the production, supply or distribution of, or trade and commerce in, any commodity essential to the community; or (b) dealing in any commodity— (i) which is an essential commodity as defined in the Essential Commodities Act, 1955 (10 of 1955), or (ii) with respect to which provisions have been made in any such other law as is referred to in clause (a), with a view to making gain in any manner which may directly or indirectly defeat or tend to defeat the provisions of that Act or other law aforesaid. (2) Any of the following officers, namely:— (a) district magistrates; (b) Commissioners of Police, wherever they have been appointed, may also, if satisfied as provided in sub-section (1), exercise the powers conferred by the said sub-section. 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. 31-10-2019). ----- (3) When any order is made under this section by an officer mentioned in sub-section (2), he shall forthwith report the fact to the State Government to which he is subordinate together with the grounds on which the order has been made and such other particulars as in his opinion have a bearing on the matter, and no such order shall remain in force for more than twelve days after the making thereof unless in the meantime it has been approved by the State Government: Provided that where under section 8 the grounds of detention are communicated by the authority making the order after five days but not later than ten days from the date of detention, this sub-section shall apply subject to the modification that for the words “twelve days”, the words “fifteen days” shall be substituted. (4) When any order is made or approved by the State Government under this section or when any order is made under this section by an officer of the State Government not below the rank of Secretary to that Government specially empowered under sub-section (1), the State Government shall, within seven days, report the fact to the Central Government together with the grounds on which the order has been made and such other particulars as, in the opinion of the State Government, have a bearing on the necessity for the order. **4. Execution of detention orders.—A detention order may be executed at any place in India in the** manner provided for the execution of warrants of arrest under the Code of Criminal Procedure, 1973 (2 of 1974). **5. Power to regulate place and conditions of detention.—Every person in respect of whom a** detention order has been made shall be liable— (a) to be detained in such place and under such conditions, including conditions as to maintenance, discipline and punishment for breaches of discipline, as the appropriate Government may, by general or special order, specify; and (b) to be removed from one place of detention to another place of detention, whether within the same State or in another State, by order of the appropriate Government: Provided that no order shall be made by a State Government under clause (b) for the removal of a person from one State to another State except with the consent of the Government of that other State. **6. Detention orders not to be invalid or inoperative on certain grounds.—No detention order shall** be invalid or inoperative merely by reason— (a) that the person to be detained thereunder is outside the limits of the territorial jurisdiction of the Government or officer making the order, or (b) that the place of detention of such person is outside the said limits. **7. Powers in relation to absconding persons.—(1) If** [1][the appropriate Government or an officer mentioned in sub-section (2) of section 3, as the case may be,] has reason to believe that a person in respect of whom a detention order has been made has absconded or is concealing himself so that the order cannot be executed, that Government [2][or officer] may— (a) make a report in writing of the fact to a Metropolitan Magistrate or a Judicial Magistrate of the first class having jurisdiction in the place where the said person ordinarily resides; and thereupon the provisions of sections 82, 83, 84 and 85 of the Code of Criminal Procedure, 1973 (2 of 1974), shall apply in respect of the said person and his property as if the order directing that he be detained were a warrant issued by the Magistrate; 1. Subs. by Act 27 of 1982, s. 2, for “appropriate Government” (w.e.f. 5-8-1982). 2. Ins. by s. 2, ibid. (w.e.f. 5-8-1982). ----- (b) by order notified in the Official Gazette direct the said person to appear before such officer, at such place and within such period as may be specified in the order; and if the said person fails to comply with such direction he shall, unless he proves that it was not possible for him to comply therewith and that he had, within the period specified in the order, informed the officer mentioned in the order of the reason which rendered compliance therewith impossible and of his whereabouts, be punishable with imprisonment for a term which may extend to one year or with fine or with both. (2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of1974), every offence under clause (b) of sub-section (1) shall be cognizable. **8. Grounds of order of detention to be disclosed to person affected by the order.—(1) When a** person is detained in pursuance of a detention order, the authority making the order shall, as soon as may be, but ordinarily not later than five days and in exceptional circumstances and for reasons to be recorded in writing, not later than ten days from the date of detention, communicate to him the grounds on which the order has been made and shall afford him the earliest opportunity of making a representation against the order to the appropriate Government. (2) Nothing in sub-section (1) shall require the authority to disclose facts which it considers to be against the public interest to disclose. **9. Constitution of Advisory Boards.—(1) The Central Government and each State Government** shall, whenever necessary, constitute one or more Advisory Boards for the purposes of this Act. 1[(2) Every such Board shall consist of three persons who are, or have been, or are qualified to be appointed as, Judges of a High Court, and such persons shall be appointed by the appropriate Government. (3) The appropriate Government shall appoint one of the members of the Advisory Board who is, or has been, a Judge of a High Court to be its Chairman, and in the case of a Union territory, the appointment to the Advisory Board of any person who is a Judge of the High Court of a State shall be with the previous approval of the State Government concerned.] **10. Reference to Advisory Boards.—Save as otherwise expressly provided in this Act, in every case** where a detention order has been made under this Act, the appropriate Government shall, within three weeks from the date of detention of a person under the order, place before the Advisory Board constituted by it under section 9, the grounds on which the order has been made and the representation, if any, made by the person affected by the order, and in case where the order has been made by an officer referred to in sub-section (2) of section 3, also the report by such officer under sub-section (3) of that section. **11. Procedure of Advisory Boards.—(1) The Advisory Board shall, after considering the materials** placed before it and, after calling for such further information as it may deem necessary from the appropriate Government or from any person called for the purpose through the appropriate Government or from the person concerned, and if, in any particular case, it considers it essential so to do or if the person concerned desires to be heard, after hearing him in person, submit its report to the appropriate Government within seven weeks from the date of detention of the person concerned. (2) The report of the Advisory Board shall specify in a separate part thereof the opinion of the Advisory Board as to whether or not there is sufficient cause for the detention of the person concerned. (3) When there is a difference of opinion among the members forming the Advisory Board, the opinion of the majority of such members shall be deemed to be the opinion of the Board. (4) Nothing in this section shall entitle any person against whom a detention order has been made to appear by any legal practitioner in any matter connected with the reference to the Advisory Board, and the proceedings of the Advisory Board, and its report, excepting that part of the report in which the opinion of the Advisory Board is specified, shall be confidential. 1. Subs. by Act 19 of 1981, s. 2, for “sub-sections (2) and (3) and the Explanation” (w.e.f. 2-9-1981). ----- **12. Action upon the report of Advisory Board.—(1) In any case where the Advisory Board has** reported that there is in its opinion sufficient cause for the detention of a person, the appropriate Government may confirm the detention order and continue the detention of the person concerned for such period as it thinks fit. (2) In any case where the Advisory Board has reported that there is in its opinion no sufficient cause for the detention of the person concerned, the appropriate Government shall revoke the detention order and cause the person to be released forthwith. **13. Maximum period of detention.—The maximum period for which any person may be detained in** pursuance of any detention order which has been confirmed under section 12, shall be six months from the date of detention: Provided that nothing contained in this section shall affect the power of the appropriate Government to revoke or modify the detention order at any earlier time. **14. Revocation of detention orders.—(1) Without prejudice to the provisions of section 21 of the** General Clauses Act, 1897 (10 of 1897), a detention order may, at any time, be revoked or modified— (a) notwithstanding that the order has been made by an officer of a State Government, by that State Government or by the Central Government; (b) notwithstanding that the order has been made by an officer of the Central Government or by a State Government, by the Central Government. (2) The revocation or expiry of a detention order shall not bar the making of a fresh detention order under section 3 against the same person in any case where fresh facts have arisen after the date of revocation or expiry on which the Central Government or a State Government or an officer, as the case may be, is satisfied that such an order should be made. **15. Temporary release of persons detained.—(1) The appropriate Government may, at any time,** direct that any person detained in pursuance of a detention order may be released for any specified period either without conditions or upon such conditions specified in the direction as that person accepts, and may, at any time, cancel his release. (2) In directing the release of any person under sub-section (1), the appropriate Government may require him to enter into a bond with or without sureties for the due observance of the conditions specified in the direction. (3) Any person released under sub-section (1) shall surrender himself at the time and place, and to the authority, specified in the order directing his release or cancelling his release, as the case may be. (4) If any person fails without sufficient cause to surrender himself in the manner specified in sub section (3), he shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both. (5) If any person released under sub-section (1) fails to fulfil any of the conditions imposed upon him under the said sub-section or in the bond entered into by him, the bond shall be declared to be forfeited and any person bound thereby shall be liable to pay the penalty thereof. **16. Protection of action taken in good faith.—No suit or other legal proceeding shall lie against the** Central Government or a State Government, and no suit, prosecution or other legal proceeding shall lie against any person, for anything in good faith done or intended to be done in pursuance of this Act. **17. Repeal and saving.—(1) The Prevention of Black marketing and Maintenance of Supplies of** Essential Commodities Ordinance, 1979 (10 of 1979), is hereby repealed. (2) Notwithstanding such repeal anything done or any action taken under the Ordinance so repealed shall be deemed to have been done or taken under the corresponding provisions of this Act. -----

11-Jul-1980

40

The Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980

https://www.indiacode.nic.in/bitstream/123456789/1792/3/a1980_40.pdf

central

# THE BANKING COMPANIES (ACQUISITION AND TRANSFER OF UNDERTAKINGS) ACT, 1980 _____________ ARRANGEMENT OF SECTIONS _____________ CHAPTER I PRELIMINARY SECTIONS 1. Short title and commence. 2. Definitions. CHAPTER II TRANSFER OF THE UNDERTAKINGS OF EXISTING BANKS AND SHARE CAPITALS OF THE CORRESPONDING NEW BANKS 3. Establishment of corresponding new banks and business thereof. 3A. Trust not to be entered on the register. 3B. Register of beneficial owners. 4. Undertakings of existing banks to vest in corresponding new banks. 5. General effect of vesting. CHAPTER III PAYMENT OF AMOUNT 6. Payment of amount. CHAPTER IV MANAGEMENT OF CORRESPONDING NEW BANKS 7. Head office and management 8. Corresponding new banks to be guided by the directions of the Central Government. 9. Power of Central Government to make scheme. 9A. Power of Reserve Bank to appoint additional director. CHAPTER V MISCELLANEOUS 10. Closure of accounts and disposal of profits. 10A. Annual general meeting. 10B. Transfer of unpaid or unclaimed dividend to Unpaid Dividend Account.. 11. Corresponding new bank deemed to be an Indian company. 12. Vacation of office of Chairman, etc. 12A. Bonus. 13. Obligations as to fidelity and secrecy. 14. Custodian to be public servant. 15. Certain defects not to invalidate acts or proceedings. 16. Indemnity. 16A. Arrangement with corresponding new bank on appointment of directors to prevail. 17. Construction of references to existing banks. 18. Dissolution. 18A. Supersession of Board in certain cases. 19. Power to make regulations. 20. [Repealed.]. 21. Repeal and saving. THE FIRST SCHEDULE. THE SECOND SCHEDULE. THE THIRD SCHEDULE. 1 ----- # THE BANKING COMPANIES (ACQUISITION AND TRANSFER OF UNDERTAKINGS) ACT, 1980 ACT NO. 40 OF 1980 [11th July, 1980.] # An Act to provide for the acquisition and transfer of the undertakings of certain banking companies, having regard to their size, resources, coverage and organisation, in order further to control the heights of the economy, to meet progressively, and serve better, the needs of the development of the economy and to promote the welfare of the people, in conformity with the policy of the State towards securing the principles laid down in clauses (b) and (c) of article 39 of the Constitution and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Thirty-first Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title and commencement.—(1) This Act may be called the Banking Companies** (Acquisition and Transfer of Undertakings) Act, 1980. (2) It shall be deemed to have come into force on the 15th day of April, 1980. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “banking company” does not include a foreign company within the meaning of section 591 of the Companies Act, 1956 (1 of 1956); (b) “corresponding new bank”, in relation to an existing bank, means the body corporate specified against such bank in column 2 of the First Schedule; (c) “Custodian” means the person who becomes, or is appointed, a Custodian under section 7; (d) “existing bank” means a banking company specified in column 1 of the First Schedule, being a company the total of the demand and time liabilities in India of which, as shown in the return as on the 14th day of March, 1980, furnished to the Reserve Bank under section 42 of the Reserve Bank of India Act, 1934 (2 of 1934), amounts to not less than rupees two hundred crores; 1[(da) “prescribed” means prescribed by regulations made under this Act;] (e) words and expressions used herein and not defined but defined in the Banking Regulation Act, 1949 (10 of 1949) have the meanings respectively assigned to them in that Act; 1[(f) words and expressions used herein and not defined either in this Act or in the Banking Regulation Act, 1949 (10 of 1949), but defined in the Companies Act, 1956 (1 of 1956) shall have the meanings respectively assigned to them in the Companies Act, 1956.] CHAPTER II 2 [TRANSFER OF THE UNDERTAKINGS OF EXISTING BANKS AND SHARE CAPITALS OF THE CORRESPONDING NEW BANKS] **3. Establishment of corresponding new banks and business thereof.—(1) On the commencement** of this Act, there shall be constituted such corresponding new banks as are specified in column 2 of the First Schedule. (2) The paid-up capital of every corresponding new bank constituted under sub-section (1) shall, until any provision is made in this behalf in any scheme made under section 9, be equal to the paid-up capital of the existing bank in relation to which it is the corresponding new bank. 1. Ins. by Act 37 of 1994, s. 10 (w.e.f. 15-7-1994). 2. Subs. by s. 11, ibid., for “TRANSFER OF THE UNDERTAKINGS OF EXISTING BANKS” (w.e.f. 15-7-1995). 2 ----- [1][[2][(2A) Subject to the provisions of this Act, the authorised capital of every corresponding new bank shall be three thousand crores of rupees divided into three hundred crores of fully paid-up shares of ten rupees each: Provided that the corresponding new bank may reduce the nominal or face value of the shares, and divide the authorised capital into such denomination as it may decide with the prior approval of the Reserve Bank: Provided further that the Central Government may in consultation with the Reserve Bank and by notification in the Official Gazette increase or reduce the authorised capital as it deems fit so however that the shares in all cases shall be fully paid-up shares.] (2B) Notwithstanding anything contained in sub-section (2), the paid-up capital of every corresponding new bank constituted under sub-section (1) may from time to time be increased by— (a) such amounts as the Board of Directors of the corresponding new bank may, after consultation with the Reserve Bank and with the previous sanction of the Central Government, transfer from the reserve fund established by such bank to such paid-up capital; (b) such amounts as the Central Government may, after consultation with the Reserve Bank, contribute to such paid-up capital; 3[(c) such amounts as the Board of Directors of the corresponding new bank may, after consultation with the Reserve Bank and with the previous sanction of the Central Government, raise by public issue [4][or rights issue or by issue of bonus shares] or preferential allotment or private placement, of equity shares or preference shares in accordance with the procedure as may be prescribed, so, however, that the Central Government shall, at all times hold not less than fifty-one per cent. of the paid-up capital consisting of equity shares of each corresponding new bank: Provided that the issue of preference shares shall be in accordance with the guidelines framed by the Reserve Bank specifying the class of preference shares, the extent of issue of each class of such preference shares (whether perpetual or irredeemable or redeemable) and the terms and conditions subject to which, each class of preference shares may be issued. 5[(2BB) Notwithstanding anything contained in sub-section (2), the paid-up capital of a corresponding new bank constituted under sub-section (1) may, from time to time and before any paid-up capital is [6][raised by public issue [4][or rights issue or by issue of bonus shares] or preferential allotment or private placement] under clause (c) of sub-section (2B), be reduced by— (a) the Central Government, after consultation with the Reserve Bank, by cancelling any paid-up capital which is lost, or is unrepresented by available assets; (b) the Board of Directors, after consultation with the Reserve Bank and with the previous sanction of the Central Government, by paying off any paid-up capital which is in excess of the wants of the corresponding new banks: Provided that in a case where such capital is lost, or is unrepresented by available assets because of amalgamation of another corresponding new bank or a corresponding new bank as defined in clause (d) of section 2 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970) with the corresponding new bank, such reduction may be done, either prospectively or retrospectively, but not from a date earlier than the date of such amalgamation. (2BBA) (a) A corresponding new bank may, from time to time and after any paid-up capital has been 6[raised by public issue 4[or rights issue or by issue of bonus shares] or preferential allotment or private placement] under clause (c) of sub-section (2B), by resolution passed at an annual general meeting of the shareholders entitled to vote, voting in person, or, where proxies are allowed, by proxy, and the votes cast 1. Subs. by Act 37 of 1994, s. 12, for sub-sections (2A) and 3 (w.e.f. 15-7-1994). 2. Subs. by Act 4 of 2013, s. 16, for sub-section (2A) (w.e.f. 18-1-2013). 3. Subs. by Act 45 of 2006, s. 8, for clause (c) (w.e.f. 16-10-2006). 4. Ins. by Act 4 of 2013, s. 16 (w.e.f. 18-1-2013). 5. Ins. by Act 8 of 1995, s. 3 (w.e.f. 21-1-1995). 6. Subs. by Act 45 of 2006, s. 8, for “raised by public issue” (w.e.f. 16-10-2006). 3 ----- in favour of the resolution are not less than three times the number of the votes, if any, cast against the resolution by the shareholders so entitled and voting reduce its paid-up capital in any way. (b) Without prejudice to the generality of the foregoing power, the paid-up capital may be reduced by— (i) extinguishing or reducing the liability on any of its shares in respect of share capital not paid-up; (ii) either with or without extinguishing or reducing liability on any of its paid-up shares, cancelling any paid-up capital which is lost, or is unrepresented by available assets; or (iii) either with or without extinguishing or reducing liability on any of its paid-up shares, paying off any paid-up share capital which is in excess of the wants of the corresponding new bank. (2BBB) Notwithstanding anything contained in sub-section (2BB) or sub-section (2BBA), the paid-up capital of a corresponding new bank shall not be reduced at any time so as to render it below twenty-five per cent. of the paid-up capital of that bank as on the date of commencement of the Banking Companies (Acquisition and Transfer of Undertakings) Amendment Act, 1995 (8 of 1995).] (2C) The entire paid-up capital of a corresponding new bank, except the paid-up capital [1][raised from public by public issue [2][or rights issue or by issue of bonus shares] or preferential allotment or private placement] under clause (c) of sub-section (2B), shall stand vested in, and allotted to, the Central Government. (2D) The shares of every corresponding new bank not held by the Central Government shall be freely transferable: Provided that no individual or company resident outside India or any company incorporated under any law not in force in India or any branch of such company, whether resident outside India or not, shall at any time hold or acquire by transfer or otherwise shares of the corresponding new bank so that such investment in aggregate exceeds the percentage, not being more than twenty per cent. of the paid-up capital, as may be specified by the Central Government by notification in the Official Gazette. _Explanation.—For the purposes of this clause, “company” means any body corporate and includes a_ firm or other association of individuals. (2E) No shareholder of the corresponding new bank, other than the Central Government, shall be entitled to exercise voting rights in respect of any shares held by him in excess of [3][ten per cent.] of the total voting rights of all the shareholders of the corresponding new bank. 4[Provided that the shareholder holding any preference share capital in the corresponding new bank shall, in respect of such capital, have a right to vote only on resolutions placed before such corresponding new bank which directly affects the rights attached to his preference shares: Provided further that [5][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 the total voting rights of all the shareholders holding preference share capital only.] (2F) Every corresponding new bank shall keep at its head office a register, in one or more books, of the shareholders (in this Act referred to as the register) and shall enter therein the following particulars:— (i) the names, addresses and occupations, if any, of the shareholders and a statement of the shares held by each share-holder, distinguishing each share by its denoting number; (ii) the date on which each person is so entered as a share holder; (iii) the date on which any person ceases to be a share-holder; and 1. Subs. by Act 45 of 2006, s. 8, for “raised by public issue” (w.e.f. 16-10-2006). 2. Ins. by Act 4 of 2013, s. 16 (w.e.f. 18-1-2013). 3. Subs. by s. 16, ibid., for “one per cent.” (w.e.f. 18-1-2013). 4. Ins. by Act 45 of 2006, s. 8 (w.e.f. 16-10-2006). 5. Subs. by Act 4 of 2013, s. 16, for certain words (w.e.f. 18-1-2013). 4 ----- (iv) such other particulars as may be prescribed. 1[Provided that nothing in this sub-section shall apply to shares held with a depository.] (2G) Notwithstanding anything contained in sub-section (2F), it shall be lawful for every corresponding new bank to keep the register in computer floppies or diskettes 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, certified to be a true copy under the hand of an officer of the corresponding new bank authorised in this behalf by it, shall, in all legal proceedings, be admissible in evidence.] (4) Every corresponding new bank shall be a body corporate with perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property, and to contract, and may be and sued in its name. (5) Every corresponding new bank shall 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 [2][one or more of the other forms of business] specified in sub-section (1) of section 6 of that Act. (6) Every corresponding new bank shall establish a reserve fund to which shall be transferred the share premiums and the balance, if any, standing to the credit of the reserve fund of the existing bank in relation to which it is the corresponding new bank, and such further sums, if any, as may be transferred in accordance with the provisions of section 17 of the Banking Regulation Act, 1949 (10 of 1949). 3[(7) (i) The corresponding new 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, 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. (ii) The terms and conditions on which any such agency business shall be carried on by the corresponding new bank on behalf of the Reserve Bank shall be such as may be agreed upon. (iii) If no agreement can be reached on any matter referred to in clause (ii), or if a dispute arises between the corresponding new 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. (iv) The corresponding new bank may transact any business or perform any functions entrusted to it under clause (i), by itself or through any agent approved by the Reserve Bank.] **4[3A. Trust not to be entered on the register.—Notwithstanding anything contained in** sub-section (2F) of section 3, no notice of any trust, express, implied or constructive, shall be entered on the register, or be receivable, by the corresponding new bank:] 5[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.] 6[3B. Register of beneficial owners.—The register of benificial 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. 1. Ins. by Act 8 of 1997, s. 19 (w.e.f. 15-1-1997). 2. Subs. by Act 1 of 1984, s. 71, for “one or more forms of business” (w.e.f. 15-2-1984). 3. Ins. by s. 71, ibid. (w.e.f. 15-2-1984). 4. Ins. by Act 37 of 1994, s. 13 (w.e.f. 15-7-1994). 5. Ins. by Act 8 of 1997, s. 20 (w.e.f. 15-1-1997). 6. Ins. by s. 21, ibid. (w.e.f. 15-1-1997). 5 ----- _Explanation.—For the purposes of section 3, section 3A and this section, the expressions “benificial_ 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.] **4. Undertakings of existing banks to vest in corresponding new banks.—On the commencement** of this Act, the undertaking of every existing bank shall be transferred to, and shall vest in, the corresponding new bank. **5. General effect of vesting.—(1) The undertaking of each existing bank shall be deemed to include** all assets, rights, powers, authorities and privileges and all property, movable and immovable, cash balances, reserve funds, investments and all other rights and interests in, or arising out of, such property as were immediately before the commencement of this Act in the ownership, possession, power or control of the existing bank in relation to the undertaking, whether within or without India, and all books of accounts, registers, records and all other documents of whatever nature relating thereto and shall also be deemed to include all borrowings, liabilities and obligations of whatever kind then subsisting of the existing bank in relation to the undertaking. (2) If, according to the laws of any country outside India, the provisions of this Act by themselves are not effective to transfer or vest any asset or liability situated in that country which forms part of the undertaking of an existing bank to, or in, the corresponding new bank, the affairs of the existing bank in relation to such asset or liability shall, on and from the commencement of this Act, stand entrusted to the chief executive officer for the time being of the corresponding new bank, and the chief executive officer may exercise all powers and do all such acts and things as may be exercised or done by the existing bank for the purpose of effectively transferring such assets and discharging such liabilities. (3) The chief executive officer of the corresponding new bank shall, in exercise of the powers conferred on him by sub-section (2), take all such steps as may be required by the laws of any such country outside India for the purpose of effecting such transfer or vesting, and may either himself or through any person authorised by him in this behalf realise any asset and discharge any liability of the existing bank. (4) Unless otherwise expressly provided by 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 commencement of this Act and to which the existing bank is a party or which are in favour of the existing bank shall be of as full force and effect against or in favour of the corresponding new bank, and may be enforced or acted upon as fully and effectually as if in the place of the existing bank the corresponding new bank had been a party thereto or as if they had been issued in favour of the corresponding new bank. (5) If, immediately before the commencement of this Act, any suit, appeal or other proceeding of whatever nature in relation to any business of the undertaking which has been transferred under section 4, is pending by or against the existing 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 existing 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 corresponding new bank. (6) Nothing in this Act shall be construed as applying to the assets, rights, powers, authorities and privileges and property, movable and immovable, cash balances and investments in any country outside India (and other rights and interests in, or arising out of, such property) and borrowings, liabilities and obligations of whatever kind subsisting immediately before the commencement of this Act, of any existing bank operating in that country if, under the laws in force in that country, it is not permissible for a banking company, owned or controlled by Government, to carry on the business of banking there. CHAPTER III PAYMENT OF AMOUNT **6. Payment of amount.—(1) Every existing bank shall be given by the Central Government such** amount in respect of the transfer, under section 4, to the corresponding new bank of the undertaking of the existing bank as is specified against each such bank in the Second Schedule. 6 ----- (2) The amount referred to in sub-section (1) shall be given to every existing bank, at its option,— (a) in cash (to be paid by cheque drawn on the Reserve Bank) in three equal annual instalments, the amount of each instalment carrying interest at the rate of five and a half per cent. per annum from the commencement of this Act; or (b) in saleable or otherwise transferable promissory notes or stock certificates of the Central Government issued and repayable at par, and maturing at the end of— (i) ten years from the commencement of this Act and carrying interest from such commencement at the rate of six per cent. per annum, or (ii) thirty years from the commencement of this Act and carrying interest from such commencement at the rate of seven per cent. per annum; or (c) partly in cash (to be paid by cheque drawn on the Reserve Bank) and partly in such number of securities specified in sub-clause (i) or sub-clause (ii), or both, of clause (b), as may be required by the existing bank; or (d) partly in such number of securities specified in sub-clause (i) of clause (b) and partly in such number of securities specified in sub-clause (ii) of that clause, as may be required by the existing bank. (3) The first of the three equal annual instalments referred to in clause (a) of sub-section (2) shall be paid, and the securities referred to in clause (b) of that sub-section shall be issued, within sixty days from the date of receipt by the Central Government of the option referred to in that sub-section, or where no such option has been exercised, from the latest date before which such option ought to have been exercised. (4) The option referred to in sub-section (2) shall be exercised by every existing bank before the expiry of a period of three months from the commencement of this Act (or within such further time, not exceeding three months, as the Central Government may, on the application of the existing bank, allow) and the option so exercised shall be final and shall not be altered or rescinded after it has been exercised. (5) Any existing bank which omits or fails to exercise the option referred to in sub-section (2), within the time specified in sub- section (4), shall be deemed to have opted for payment in securities specified in sub-clause (i) of clause (b) of sub-section (2). (6) Notwithstanding anything contained in this section, any existing bank may, before the expiry of three months from the commencement of this Act (or within such further time, not exceeding three months, as the Central Government may, on the application of the existing bank, allow) make an application in writing to the Central Government for an interim payment of an amount equal to seventy-five per cent. of the amount of the paid-up capital of such bank, immediately before such commencement, indicating therein whether the payment is desired in cash or in securities specified in sub-section (2), or in both. (7) The Central Government shall, within sixty days from the receipt of the application referred to in sub-section (6), make the interim payment to the existing bank in accordance with the option indicated in such application. (8) The interim payment made to an existing bank under sub-section (7) shall be set off against the total amount payable to such existing bank under this Act and the balance of the amount remaining outstanding after such payment shall be given to the existing bank in accordance with the option exercised, or deemed to have been exercised, under sub-section (4) or sub-section (5), as the case may be: Provided that where any part of the interim payment is obtained by an existing bank in cash, the payment so obtained shall be set off, in the first instance, against the first instalment of the cash payment referred to in sub-section (2), and in case the payment so obtained exceeds the amount of the first instalment, the excess amount shall be adjusted against the second instalment and the balance of such excess amount, if any, against the third instalment of the cash payment. 7 ----- CHAPTER IV MANAGEMENT OF CORRESPONDING NEW BANKS **7. Head office and management.—(1) The head office of each corresponding new bank shall be at** such place as the Central Government may, by notification in the Official Gazette, specify in this behalf, and, until any such place is so specified, shall be at such place at which the head office of the existing bank, in relation to which it is the corresponding new bank, is on the commencement of this Act, located. (2) The general superintendence, direction and management of the affairs and business of a corresponding new bank shall vest in a Board of Directors which shall be entitled to exercise all such powers and do all such acts and things as the corresponding new bank is authorised to exercise and do. (3) (a) As soon as may be after the commencement of this Act, the Central Government shall, in consultation with the Reserve Bank, constitute the first Board of Directors of a corresponding new bank, consisting of not more than seven persons, to be appointed by the Central Government, and every director so appointed shall hold office until the Board of Directors of such corresponding new bank is constituted in accordance with the scheme made under section 9: Provided that the Central Government may, if it is of opinion that it is necessary in the interests of the corresponding new bank so to do, remove a person from the membership of the first Board of Directors and appoint any other person in his place. (b) Every member of the first Board of Directors (not being an officer of the Central Government or of the Reserve Bank) shall receive such remuneration as is equal to the remuneration which a member of the Board of Directors of the existing bank was entitled to receive immediately before the commencement of this Act. (4) Until the first Board of Directors is appointed by the Central Government under sub-section (3), the general superintendence, direction and management of the affairs and business of a corresponding new bank shall vest in a Custodian, who shall be the chief executive officer of that bank and may exercise all powers and do all acts and things as may be exercised or done by that bank. (5) The Chairman of an existing bank holding office as such immediately before the commencement of this Act, shall be the Custodian of the corresponding new bank and shall receive the same emoluments as he was receiving immediately before such commencement: Provided that the Central Government may, if the Chairman of an existing bank declines to become, or to continue to function as, a Custodian of the corresponding new bank, or, if it is of opinion that it is necessary in the interests of the corresponding new bank so to do, appoint any other person as the Custodian of a corresponding new bank and the Custodian so appointed shall receive such emoluments as the Central Government may specify in this behalf. _Explanation.—In this sub-section and in sub-section (1) of section 12, the expression “Chairman”, in_ relation to any existing bank, includes the person carrying out the duties of the Chairman or otherwise functioning as the chief executive officer of that bank. (6) The Custodian shall hold office during the pleasure of the Central Government. **8. Corresponding new banks to be guided by the directions of the Central Government.—Every** corresponding new bank shall, in the discharge of its functions, be guided by such directions in regard to matters of policy involving public interest as the Central Government may, after consultation with the Governor of the Reserve Bank, give. **9. Power of Central Government to make scheme.—(1) The Central Government may, after** consultation with the Reserve Bank, make a scheme for carrying out the provisions of this Act. (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 capital structure of the corresponding new bank [1]*** 1. The words “, so however that the paid-up capital of any such bank shall not be in excess of rupees one thousand five hundred crores” omitted by Act 37 of 1994, s. 14 (w.e.f. 15-7-1994). 8 ----- (b) the constitution of the Board of Directors, by whatever name called, of the corresponding new bank and all such matters in connection therewith or incidental thereto as the Central Government may consider to be necessary or expedient; (c) the reconstitution of any corresponding new bank into two or more corporations, the amalgamation of any corresponding new bank with any other corresponding new bank or with another banking institution, the transfer of the whole or any part of the undertaking of a 1[corresponding new bank to any other corresponding new bank or banking institution] or the transfer of the whole or any part of the undertaking of any other banking institution to a corresponding new bank; 2[(ca) the manner in which the excess number of directors shall retire under the second proviso to clause (i) of sub-section (3);] (d) such incidental, consequential and supplemental matters as may be necessary to carry out the provisions of this Act. 3[(3) Every Board of Directors of a corresponding new bank, constituted under any scheme made under sub-section (1), shall include— 4[(a) not more than five whole-time directors to be appointed by the Central Government after consultation with the Reserve Bank: Provided that the Central Government, may, after consultation with the Reserve Bank, by notification published in the Official Gazette, post a whole-time director so appointed to any other corresponding new bank. _Explanation.—For the purposes of this clause, the expression “corresponding new bank” shall_ include a “corresponding new bank” as defined in clause (d) of section 2 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970;] (b) one director who is an official of the Central Government to be nominated by the Central Government: Provided that no such director shall be a director of any other corresponding new bank. _Explanation.—For the purposes of this clause, the expression “corresponding new bank” shall include_ a corresponding new bank within the meaning of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970); 5[(c) 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;] _Explanation.—For the purpose of this clause, “an officer of the Reserve Bank” includes an officer of_ the Reserve Bank who is deputed by that Bank under section 54AA of the Reserve Bank of India Act, 1934 (2 of 1934) to any institution referred to therein; 6* - - - (e) one director, from among such of the employees of the corresponding new bank who are workmen under clause (s) of section 2 of the Industrial Disputes Act, 1947 (14 of 1947), to be nominated by the Central Government in such manner as may be specified in a scheme made under this section; (f) one director, from among the employees of the corresponding new bank who are not workmen under clause (s) of section 2 of the Industrial Disputes Act, 1947 (14 of 1947), to be nominated by the Central Government after consultation with the Reserve Bank; (g) one director who has been a Chartered Accountant for not less than fifteen years to be nominated by the Central Government after consultation with the Reserve Bank; (h) subject to the provisions of clause (i) not more than six directors to be nominated by Central Government; 1. Subs. by Act 66 of 1988, s. 36, for “corresponding new bank to any other banking institution” (w.e.f. 30-12-1988). 2. Ins. by Act 45 of 2006, s. 9 (w.e.f. 16-10-2006). 3. Subs. by Act 37 of 1994, s. 14, for sub-section (3) (w.e.f. 15-7-1994). 4. Subs. by Act 23 of 2019, s. 151, for clause (a) (w.e.f. 09-08-2019). 5. Subs. by Act 45 of 2006, s. 9, for clause (c) (w.e.f 16-10-2006). 6. Clause (d) omitted by s. 9, ibid. (w.e.f. 16-10-2006). 9 ----- 1[(i) where the capital issued under clause (c) of sub-section (2B) of section 3 is— (I) not more than sixteen per cent. of the total paid-up capital, one director; (II) more than sixteen per cent. but not more than thirty-two per cent. of the total paid-up capital, two directors; (III) more than thirty-two per cent. of the total paid-up capital, three directors, to be elected by the shareholders, other than the Central Government, from amongst themselves: Provided that on the assumption of charge after election of any such director under this clause, equal number of directors nominated under clause (h) shall retire in such manner as may be specified in the scheme: Provided further that in case the number of directors elected, on or before the commencement of the Banking Companies (Acquisition and Transfer of Undertakings) and Financial Institutions Laws (Amendment) Act, 2006, in a corresponding new bank exceed the number of directors specified in sub-clause (I) or sub-clause (II) or sub-clause (III), as the case may be, such excess number of directors elected before such commencement shall retire in such manner as may be specified in the scheme and such directors shall not be entitled to claim any compensation for the premature retirement of their term of office.] (3A) The directors to be nominated under clause (h) or to be elected under clause (i) of sub-section (3A) shall— (A) have special knowledge or practical experience in respect of one or more of the following matters, namely:— (i) agricultural and rural economy, (ii) banking, (iii) co-operation, (iv) economics, (v) finance, (vi) law, (vii) small-scale industry, (viii) any other matter the special knowledge of, and practical experience in, which would, in the opinion of the Reserve Bank, be useful to the corresponding new bank; (B) represent the interests of depositors; or (C) represent the interests of farmers, workers and artisans. 2[(3AA) Without prejudice to the provisions of sub-section (3A) 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 (i) of sub-section (3) 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. (3AB) The Reserve bank may also specify in the notification issued under sub-section (3AA), the authority to determine the fit and proper status, the manner of such determination, the procedure to be followed for such determination and such other matters as may be considered necessary or incidental thereto.] (3B) where the Reserve Bank is of the opinion that any director of a corresponding new bank elected under clause (i) of sub-section (3) does not fulfil the requirements of [3][sub-section (3A) and sub-section (3AA)], it may, after giving to such director and the bank a reasonable opportunity of being heard, by order, remove such director and on such removal, the Board of Directors shall co-opt any other person fulfilling the requirments of [3][sub-section (3A) and sub-section (3AA)] as a director in place of the person so removed till a director is duly elected by the shareholders of the corresponding new bank in the 1. Subs. by Act 45 of 2006, s. 9, for clause (i) (w.e.f. 16-10-2006). 2. Ins. by s. 9, ibid. (w.e.f. 16-10-2006). 3. Subs. by s. 9, ibid., for “sub-section (3A)” (w.e.f. 16-10-2006), 10 ----- next annual general meeting and the person so co-opted shall be deemed to have been duly elected by the shareholders of the corresponding new bank as a director.] (4) The Central Government may, after consultation with the Reserve Bank, make a scheme to amend or vary any scheme made under sub-section (1). 1[(5) On and from the date of coming into operation of a scheme made under this section with respect to any of the matters referred to in clause (c) of sub-section (2) or any matters incidental, consequential and supplemental thereto,— (a) the scheme shall be binding on the corresponding new bank or corporations or banking institutions, and also on the members, if any, the depositors, and other creditors and employees of each of them and on any other persons having any right or liability in relation to any of them including the trustees or other persons, managing or in any other manner connected with, any provident fund or other fund maintained by any of them; (b) the properties and assets of the corresponding new bank or, as the case may be, of the banking institution shall, by virtue of and to the extent provided in the scheme, stand transferred to, and vested in, and the liabilities of the corresponding new bank or, as the case may be, of the banking institution shall, by virtue of, and to the extent provided in the scheme, stand transferred to, and become the liabilities of, the corporation or corporations brought into existence by reconstitution of the banking institution or the corresponding new bank, as the case may be.] _2[Explanation I].—In this section, “banking institution” means a banking company and includes_ the State Bank of India or a subsidiary bank. 3[Explanation II.—For the purposes of this section, the expression “corresponding new bank” shall include a corresponding new bank within the meaning of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970).] 4 # [(6)] Every scheme 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 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 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. **5[9A. Power of Reserve Bank to appoint additional director.—(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 corresponding new bank or its depositors, it is necessary so to do, it may, from time to time, by order in writing, 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 corresponding new bank. (2) Any person appointed as an 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 corresponding new bank; 1. Ins. by Act 1 of 1984, s. 72 (w.e.f 15-2-1984). 2. Explanation numbered as Explanation I thereof by Act 66 of 1988, s. 36 (w.e.f 30-12-1988). 3. Ins. by s. 36, ibid. (w.e.f. 30-12-1988). 4. Sub-section (5) re-numbered as sub-section (6) by Act 1 of 1984, s. 72 (w.e.f. 15-2-1984). 5. Ins. by Act 45 of 2006, s. 10 (w.e.f. 16-10-2006). 11 ----- (3) For the purpose of reckoning any proportion of the total number of directors of the corresponding new bank, any additional director appointed under this section shall not be taken into account.] CHAPTER V MISCELLANEOUS **10. Closure of accounts and disposal of profits.—(1) Every corresponding new bank shall cause its** books to be closed and balanced on the 31st day of December [1][or such other date in each year as the Central Government may, by notification in the Official Gazette, specify] and shall appoint, with the previous approval of the Reserve Bank, auditors for the audit of its accounts. 2[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 closing and balancing of, or for other matters relating to, the books in respect of the concerned years.] (2) Every auditor of a corresponding new bank shall be a person who is qualified to act as an auditor of a company under section 226 of the Companies Act, 1956 (1 of 1956) and shall receive such remuneration as the Reserve Bank may fix in consultation with the Central Government. (3) 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 corresponding new 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 corresponding new bank; (b) may, at the expense of the corresponding new bank, employ accountants or other persons to assist him in investigating such accounts; and (c) may, in relation to such accounts, examine the Custodian or any officer or other employee of the corresponding new bank. (4) Every auditor of a corresponding new bank shall make a report to the Central Government upon the annual balance-sheet and accounts and in every such report shall state— (a) whether, in his opinion, the balance-sheet is a full and fair balance-sheet containing all the necessary particulars and is properly drawn up so as to exhibit a true and fair view of the affairs of the corresponding new bank, and in case he had called for any explanation or information, whether it has been given and whether it is satisfactory; (b) whether or not the transactions of the corresponding new bank, which have come to his notice, have been within the powers of that bank; (c) whether or not the returns received from the offices and branches of the corresponding new bank have been found adequate for the purpose of his audit; (d) whether the profit and loss account shows a true balance of profit or loss for the period covered by such account; and (e) any other matter which he considers should be brought to the notice of the Central Government. 3[Explanation I.—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 corresponding new bank, and 1. Subs. by Act 66 of 1988, s. 37, for “of each year” (w.e.f. 30-12-1988). 2. Ins. by s. 37, ibid. (w.e.f. 30-12-1988). 3. Ins. by Act 1 of 1984, s. 73 (w.e.f. 15-2-1984). 12 ----- (b) the profit and loss account shall not be treated as not showing a true balance of profit or loss for 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 or any other Act, not required to be disclosed. _Explanation II.—For the purposes of this Act, the accounts of the corresponding new 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 corresponding new 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 corresponding new bank or in the auditor’s report.] (5) The report of the auditor shall be verified, signed and transmitted to the Central Government. (6) The auditor shall also forward a copy of the audit report to the corresponding new bank and to the Reserve Bank. (7) After making provision for bad and doubtful debts, depreciation in assets, contributions to staff and superannuation funds and all other matters for which provision is necessary under any law, or which are usually provided for by banking companies, a corresponding new bank [1][may, out of its net profits, declare a dividend and retain the surplus, if any]. 2[(7A) Every corresponding new bank shall furnish to the Central Government 3[and to the Reserve Bank] the annual balance-sheet, the profit and loss account, and the auditor’s report and a report by its Board of directors on the working and activities of the bank during the period covered by the accounts.] (8) The Central Government shall cause every auditor’s report and report on the working and activities of each corresponding new bank to be laid [4][as soon as may be after they are received before each House of Parliament [5]***]. [2][(9) Without prejudice to the foregoing provisions, the Central Government may, at any time, appoint such number of auditors as it thinks fit to examine and report on the accounts of a corresponding new bank and the auditors so appointed shall have all the rights, privileges and authority in relation to the audit of the accounts of the corresponding new bank which an auditor appointed by the corresponding new bank has under this section.] 6[10A. Annual general meeting.—(1) A general meeting (in this Act referred to as an annual general meeting) of every corresponding new bank which has issued capital under clause (c) of subsection (2B) of section 3 shall be held at the place of the head office of the bank in each year at such time as shall from time to time be specified by the Board of Directors: 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 auditor’s report is, under sub-section (7A) of section 10, forwarded to the Central Government or to the Reserve Bank, whichever date is earlier. (2) The shareholders present at an annual general meeting [7][shall be entitled to discuss, approve and adopt] the balance-sheet and the profit and loss account of the corresponding new bank made up to the previous 31st day of March, the report of the Board of Directors on the working and activities of the 1. Subs. by Act 37 of 1994, s. 15, for “shall transfer the balance of profits to the Central Government” (w.e.f. 15-7-1994). 2. Ins. by 1 of 1984, s. 73 (w.e.f 15-2-1984). 3. Ins. by Act 37 of 1994, s. 15 (w.e.f. 15-7-1994). 4. Subs. by Act 1 of 1984, s. 73, for certain words (w.e.f. 15-2-1984). 5. The words “, 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” omitted by Act 81 of 1985, s. 15 (w.e.f. 01-05-1986). 6. Ins. by Act 37 of 1994, s. 16 (w.e.f. 15-7-1994). 7. Subs. by Act 45 of 2006, s. 11, for “shall be entitled to discuss” (w.e.f. 16-10-2006). 13 ----- corresponding new bank for the period covered by the accounts and the auditor's report on the balancesheet and accounts.] 1[(3) Nothing contained in this section shall apply during the period for which the Board of Directors of a corresponding new bank had been superseded under sub-section (1) of section 18A: Provided that the Administrator may, if he considers it appropriate in the interest of the corresponding new bank whose Board of Directors had been superseded, call annual general meeting in accordance with the provisions of this section.] **2[10B. Transfer of unpaid or unclaimed dividend to Unpaid Dividend Account.—(1) Where, after** the commencement of the Banking Companies (Acquisition and Transfer of Undertakings) and Financial Institutions Laws (Amendment) Act, 2006 (45 of 2006), a dividend has been declared by a corresponding new bank but has not been paid or claimed within thirty days from the date of declaration, to, or by, any shareholder entitled to the payment of the dividend, the corresponding new bank shall, within seven days from the date of the expiry of such period of thirty days, transfer the total amount of dividend which remains unpaid or unclaimed within the said period of thirty days, to a special account to be called “Unpaid Dividend Account of ... (the name of the corresponding new bank). _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 a corresponding new bank before the commencement of the Banking Companies (Acquisition and Transfer of Undertakings) and Financial Institutions Laws (Amendment) Act, 2006 (45 of 2006), remains unpaid at such commencement, the corresponding new 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 a corresponding new 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 corresponding new bank to the Investor Education and Protection Fund established under sub-section (1) of section 205C of the Companies Act, 1956 (1 of 1956). (4) The money transferred under sub-section (3) to the Investor Education and Protection Fund shall be utilised for the purposes and in the manner specified in section 205C of the Companies Act,1956 (1 of 1956).] **11. Corresponding new bank deemed to be an Indian company.—For the purposes of the** Income-tax Act, 1961 (43 of 1961), every corresponding new bank shall be deemed to be an Indian company and a company in which the public are substantially interested. **12. Vacation of office of Chairman, etc.—(1) Every person holding office, immediately before the** commencement of this Act, as Chairman of an existing bank shall, if he becomes Custodian of the corresponding new bank, be deemed, on such commencement, to have vacated office as such Chairman. (2) Save as otherwise provided in sub-section (1), every officer or other employee of an existing bank shall become, on the commencement of this Act, an officer or other employee, as the case may be, of the corresponding new bank and shall hold his office or service in that bank on the same terms and conditions and with the same rights to pension, gratuity and other matters as would have been admissible to him if the undertaking of the existing bank had not been transferred to and vested in the corresponding new bank and continue to do so unless and until his employment in the corresponding new bank is terminated or until his remuneration, terms or conditions are duly altered by the corresponding new bank. (3) For the persons who immediately before the commencement of this Act were the trustees for any pension, provident, gratuity or other like fund constituted for the officers or other employees of an existing bank, there shall be substituted as trustees such persons as the Central Government may, by general or special order, specify. 1. Ins. by Act 45 of 2006, s. 11 (w.e.f. 16-10-2006). 2. Ins. by s. 12, ibid. (w.e.f. 16-10-2006). 14 ----- (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 employee from an existing bank to a corresponding new bank shall not entitle such officer or other employee to any compensation under this Act or any other law for the time being in force and no such claim shall be entertained by any court, tribunal or other authority. **1[12A. Bonus.—(1) No officer 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 a corresponding new bank shall be entitled to be paid any bonus. (2) No employee of a corresponding new 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.] **13. Obligations as to fidelity and secrecy.—(1) Every corresponding new 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 law or practices and usages customary among bankers, necessary or appropriate for the corresponding new bank to divulge such information. (2) Every director, member of a local board or a committee, or auditor, adviser, officer or other employee of a corresponding new bank shall, before entering upon his duties, make a declaration of fidelity and secrecy in the form set out in the Third Schedule. (3) Every Custodian of a corresponding new bank shall, as soon as possible, make a declaration of fidelity and secrecy in the form set out in the Third Schedule. 2[(4) Nothing contained in this section shall apply to the credit information disclosed under the Credit Information Companies (Regulation) Act, 2005 (30 of 2005).] **14. Custodian to be public servant.—Every Custodian of a corresponding new bank shall be** deemed to be a public servant for the purposes of Chapter IX of the Indian Penal Code (45 of 1860). **15. Certain defects not to invalidate acts or proceedings.—(1) All acts done by the Custodian,** acting in good faith, shall, notwithstanding any defect in his appointment or in the procedure, be valid. (2) No act or proceeding of any Board of Directors or a local board or committee of a corresponding new bank shall be invalid merely on the ground of the existence of any vacancy in, or defect in the constitution of, such board or committee, as the case may be. (3) All acts done by a person acting in good faith as a director or member of a local board or committee of a corresponding new bank shall be valid, notwithstanding that it may afterwards be discovered that his appointment was invalid by reason of any defect or disqualification or had terminated by virtue of any provision contained in any law for the time being in force: Provided that nothing in this section shall be deemed to give validity to any act by a director or member of a local board or committee of a corresponding new bank after his appointment has been shown to the corresponding new bank to be invalid or to have terminated. **16. Indemnity.—(1) Every Custodian of a corresponding new bank and every officer of the Central** Government or of the Reserve Bank and every officer or other employee of a corresponding new bank, shall be indemnified by such bank against all losses and expenses incurred by him in or in relation to the discharge of his duties except such as have been caused by his own wilful act or default. (2) A director or member of a local board or committee of a corresponding new bank shall not be responsible for any loss or expense caused to such bank by the insufficiency or deficiency of the value of, 1. Ins. by Act 64 of 1984, s. 5 (w.e.f. 11-9-1984). 2. Ins. by Act 30 of 2005, s. 34 and Part IX of the Schedule (w.e.f. 14-12-2006). 15 ----- or title to, any property or security acquired or taken on behalf of the corresponding new 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, unless such loss, expense, insufficiency or deficiency was due to any wilful act or default on the part of such director or member. **1[16A. Arrangement with corresponding new bank on appointment of directors to** **prevail.—(1) Where any arrangement entered into by a corresponding new bank with a company** provides for the appointment by the corresponding new bank of one or more directors of such company, 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 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 corresponding new bank in pursuance of the arrangement as aforesaid. (2) Any director appointed as aforesaid shall— (a) hold office during the pleasure of the corresponding new bank and may be removed or substituted by any person by order in writing of the corresponding new 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 anthing 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.] **17. Construction of references to existing banks.—Any reference to any existing bank in any law,** other than this Act, or in any contract or other instrument shall, in so far as it relates to the undertaking which has been transferred by section 4, be construed as a reference to the corresponding new bank. **18. Dissolution.—No provision of law relating to winding up of corporations shall apply to a** corresponding new bank and no corresponding new bank shall be placed in liquidation save by order of the Central Government and in such manner as it may direct. 2[18A. Supersession of 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 any corresponding new bank being conducted in a manner detrimental to the interest of the depositors or the corresponding new bank or for securing the proper management of any corresponding new bank, it is necessary so to do, the Central Government may, for reasons to be recorded in writing, by order, supersede the Board of Directors of such corresponding new bank 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 Central Government may, on supersession of the Board of Directors of the corresponding new bank under sub-section (1), appoint, in consultation with the Reserve Bank, 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 Central Government 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 the corresponding new bank, notwithstanding anything contained in this Act,— (a) the chairman, managing director and other directors shall, as from the date of supersession, vacate their offices as such; 1. Ins. by Act 1 of 1984, s. 74 (w.e.f. 15-2-1984). 2. Ins. by Act 45 of 2006, s. 13 (w.e.f. 16-10-2006). 16 ----- (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 Board of Directors of such corresponding new bank, or by a resolution passed in general meeting of such corresponding new bank, shall, until the Board of Directors of such corresponding new bank is reconstituted, be exercised and discharged by the Administrator appointed by the Central Government 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 the corresponding new bank. (5) The Central Government may constitute, in consultation with the Reserve Bank, 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 Central Government. (7) The salary and allowances payable to the Administrator and the members of the committee constituted under sub-section (5) by the Central Government shall be such as may be specified by the Central Government and be payable by the concerned corresponding new bank. (8) On and before the expiration of two months before 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 corresponding new bank, shall call the general meeting of the corresponding new bank 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 the corresponding new bank has been reconstituted.] **19. Power to make regulations.—(1) The Board of Directors of a corresponding new bank may,** after consultation with the Reserve Bank and with the previous sanction of the Central Government, [1][by notification in the Official Gazette], make regulations, not inconsistent with the provisions of this Act or any scheme 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, the regulations may provide for all or any of the following matters, namely:— (a) the powers, functions and duties of local boards and restrictions, conditions or limitations, if any, subject to which they may be exercised or performed, the formation and constitution of local committees and committees of local boards (including the number of members of any such committee), 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; (b) the manner in which the business of the local boards shall be transacted and the procedure in connection therewith; 2[(ba) the nature of shares of the corresponding new bank, the manner in which and the conditions subject to which shares may be held and transferred and generally all matters relating to the rights and duties of Shareholders; (bb) the maintenance of register, and the particulars to be entered in the register in addition to those specified in sub-section (2F) of section 3, the safeguards to be observed in the maintenance of register on computer floppies or diskettes, inspection and closure of the register and all other matters connected therewith; 1. Ins. by Act 66 of 1988, s. 38 (w.e.f. 30-12-1988). 2. Ins. by Act 37 of 1994, s. 17 (we.f. 15-7-1994). 17 ----- (bc) 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; (bd) the holding of meetings of shareholders and the business to be transacted thereat; (be) the manner in which notices may be served on the half of the corresponding new bank upon shareholders or other persons; (bf) the manner in which the directors nominated under clause (h) of sub-section (3) of section 9 shall retire;] (c) the delegation of powers and functions of the Board of Directors of a corresponding new bank to the general manager, director, officer or other employee of that bank; (d) the conditions or limitations subject to which the corresponding new bank may appoint advisers, officers or other employees and fix their remuneration and other terms and conditions of service; (e) the duties and conduct of advisers, officers or other employees of the corresponding new bank; (f) the establishment and maintenance of superannuation, pension, provident or other funds for the benefit of officers or other employees of the corresponding new bank or of the dependents of such officers or other employees and the granting of superannuation allowances, annuities and pensions payable out of such funds; (g) the conduct and defence of legal proceedings by or against the corresponding new bank and the manner of signing pleadings; (h) the provision of a seal for the corresponding new bank and the manner and effect of its use; (i) the form and manner in which contracts binding on the corresponding new bank may be executed; (j) the conditions and the requirements subject to which loans or advances may be made or bills may be discounted or purchased by the corresponding new bank; (k) the persons or authorities who shall administer any pension, provident or other fund constituted for the benefit of officers or other employees of the corresponding new bank or their dependents; (l) the preparation and submission of statements of programmes of activities and financial statements of the corresponding new bank and the period for which and the time within which such statements and estimates are to be prepared and submitted; and (m) generally for the efficient conduct of the affairs of the corresponding new bank. (3) Until any regulation is made under sub-section (1), the articles of association of the existing bank and every regulation, rule, bye-law or order made by the existing bank in force immediately before the commencement of this Act shall be deemed to be the regulations made under sub-section (1) and shall have effect accordingly and any reference therein to any authority of the existing bank shall be deemed to be a reference to the corresponding authority of the corresponding new bank and until any such corresponding authority is constituted under this Act shall be deemed to refer to the Custodian. 1[(4) Every regulation shall, as soon as may be after it is made under this Act by the Board of directors of a corresponding new bank, 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 succcessive 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 1 of 1984, s. 75 (w.e.f. 15-2-1984). 18 ----- **20. [Amendment of certain enactment.]—Rep. by the Repealing and Amending Act, 1988** (19 of 1988), s. 2 and _the First Schedule (w.e.f. 31-3-1988)._ **21. Repeal and saving.—(1) The Banking Companies (Acquisition and Transfer of Undertakings)** Ordinance, 1980 (3 of 1980), is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken, including any order made, notification issued or direction given, under the said Ordinance shall be deemed to have been done, taken, made, issued or given, as the case may be, under the corresponding provisions of this Act. THE FIRST SCHEDULE (See sections 2, 3 and 4) Existing bank Corresponding New Bank Column 1 Column 2 The Andhra Bank Limited … Andhra bank Corporation Bank Limited … Corporation Bank The New Bank of India Limited … New Bank of India. The Oriental Bank of Commerce Limited … Oriental Bank of Commerce The Punjab and Sind Bank Limited … Punjab and Sind Bank Vijaya Bank Limited … Vijaya Bank # __________ THE SECOND SCHEDULE (See section 6) Name of existing bank Amount (in lakhs of rupees) The Andhra Bank Limited ..... 610 Corporation Bank Limited ..... 180 The New Bank of India Limited ..... 510 The Oriental Bank of Commerce Limited ..... 100 The Punjab and Sind Bank Limited ..... 210 Vijaya Bank Limited ..... 240 19 ----- THE THIRD SCHEDULE [See sub-sections (2) and (3) of section 13] 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 Custodian, Director, member of Local Board, member of Local Committee, auditor, adviser, officer or other employee (as the case may be) of the*.....and which properly relate to the office or position in the said*.....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*.....or to the affairs of any person having any dealing with the*.....; 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*.....and relating to the business of the*.....or to the business of any person having any dealing with the*...................... *Name of corresponding new bank to be filled in. 20 -----

19-Jul-1980

42

The National Company Limited (Acquisition and Transfer of Undertakings) Act, 1980

https://www.indiacode.nic.in/bitstream/123456789/1801/1/198042.pdf

central

# THE NATIONAL COMPANY LIMITED (ACQUISITION AND TRANSFER OF UNDERTAKINGS) ACT, 1980 _________ # ARRANGEMENT OF SECTIONS __________ CHAPTER I PRELIMINARY SECTIONS 1. Short title and commencement. 2. Definitions. CHAPTER II ACQUISITION AND TRANSFER OF THE UNDERTAKINGS OF THE COMPANY 3. Transfer to, and vesting in, the Central Government of the undertakings of the Company. 4. General effect of vesting. 5. Power of Central Government to direct vesting of the undertakings of the Company in an existing Government company. 6. Transfer of undertakings of the Company from an existing Government company to a new Government company. 7. Company to be liable for certain prior liabilities. CHAPTER III PAYMENT OF AMOUNTS 8. Payment of amount. 9. Payment of further amount. CHAPTER IV MANAGEMENT, ETC., OF THE UNDERTAKINGS OF THE COMPANY 10. Management, etc., of the undertakings of the Company. 11. Duty of persons in charge of management of the undertakings of the Company to deliver all assets, etc. 12. Duty of persons to account for assets, etc., in their possession. CHAPTER V PROVISIONS RELATING TO THE EMPLOYEES OF THE COMPANY 13. Continuance of employees. 14. Provident fund and other funds. CHAPTER VI COMMISSIONER OF PAYMENTS 15. Appointment of Commissioner of Payments. 16. Payment by the Central Government to the Commissioner. 17. Certain powers of the Central Government or Government company. 18. Claims to be made to the Commissioner. 19. Priority of claims. 20. Examination of claims. 21. Admission or rejection of claims. 22. Disbursement of money by the Commissioner. 23. Disbursement of amounts to the Company. 24. Undisbursed or unclaimed amount to be deposited with the general revenue account. ----- CHAPTER VII MISCELLANEOUS 25. Act to have overriding effect. 26. Assumption of liability. 27. Management to continue to vest in the Custodian until alternative arrangements have been made. 28. Contracts to cease to have effect unless ratified by the Central Government or the Government company. 29. Penalties. 30. Offences by companies. 31. Protection of action taken in good faith. 32. Delegation of powers. 33. Power to make rules. 34. Power to remove difficulties. 35. Repeal and saving. THE SCHEDULE. ----- # THE NATIONAL COMPANY LIMITED (ACQUISITION AND TRANSFER OF UNDERTAKINGS) ACT, 1980 ACT NO. 42 OF 1980 [19th July, 1980.] # An Act to provide for the acquisition and transfer of the undertakings of Messrs. National Company Limited with a view to securing the proper management of such undertakings so as to subserve the interests of the general public by ensuring the continued manufacture, production and distribution of articles made of jute, which are essential to the needs of the economy of the country and for matters connected therewith or incidental thereto. WHEREAS Messrs. National Company Limited had been engaged in the manufacture and production of articles mentioned in the First Schedule to the Industries (Development and Regulation) Act, 1951 (65 of 1951), namely, textiles made wholly or in part of jute; AND WHEREAS the management of the undertakings of Messrs. National Company Limited was taken over by the Central Government under section 18AA of the Industries (Development and Regulation) Act, 1951 (65 of 1951); AND WHEREAS it is necessary to acquire the undertakings of Messrs. National Company Limited to ensure that the interests of the general public are served by the continuance, by the undertakings of the Company, of the manufacture, production and distribution of the aforesaid articles, which are essential to the needs of the economy of the country; BE it enacted by Parliament in the Thirty-first Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title and commencement.—(1) This Act may be called the National Company Limited** (Acquisition and Transfer of Undertakings) Act, 1980. (2) The provisions of sections 29 and 30 shall come into force at once and the remaining provisions of this Act shall be deemed to have come into force on the 27th day of April, 1980. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “appointed day” means the 27th day of April, 1980; (b) “Commissioner” means the Commissioner of Payments appointed under section 15; (c) “Company” means Messrs. National Company Limited, a company within the meaning of the Companies Act, 1956 (1 of 1956), and having its registered office at 18A-Brabourne Road, Calcutta-700001, in the State of West Bengal; (d) “existing Government company” means a Government company which is carrying on business on the appointed day; (e) “new Government company” means a Government company formed and registered on or after the appointed day; (f) “notification” means a notification published in the Official Gazette; (g) “prescribed” means prescribed by rules made under this Act; (h) “specified date”, in relation to any provision of this Act, means such date as the Central Government may, by notification, specify for the purposes of that provision and different dates may be specified for different provisions of this Act; (i) words and expressions used herein and not defined but defined in the Companies Act, 1956 (1 of 1956), have the meanings respectively assigned to them in that Act. ----- CHAPTER II ACQUISITION AND TRANSFER OF THE UNDERTAKINGS OF THE COMPANY **3. Transfer to, and vesting in, the Central Government of the undertakings of the** **Company.—On the appointed day, the undertakings of the Company, and the right, title and interest of** the Company in relation to its undertakings, shall, by virtue of this Act, stand transferred to, and vest in, the Central Government. **4. General effect of vesting.—(1) The undertakings of the Company shall be deemed to include all** assets, rights, lease-holds, powers, authorities and privileges, and all property, movable and immovable, including lands, buildings, workshops, stores, instruments, machinery and equipment, cash balances, cash on hand, reserve funds, investments, book debts and all other rights and interests in, or arising out of, such property as were immediately before the appointed day in the ownership, possession, power or control of the Company, whether within or outside India, and all books of account, registers and other documents of whatever nature relating thereto. (2) All properties as aforesaid which have vested in the Central Government under section 3, shall, by force of such vesting, be freed and discharged from any trust, obligation, mortgage, charge, lien and all other incumbrances affecting them, and any attachment, injunction, decree or order of any Court or other authority restricting the use of such properties in any manner or appointing any receiver in respect of the whole or any part of such properties shall be deemed to have been withdrawn. (3) Every mortgagee of any property which has vested under this Act in the Central Government and every person holding any charge, lien or other interest in, or in relation to, any such property shall give, within such time and in such manner as may be prescribed, an intimation to the Commissioner of such mortgage, charge, lien or other interest. (4) For the removal of doubts, it is hereby declared that the mortgagee of any property referred to in sub-section (3) or any other person holding any charge, lien or other interest in, or in relation to, any such property shall be entitled to claim, in accordance with his rights and interests, payment of the mortgage money or other dues, in whole or in part, out of the amounts specified in section 8 and also out of the amounts determined under section 9, but no such mortgage, charge, lien or other interest shall be enforceable against any property which has vested in the Central Government. (5) Any licence or other instrument granted to the Company in relation to any undertaking which has vested in the Central Government under section 3 at any time before the appointed day and in force immediately before the appointed day shall continue to be in force on and after such day in accordance with its tenor in relation to and for the purposes of such undertaking, and on and from the date of vesting of such undertaking, under section 5, in an existing Government company, or under section 6, in a new Government company, the existing, or new, Government company, as the case may be, shall be deemed to be substituted in such licence or other instrument as if such licence or other instrument had been granted to such existing, or new, Government company and such existing, or new, Government company shall hold it for the remainder of the period for which the Company would have held it under the terms thereof. (6) If, on the appointed day, any suit, appeal or other proceeding, of whatever nature, in relation to any property which has vested in the Central Government under section 3, instituted or preferred by or against the Company, is pending, the same shall not abate, be discontinued or be, in any way, prejudicially affected by reason of the transfer of the undertakings of the Company, or of anything contained in this Act, but the suit, appeal or other proceeding may be continued, prosecuted or enforced by or against the Central Government, or where the undertakings of the Company are directed under section 5, to vest in an existing Government company or become transferred by virtue of the provisions of section 6 to a new Government company, by or against such Government company. ----- **5. Power of Central Government to direct vesting of the undertakings of the Company in an** **existing Government company.—(1) Notwithstanding anything contained in sections 3 and 4, and** subject to the provisions of section 6, the Central Government may, if it is satisfied that an existing Government company is willing to comply, or has complied, with such terms and conditions as that Government may think fit to impose, direct, by notification, that the undertakings of the Company, and the right, title and interest of the Company in relation to its undertakings which have vested in the Central Government under section 3, shall, instead of continuing to vest in the Central Government, vest in that existing Government company either on the date of publication of the notification or on such earlier or later date (not being a date earlier than the appointed day) as may be specified in the notification. (2) Where the right, title and interest of the Company in relation to its undertakings vest, under sub-section (1), in an existing Government company, that Government company shall, on and from the date of such vesting be deemed to have become, and until the transfer of the undertakings by virtue of the provisions of section 6, to a new Government company, be deemed to be, the owner in relation to such undertakings and the rights and liabilities of the Central Government in relation to such undertakings shall, on and from the date of such vesting, be deemed to have become, and until the date of such transfer, be deemed to be, the rights and liabilities, respectively, of that existing Government company. **6. Transfer of undertakings of the Company from an existing Government company to a new** **Government company.—(1) Notwithstanding anything contained in sections 3 and 4, where the** undertakings of the Company have been directed, under sub-section (1) of section 5, to vest in an existing Government company, the Central Government may, if it is satisfied that a new Government company is willing to comply, or has complied, with such terms and conditions as that Government may think fit to impose, declare, by notification, that the undertakings of the Company be transferred to that new Government company; and on the issue of such declaration, the right, title and interest of the Company in relation to its undertakings, which had been directed under sub-section (1) of section 5 to vest in an existing Government company, shall, instead of continuing to vest in that existing Government company, vest in that new Government company with effect from the date on which such declaration is made. (2) Where the right, title and interest of the existing Government company in relation to the undertakings of the Company vest under sub-section (1) in a new Government company, that new Government company shall, on and from the date of such vesting, be deemed to have become the owner in relation to such undertakings and the rights and liabilities of the existing Government company in relation to such undertakings shall, on and from the date of such vesting, be deemed to have become the rights and liabilities, respectively, of that new Government company. **7. Company to be liable for certain prior liabilities.—(1) Every liability of the Company in respect** of any period prior to the appointed day, shall be the liability of the Company and shall be enforceable against it, and not against the Central Government, or where the undertakings of the Company vest in an existing, or a new, Government company, against such Government company. (2) For the removal of doubts, it is hereby declared that— (a) save as otherwise expressly provided in this Act, no liability of the Company in relation to its undertakings, in respect of any period prior to the appointed day, shall be enforceable against the Central Government, or where the undertakings of the Company vest in an existing, or a new, Government company, against such Government company; (b) no award, decree or order of any court, tribunal or other authority in relation to the undertakings of the Company, passed after the appointed day in respect of any matter, claim or dispute, which arose before that day, shall be enforceable against the Central Government, or where the undertakings of the Company vest in an existing, or a new, Government company, against such Government company; (c) no liability incurred by the Company before the appointed day for the contravention of any provision of law for the time being in force shall be enforceable against the Central Government, or where the undertakings of the Company vest in an existing, or a new, Government company, against such Government company. ----- CHAPTER III PAYMENT OF AMOUNTS **8. Payment of amount.—(1) For the transfer to, and vesting in, the Central Government, under** section 3, of the undertakings of the Company, and the right, title and interest of the Company in relation to such undertakings, there shall be given by the Central Government to the Company in cash and in the manner specified in Chapter VI, an amount of rupees ten crores and four lakhs. (2) For the removal of doubts, it is hereby declared that the liabilities of the Company, in relation to its undertakings, shall be met, in accordance with the rights and interests of the creditors of the Company, from the amount due to the Company under sub-section (1). **9. Payment of further amount.—(1) For the deprivation of the Company of the management of the** undertakings owned by it, there shall be given, by the Central Government, to the Company, in addition to the amount specified in section 8, an amount computed at the rate of ten thousand rupees per annum for the period commencing on the date on which the management of the undertakings of the Company was taken over in pursuance of the order made by the Central Government under section 18AA of the Industries (Development and Regulation) Act, 1951 (65 of 1951), and ending on the appointed day. (2) The amount specified in section 8, and the amount computed in accordance with the provisions of sub-section (1), shall carry simple interest at the rate of four per cent. per annum for the period commencing on the appointed day and ending on the date on which payment of such amount is made by the Central Government to the Commissioner. (3) The amounts determined in accordance with the provisions of sub-sections (1) and (2) shall be given to the Company in addition to the amount specified in section 8. CHAPTER IV MANAGEMENT, ETC., OF THE UNDERTAKINGS OF THE COMPANY **10. Management, etc., of the undertakings of the Company.—(1) The general superintendence,** direction, control and management of the affairs and business of the undertakings owned by the Company, the right, title and interest in relation to which have vested in the Central Government under section 3, shall,— (a) where a direction has been made by the Central Government under sub-section (1) of section 5, vest, on and from the date, specified in such direction, in the existing Government company specified therein; or (b) where a declaration has been made under sub-section (1) of section 6, vest, on and from the date of such declaration, in the new Government company specified therein; or (c) where no direction referred to in clause (a) or declaration referred to in clause (b) has been made, vest, on and from the appointed day, in one or more Custodians appointed by the Central Government under sub-section (2), and thereupon the existing, or new, Government company or the Custodian or Custodians so appointed, as the case may be, shall be entitled to exercise, to the exclusion of all other persons, all such powers and do all such things as the Company is authorised to exercise and do in relation to the undertakings owned by it. (2) The Central Government may appoint one or more individuals or a Government company as the Custodian or Custodians of the undertakings of the Company in relation to which no direction has been made by it under sub-section (1) of section 5 or no declaration has been made by it under sub-section (1) of section 6, and the Custodian or Custodians so appointed shall receive, from the funds of the undertakings, such remuneration as may be specified by the Central Government. (3) The Custodian or Custodians of the undertakings of the Company shall maintain an account of the undertakings of the Company in such form and manner and under such conditions as may be prescribed, and the provisions of the Companies Act, 1956 (1 of 1956), shall apply to the audit of the accounts so maintained as they apply to the audit of the accounts of a company. ----- **11. Duty of persons in charge of management of the undertakings of the Company to deliver all** **assets, etc.—(1) On the vesting of the management of the undertakings of the Company in an existing, or** a new, Government company or on the appointment of a Custodian or Custodians, all persons in charge of the management of the undertakings of the Company immediately before such vesting or appointment shall be bound to deliver to such Government company, or the Custodian or Custodians, as the case may be, all assets, books of account, registers and other documents in their custody relating to the undertakings of the Company. (2) The Central Government may issue such directions as it may deem desirable in the circumstances of the case to the existing, or new, Government company or the Custodian or Custodians, and such Government company, Custodian or Custodians may also, if it is considered necessary so to do, apply to the Central Government at any time for instructions as to the manner in which the management of the undertakings of the Company shall be conducted or in relation to any other matter arising in the course of such management. **12. Duty of persons to account for assets, etc., in their possession.—(1) Any person who has, on** the appointed day, in his possession or under his control, any assets, books, documents or other papers relating to any undertaking owned by the Company, which has vested in the Central Government or in an existing, or a new, Government company under this Act, and which belongs to the Company, or would have so belonged, if the undertakings owned by the Company had not vested in the Central Government or such Government company, shall be liable to account for the said assets, books, documents and other papers to the Central Government or the Government company and shall deliver them up to the Central Government or such Government company or to such person or body of persons as the Central Government or the Government company may specify in this behalf. (2) The Central Government may take or cause to be taken all necessary steps for securing possession of the undertakings of the Company which have vested in it under section 3. (3) The Company shall, within such period as the Central Government may allow in this behalf, furnish to that Government a complete inventory of all its property and assets, as on the appointed day, pertaining to the undertakings which have vested in the Central Government under section 3, and, for this purpose, the Central Government or the existing, or new, Government company shall afford to the Company all reasonable facilities. CHAPTER V PROVISIONS RELATING TO THE EMPLOYEES OF THE COMPANY **13. Continuance of employees.—(1) Every employee of the Company in connection with any** undertaking owned by it, shall become, on and from the appointed day, an employee of the Central Government, and where such undertaking is vested in an existing, or a new, Government company under this Act, become, on and from the date of such vesting in such Government company, an employee thereof and shall hold office or service under the Central Government or the existing, of new, Government company, as the case may be, with the same rights and privileges as to pension, gratuity and other matters as would have been admissible to him if there had been no such vesting and shall continue to do so unless and until his employment under the Central Government or the existing, or new, Government company, as the case may be, is duly terminated or until his remuneration and other conditions of service are duly altered by the Central Government or the existing, or new, Government company, as the case may be. (2) Notwithstanding anything contained in the Industrial Disputes Act, 1947 (14 of 1947), or in any other law for the lime being in force, the transfer of the services of any officer or other person employed in any undertakings owned by the Company to the Central Government or the existing, or new, Government company shall not entitle such officer or other employee to any compensation under this Act or any other law for the time being in force and no such claim shall be entertained by any court, tribunal or other authority. ----- **14. Provident fund and other funds.—(1) Where the Company has established a provident fund,** superannuation fund, welfare fund or other fund for the benefit of persons employed in any of the undertakings owned by it, the monies relatable to the employees, whose services have become transferred by or under this Act to the Central Government or an existing, or a new, Government company shall, out of the monies standing, on the appointed day, to the credit of such provident fund, superannuation fund, welfare fund or other fund, stand transferred to, and shall vest in, the Central Government or the Government company, as the case may be. (2) The monies which stand transferred under sub-section (1) to the Central Government or the existing, or new, Government company, as the case may be, shall be dealt with by that Government or the Government company in such manner as may be prescribed. CHAPTER VI COMMISSIONER OF PAYMENTS **15. Appointment of Commissioner of Payments.—(1) The Central Government shall, for the** purpose of disbursing the amounts payable under sections 8 and 9 to the Company, by notification, appoint a Commissioner of Payments. (2) The Central Government may appoint such other persons as it may think fit to assist the Commissioner and thereupon the Commissioner may authorise one or more of such persons also to exercise all or any of the powers exercisable by him under this Act and different persons may be authorised to exercise different powers. (3) Any person authorised by the Commissioner to exercise any of the powers exercisable by the Commissioner may exercise those powers in the same manner and with the same effect as if they have been conferred on that person directly by this Act and not by way of authorisation. (4) The salaries and allowances of the Commissioner and other persons appointed under this section shall be defrayed out of the Consolidated Fund of India. **16. Payment by the Central Government to the Commissioner.—(1) The Central Government** shall, within thirty days from the specified date, pay, in cash, to the Commissioner, for payment to the Company— (a) an amount equal to that specified in section 8; (b) a further amount equal to the amount payable to the Company under section 9. (2) A deposit account shall be opened by the Central Government in favour of the Commissioner, in the Public Account of India, and every amount paid under this Act to the Commissioner shall be deposited by him to the credit of the said deposit account and the said deposit account shall be operated by the Commissioner. (3) Records shall be maintained by the Commissioner in respect of the undertakings of the Company in relation to which payment has been made to him under this Act. (4) Interest accruing on the amounts standing to the credit of the deposit account referred to in sub-section (2) shall ensure to the benefit of the Company. **17. Certain powers of the Central Government or Government company.—(1) The Central** Government or the existing, or new, Government company, as the case may be, shall be entitled to receive up to the specified date, to the exclusion of all other persons, any money due to the Company, in relation to any of the undertakings owned by it which have vested in the Central Government or such Government company, and realised after the appointed day, notwithstanding that the realisation pertains to a period prior to the appointed day. (2) The Central Government or the existing, or new, Government company, as the case may be, may make a claim to the Commissioner with regard to every payment made by that Government or Government company, after the appointed day, for discharging any liability of the Company in respect of any of the undertakings owned by it, in relation to any period prior to the appointed day; and every such claim shall have priority in accordance with the priorities attaching under this Act, to the matter in relation to which such liability has been discharged by the Central Government or the Government company. ----- (3) Save as otherwise provided in this Act, the liabilities of the Company in relation to any of the undertakings owned by it, in respect of any transaction prior to the appointed day, which have not been discharged on or before the specified date, shall be the liabilities of the Company. **18. Claims to be made to the Commissioner.—Every person having a claim against the Company** with regard to any of the matters specified in the Schedule, pertaining to any undertaking owned by it, shall prefer such claim before the Commissioner within thirty days from the specified date: Provided that if the Commissioner is satisfied that the claimant was prevented by sufficient cause from preferring the claim within the said period of thirty days, he may entertain the claim within a further period of thirty days, but not thereafter. **19. Priority of claims.—The claims made under section 18 shall have priorities in accordance with** the following principles, namely:— (a) Category I shall have precedence over all other categories and Category II shall have precedence over Category III and so on; (b) the claims specified in each of the categories shall rank equally and be paid in full, but, if the amount is insufficient to meet such claims in full, they shall abate in equal proportions and be paid accordingly; and (c) the question of discharging any liability with regard to a matter specified in a lower category shall arise only if a surplus is left after meeting all the liabilities specified in the immediately higher category. **20. Examination of claims.—(1) On receipt of the claims made under section 18, the Commissioner** shall arrange the claims in the order of priorities specified in the Schedule and examine the same in accordance with such order. (2) If, on examination of the claims, the Commissioner is of opinion that the amount paid to him under this Act is not sufficient to meet the liabilities specified in any lower category, he shall not be required to examine any claim in respect of such lower category. **21. Admission or rejection of claims.—(1) After examining the claims with reference to the** priorities set out in the Schedule, the Commissioner shall fix a date on or before which every claimant shall file the proof of his claim. (2) Not less than fourteen days’ notice of the date so fixed shall be given by advertisement in one issue of any daily newspaper in the English language having circulation in the major part of the country and one issue of any daily newspaper in such regional language as the Commissioner may consider suitable, and every such notice shall call upon the claimant to file the proof of his claim with the Commissioner within the period specified in the advertisement. (3) Every claimant who fails to file the proof of his claim within the period specified by the Commissioner shall be excluded from the disbursement made by the Commissioner. (4) The Commissioner shall, after such investigation as may, in his opinion, be necessary and after giving the Company an opportunity of refuting the claim and after giving the claimant a reasonable opportunity of being heard, by order in writing, admit or reject the claim in whole or in part. (5) The Commissioner shall have the power to regulate his own procedure in all matters arising out of the discharge of his functions, including the place or places at which he may hold his sitting and shall, for the purpose of making any investigation under this Act, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit, in respect of the following matters, namely:— (a) the summoning and enforcing the attendance of any witness and examining him on oath; (b) the discovery and production of any document or other material object producible as evidence; (c) the reception of evidence on affidavits; (d) the issuing of any commission for the examination of witnesses. ----- (6) Any investigation before the Commissioner shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860) and the Commissioner 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). (7) A claimant who is dissatisfied with the decision of the Commissioner may prefer an appeal against such decision to the High Court within the local limits of whose jurisdiction the registered office of the Company is situated: Provided that where a person who is a Judge of a High Court is appointed to be the Commissioner, such appeal shall be heard and disposed of by not less than two Judges of that High Court. **22. Disbursement of money by the Commissioner.—After admitting a claim under this Act, the** amount due in respect of such claim shall be paid by the Commissioner to the person or persons to whom such amount is due and on such payment, the liability of the Company in respect of any claim relating to the undertakings owned by it shall stand discharged. **23. Disbursement of amounts to the Company.—(1) If out of the monies paid to him in relation to** any undertaking owned by the Company there is a balance left after meeting the liabilities as specified in the Schedule, the Commissioner shall disburse such balance to the Company. (2) Where the possession of any machinery, equipment or other property has vested in the Central Government or any existing, or new, Government company under this Act, but such machinery, equipment or other property does not belong to the Company, it shall be lawful for the Central Government or, as the case may be, the existing, or new, Government company, to continue to possess such machinery or equipment or other property on the same terms and conditions under which they were possessed by the Company, immediately before the appointed day. **24. Undisbursed or unclaimed amount to be deposited with the general revenue account.—Any** money paid to the Commissioner which remains undisbursed or unclaimed on the date immediately preceding the date on which the office of the Commissioner is finally would up, shall be transferred by the Commissioner, before his office is finally wound up, to the general revenue account of the Central Government; but a claim to any money so transferred may be preferred to the Central Government by the person entitled to such payment and shall be dealt with as if such transfer had not been made, and the order, if any, for payment of the claim being treated as an order for the refund of revenue. CHAPTER VII MISCELLANEOUS **25. Act to have overriding effect.—The provisions of this Act shall have effect notwithstanding** anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law, other than this Act, or in any decree or order of any court, tribunal or other authority. **26. Assumption of liability.—(1) Where any liability of the Company arising out of any item** specified in any category in Part I of the Schedule is not discharged fully by the Commissioner out of the amounts paid to him under this Act, the Commissioner shall intimate in writing to the Central Government the extent of the liability which remains undischarged and that liability shall be assumed by the Central Government. (2) The Central Government may, by order, direct the existing, or new, Government company in which the undertakings of the Company become vested by virtue of any direction made under sub-section (1) of section 5 or declaration made under sub-section (1) of section 6, to take over the liability assumed by the Central Government under sub-section (1), and on receipt of such direction, it shall be the duty of such existing, or new, Government company to discharge such liability. ----- **27. Management to continue to vest in the Custodian until alternative arrangements have been** **made.—Notwithstanding the vesting under this Act of the undertakings of the Company in the Central** Government or an existing, or a new, Government company,— (a) the Custodian who has been managing the affairs of such undertaking before the date on which the undertaking had so vested shall, until alternative arrangements have been made by the Central Government or, as the case may be, such Government company, for the management of such undertakings continue to manage the affairs of the undertakings, as if the Custodian had been authorised by the Central Government or, as the case may be, such Government company, to manage such undertakings; (b) the Custodian or any person authorised by him for this purpose shall, until alternative arrangements have been made by the Central Government or, as the case may be, such Government company, continue to be authorised to operate, in relation to the undertakings of the Company, any account of such undertakings in any bank as if the Custodian or the person authorised by him had been authorised by the Central Government or such Government company to operate such account. **28. Contracts to cease to have effect unless ratified by the Central Government or the** **Government company.—Every contract entered into by the Company in relation to any of the** undertakings owned by it, which has vested in the Central Government under section 3, for any service, sale or supply and in force immediately before the appointed day, shall, on and from the expiry of a period of one hundred and eighty days from the appointed day, cease to have effect unless such contract is, before the expiry of that period, ratified, in writing, by the Central Government, or the existing, or new, Government company, in which such undertakings have been vested under this Act, and in ratifying such contract the Central Government or such Government company may make such alteration or modification therein as it may think fit: Provided that the Central Government or such Government company shall not omit to ratify a contract and shall not make any alteration or modification in a contract— (a) unless it is satisfied that such contract is unduly onerous or has been entered into in bad faith or is detrimental to the interests of the Central Government or such Government company; and (b) except after giving the parties to the contract a reasonable opportunity of being heard and except after recording in writing its reasons for refusal to ratify the contract or for making any alteration or modification therein. **29. Penalties.—Any person who,—** (a) having in his possession, custody or control any property forming part of the undertakings owned by the Company, wrongfully withholds such property from the Central Government or the Government company; or (b) wrongfully obtains possession of, or retains, any property forming part of, the undertakings owned by the Company; or (c) wilfully withholds or fails to furnish to the Central Government or the existing, or new, Government company or any person or body of persons specified by that Government or such Government company, as the case may be, any document relating to the undertakings owned by the Company, which may be in his possession, custody or control; or (d) fails to deliver to the Central Government or the existing, or new, Government company or any person or body of persons specified by that Government or Government company, any assets, books of account, registers or other documents in his possession, custody or control relating to the undertakings owned by the Company; or (e) wrongfully removes or destroys any property forming part of the undertakings owned by the Company or prefers any claim under this Act which he knows or has reason to believe to be false or grossly inaccurate, shall be punishable with imprisonment for a term which may extend to two years and also with fine which may extend to ten thousand rupees. ----- **30. Offences by Companies.—(1) Where an offence under this Act has been committed by a** company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be 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. **31. Protection of action taken in good faith.—(1) No suit, prosecution or other legal proceeding** shall lie against the Central Government or any officer of that Government or the existing, or new, Government company in which the undertakings of the Company have vested under this Act or other person authorised by that Government or Government company 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 any of its officers or other employees or the existing, or new, Government company aforesaid or any officer or other person authorised by that Company 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. **32. Delegation of powers.—(1) The Central Government may, by notification, direct that all or any** of the powers exercisable by it under this Act, other than the powers conferred by this section and sections 33 and 34, may also be exercised by such person or persons as may be specified in the notification. (2) Whenever any delegation of power is made under sub-section (1), the person to whom such power has been delegated shall act under the direction, control and supervision of the Central Government. **33. Power to make rules.—(1) The Central Government may, by notification, makes rules for** carrying out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the time within which, and the manner in which, an intimation referred to in sub-section (3) of section 4 shall be given; (b) the form and manner in which and the conditions under which accounts shall be maintained by the Custodian or Custodians, as required by sub-section (3) of section 10; (c) the manner in which the monies in any provident fund or other fund, referred to in sub-section (2) of section 14, shall be dealt with; (d) any other matter which is required to be, or may be, prescribed. ----- (3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of 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. **34. Power to remove difficulties.—If any difficulty arises in giving effect to the provisions of this** Act, the Central Government may, by order, not inconsistent with the provisions of this Act, remove the difficulty: Provided that no such order shall be made after the expiry of a period of two years from the appointed day. **35. Repeal and saving.—(1) The National Company Limited (Acquisition and Transfer of** Undertakings) Ordinance, 1980 (4 of 1980), is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the Ordinance so repealed shall be deemed to have been done or taken under the corresponding provisions of this Act. ----- THE SCHEDULE (See sections 18, 20, 21, 23 and 26) ORDER OF PRIORITIES _Part I_ _Category I—_ Employees’ dues on account of unpaid salaries, wages, provident fund, Employees’ State Insurance contribution or premium relating to Life Insurance Corporation of India and any other amounts due to employees, in respect of any period whether before or after the management of the undertaking of the Company had been taken over by the Central Government. _Category II—_ Secured loans obtained by the Company from nationalised banks and public financial institutions during any period whether before or after the management of the undertaking of the Company had been taken over by the Central Government. _Category III—_ Amounts due to trade and other creditors in relation to any transaction which took place during the post-take-over management period. _Part II_ _Category IV—_ Revenue, taxes, cesses, rules or other dues to the Central Government, State Governments and local authorities or State Electricity Board for the pre-take-over management period. _Category V—_ Amounts due to trade and other creditors in relation to any transaction which took place during the pre-take-over management period. -----